HomeMy WebLinkAboutEDB GP WTP RFQ Execution Executive Summary EXECUTIVE SUMMARY
AGENDA ITEM:
Proposed Agreement with Dewberry Engineers, Inc. for Engineering and Construction Services to
Value Engineer, Redesign and Rebid the Governor's Park Water Treatment Plant, and to Provide
Services During Construction for all construction activities at the Governor's Park Plant Site.
RFQ No. 2022/2023-A17
CCUA Project No.: 1127-002
CCUA Financial Job No.: 21026WP
Date: April 18, 2023
BACKGROUND:
Staff completed a request for qualifications (RFQ) process. As previously reported on March 21,
2023, Dewberry's was the only submission received. Dewberry is a well-respected firm with
highly capable and qualified staff to complete the professional engineering design services needed
for this project.
Staff negotiated the attached Scope and Fee proposal with Dewberry Engineers, Inc. for
co
c $705,284.53. The proposal includes value engineering to ensure the resulting project provides
:' CCUA with the best long-term value. Also included are project management, document
2, preparation, permitting, and bidding and construction administration services. Additionally, to
L realize efficiencies on required inspection staff presence, Dewberry will provide construction and
a engineering inspection for all construction activities at the Governor's Park site including the
ce master lift station and reclaimed storage and pumping facility which were designed by their
subconsultant, Ardurra.
BUDGET:
Staff budgeted$9,450,000 for this project in the updated Capital Improvement Program presented
to the Board of Supervisors on March 21, 2023.
CCNA:
Because the total construction cost for the Governor's Park WTP is expected to exceed$4 million,
the engineering services proposed herein have been procured via RFQ in compliance with CCNA,
F.S. s. 287.055.
RECOMMENDATION:
Staff respectfully recommends the Board of Supervisors approve the negotiated scope of services
and execution of a contract with Dewberry Engineers, Inc. to provide the services described for
//DD,DP(Author)
//PS,AW(Review)
//PS(Final)
the Governor's Park WTP and related projects.
ATTACHMENTS:
Scope and Fee Proposal
Contract
//DD, DP(Author)
//PS,AW(Review)
//PS(Final)
;:Sa Dewberry Engineers Inc. 863.345.0838
�';'% Dewberry® 1479 Town Center Drive,Suite D214 www.dewberry.com
Lakeland,FL 33803-7974
SCOPE OF SERVICES
Governor's Park Water Treatment Plant (GPWTP) Rebid
April 11, 2023
A. Project Background and Description
Dewberry Engineers (CONSULTANT) was requested by Clay County Utility Authority
(AUTHORITY) to provide engineering services to rebid the GPWTP.
Our team (CONSULTANT and subconsultant Ardurra Group) have worked over the last 12
months on jointly developing with the AUTHORITY the Governor's Park site and the various
projects (GPWTP, Reclaimed Storage and Pumping Facility, Wastewater Lift Station and Site
Work/Stormwater Facilities) located at the site. Because of the accelerated schedule for placing
the GPWTP in service, the GPWTP included the use of existing components of steel package
plants as a means of reducing cost and accelerating the construction schedule. The
components proposed for re-use included horizontal steel storage tanks, a tower aerator, and
two existing portable buildings. Additionally, a leased sodium hypochlorite storage tank and
metering pumps located in one of the portable buildings were proposed in lieu of a permanent
facility.
to The project was bid to the Authority's as-needed general contractors. This contacting
mechanism has a construction cost limitation of$4 million. The bids exceeded this amount,
requiring the AUTHORITY to reject the bids. As part of the post-bid evaluation, the bid results
were discussed with the bidders. As well as the current expensive construction climate, insight
was obtained from the bidders as to project components that carried perception of risk, and
which might have resulted in higher construction bid amounts.
A unanimous perception of the bidders was that relocation and rehabilitation of the existing steel
storage tanks and tower aerator carried risk and resulted in higher bid prices. As a result, the
rebid package will replace the steel storage tanks and tower aerator with a 500,000-gallon pre-
stressed concrete storage tank with integral aerator, which will provide storage through
approximately 2035.
Other bidders indicated that the proposed masonry block and roof truss construction of the
proposed electrical and control room presented a high unit cost (per square foot) because the
difficulty of obtaining interest from local builders for this type of construction because of the
competition from residential and commercial construction. An additional cost factor was stated
to be the required coordination of multiple subs (concrete, block mason, roofers, plumbers,
HVAC) required for the building. The bidders suggested that a pre-cast/pre-engineered building
could provide economy.
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Several bidders also indicated that the leased hypochlorite system might be provided as a
permanent purchased system for similar cost.
This analysis by the AUTHORITY and the project team resulted in recommendations to re-
evaluate certain components of the previous bid package, as part of the re-bidding of the
GPWTP to general contractors not constrained by the $4 million "as-needed" contract limit.
The scope of services for the redesign and rebidding of the GPWTP will include the following:
• Evaluate the project plans and specifications for potential cost savings and value
improvements.
• Replace the steel ground storage tanks and tower aerator with 500,000-Gallon Ground
Storage Tank (GST) with integral aerator.
• Evaluate the use of pre-cast/pre-manufactured building components (wall and roof
panels with doors) in lieu of or as an alternative to masonry block construction and roof
trusses.
• Evaluate elimination of the future walls and roof for the high service pump station. This
will allow elimination of the pipe trench, and probable reduction in the size of the slab.
• Evaluate replacement of the leased sodium hypochlorite storage and metering
equipment with a purchased system located in a precast concrete building.
• Evaluate the level of detail for the instrumentation and controls to ensure compatibility
to with the AUTHORITY's design standards.
The CONSULTANT shall provide professional engineering services for the re-design, re-
permitting, re-bidding and construction services for the GPWTP, as outlined in the scope of
services.
B. Scope of Services
Upon authorization to proceed from the AUTHORITY, the CONSULTANT will provide the
following identified services. This authorization shall be in full force and effect until the
CONSULTANT completes all services as described in the CONSULTANT Agreement and any
subsequent modifications hereto.
PHASE 100— PROJECT MANAGEMENT
Task 101 — Project Management
This task consists of overall management of the Project including contract administration,
budget management, invoicing, monthly status reports, project scheduling, and coordination
with the AUTHORITY and CONSULTANT's sub-consultants. Eighteen (18) months of project
management are provided, including miscellaneous meeting as required by the AUTHORITY.
Dewberry®
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Task 102 — Meetings
The CONSULTANT will attend meetings as tabulated below with the AUTHORITY. Other
specific meetings are included in the tasks described in this scope of services. The
CONSULTANT will prepare a meeting agenda and meeting minutes. Meeting minutes shall be
distributed within three working days of the date of the meeting.
1. Kick-off meeting.
2. Value Engineering (VE)workshop with the AUTHORITY.
3. Issued for Bid (IFB) design review meeting for the GPWTP re-bid documents. The
IFB review meeting will include the electrical/I&C designer. This will be a virtual
meeting.
4. Monthly progress meetings over the course of the 18-month schedule. The scope
assumes eight (8) meetings will be in person and ten (10) meetings will be virtual via
Teams.
PHASE 200 —VALUE ENGINEERING
Task 201 —Value Engineering
to The existing project bidding documents, which include pre-purchased equipment information,
will be evaluated by a qualified team of reviewers to identify any areas where efficiencies can be
obtained, to verify consistency and to identify VE concepts. The electrical and instrumentation
and control will be evaluated by SUBCONSULTANT Ardurra. The general civil, mechanical
(HVAC and plumbing) and process mechanical)will be evaluated by the CONSULTANT. The
structural will be evaluated by SUBCONSULTANT Wekiva Engineers.
The CONSULTANT and SUBCONSULTANTS will then develop value engineering concepts
and costs for those concepts, including revision of the overall Engineer's Opinion of Probable
Construction Cost (EOPCC). A workshop will be held at the AUTHORITY to present the
proposed revisions to the project plans.
PHASE 300 — IFB DOCUMENTS
Task 301 — IFB Documents
CONSULTANT will prepare and submit Issued for Bid (IFB) design documents, incorporating
the proposed changes identified in Task 201, and consisting of the following:
1. Design drawings, consisting of one (1) signed and sealed electronic copy in PDF
format. These drawings shall be prepared as 22-inch by 34-inch full-sized drawings
which can be printed 11-inch by 17-inch half-size to scale.
Dewberry®
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2. Technical specifications, consisting of one (1) signed and sealed electronic copy in
PDF format. Technical specifications will include Division 0 bidding documents.
3. One (1) copy of a final EOPCC in PDF format.
4. Updates to the prepurchase bid for the piping, fittings, valves and pipeline
appurtenances.
These documents will be modified if required for any AUTHORITY comments.
The anticipated sheets are listed in Attachment A-2.
PHASE 400— PERMITTING SERVICES
This phase consists of the preparation and submittal of the forms and documents that are
required for obtaining regulatory and construction permits/approvals for the Project. The costs of
the permits are not included in the fee and will be paid by the AUTHORITY.
Task 401 — Specific Permit to Construct Public Water System (PWS) Components
The project currently has an approved water system permit. This task consists of the
to preparation of the forms and supporting documents that are required to modify that permit and
obtain regulatory and construction permits/approval for the project permit. CONSULTANT shall
prepare for and attend one (1) pre-application meeting, with the objective of determining
whether the project modifications require a new permit application, or if the changes can be
reflected in the record drawings for the project.
The scope for the Specific Permit to Construct PWS Components shall include the following
services:
1. Prepare and submit permit application (including all required forms and supporting
documentation) to the Florida Department of Environmental Protection (FDEP).
2. Prepare and submit responses to Requests for Additional Information (RAls). This
effort is limited to two (2) sets of review questions/comments unless otherwise
required to address errors and/or omissions of CONSULTANT in preparing and
submitting requisite application documents.
Task 402 — Environmental Permitting
Environmental permitting services will be provided under an existing consultancy contract with
the AUTHORITY's consultant (Ardurra) who is performing other design work at the Governor's
Park site. The environmental permits will include facilities designed under this scope of
services. The CONSULTANT shall coordinate with and provide information to the
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AUTHORITY's consultant (Ardurra) as required for the environmental permitting. No separate
fee is included for environmental permitting in this scope.
Task 403 — Clay County Development Review
The AUTHORITY has a permit application pending with Development Review Package to Clay
County. This permit was prepared by the AUTHORITY'S consultant (Ardurra Group). The
CONSULTANT shall coordinate with and provide information to the AUTHORITY's consultant
as required for the environmental permitting.
PHASE 500— BID PHASE SERVICES
It is assumed that the AUTHORITY will bid the project to qualified contractors and enter into one
(1) contract for construction of the project. The AUTHORITY shall be responsible for
advertisement of the Project and distribution of the Project documents, including all costs
associated therewith. The CONSULTANT shall work to create interest among qualified
contractors prior to the project being advertised for bidding with acknowledgement of the
challenging bidding environment.
Task 501 —Bid Documents
to
Prepared under Task 301.
Task 502 —Pre-Bid Meeting
The CONSULTANT shall prepare a presentation for the construction package and attend in
person a pre-bid meeting at the AUTHORITY's office followed by a site visit to the project site.
The CONSULTANT's electrical and l&C subconsultant shall attend this meeting.
Task 503 —Bid Addenda
CONSULTANT shall prepare bid addenda as required to address/respond to questions and
comments submitted to the AUTHORITY by prospective bidders.
Task 504— Bid Recommendation
CONSULTANT shall evaluate bids, including qualifications of contractors, and recommend
award.
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Lakeland,FL 33803-7974
PHASE 600 — CONSTRUCTION ADMINISTRATION SERVICES
These services will be performed during construction of the Project. For the purpose of this
Amendment, it is assumed that the construction duration will not exceed 380 calendar days.
Task 601 — Pre-Construction Meeting
The CONSULTANT, including the electrical and l&C designer and inspector shall attend one (1)
pre-construction meeting chaired by the AUTHORITY's construction manager. The
CONSULTANT shall prepare any materials requested by the AUTHORITY and
review/contribute to the meeting agenda.
Task 602 — Preliminary Matters and Contract Documents
The CONSULTANT shall provide signed and sealed sets of conformed construction drawings (2
full-size sets, two half-size sets and one electronic copy, in PDF format), and technical
specifications (two (2) signed and sealed hard copies and one (1) electronic copy, in PDF
format) for distribution to the AUTHORITY. The CONSULTANT shall provide the contractor the
required number of signed and sealed documents in accordance with the bid documents. The
conformed construction drawings and technical specifications shall incorporate all changes and
to clarifications to the documents during the bid and pre-award phases.
The CONSULTANT shall review and approve the preliminary schedule of shop drawings and
submittals, the preliminary schedule of values, and the construction schedule for the Project.
The CONSULTANT shall provide written interpretations and clarifications of the Contract
Documents as requested by the contractor and determine the acceptability of work. The
CONSULTANT will render in writing their opinions concerning the contractor's requests for
formal decisions on claims and disputes. The CONSULTANT will disapprove or reject work
which, in the opinion of CONSULTANT, is defective and/or requires special inspection or testing
as may be deemed necessary to assess conformance with the Contract Documents.
Task 603 — Shop Drawing Review
Review contractor's shop drawings and other submittals for general conformance with the
Contract Documents. The CONSULTANT shall conduct reviews of shop drawings, including
initial and re-reviews as follows:
• Electrical and instrumentation 12 reviews
• Process mechanical and civil 40 reviews
• HVAC/Plumbing 10 reviews
• Structural 13 reviews
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In addition to the shop review of new equipment being provided under the re-bid documents,
shop review of CCUA pre-purchased equipment will be required, as follows:
• Pre-purchased well pumping equipment.
• Pre-purchased high service pumping equipment.
• Pre-purchased electrical motor controls and VFD equipment.
• Pre-purchased piping, pipe fittings, pipe accessories, and valves.
Task 604— Construction Progress Meetings and Factory Acceptance Testing (FAT)
Attend twelve (12) monthly construction progress meetings chaired by the AUTHORITY's
construction manager. The CONSULTANT's inspector shall attend the meeting in person. The
CONSULTANT's project manager shall attend the meeting by TEAMs.
The SUBCONSULTANT electrical and l&C designer will attend one (1) FAT at a local
integrator's factory, for acceptance testing of control system panels and components before
shipment to the project site. The testing procedures shall be as provided by the Contractor or
their Subcontractors. The CONSULTANT will provide testing minutes, completed forms based
on Contractor's submittal, and a listing of any deficiencies to be corrected before equipment
shipment.
to Task 605— Construction Site Visits
The CONSULTANT's Engineer of Record (EOR), or designated representative, will visit the site
at intervals deemed appropriate by the CONSULTANT to review the construction of the Project
for conformance with Contract Documents. The project budget includes two (2) visits a month
for a 11.5-month active construction on site for the civil/process mechanical design. The
structural subconsultant shall make two (2) site visits during construction. The civil and
electrical and l&C designer of subconsultant Ardurra shall make two (2) visits a month for an
11.5-month active construction on site.
Task 606— Limited Progress Inspections
The CONSULTANT shall provide limited construction phase services. The purpose of this work
is to have sufficient knowledge of the construction to certify the project complete to the
regulatory agencies and the AUTHORITY. The CONSULTANT shall assist the AUTHORITY
during the construction. The CONSULTANT shall also perform inspections of the Project on a
regular basis to provide information on the Contract Documents and document that the work is
being performed in accordance with the intent of the design. The CONSULTANT will witness or
review test results and require corrective action for failing tests. Full-time inspection of the work
being performed is not required. It is anticipated that construction inspection will be required for
the 350-day construction period for twenty-four (24) hours per week; however, this may be
Dewberry®
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subject to modification during if additional on-site activities require CONSULTANT to be present.
The CONSULTANT'S inspector shall inspect the Governor's Park Water Treatment Plant as
well as the AUTHORITY'S other project on site, the lift station and reclaimed water project
designed by SUBCONSULTANT Ardurra.
Task 607 —Applications for Payment
The CONSULTANT will review Applications for Payment submitted by the contractor, including
updated progress schedules, and will indicate in writing to the AUTHORITY a recommendation
of payment or return the application to the contractor specifying in writing the reasons for not
recommending payment. The CONSULTANT's recommendation of payment will constitute a
representation by the CONSULTANT to the AUTHORITY that:
1. The work has progressed to the point indicated;
2. The quality of the work, as observed by the CONSULTANT, is within the design
intent of the Contract Documents; and
3. The conditions precedent to the contractor's being entitled to such payment appear
to have been fulfilled based on the CONSULTANT'S site observations.
In the event that the work has not progressed in accordance with the approved construction
to schedule, the CONSULTANT will request that the contractor submit a schedule recovery plan
indicating corrective actions necessary to put the work back on schedule. The CONSULTANT
shall submit the contractor's Application for Payment to the AUTHORITY within five (5) working
days of receipt of the same. The CONSULTANT will review up to twelve (12) pay applications.
Task 608 — Requests for Information (RFIs)
Review RFIs submitted by the contractor and provide written responses to the contractor. The
CONSULTANT shall maintain an RFI log for the Project. The CONSULTANT shall conduct
reviews and prepare responses for RFIs, as follows:
• Electrical and instrumentation 4 reviews/responses
• Process mechanical and civil 12 reviews/responses
• HVAC/Plumbing 2 reviews/responses
• Structural 5 reviews/responses
Task 609 — Change Orders/Contingency Releases/Allowance Authorization Releases
(AARs)
The CONSULTANT will review requests from the contractor for changes in Contract Price or
Contract Time and provide written comments to the contractor and the AUTHORITY. If
acceptable, the CONSULTANT will prepare a written Change Order to be signed by the
CONSULTANT and the contractor and submitted to the AUTHORITY for approval. This task
Dewberry®
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includes the review of Allowance Authorization Releases (AARs) and contingency releases. The
CONSULTANT shall review change orders, as follows:
• Electrical and instrumentation 2 reviews/responses
• Process mechanical and civil 5 reviews/responses
• HVAC/Plumbing 1 reviews/responses
Task 610 — Substantial Completion
Upon written notification and receipt of a list of items to be completed/corrected from the
contractor, the CONSULTANT will visit the site to determine if the work or a designated portion
thereof is substantially complete. For the purpose of this task, the CONSULTANT assumes that
two (2) substantial completion site visits will be required. One structural substantial completion
visit is budgeted. When the work (or a portion thereof) is deemed to be substantially complete,
the CONSULTANT shall prepare a Certificate of Substantial Completion that establishes the
date of Substantial Completion. The Certificate of Substantial Completion shall be accompanied
by a list of items to be completed/corrected.
Task 611 — Project Close-Out
Upon written notification from the contractor that the entire work is complete, the CONSULTANT
to shall visit the site to determine if the work is complete as required by the Contract Documents.
For the purpose of this task, the CONSULTANT assumes that one (1) final completion site visit
will be required. When the work is deemed to be complete by the CONSULTANT and the
AUTHORITY, the CONSULTANT shall review the contractor's final Application for Payment and
accompanying documentation and provide a written recommendation of payment to the
AUTHORITY. The CONSULTANT shall also give written notice to the AUTHORITY and the
contractor that the work is acceptable subject to the provisions of the AUTHORITY'S General
Conditions.
The CONSULTANT shall review contractor's as-built drawings for completeness and
compliance with AUTHORITY requirements. This effort shall include the preparation of written
comments for submission to the contractor based on the CONSULTANT's review of the as-built
drawings. The CONSULTANT shall prepare record drawings based on the contractor's as-built
data. One (1) complete 22" x 34" set of draft record drawings shall be submitted for review by
the AUTHORITY. The CONSULTANT shall incorporate all comments from the draft review, then
submit signed and sealed electronic (PDF) set and AutoCAD files and one (1) signed and
sealed 22" x 34" hard copy set of the record drawings to the AUTHORITY within 30 days of the
receipt of the contractor's final as-built drawings and AUTHORITY comments.
The CONSULTANT shall prepare and submit a "Certification and Request for Clearance to
Place Permitted PWS Components into Operation" (Form 62-555.900(9)) to FDEP for each non-
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contiguous portion of the Project. The CONSULTANT shall prepare and submit an "As-Built
Certification and Request for Conversion to Operation Phase" (Form 62-330.310(1)) to the
SJRWMD.
C. Deliverables
The CONSULTANT shall prepare and submit to the Authority, including electronic format when
applicable, deliverables as identified in the tasks of this scope of services.
D. Schedule
The CONSULTANT will proceed with the services identified herein immediately upon receipt of
an executed copy of this Consultant Purchase Order and a formal Notice-to-Proceed (NTP)
from the AUTHORITY. A preliminary version of the Project schedule in Microsoft Project is
included as Attachment A-3.
E. Compensation
This AGREEMENT establishes a lump sum cost of$705,284.53. Compensation for the services
performed under this Agreement shall include all personnel services, any reimbursable
to expenses, which may include, but are not necessarily limited to, such items as reproduction,
travel, communication expenses, and postage and shipping. Attachment A-1 shows the
breakdown by task.
F. The AUTHORITY's Responsibilities
The AUTHORITY will provide the following information for the CONSULTANT and /or perform
the following services related to the Project:
• Allow CONSULTANT scheduled access to the project site.
• Provide one representative by the AUTHORITY to coordinate, schedule, and receive
comments/information related to this project.
• The AUTHORITY will furnish the CONSULTANT with readily available studies, reports,
and other data pertinent to the CONSULTANT's services.
All documents and data provided by the AUTHORITY shall be provided in digital format (e.g.,
PDF, database files, spreadsheet, etc.) to the greatest extent feasible and practical.
G. Services Not Included
Service not specifically described in the tasks above are not included.
Dewberry®
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H. Assumptions
The Scope of Services and compensation arrangement outlined in this Consultant Purchase
Order are based on the following assumptions:
1. Project water quality is assumed to require no additional treatment beyond cascade tray
aerator and disinfection.
2. The AUTHORITY will provide review comments on project submittals in accordance with
the draft schedule.
to
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Attachment A-1
Clay County Utility Authority
Governor's Park Water Treatment Plant Rebid
Dewberry
, Dewberry Staff Total Subs Total Direct Costs Grand Total
Principal in Project
Manager/Design Senior Technical
Charge Manager Quality Control Senior Tech. Senior Technical Professional II Professional Dewberry Dewberry]Hydro&
Officer Dpty PM Professional Ill Professional III (DH) Lead Inspector I/Inspector Des/CADD Mgr. Admin Professional Total Hours Total Dewberry HVAC/Plumbing Wikeva Ardurra Total Subs Subs
Phase/Task Task Description $ 285.04 $ 272.18 $ 223.55 $ 197.90 $ 135.23 $ 128.25 $ 120.00 $ 100.00 $ 101.48 $ 90.00 $ 80.00
Task 200 Project Management 36 212 0 74 0 0 104 0 0 0 109 535 $ 103,808.20 $ - $ 740.00 $ 40,711.20 $ 41,451.20 $ 145,259.40 $ 3,600.00 $ 148,859.40
Task 101 Project Management 36 108 0 18 0 0 0 0 0 0 108 270 $ 51,859.08 $ - $ - $ 40,711.20 $ 40,711.20 $ 92,570.28 $
Task 102 Meetings 0 104 0 56 0 0 104 0 0 0 1 265 $ 51,949.12 $ $ 740.00 $ - $ 740.00` $ 52,689.12 $ 3,600.00
Task 200 Value Engineering 5� 8 12 0 46 0 48� 0 0� 0 121 $ 18,536.28 $ - $ 2,150.00 $ 14,500.40 $ 16,650.40 $ 35,186.68 $ - $ 35,186.68
Task 201 Value Engineering 5 8 12 0 48 0 48 0 0 0 0 121 $ 18,536.28 $ - $ 2,150.00 $ 14,500.40 $ 16,650.40 $ 35,186.68 $Task 300 IFB Documents 2 27 11 0 114 0 228 0 0 217.5 0 599.5 $ 72,729.21 $ 10,560.00 $ 9,400.00 $ 50,077.20 $ 70,037.20 $ 142,766.41 $ 100.00 $ 142,866.41
Task 301 IFB Set 2 27 11 0 114 0 228 0 0 217.5 0 599.5 $ 72,729.21 $ 10,560.00 $ 9,400.00 $ 50,077.20 $ 70,037.20 $ 142,766.41 $ 100.00
Task400 Permitting Services 0 16 0 0 0 0 18 0 0 22 2 58 $ 8,654.88 $ - $ - $ 2,223.20 $ 2,223.20 $ 10,878.08 $ 200.00 $ 11,078.08
Task 401 Specific Permit to Construct PWS Components 0 13 0 0 0 0 12 0 0 16 1 42 $ 6,498.34 $ - $ - $ - $ - $ 6,498.34 $ 200.00
Task 402 Environmental Permitting 0 0 0 0 0 0 0 0 0 0 0 0 $ - $ - $ - $ - $ - $ - $ -
Task403 Clay County Development Review 0 3 0 0 0 0 6 0 0 6 1 16 $ 2,156.54 $ - $ - $ 2,223.20 $ 2,223.20 $ 4,379.74 $ -
Task 500 Bid Phase Services 2 18 0 0 0 0 28 0 0 20 4 72 $ 10,949.32 $ - $ 750.00 $ 13,053.40 $ 13,803.40 $ 24,752.72 $ 500.00 $ 25,252.72
Task 501 Bid Documents 0 4 0 0 0 0 8 0 0 16 0 28 $ 3,488.72 $ - $ - $ 12,976.40 $ 12,976.40 $ 16,465.12 $ 300.00
Task 502 Pre-Bid Meeting 0 8 0 0 0 0 8 0 0 0 0 16 $ 3,137.44 $ - $ - $ 44.00 $ 44.00 $ 3,181.44 $ 200.00
Task 503 Bid Addenda 1 2 0 0 0 0 4 0 0 4 4 15 $ 1,989.40 $ - $ 750.00 $ 33.00 $ 783.00 $ 2,772.40 $ -
Task504 Bid Recommendation 1 4 0 0 0 0 8 0 0 0 0 13 $ 2,333.76 $ - $ - $ - $ - $ 2,333.76 $ -
Task600 Construction Administration Services 33.5 0 0 0 0 440 0 1340 56 58 2021.5 $ 240,673.64 $ 9,240.00 $ 8,900.00 $ 76,727.60 $ 94,867.60 $ 335,541.24 $ 6,500.00 S 342,041.24
Task 601 Pre-Construction Meeting 0 8 0 0 0 0 8 0 8 0 2 0 $ 4,109.28 $ - $ - $ 76,727.60 $ 76,727.60 $ 80,836.88 $ 400.00
Task 602 Preliminary Matters and Contract Documents 0 2 0 0 0 0 12 0 0 4 4 22 $ 2,664.36 $ - $ - $ - $ - $ 2,664.36 $ 200.00
Task 603 Shop Drawing Review 10 20 0 0 0 0 80 0 0 0 20 130 $ 19,494.00 $ - $ 4,450.00 $ - $ 4,450.00 $ 23,944.00 $ 200.00
Task 604 Progress Meetings and FAT 6 12 0 0 0 0 0 0 96 0 15 129 $ 15,918.48 $ - $ - $ - $ - $ 15,918.48 $ -
Task605 Construction Site Visits 0 0 0 0 0 0 184 0 0 0 0 184 $ 22,080.00 $ - $ 1,335.00 $ - $ 1,335.00 $ 23,415.00 $ 4,300.00
Task 606 Limited Progress Inspections 0 0 0 0 0 0 0 0 1200 0 0 1200 $ 121,776.00 $ - $ - $ - $ - $ 121,776.00 $ -
Task 607 Applications for Payment 3 6 0 0 0 0 42 0 12 0 12 75 $ 9,705.96 $ - $ - $ - $ - $ 9,705.96 $ 200.00
Task 608 Requests for Information 6 12 0 0 0 0 36 0 0 12 0 66 $ 10,376.40 $ - $ 890.00 $ - $ 890.00 $ 11,266.40 $ 200.00
Task 609 Change Orders/Contingecy Releases/AARs 2.5 20 0 0 0 0 20 0 0 5 5 52.5 $ 9,406.20 $ - $ - $ - $ - $ 9,406.20 $ 200.00
Task 610 Substantial Completion 0 9 0 0 0 0 16 0 16 0 0 41 $ 5,993.30 $ - $ 890.00 $ - $ 890.00 $ 6,883.30 $ 600.00
Task 611 Project Closeout 6 31 0 0 0 0 42 0 8 35 0 122 $ 19,149.66 $ - $ 1,335.00 $ - $ 1,335.00 $ 20,484.66 $ 200.00
Tasks 601-611 Plumbing $ 4,440.00 $ - $ - $ 4,440.00 $ 4,440.00 $
Tasks 601-611 HVAC $ 4,800.00 $ - $ - $ 4,800.00 $ 4,800.00 $ -
$ - $ - $ - $
Grand Total 78.5 23 74 162 0 866 0 1340 315.5 173 3407 $ 455,351. 19,800.00 $ 21,940.00 $ 197,293.00 $ 239,033.00 $ 10,900.00 $ 705,284.53
to Basic Services
ATTACHMENT A-2
SHEET NO. DWG NO. DESCRIPTION
GENERAL DRAWINGS
01 G-01 COVER SHEET
02 G-02 SHEET INDEX
03 G-03 GOVERNOR'S PARK INTERIM WTP GENERAL NOTES
04 G-04 GENERAL NOTES-I
05 G-05 GENERAL NOTES-II
06 G-06 LEGEND,ABBREVIATIONS,AND SYMBOLS
07 G-07 PROCESS FLOW DIAGRAM
08 G-08 FACILITY LOCATION PLAN
09 G-09 OVERALL SITE PLAN
CIVIL DRAWINGS
10 C-01 EXISTING CONDITIONS AND PROPOSED FACILITIES AND
GRADING PLAN
11 C-02 PLANT EQUIPMENT RELOCATION PLAN PETERS CREEK
12 C-03 PLANT EQUIPMENT RELOCATION PLAN LUCY BRANCH-I
13 C-04 PLANT EQUIPMENT RELOCATION PLAN LUCY BRANCH-II
14 C-05 PLANT EQUIPMENT RELOCATION PLAN GREENWOOD
15 C-06 PLANT EQUIPMENT RELOCATION PLAN MEADOWBROOK
16 C-07 YARD PIPING PLAN
17 C-08 CIVIL DETAILS-I
18 C-09 CIVIL DETAILS-II
19 C-10 CIVIL DETAILS-III
20 C-11 CIVIL DETAILS-IV
t0 21 C-12 CIVIL DETAILS-V
STRUCTURAL DRAWINGS
22 S-01 GENERAL STRUCTURAL NOTES,ABBREVIATIONS AND
SYMBOLS
23 S-02 HIGH SERVICE PUMP STATION BUILDING FOUNDATION PLAN
24 S-03 HIGH SERVICE PUMP STATION BUILDING ROOF PLAN
25 S-04 HIGH SERVICE PUMP STATION BUILDING SECTIONS
26 S-05 HIGH SERVICE PUMP STATION BUILDING ELEVATIONS
27 S-06 BUILDING SCHEDULES AND DETAILS
28 S-07 RESTROOM PLAN AND ELEVATIONS
29 S-08 CHEMICAL FEED AND STORAGE BUILDING PLANS
30 S-09 CHEMICAL FEED AND STORAGE BUILDING SECTIONS
31 S-10 CHEMICAL FEED AND STORAGE BUILDING ELEVATIONS AND
D
32 5-11 GST's&HYDROTANK FOUNDATION PLAN AND DETAIL
33 S-12 MISCELLANEOUS SLAB PLANS AND DETAILS
34 S-13 TYPICAL STRUCTURAL DETAILS
35 S-14 TYPICAL STRUCTURAL DETAILS
PROCESS MECHANICAL DRAWINGS
36 M-01 WELL PUMP PLAN AND SECTION
37 M-02 HIGH SERVICE PUMP BUILDING PLAN
38 M-03 HIGH SERVICE PUMP BUILDING SECTIONS
39 M-04 GROUND STORAGE TANK 1 PLAN AND SECTIONS
40 M-05 GROUND STORAGE TANK 2 PLAN AND SECTIONS
1 of 2
ATTACHMENT A-2
SHEET NO. DWG NO. DESCRIPTION
41 M-06 GROUND STORAGE TANK 2 PLAN AND SECTIONS
42 M-07 HYDROPNEUMATIC TANK PLAN
43 M-08 HYDROPNEUMATIC TANK SECTIONS AND DETAILS
44 M-09 CHEMICAL BUILDING PLAN AND SECTIONS
45 M-10 SODIUM HYPOCHLORITE PROCESS FLOW DIAGRAM
46 M-11 RECLAIMED WATER SUPPLY
47 M-12 FLOW METER PLAN AND SECTION
48 M-13 MECHANICAL DETAILS-I
49 M-14 Mechanical Details-II
PLUMBING DRAWINGS
50 P-01 PLUMBING SYMBOLS ABBREVIATIONS,NOTES,AND
SCHEDULES
51 P-02 ELECTRICAL BUILDING PLUMBING PLAN
52 P-03 CHEMICAL BUILDING PLUMBING PLAN
HVAC DRAWINGS
53 H-01 HVAC SYMBOLS,ABBREVIATIONS,AND NOTES
54 H-02 ELECTRICAL BUILDING HVAC PLAN
55 H-03 CHEMICAL BUILDING HVAC PLAN
56 H-04 HVAC DETAILS
57 H-05 HVAC SCHEDULES
ELECTRICAL DRAWINGS
58 E-01 ELECTRICAL LEGEND&SCHEDULES
59 E-02 SINGLE LINE DIAGRAM
tO 60 E-03 CONTROL WIRING DIAGRAMS
61 E-04 SECURITY SYSTEM DETAILS
62 E-05 ELECTRICAL SITE PLAN
63 E-06 ELECTRICAL BUILDING POWER PLAN
64 E-07 ELECTRICAL BUILDING LIGHTING PLAN
65 E-08 GROUND STORAGE TANK ELECTRICAL PLAN
66 E-09 WELL 1 ELECTRICAL PLAN
67 E-10 WELL 2 ELECTRICAL PLAN
68 E-11 HYPOCHLORITE FACILITY ELECTRICAL PLAN
69 E-12 CONDUIT AND CABLE SCHEDULE
70 E-13 LIGHTING DETAILS
71 ED-1 CONDUIT AND CABLE SCHEDULE
72 ED-2 LIGHTING DETAILS
73 ED-3 ELECTRICAL DETAILS
74 ED-4 ELECTRICAL DETAILS
75 ED-5 ELECTRICAL DETAILS
INSTRUMENTATION DRAWINGS
76 i-01 INSTRUMENTATION LEGEND&SCHEDULES
77 1-02 INSTRUMENTATION SCHEMATIC DIAGRAM
78 1-03 INSTRUMENTATION CONTROL PANEL DETAILS
79 1-04 INSTRUMENATTION PLC I/O SCHEDULE
80 I-05 INSTRUMENTATION CONTROL WIRING DIAGRAMS
81 ID-Ol INSTRUMENTATION DETAILS
82 ID-02 INSTRUMENTATION DETAILS
2 of 2
Attachment A-3
ID Task Task Name Duration Start Finish 2023 2024
0 Mode Jan Feb Mar I Apr I May I Jun I Jul I Aug I Sep I Oct I Nov I Dec Jan I Feb I Mar I Apr May Jun Jul Aug I Sep Oct I
1 Authority Notice of Award 1 day Tue 3/21/23 Tue 3/21/23
2 MPPrepare Scope and Fee 10 days Wed 3/22/23Tue 4/4/23
3 MP
4 CCUA Review 5 days Wed 4/5/23 Tue 4/11/23
4 Board of Supervisors Approval 0 days Tue 4/18/23 Tue 4/18/23 4/18
5 Value Engineering 12 days Tue 4/18/23 Wed 5/3/23
6 Internal VE 5 days Tue 4/18/23 Mon 4/24/23
7 ErShortlist VE Ideas 1 day Tue 4/25/23 Tue 4/25/23
8 Develop VE Ideas 5 days Wed 4/26/23Tue 5/2/23
94 Workshop with CCUA 1 day Wed 5/3/23 Wed 5/3/23 l
10 IFB Plan Preparation 27 days Thu 5/4/23 Fri 6/9/23
114 FDEP Water Permitting 6 days Thu 5/11/23 Thu 5/18/23 I—I
14 ErAuthority Bidding 38 days Mon 6/12/22 Wed 8/2/23 1-1
20 Board of Supervisors Approval 0 days Tue 8/15/23 Tue 8/15/23 ♦ 8/15
21 ErConformed Documents 5 days Tue 8/15/23 Mon 8/21/23
22 Er
4 Construction 353 days Tue 5/2/23 Thu 9/5/24 I I
23 Er
4 Preconstruction Meeting 1 day Tue 8/22/23 Tue 8/22/23
24 Er
4 Shop Submittal Preparation 32 days Tue 8/15/23 Wed 9/27/23
25 ErShop Drawing Review 22 days Thu 9/28/23 Fri 10/27/23
26 Er
4 Installation of Well Equipment 22 days Mon 10/30/2Tue 11/28/23
27 ErGround Storage Tank 142 days Wed Thu 3/7/24
Construction 8/23/23
31 Er
4 Piping Procurement and 222 days Mon Tue 4/16/24
Installation 6/12/23
37 ErHydrotank and Compressor 144 days Mon 10/30/:Thu 5/16/24
40 ErHypochlorite System 152 days Mon 10/30/:Tue 5/28/24
44 ErHigh Service Pump Station 193 days Thu 5/4/23 Mon 1/29/24
50 ErElectrical/Control Building 307 days Tue 5/2/23 Wed 7/3/24
56 # Well Contract Completion 0 days Wed 8/30/23 Wed 8/30/23 ♦ 8/3,0
57 MP
4 Construction Observation 250 days Fri 9/22/23 Thu 9/5/24
(Part Time)
58 ErApplications for 270 days Wed Tue 9/3/24
Payment/RFIs/Change Orders 8/23/23
59 orFacility Startup and Substantial 22 days Thu 7/4/24 Fri 8/2/24I7mm
Completion
60 orFinal Completion and Project 22 days Mon 8/5/24 Tue 9/3/24
Closeout
Task Project Summary 0 0 Manual Task I I Start-only C Deadline
Project: GP Rebid Schedule Split Inactive Task Duration-only Finish-only 7 Progress
Date:Wed 3/29/23 Milestone ♦ Inactive Milestone O Manual Summary Rollup External Tasks Manual Progress
Summary Inactive Summary 0 Manual Summary External Milestone ♦
Page 1
CONTRACT BETWEEN
CLAY COUNTY UTILITY AUTHORITY
AND
DEWBERRY ENGINEERS, INC.
THIS AGREEMENT for GOVERNOR'S PARK WATER TREAMENT PLANT (WTP)
CONSTRUCTION BID DOCUMENT UPDATE (or this "Agreement") is made and entered
between Clay County Utility Authority("CCUA"), an independent special district established and
created pursuant to Chapter 94-491, Laws of Florida, by Special Act of 1994, 3176 Old Jennings
Road,Middleburg,Florida 32068,and DEWBERRY ENGINEERS,INC.,4651 Salisbury Road,
Suite 400, Jacksonville, Florida 32256, (hereinafter referred to as the "CONTRACTOR").
WITNESSETH:
WHEREAS, in response to a publicly advertised Request for Qualifications No. 2022/2023-A17
Governor's Park WTP Construction Bid Document Update, the Consultant submitted
qualifications to CCUA and was selected by CCUA as a qualified applicant in the best interest of
CCUA; and
WHEREAS, CCUA and the Consultant have negotiated mutually satisfactory terms for the
execution of the Agreement and is incorporated by reference and made part hereof; and
WHEREAS, the Consultant hereby certifies it has been granted and possesses valid, current
licenses to do business in the State of Florida, issued by the respective State Board(s) responsible
for regulating and licensing the professional services to be provided and performed by the
Consultant pursuant to this Agreement; and
WHEREAS, the selection and engagement of the Consultant has been made by CCUA in
accordance with the provisions of the Consultants' Competitive Negotiation Act ("CCNA"),
Section 287.055, Florida Statues, and
NOW,THEREFORE, in consideration of the mutual covenants,terms, and provisions contained
herein, and for other good and valuable consideration, the receipt and legal sufficiency of which
is hereby expressly acknowledged, the parties hereto agree that, with mutual acceptance of this
Agreement as indicated hereinafter by the execution of this Agreement by both parties, a legally
enforceable contract shall exist between both parties consisting of:
SECTION 1. TERM OF CONTRACT.
A. The term of this Agreement shall become effective April 21, 2023 and continue through
October 30, 2024.
SECTION 2. SERVICES BY THE CONSULTANT.
A. ASSIGNMENT OF WORK: Work to be performed by the Consultant shall be on an as
needed basis as determined by CCUA. All work shall be mutually negotiated with the
Page 1 of 21
Consultant and CCUA by Supplemental Agreements at the request of CCUA, When
requested, by CCUA, the Consultant shall prepare a detailed scope of services (hereinafter
referred to as "Scope"), list deliverables, schedules, work hour budget and a not to exceed
fee budget for the associated work needed to complete the "Supplemental Agreement"
(herein so called) for CCUA's review and approval prior to the Consultant beginning any
work. Fees shall be based on the established contract hourly rates, feed and charges and as
set forth in each Supplemental Agreement.
B. COMMENCEMENT OF WORK: The Consultant shall not commence work on the Project
or Supplemental Agreement without prior written Notice to Proceed(hereinafter referred to
as "NTP") by CCUA. Following the issuance of such NTP the Consultant shall be
authorized to commence work promptly and shall carry on all such services and work as
may be required in a timely and diligent manner to completion. The Consultant hereby
releases CCUA from any claim for damages or compensation, whether in contract, tort or
otherwise, in the event that no NTP is issued pursuant to this Agreement.
C. SCHEDULE OF WORK: All services and duties shall be conducted and performed by the
Consultant diligently, completely and in accordance with professional standards of
conducted and performance. The Consultant acknowledges the importance of CCUA's
schedules and agrees to put forth its reasonable professional efforts in performing the
services under this Agreement with due diligence to achieve the mutually agreed upon
schedules. The Consultant agrees to employ, engage, retain and/or assign an adequate
number of personnel throughout the period of this Agreement so that all Supplemental
Agreement(s) and Scope(s) will be provided, performed, and completed in a timely and
diligent manner throughout. Should the Consultant be obstructed or delayed in the
prosecution or completion of its obligations under this Agreement and its Supplemental
Agreement(s) as a result of causes beyond the control of the Consultant, or its
subconsultant(s) and/or subcontractor(s), and not due to its fault or neglect, the Consultant
shall notify CCUA in writing,within five(5)calendar days after the commencement of such
delay, stating the cause(s) thereof and requesting an extension of the Consultant's time
performance. Upon receipt of the Consultant's request for an extension of time, CCUA will
begin determination with the Consultant of the length of extension and legitimacy of cause.
D. ADDITIONAL SERVICES: "Additional services" (herein so called) beyond the work
identified in the Supplemental Agreement Scope shall only be authorized to be performed
or provided by the Consultant when agreed to in writing in advance by both parties. In any
case in which the Consultant deems that additional compensation is due for its services or
materials which is not expressly covered in the Supplemental Agreement, or not specifically
authorized in writing by CCUA, the Consultant shall notify CCUA in writing and must
receive prior written approval therefrom CCUA. If the Consultant fails to provide its written
notice or does not receive CCUA's written approval prior to performing or providing any
Additional Services, the Consultant shall not receive and additional compensation for the
same.
E. QUALITY CONTROL: The Consultant shall perform Quality Control(hereinafter referred
to as "QC") review for all deliverables and supporting work prepared by the Consultant
Page 2 of 21
upon which those documents are based. The Consultant shall provide CCUA with a
summary of each QC reviewed document which identifies the document reviewed and the
QC review steps that were performed. The Consultant shall keep the original or copy of
each QC reviewed document bearing distinguishable markings that identify the QC review
steps that were performed by whom and when for the Duration of this Agreement and in
accordance with the Retention of Documents section of this Agreement. The Consultant
shall provide copies of the QC documents to CCUA upon request.
F. STANDARD OF CARE: The Consultant shall put forth its reasonable professional efforts
to comply with applicable laws, codes, rules, and regulations in effect as of the date of the
execution of this Agreement and the date of deliverables or submissions. In providing
services the Consultant shall perform in a manner which, at a minimum, is consistent with
that degree of care and skill ordinarily exercised by members of the same profession
currently practicing under similar circumstances at the same time and in the same or similar
locality. The Consultant is responsible for the quality, accuracy, completeness, and
coordination of all deliverables and other services the Consultant or it subconsultants,
subcontractors, or vendors provide.
G. ESTIMATES OF PROBABLE CONSTRUCTION COST: In providing estimates of
probable construction cost, CCUA understands that the Consultant has no control over the
cost or availability of labor, equipment, or materials, or over market conditions or a
contractor's pricing, and that the Consultant's estimates of probable construction costs are
made on the basis of the Consultant's professional judgment and experience.The Consultant
makes no warranty, express or implied, that the bids or the negotiated cost of the work will
not vary from the Consultant's estimate of probable construction cost.
H. CERTIFY, CERTIFICATION: A statement of the Consultant's opinion, based on its own
observation of conditions, to the best of the Consultant's professional knowledge,
information, and belief. Such statement of opinion does not constitute a warranty or
guarantee, either express or implied.
I. PERMITS AND APPROVALS: The Consultant shall assist CCUA in preparing,
coordinating, applying, and submitting for those permits,approvals and extensions required
by law and rule for projects similar to the one for which the Consultant's services are being
engaged. This assistance shall consist of completing and submitting forms and other
supportive information necessary to the appropriate regulatory agencies having jurisdiction
over the Consultant's documents and other services normally provided by the Consultant
and shall be included in the Scope of the Supplemental Agreement.
J. LICENSES: The Consultant agrees to obtain and maintain throughout the period this
Agreement is in effect, all such licenses as are required to do business in the State of Florida,
including but not limited to licenses required by the respective State Board(s) and other
governmental agencies responsible for regulating and licensing the professional services
provided and performed by the Consultant pursuant to this Agreement and the Scope and
services provided therein.
Page 3 of 21
K. RESPONSIBILITY TO CORRECT: In accordance with the generally accepted standards
of the Consultant's profession, the Consultant agrees to be responsible for the professional
quality, technical adequacy and accuracy, timely completion, and the coordination of all
data, studies, surveys, designs, specifications, calculations, estimates, plans, drawings,
construction documents, photographs, reports, memoranda, other documents and
instruments, and other services, work and materials performed, provided and/or furnished
by Consultant or by any subconsultant(s)and/or subcontractor(s)retained or engaged by the
Consultant pursuant to this Agreement (hereinafter referred to as "Work Products"). The
Consultant shall, without additional compensation, correct, revise, or have corrected or
revised any errors, omissions and other deficiencies in such Work Products resulting from
consultant or any subconsultant(s),vendor(s)or subcontractor(s)engaged by the Consultant.
SECTION 3. COMPENSATION.
A. OVERHEAD AND PROFIT RATES: Proposed overhead rates shall conform to Federal
Acquisition Regulations as established by a governmental audit or certified to by a
Certified Public Accountant. Fees to the Consultant shall be established based on raw
hourly salary rates plus a not to exceed overhead and profit rate factor of 1.9 for a combined
total hourly multiplier of 2.9 for services. Profit rates shall only be applied to direct labor
plus overhead. No markup or profit shall be paid on non-labor related job costs,
reimbursables, or on services provided by subconsultants, vendors or others. Any work or
professional services subcontracted for by the Consultant for which CCUA has agreed to
reimburse the Consultant shall not be marked-up but shall be payable by CCUA only in
the exact amount reasonably incurred by the Consultant. No other such subcontracted
services shall be reimbursed.
B. COMPLETION: Payment of the entire fee or lump sum amount is contingent upon
Consultant's final completion of the entire Scope as specified in this Agreement. Such final
completion of the Scope must be acceptable to and accepted by CCUA. Such acceptance
by CCUA may not be unreasonably denied. In the event the Consultant does not complete
the entire Scope,then the lump sum amount will be pro-rated using the ratio that the amount
actually completed, and which is acceptable to and accepted by CCUA bears to the entire
Scope. Unless otherwise set forth in this Agreement the Consultant shall be responsible
for providing and performing whatever services, work, equipment, material, personnel,
supplies, facilities, transportation, and administrative support that are necessary and
required to complete all of the Scope and conformance with the provisions of this
Agreement.
C. INVOICE PROCEDURE: Invoices shall be submitted by the Consultant monthly on an
"as incurred"basis and shall be made by CCUA in accordance with the Local Government
Prompt Payment Act (the "Act"). Upon receipt of a proper statement, invoice or draw
request CCUA shall have the number of days provided in the Act in which to make
payment. Invoices shall be in a form and containing such documentation as reasonably
required by CCUA. Each such invoice shall include project name, project number,
breakdown of charges, description of service(s), work provided and/or performed,
supportive documentation, the amount of payment requested, the amount previously paid,
Page 4 of 21
the total contract value, the percent completed since the last invoice, the total percent
completed to date, and any other such information as may be reasonable and necessary to
secure the written approval of the invoice by CCUA. Each invoice shall contain a statement
that it is made subject to the provisions and penalty of Section 837.06, Florida Statutes. If
CCUA objects to any portion of an invoice, CCUA shall so notify the Consultant. CCUA
shall identify specific cause of the disagreement and the amount in dispute and request
revision. Any dispute over invoiced amounts due which cannot be resolved within thirty
(30) calendar days after presentation of invoice by direct negotiation between the parties
shall be resolved in accordance with the Dispute Resolution provision of this Agreement.
D. PROMPT PAYMENT TO SUBCONSULTANTS AND VENDORS: The Consultant as a
condition precedent to progress and final payments to the Consultant, the Consultant shall
provide to CCUA, with its requisition for payment, documentation that sufficiently
demonstrates that the Consultant has made proper payments to its subconsultants and
vendors from all prior payments that Consultant has received from CCUA. The Consultant
shall not unreasonably withhold payments to subconsultants and vendors if such payments
have been made to the Consultant. If the Consultant withholds payment to its
subconsultants and vendors, which payment has been made by CCUA to the Consultant,
the Consultant shall return said payment to CCUA. The Consultant's failure to pay
undisputed amounts to the subconsultants and vendors within thirty (30) business days,
after the Consultant receives payment from CCUA, shall be a breach of this Agreement
and may result in termination of this Agreement in the discretion of CCUA.
E. PAYMENT WHEN SERVICES ARE TERMINATED AT THE CONVENIENCE OF
CCUA: In the event of termination of this Agreement at the convenience of CCUA, and
not due to the fault of the Consultant, CCUA shall compensate the Consultant only for: (1)
all services performed prior to the effective date of termination,including the overhead and
profit allocable to the services performed; (2) reimbursable expenses then due; and (3)
reasonable expenses incurred by the Consultant in affecting the termination of services and
work, and incurred by the Consultant's submittal to CCUA of drawings, plans, data, and
other documents therefor.
F. PAYMENT WHEN SERVICES ARE SUSPENDED: In the event CCUA suspends the
Consultant's services of work on all or part of the services required to be provided and
performed by the Consultant pursuant to this Agreement, CCUA shall compensate the
Consultant only for services performed prior to the effective date of suspension, including
the overhead and profit allocable to the services performed, and reimbursable expenses
then due and any reasonable expenses incurred or associated with, or as a result of such
suspension.
G. NON-ENTITLEMENT TO ANTICIPATED FEES: In the event the services required
pursuant to this Agreement are terminated, eliminated, cancelled, or decreased due to:
termination; suspension in whole or in part; and and/or are modified by the subsequent
issuance of Supplemental Agreement(s) other than receiving the compensation set forth in
Sections 2.E and 2.F above, the Consultant shall not be entitled to receive compensation
for anticipated professional fees, profit, general and administrative overhead expenses or
Page 5 of 21
for any other anticipated income or expense which may be associated with the services
which are terminated, suspended, eliminated, cancelled or decreased.
H. TRAVEL: CCUA shall not be billed or invoiced for time spent traveling to and from the
Consultant's offices or other points of dispatch of its subcontractors, employees, officers,
or agents in connection with the services being rendered, other than as provided for in this
Agreement. If and only if travel and per diem expenses are addressed in the contract or
agreement in a manner which expressly provides for CCUA to reimburse the Consultant
for the same, then CCUA shall reimburse the Consultant only for those travel and per diem
expenses reasonably incurred and only in accordance with the provisions of Section
112.061, Florida Statutes. In the event the Consultant has need to utilize hotel
accommodations or common carrier services, CCUA shall reimburse the Consultant for its
reasonable expense incurred thereby provided prior approval of the Executive Director of
CCUA, or its designee, is obtained.
I. REIMBURSIBLE: CCUA shall not be liable to reimburse the Consultant for any courier
service, telephone, facsimile, copying expenses or postage charges incurred by the
Consultant.
SECTION 4. PERSONNEL
A. QUALIFIED PERSONNEL: The Consultant agrees when the services to be provided and
performed relate to a professional service(s) which, under Florida Statutes, requires a
license, certificate of authorization or other form of legal entitlement to practice such
services,to employ and/or retain only qualified personnel to be in responsible charge of all
Scope to be provided pursuant to this Agreement.
B. CONSULTANT'S PROJECT MANAGER: The Consultant agrees to employ and
designate, in writing, a qualified and, if required by law, a licensed professional to serve as
the "Consultant's Project Manager" (herein so called). The Consultant's Project Manager
shall be authorized and responsible to act on behalf of the Consultant with respect to
directing, coordinating, and administering all aspects of the Scope to be provided and
performed under this Agreement and Supplemental Agreement(s) thereto. The
Consultant's Project Manager shall have full authority to bind and obligate the Consultant
on any matter arising under this Agreement and Supplemental Agreement(s) unless
substitute arrangements have been furnished in advance to CCUA by the Consultant in
writing. The Consultant agrees that the Consultant's Project Manager shall devote
whatever time is required to satisfactorily direct, supervise and manage the Scope and
services provided and performed by the Consultant throughout the entire period this
Agreement is in effect.
SECTION 5. RETENTION OF DOCUMENTS.
1. The Consultant agrees to maintain all documents, including electronic documents, related
to the Project for a period of not less than five(5)years, in a reasonably accessible manner
consistent with the Consultant's internal document retention policy.
Page 6 of 21
A. REASONABLY ACCESSIBLE: In order to be considered reasonably accessible, such
documents must not be deleted or totally destroyed such that they cannot be reproduced
or only be restored at a significant cost.
B. DOCUMENT RETENTION POLICY: A written policy by which each employee,
subcontractor, and subconsultant and its subcontractors or subconsultants of any tier,
follows the same protocol to retain all required documents related to a project in a
consistent, organized manner sufficient to allow efficient retrieval of same.
SECTION 6. PUBLIC FUNDS
CCUA's performance of this Agreement shall be contingent upon and subject to the existence of
lawfully appropriated public funds for each fiscal year (i.e., October 1 through and including the
next following September 30) of CCUA.
SECTION 7. EXTENT OF AGREEMENT
This Agreement,together with the Request for Qualifications ("RFQ"),Addendums, Consultant's
response submittal to the RFQ, all attachments and forms, represents the final and completely
integrated Agreement between the parties regarding its subject matter and supersedes all prior
negotiations, representations, or agreements, either written or oral. Any pre-printed provisions of
the Consultant's written materials, contract forms, or documents to the contrary notwithstanding,
no transportation surcharges shall apply, and no policies of the Consultant available on the
Consultant's website or retained in the Consultant's office are incorporated by reference nor shall
be deemed to be part of this Agreement,unless the same is attached this Agreement,and separately
signed by the duly authorized signor for CCUA.
SECTION 8. PROHIBITION AGAINST CONTINGENT FEES
The Consultant shall not have employed or retained any company or person, other than an
employee working solely for the Consultant,to solicit or secure this Agreement, and that it has not
paid or agreed to pay any person,company,corporation,individual or firm,other than an employee
working for the Consultant, any fee, commission percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this agreement. For the breach or
violation of these provisions, CCUA shall have the right to terminate this Agreement without
liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full
amount of such a fee, commission,percentage, gift, or consideration.
SECTION 9. STATUS
Any pre-printed provisions of the Consultant's written materials, contract forms, or documents to
the contrary notwithstanding, the CCUA's entry into the contract or agreement with consultant
does not give Consultant any preferential status, "most favored nations" status, nor right of first
refusal to any renewal or for any other contract or agreement to provide other goods and/or services
to the CCUA.
Page 7 of 21
SECTION 10. OWNERSHIP OF INSTRUMENTS OF SERVICE
CCUA shall retain ownership of all Work Products including electronic files, field data, pictures,
notes and other documents and instruments prepared by the Consultant as instruments of service.
The Consultant shall not be liable for any re-use of such documents for other than the specific
purpose intended without the Consultant's written verification or adaptation thereof
SECTION 11. INSURANCE
GENERAL LIABILITY INSURANCE
The limits of this insurance shall not be less than the following limits:
Each Occurrence Limit $1,000,000
Personal & Advertising Injury Limit $1,000,000
Medical Expense Limit(any one person) $ 10,000
General Aggregate $1,000,000
Products & Completed Operations Aggregate Limit $1,000,000
General liability coverage shall apply to "bodily injury" and to "property damage" occurring on,
about, or in transit to CCUA's premises for the covered operations or professional services to be
performed for CCUA by or on behalf of the additional insureds.
WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE
The Contractor shall purchase and maintain at the Contractor's sole expense Workers'
Compensation and Employer's Liability insurance coverage for the life of this Agreement.
The Limits of this insurance shall not be less than the following limits:
Part One—Workers' Compensation Insurance—Unlimited
Statutory Benefits as provided in the Florida Statutes
Part Two—Employer's Liability Insurance
Bodily Injury By Accident $1,00,000 Each
Bodily Injury By Disease $1,00,000 Policy
Bodily Injury By Disease $1,00,000 Each
*If leased employees are used, policy must include an Alternate Employer's Endorsement.
EXCESS LIABILITY INSURANCE
The Contractor shall purchase and maintain at the Contractor's sole expense Excess Liability
(Umbrella Form)insurance coverage for the life of this Contract. The Limits of this insurance shall
not be less than the following limits:
Each Occurrence Limit $1,000,000
Aggregate Limit $1,000,000
PROFESSIONAL LIABILITY (ERRORS & OMISSIONS)
This additional coverage will be required for all projects involving consultants and similar
exposures. The Contractor shall purchase and maintain at the Contractor's sole expense
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Professional Liability insurance coverage for the life of this Agreement. The minimum amount of
such insurance shall be as follows:
Per Claim/Annual Aggregate $1,000,000
Professional Liability coverage will be provided on an Occurrence Form or a Claims Made Form
with a retroactive date to at least the first date of this Agreement. If provided on a Claims Made
Form,the coverages must respond to all claims reported within three(3)years following the period
for which coverage is required and which would have been covered had the coverage been on an
occurrence basis.
CYBER AND DATA SECURITY LIABILITY
This additional coverage will be required of Contractor for information technology services,
software providers, programmers, and similar exposures. The Contractor shall purchase and
maintain at the Contractor's sole expense Cyber and Data Security Liability insurance coverage
for the life of this Contract. The minimum amount of such insurance shall be as follows:
Technology Errors and Omissions Liability coverage $1,000,000/per claim
Media $1,000,000/per claim
Network and Data(Information) Security $1,000,000/per claim
Policy coverage must include Third Party Liability coverage.
CRIME/FIDELITY COVERAGE
This additional coverage will be required for all service providers involving information
technology services,Pension consulting and administration,and similar exposures. The Contractor
shall purchase and maintain at the Contractor's sole expense Crime/Fidelity and/or Fiduciary
Liability insurance coverage for the life of this Contract. The minimum amount of such insurance
shall be as follows:
Third Party Employee Dishonesty $1,000,000
Contractor shall require each of its subcontractors/vendors to likewise purchase and maintain at
their expense Commercial General Liability insurance, Workers' Compensation and Employer's
Liability coverage, Automobile Liability insurance and Excess Liability insurance coverage
meeting the same limit and requirements as the Contractor/Vendors insurance. Certificates of
Insurance acceptable to CCUA for the Contractor / subcontractor / vendor's insurance must be
received within five (5) days of Notification of Selection and at time of signing Agreement.
Certificates of Insurance and the insurance policies required for this Agreement shall contain an
endorsement that coverage afforded under the policies will not be cancelled or allowed to expire
until at least thirty(30) days prior written notice has been given to CCUA.
Certificates of Insurance and the insurance policies required for this Agreement will include a
provision that policies, except Workers' Compensation, are primary and noncontributory to any
insurance maintained by the Contractor/subcontractor/vendor.
Page 9 of 21
CCUA must be named as an Additional Insured and endorsed onto the Commercial General
Liability (CGL), Auto Liability and Excess Liability policy(ies). A copy of the endorsement(s)
must be supplied to CCUA within ten(10)days following the execution of the Agreement or prior
to the first date of professional services being provided,whichever comes first.
The Contractor waives, and the Contractor shall ensure that the Contractor's insurance carrier
waives, all subrogation rights against CCUA and CCUA's officers, employees, and volunteers for
all losses or damages. CCUA requires the policy to be endorsed with WC 00 03 13 Waiver of our
Right to Recover from Others or equivalent.
CCUA shall retain the right to review, at any time, coverage from, and amount of insurance. The
procuring of required policies of insurance shall not be construed to limit the Contractor's liability
or to fulfill the indemnification provisions and requirements of this Agreement. The Contractor
shall be solely responsible for payment of all premiums for insurance contributing to the
satisfaction of this Agreement and shall be solely responsible for the payment of all deductibles
and retentions to which such policies are subject, whether or not CCUA is an insured under such
policy(ies).
A. The CONTRACTOR shall name CCUA as a certificate holder and as additional
insured,to the extent of the services to be provided hereunder,on all required insurance
policies, and provide CCUA with proof of same.
B. The CONTRACTOR, and any authorized subcontractor(s), shall provide CCUA's
Procurement Department with Certificate(s) of Insurance evidencing such coverage for
the duration of this Agreement. Said Certificate(s)of Insurance shall be dated and show:
1. The name of the insured CONTRACTOR;
2. The Agreement by name and CCUA Contract or RFQ number;
3. The name of the insurer;
4. The number of the policy;
5. The effective date;
6. The termination date; and
7. A statement that the insurer will mail notice to CCUA at least thirty(30) days prior
to any material changes in the provisions or cancellation of the policy.
C. Receipt of certificates or other documentation of insurance or policies or copies of
policies by CCUA, or by any of its representatives, which indicates less coverage than
is required, does not constitute a waiver of the CONTRACTOR's obligation to fulfill
the insurance requirements specified herein.
D. The CONTRACTOR shall ensure that any subcontractor(s),hired to perform any of the
duties contained in the Scope of Services of this Agreement,maintain the same insurance
requirements set forth herein. In addition, the CONTRACTOR shall maintain proof of
same on file and made readily available upon request by CCUA.
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SECTION 12. NON-RENEW
Any pre-printed provisions of the Consultant's written materials, contract forms or documents to
the contrary notwithstanding, the same shall not automatically renew but shall be renewed only
upon subsequent written agreement of the parties.
SECTION 13. TERMINATION AND SUSPENSION
CCUA or the Consultant may terminate this Agreement at any time, with or without cause, by
giving ten (10) days' notice to the other in writing. In the event of termination, all finished or
unfinished Work Products prepared by the Consultant pursuant to this Agreement, shall be
provided to CCUA. In the event CCUA terminates this Agreement prior to completion without
cause, Consultant may complete such analyses and records as may be necessary to place its files
in order. This Agreement shall be terminated, with twenty-four(24)hour notice to the Consultant
in the event that funds become unavailable to CCUA for any reason whatsoever. This Agreement,
or any portion hereof, may be suspended from time to time for various periods of time or during
any of the Consultant's performance of the Supplemental Agreements proposed hereunder,
permanently, or temporarily, by action of CCUA.
SECTION 14. INDEPENDENT CONTRACTOR
Consultant is and shall be at all times during the term of this Agreement an independent contractor
and not an employee of CCUA. Consultant agrees that it is solely responsible for the payment of
taxes applicable to the services performed under this Agreement and agrees to comply with all
local, state, and federal laws regarding the reporting of taxes, maintenance of insurance and
records, and all other requirements and obligations imposed on the Consultant as a result of its
status as an independent contractor. Consultant is responsible for providing the office space and
administrative support necessary for the performance of services under this Agreement. CCUA
shall not be responsible for withholding or otherwise deducting federal income tax or social
security or for contributing to the state industrial insurance of unemployment compensation
programs or otherwise assuming the duties of an employer with respect to the Consultant or any
employee of consultant.
SECTION 15. CONFLICT OF INTEREST
The Consultant represents that to the best of its knowledge and belief it presently has no interest
and shall acquire no interest, either direct or indirect,which would conflict in any manner with the
performance of services required hereunder. The Consultant further agrees that no person having
any such interest shall be employed or engaged by the Consultant for said performance. If
Consultant,for itself and on behalf of its subconsultants,is about to engage in representing another
client, which it in good faith believes could result in a conflict of interest with the work being
performed by the Consultant or such subconsultant under this Agreement, then it will promptly
bring such conflict of interest to CCUA's attention, in writing. CCUA will advise the Consultant,
in writing, within ten (10) business days if such a conflict of interest exists. If CCUA determines
that there is a conflict of interest,Consultant or such subconsultant shall decline the representation
upon written notice by CCUA. If CCUA determines that there is no such conflict of interest, then
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CCUA shall give its written consent to such representation. If Consultant or subconsultant accepts
such a representation, without obtaining the CCUA's prior written consent, and if CCUA
subsequently determines that there is a conflict of interest between such representation and the
work being performed by consultant or such subconsultant under this Agreement, then the
Consultant or such subconsultant agrees to promptly terminate such representation. Consultant
shall require each of such subconsultants to comply with the provisions of this Section. Should the
Consultant fail to advise or notify CCUA as provided herein above of representation which could,
or does, result in a conflict of interest, or should the Consultant fail to discontinue such
representation, CCUA may consider such failure as justifiable cause to terminate this Agreement.
SECTION 16. CCUA'S APPROVAL
Neither review, approval, or acceptance by CCUA of services or Work Products furnished by the
Consultant, or any subconsultant(s), vendor(s) or subcontractor(s) engaged by the Consultant,
shall not in any way relieve Consultant of responsibility for the adequacy, completeness and
accuracy of its services or Work Products or any and all of its subconsultant(s), vendor(s) and/or
subcontractor(s) engaged by the Consultant to provide and perform services in connection with
this Agreement. Neither the CCUA's review, approval, or acceptance of, nor payment for, any of
the Consultant's services or Work Products shall be construed to operate as a waiver of any of
CCUA's rights under this Agreement, or any cause of action it may have arising out of the
performance of this Agreement.
SECTION 17. CONFIDENTIALITY AND PUBLIC RECORDS COMPLIANCE
The Consultant agrees, during the term of this Agreement, to comply with Chapter 119.071(3),
Florida Statutes, and not to divulge, furnish or make available to any third person, firm or
organization,without CCUA'S prior written consent, or unless incident to the proper performance
of the Consultant's obligations hereunder, or in the course of judicial or legislative proceedings
where such information has been properly subpoenaed, any non-public information concerning the
services to be rendered by the Consultant or any subconsultant(s) or subcontractor(s), pursuant to
this Agreement. Subject to the foregoing provisions and law applicable to confidential
information, the Consultant will keep and maintain public records required by CCUA, which is a
public agency, in order for the Consultant to perform the services and the work required by the
Scope, and upon request from CCUA's custodian of public records, Contractor shall provide
CCUA with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in Chapter 119.07, Florida
Statutes, or as otherwise provided by law. The Consultant shall require all of its employees,
subconsultant(s) and subcontractor(s)to comply with provisions of this paragraph.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT:
Public Records
3176 Old Jennings Road
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Middleburg, Florida 32068
(904) 272-5999
Recordsreq uest(a,clayutility.org
SECTION 18. PROPERTY DAMAGE
The Consultant agrees to promptly repair and/or replace,or cause to have repaired and/or replaced,
at its sole cost and expense and in a manner acceptable to and approved by CCUA, any property
damage arising out of, or caused by, the willful or intentional misconduct or negligent acts of the
Consultant, or its subconsultants and/or subcontractors. The Consultant's obligation under this
subsection does not apply to property damage caused in whole or in part by any other consultant
or contractor engaged directly by CCUA. CCUA reserves the right, should the Consultant fail to
make such repairs and/or replacement within a reasonable period of time, to cause such repairs
and/or replacement to be made by others and for all costs and expenses associated with having
such repairs and/or replacement done to be paid for by the Consultant's compensation fund or by
the Consultant reimbursing CCUA directly for all such costs and expenses.
SECTION 19. NONDISCRIMINATION AND EQUAL OPORTUNITY
The Consultant shall comply with all state and federal laws, as currently written or hereafter
amended, or other applicable laws prohibiting discrimination, unless based upon a bona fide
occupational qualification as provided in or as otherwise permitted by other applicable laws.
Consultant's or its subconsultants, subcontractors and/or vendors shall be certified as minority
business enterprise as defined in Section 288.703, Florida Statutes, to count towards participation
goals or requirements. The failure of the Consultant to adhere to relevant stated requirements shall
subject the Consultant to any sanctions which may be imposed upon CCUA.
SECTION 20. INDEMNIFICATION
The Consultant shall indemnify and hold harmless CCUA, and the CCUA's officers and
employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable
attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the Consultant and other persons employed or utilized by the Consultant in the
performance of this Agreement. All indemnification provisions contained this Agreement are
separate and apart from, and are in no way limited by, any insurance provided pursuant to this
Agreement or otherwise. All indemnification provisions of this Agreement, relating to
Indemnification shall survive the term of this Agreement, and any holdover and/or Agreement
extensions thereto, whether such term expires naturally by the passage of time or is earlier
terminated earlier pursuant to the provisions of this Agreement. With respect to any
indemnification by CCUA provided under the contract or agreement, any such indemnification
shall be subject to and within the limitations set forth in Section 768.28, Florida Statutes, and to
any other limitations, restrictions and prohibitions that may be provided by law, and shall not be
deemed to operate as a waiver of CCUA's sovereign immunity.
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SECTION 21. GOVERNING LAW
CCUA and the Consultant agree that this Agreement and any legal actions concerning its validity,
interpretation and performance shall be governed by the laws of Clay County, Florida without
regard to any conflict of law's provisions, which may apply the laws of other jurisdictions. It is
further agreed that any legal action between CCUA and the Consultant arising out of this
Agreement, or the performance of the services shall be brought in a court of competent jurisdiction
in Clay County, Florida.
SECTION 22. DISPUTE RESOLUTION
In an effort to resolve any conflicts that arise during or relate to the Consultant's performance of
the Agreement, CCUA and the Consultant agree that all disputes between them arising out of or
relating to this Agreement shall be submitted to nonbinding mediation. The Consultant further
agrees to include a similar mediation provision in all agreements with independent subcontractors
and subconsultants retained by the Consultant for this Agreement or any Supplemental
Agreement(s), and to require all independent subcontractors and subconsultants also to include a
similar mediation provision in all agreements with its subcontractors, subconsultants, suppliers,
vendors and fabricators, thereby providing for mediation as the primary method for dispute
resolution among the parties to all those agreements. CCUA shall not be bound by any provision
requiring binding arbitration or binding mediation of disputes. If a dispute arises either party shall
follow the following provisions: provide written explanation of the dispute a minimum 30 days'
notice to the other party prior to mediation, the mediator shall be a member of the National
Academy of Distinguished Neutrals ("NAD1V"), if an impasse is reached there shall be a sixty(60)
day cooling off period required, a minimum 30 days written notice shall be provided to the other
party prior to filing suit in any court after the cooling off period.
SECTION 23. THIRD PARTY BENEFICIARIES
Nothing contained in this Agreement shall create a contractual relationship with or a cause of
action in favor of a third party against either CCUA or the Consultant. The Consultant's services
under this Agreement are being performed solely for CCUA's benefit, and no other party or entity
shall have any claim against the Consultant because of this Agreement or the performance or
nonperformance of services hereunder. CCUA and Consultant agree to require a similar provision
in all contracts with contractors, subcontractors, subconsultants, vendors and other entities
involved in this Agreement or Supplemental Agreement(s)to carry out the intent of this provision.
SECTION 24. TRUTH IN NEGOTIATION CERTIFICATION
The Consultant understands and agrees that execution of this Agreement by the Consultant shall
be deemed to be simultaneous execution of a truth-in-negotiation certificate under this provision
to the same extent as if such certificate had been executed apart from this Agreement, such
certificate being required by Section 287.055, Florida Statutes. Pursuant to such certificate, the
Consultant hereby states that the wage rates and other factual unit costs supporting the
compensation hereunder are accurate, complete, and current at the time of contracting. Further the
Consultant agrees that the compensation hereunder shall be adjusted to exclude any significant
Page 14 of 21
sums where CCUA determines the Compensation was increased due to inaccurate, incomplete, or
noncurrent wage rates and other factual unit costs,provided that any and all such adjustments shall
be made within one (1) year following the completion date of this Agreement or Supplemental
Agreement(s).
SECTION 25. AMENDMENTS
This Agreement may be amended only by written instrument specifically referring to this
Agreement and executed with the same formalities as this Agreement.
SECTION 26. ASSIGNMENT
Neither party to this Agreement shall transfer, sublet or assign any rights or duties under or interest
in this Agreement, including but not limited to monies that are due or monies that may be due,
without the prior written consent of the other party. Subcontracting to subconsultants, normally
contemplated by the Consultant as a generally accepted business practice, shall not be considered
an assignment for purposes of this Agreement.
SECTION 27. ATTORNEY'S FEES
In any action involving the enforcement or interpretation of this Agreement, each party, whether
CCUA or the Consultant, shall be responsible for its own respective attorneys' fees and costs.
SECTION 28. WAIVER
The failure of either party to exercise any of its rights is not a waiver of those rights. A party
waives only those rights specified in writing and signed by the party waiving its rights. Oral
modification or rescission of this Agreement by an employee or agent of either party, shall not
release either party of its obligations under this Agreement, shall not be deemed a waiver of any
rights of either party to insist upon strict performance hereof,or of either party's rights or remedies
under this Agreement or by law, and shall not operate as a waiver of any of the provisions hereof.
SECTION 29. SURVIVAL OF REMEDIES
The parties' remedies shall survive the termination of this Agreement.
SECTION 30. PROVISIONS SEVERABLE
In the event any of the provisions of this agreement should be found to be unenforceable, it shall
be stricken and the remaining provisions shall be enforceable.
SECTION 31. FINANCIAL CONSEQUENCES
Should the Consultant fail to comply with any term of this Agreement, CCUA shall take one or
more of the following actions, as appropriate in the circumstances:
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• Temporarily withhold payments pending correction of the deficiency,
• Disallow all or part of the cost of the activity or action not in compliance,
• Wholly or partially suspend or terminate this Agreement,
• Withhold further awards to the Consultant, and/or
• Take further remedies that may be legally or equitably available.
SECTION 32. DOCUMENTS CONSTITUTING ENTIRE AGREEMENT
The following documents are hereby incorporated and made part of this Agreement:
1. Exhibit A— Scope of Services
2. Exhibit B —Original Statement of Qualification(SOQ) submitted by Contractor
3. Exhibit C—Fee Schedule
In the event of a conflict between the covenants, terms, and/or provisions of this Agreement and
Exhibit"A,"the provisions of the Agreement shall take precedence.
SECTION 33. NOTICE
The parties hereto agree and understand that written notice, mailed or delivered to the last known
mailing address, shall constitute sufficient notice to CCUA and the CONTRACTOR. All notices
required and/or made pursuant to this Agreement to be given to CCUA and the CONTRACTOR
shall be in writing and given by way of the United States Postal Service, first class mail, postage
prepaid, addressed to the following addresses of record:
CCUA: Clay County Utility CCUA
Attention : Angelia Wilson
Procurement Manager
3176 Old Jennings Road
Middleburg, Florida 32068
CONTRACTOR: Dewberry Engineers, Inc.
Mike Pekkala, PE
4651 Salisbury Road, Suite 400
Jacksonville, Florida 32256
SECTION 34. CLIENT SERVICE MANAGERS
CCUA and the CONTRACTOR have identified individuals as "Client Service Managers" (herein
so called), listed below, who shall have the responsibility for managing the Scope of Services to
be performed under this Agreement. The person or individual identified by the CONTRACTOR
to serve as the Client Service Manager for this Agreement, or any replacement thereof, is subject
to prior written approval and acceptance by CCUA. If CCUA or CONTRACTOR replace their
own current Client Service Manager with another individual, an amendment to this Agreement
shall not be required. CCUA will notify the CONTRACTOR, in writing, if the current CCUA
Client Service Manager is replaced by another individual.
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A. CCUA Client Service Manager's contact information is as follows:
Paul Steinbrecher, PE
Chief Engineer
Clay County Utility CCUA
3176 Old Jennings Road
Middleburg, Florida 32068
Phone: 904-213-2408
Email: psteinbrecher@clayutility.org
B. The CONTRACTOR Client Service Manager's contact information is as follows:
Mike Pekkala, PE
Dewberry Engineers, Inc.
4651 Salisbury Road, Suite 400
Jacksonville, Florida 32256
Phone: 863-345-1481
SECTION 35. COUNTERPARTS, ELECTRONIC TRANSACTION, AND
ELECTRONIC SIGNATURES
This Agreement may be electronically executed by the parties in counterparts up to but not
exceeding the number of parties, each of which shall be deemed an original and all of which,taken
together, shall constitute one agreement. Each party may deliver its executed signature page by
email transmission to the other parties at the email addresses set forth herein. Delivery shall be
effective and complete upon completion of such email transmission. The parties agree that
electronic signatures may be use in the execution of this Agreement in accordance with Parts I and
II of Chapter 668, Florida Statutes.
SECTION 36. SIGNATORY.
Each signatory below represents and warrants that he or she has the full power and is duly
authorized, by their respective party, to enter into and perform under this Agreement. Such
signatory further represents that he or she has fully reviewed and understands the terms and
conditions set forth in this Agreement,including exhibits,and fully intends to abide by and comply
with all of the terms and conditions set forth herein.
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IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have
executed this Agreement effective the day of , 2023.
DEWBERRY ENGINEERS,INC. CLAY COUNTY UTILITY AUTHORITY
By: By:
Print Name: Print Name: Jeremy Johnston, MBA, PE
Title: Title: Executive Director
Attest: Attest:
Print Name: Print Name: Angelia Wilson
Title: Title: Procurement Manager
Address: Address: 3176 Old Jennings Road
Middleburg, Florida 32068
STATE OF
COUNTY OF
The foregoing instrument was executed before me this day of , 2023 by
as of DEWBERRY
ENGINEERS INC. who personally swore or affirmed that he/she is authorized to execute this
Agreement and thereby bind the Corporation,and who is personally known to me OR has produced
as identification.
Signature:
Print Name:
NOTARY PUBLIC, State of
My Commission Expires:
(Stamp)
FOR CCUA:
Signature:
Print Name:
Page 18 of 21
I
NOTARY PUBLIC,State of
My Commission Expires:
(Stamp)
(Stamp)
to
Page 19 of 21
EXHIBIT A - SCOPE OF SERVICES
1. Review the plans and specifications provided in the Governor's Park Water Treatment Plant
bid-set, evaluate potential design modifications, and propose efficient and cost-effective
alternatives to the existing design including,but not limited to the following:
• Eliminating the use of existing offsite steel horizontal ground storage tanks for water
storage and an existing offsite tower aerator.Provide instead a 0.5 MG prestressed concrete
ground storage tank with dome aerator.
• Materials of construction change for the electrical/instrumentation building: e.g., the
replacement of a masonry wall with truss roof with a pre-cast concrete modular building
with flat roof or other options to lessen the need for multiple trades.
• Replacement of a temporary leased sodium hypochlorite storage tank and metering pump
skid in an existing metal building with permanent facilities.
• Instrumentation and Control details of the project to ensure sufficient specification and
minimize costs of bidder uncertainty.
• Adequacy of the pre-purchased material referenced in section 5 below and provide
recommendations.
• Any other value engineering options as may be identified by the Contractor in conjunction
with the Authority to provide a functional, cost-effective project.
2. The WTP is to provide water service for development that is occurring in the area. Anticipated
flows that are to be served by the project are documented in the Preliminary Design Report
Table 3-1. The Contractor should review the storage requirements for the plant are documented
in the Preliminary Design Report Table 3-4.
3. The Contractor shall assume the duties of a successor engineer in accordance with the Florida
Administrative Code. The proposed services required include:
• Evaluate the project and value engineering suggestions acceptable to the Authority.Modify
the project documents as required and prepare modified bid documents as engineer of
record.
• Time is of the essence. The Contractor provided a timeline which includes milestones
resulting in substantial completion of the water plant by October 30, 2024.
• If necessary,prepare an application for and obtain a modification to the existing FDEP and
other permits to reflect any and all project modifications resulting from the evaluation.
• Assist the Authority in bidding the project to qualified general contractors.
• Provide services during construction to include preparation of conformed documents,pre-
construction and periodic construction meetings, Factory Acceptance Testing for
instrumentation, construction site visits by the engineer of record, limited on-site
inspection, review of applications of payment, response to requests for
information/clarification,change orders, substantial and final inspection,and project close-
out, including record drawings.
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• The Authority has pre-purchased well pumping equipment, high service pumps, piping,
valves and piping accessories,and electrical motor control equipment,VFDs and automatic
transfer switch. Shop drawings are in development now. The Contractor shall review and
approve these shop drawings for the pre-purchased materials.
4. The services will not include:
• Preliminary site civil as the contract has been awarded and is anticipated to be complete by
August 1, 2023.
• Design nor construction services for supply wells as those are currently under construction.
Contractor will work under the direction of the Authority's designated representative. The
Authority shall assign each authorized project a point of contact under the direction of the
Authority for the duration of each project.
Time is of the essence on this project. CCUA is targeting eighteen(18)months or less from Notice
to Proceed (NTP) until plant start-up. The Contractor will detail their approach for meeting this
timeframe.
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