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HomeMy WebLinkAbout08.b.02.b FI WWTP Expansion EXECUTIVE SUMMARY AGENDA ITEM: Proposed change to Fleming Island Wastewater Treatment Facility (WWTF) Expansion (2018/2019 RFQ No. 4) contract with CDM Smith, Inc. CCUA Job File No. 2203-132 CCUA Financial Contract No. 20004SP Date: April 11, 2024 BACKGROUND: CDM Smith was selected to perform engineering services for the Fleming Island Wastewater Treatment Facility (WWTF) Expansion under CCUA 2018/2019 RFQ No. 4. This project successfully installed Biological Treatment Unit(BTU)No. 3.As a part of the project,CDM Smith was tasked with inspection structural engineering services for existing BTU No. 1. Due to delays in the availability of BTU No. 1, the original end date of January 31, 2023, was exceeded. BTU No. 1 has recently become available; therefore, CDM Smith can continue their work once the end date has been changed. This change to the contract would extend the end date until March 31, 2025. BUDGET: The construction budget will not change. RECOMMENDATION: Staff respectfully recommends the Board of Supervisors approve the new end date of March 31, 2025, for the contract with CDM Smith. ATTACHMENTS: Agreement with CDM Smith, Inc. ty cou,y Clay County Utility Authority Working together to protect • C. T. public health,conserve our 3176 Old Jennings Road Middleburg,Florida 32068-3907 natural resources and create long-term value for • Telephone(904)213-2471 Gj our ratepayers. ` Facsimile(904)213-2495 "ItYAVIVO This"Agreement'(herein so called)entered into on this day of \\/0 vein her f a l 1 { , by and between the Clay County Utility Authority,an independent special district and political subdivision of the State of Florida,existing and created under Chapter 94-491,Laws of Florida,Special Acts of 1994(hereinafter referred to as"Authority")and, CDM Smith Inc. (hereinafter referred to as"Consultant")authorized to do business in the State of Florida;whose address is 75 State Street, Suite 701, Boston, MA 02109 for Fleming Island Wastewater Treatment Facility(WWTF) Expansion (2018/2019 RFQ No.4) (hereinafter referred to as the"Project"). This Agreement shall remain in effect until January 31, 2023 _ unless terminated as provided herein or extended by mutual agreement in writing(herein referred to as Duration). RECITALS: WHEREAS, in response to a publicly advertised Request for Qualifications, the Consultant submitted qualifications to the Authority and was selected by the Authority as a qualified applicant in the best interest of the Authority; and WHEREAS, the Authority 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 andperformed bythe Consultantpursuant to this Agreement; and 9 WHEREAS,the selection and engagement of the Consultant has been made by the Authority in accordance with the provisions of the Consultants'Competitive Negotiation Act("CCNA"),Section 287.055, Florida Statutes, 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 the 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: 1. SERVICES BY THE CONSULTANT: A. ASSIGNMENT OF WORK: Work to be performed by the Consultant shall be determined by the Authority. The Consultant and the Authority shall mutually negotiate all work. A detailed scope of services(hereinafter referred to as"Scope")and the Consultant's prepared list of deliverables, schedule, work hour budget and a not to exceed fee budget for the associated work needed to complete the Project for the Authority's review and approval prior to the Consultant beginning any work. Fees shall be based on the established contract hourly rates,fees and charges(hereinafter referred to as "Rate Schedule'). The mutually agreed to Scope,schedule, fee and Rate Schedule shall be included as attachments to this Agreement. B. COMMENCMENT OF WORK: The Consultant shall not commence work on the Project or Supplemental Agreement(s) without prior written Notice to Proceed (hereinafter referred to as"NTP") by the Authority. 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 the Authority 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 conduct and performance. The Consultant acknowledges the importance of the Authority'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 Page 1 of 9 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 the Authority 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 for performance.Upon receipt of the Consultant's request for an extension of time,the Authority 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 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 the form of a Supplemental Agreement. 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 Scope, or not specifically authorized in writing by the Authority,the Consultant shall notify the Authority in writing and must receive prior written approval thereof from the Authority. If the Consultant does not provide its written notice or does not receive the Authority's written approval prior to performing or providing any Additional Services, the Consultant shall not receive any additional compensation for the same. When requested,by the Authority, the Consultant shall prepare a detailed Scope, list of deliverables, schedule, work hour budget and a not to exceed fee budget for the associated work needed to complete the Supplemental Agreement for the Authority's review and approval prior to beginning any work. Fees shall be based on the established contract Rate Schedule. 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 upon which those documents are based. The Consultant shall provide the Authority 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 the Authority 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 its subconsultants, subcontractors, or vendors provide. G. ESTIMATES OF PROBABLE CONSTRUCTION COST: In providing estimates of probable construction cost, the Authority 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 the Authority 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 and Supplemental Agreement(s). 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. 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 Page 2 of 9 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. 2. 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 the Authority has agreed to reimburse the Consultant shall not be marked-up, but shall be payable by the Authority 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 the Authority.Such acceptance by the Authority 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 the Authority 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 the Authority in accordance with the Local Government Prompt Payment Act (the "Act'). Upon receipt of a proper statement,invoice or draw request the Authority 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 the Authority. 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, 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 the Authority. Each invoice shall contain a statement that it is made subject to the provisions and penalty of Section 837.06, Florida Statutes. If the Authority objects to any portion of an invoice, the Authority shall so notify the Consultant. The Authority 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: As a condition precedent to progress and final payments to the Consultant, the Consultant shall provide to the Authority, 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 the Authority. 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 the Authority to the Consultant, the Consultant shall return said payment to the Authority.The Consultant's failure to pay undisputed amounts to the subconsultants and vendors within thirty(30)business days after the Consultant receives payment from the Authority shall be a breach of this Agreement, and may result in termination of this Agreement in the discretion of the Authority. E. PAYMENT WHEN SERVICES ARE TERMINATED AT THE CONVENIENCE OF AUTHORITY: In the event of termination of this Agreement at the convenience of the Authority, and not due to the fault of the Consultant, the Authority 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 the Authority of drawings, plans,data, and other documents therefor. F. PAYMENT WHEN SERVICES ARE SUSPENDED: In the event the Authority 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, the Page 3 of 9 Authority 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, canceled,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 for any other anticipated income or expense which may be associated with the services which are terminated, suspended, eliminated,cancelled or decreased. H. TRAVEL: The Authority 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 the Authority to reimburse the Consultant for the same, then the Authority 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, the Authority shall reimburse the Consultant for its reasonable expense incurred thereby provided prior approval of the Executive Director of the Authority,or its designee, is obtained. I. REIMBURSIBLE:The Authority shall not be liable to reimburse the Consultant for any courier service,telephone,facsimile, copying expenses or postage charges incurred by the Consultant. 3. 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, Scope, 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, Scope, and Supplemental Agreement(s) unless substitute arrangements have been furnished in advance to the Authority 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. 4. RETENTION OF DOCUMENTS: 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. 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, or subconsultant of any tier shall follow the same protocols to retain and store all required documents related to a project in a consistent, organized manner sufficient to allow the efficient retrieval of the required documents. 5. PUBLIC FUNDS: The Authority'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 the Authority. 6. EXTENT OF AGREEMENT: This Agreement, together with the Request for Qualifications ("RFQ"), Addendums, Consultant's t� response submittal to the RFQ, all attachments and forms, CCUA— Scope of Services dated October 29, 2019, Consultant's Basis of Estimate dated October 7, 2019 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 Page 4 of 9 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 the Authority. 7. INSURANCE: The Consultant will be expected to obtain and maintain the following insurance coverage during the term of this Agreement and present a certificate verifying the same: Insurance: Minimum Limits: General Liability $1,000,000.00 Each Occurrence $1,000,000.00 Damage to rented premises $1,000,000.00 Medical Expense(Any one person) $10,000.00 Personal and Advertising Injury $1,000,000.00 General Aggregate $1,000,000.00 Products and Completed Operations Aggregate $1,000,000.00 Automobile(hired, non-owned, and owned $1,000,000.00 vehicles) Combined single limit $1,000,000.00 Workers Compensation Per Statutory limits in compliance with State and Federal Laws Each Accident $1,000,000.00 Disease—Each Employee $1,000,000.00 Disease—Policy Limit $1,000,000.00 Professional Liability(Error and Omissions) $1,000,000.00 Per claim $1,000,000.00 Annual Aggregate $1,000,000.00 The Consultant shall procure and maintain insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.The above insurance shall be written by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes. Such insurance shall be endorsed to provide for a waiver of underwriter's rights of subrogation in favor of the Authority. Note:The Authority shall be designated as an Additional Insured on the General Liability policy.The Authority shall also be listed as a named insurance certificate holder by the successful Consultant prior to beginning work.(This requirement is excepted for Worker's Compensation Insurance).Such insurance shall be written by an insurer with an A.M.Best Rating of A-or better. The Consultant shall procure and maintain, at its sole expense for the period of design and construction of any project improvements contemplated by the Scope and for a period of no less than three (3) years following substantial completion, insurance of the types and in the minimum amounts stated above. A failure to obtain and maintain such insurance or to file required certificates and endorsements shall be a material breach of this Agreement. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the Authority's recourse to any remedy available at law or in equity. 8. OWNERSHIP OF INSTRUMENTS OF SERVICE:The Authority 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. 9. 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. 10. STATUS: Any pre-printed provisions of the Consultant's written materials, contract forms, or documents to the contrary notwithstanding, the Authority'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 Authority. 11. TERMINATION AND SUSPENSION:The Authority 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 the Authority. In the event the Authority 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 Page 5 of 9 that funds become unavailable to the Authority 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 Scope or Supplemental Agreement(s)proposed hereunder, permanently or temporarily, by action of the Authority. 12. INDEPENDENT CONTRACTOR: Consultant is and shall be at all times during the term of this Agreement an independent contractor and not an employee of the Authority. 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. The Authority 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. 13. 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 the Authority's attention,in writing.The Authority will advise the Consultant, in writing,within ten(10)business days if such a conflict of interest exists. If the Authority determines that there is a conflict of interest, Consultant or such subconsultant shall decline the representation upon written notice by the Authority. If the Authority determines that there is no such conflict of interest,then the Authority shall give its written consent to such representation. If Consultant or subconsultant accepts such a representation, without obtaining the Authority's prior written consent, and if the Authority 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 the Authority 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, the Authority may consider such failure as justifiable cause to terminate this Agreement. 14. AUTHORITY'S APPROVAL: Neither review, approval,or acceptance by the Authority of services or Work Products fumished 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 Authority'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 the Authority's rights under this Agreement,or any cause of action it may have arising out of the performance of this Agreement. 15. CONFIDENTIALITY AND PUBLIC RECORDS COMPLAINCE: 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 the Authority'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 the Authority, 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 the Authority's custodian of public records, Contractor shall provide the Authority 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 THE AUTHORITY'S RECORDS MANAGEMENT ADMINISTRATOR, LYNN VALENTIN, AT (904) 213-2471, LVALENTIN@CLAYUTILITY.ORG, 3176 OLD JENNINGS ROAD, MIDDLEBURG, FL 32068-3907. 16. 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 the Authority,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. Page 6 of 9 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 the Authority. The Authority 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 the Authority directly for all such costs and expenses. 17. 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 the Authority. 18. 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,the Authority 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. 19. INDEMNIFICATION:The Consultant shall indemnify and hold harmless the Authority, and the Authority'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 the Authority 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 the Authority's sovereign immunity. 20. GOVERNING LAW: The Authority 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 laws provisions, which may apply the laws of other jurisdictions. It is further agreed that any legal action between the Authority 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. 21. DISPUTE RESOLUTION: In an effort to resolve any conflicts that arise during or relate to the Consultant's performance of the Agreement, the Authority 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, Scope,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. The Authority 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 ("NADN"), 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. 22. 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 the Authority or the Consultant.The Consultant's services under this Agreement are being performed solely for the Authority'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. The Authority and Consultant agree to require a similar provision in all contracts with contractors,subcontractors,subconsultants,vendors and other entities involved in this Agreement, Scope,or Supplemental Agreement(s)to carry out the intent of this provision. Page 7 of 9 23. TRUTH IN NEGOTIATION CERTIFICATE: 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 sums where the Authority 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, Scope, or Supplemental Agreement(s). 24. AMENDMENTS: This Agreement may be amended only by written instrument specifically referring to this Agreement and executed with the same formalities as this Agreement. 25. 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. 26. ATTORNEY'S FEES: In any action involving the enforcement or interpretation of this Agreement, each party, whether the Authority or the Consultant, shall be responsible for its own respective attorneys'fees and costs. 27. 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. 28. SURVIVAL OF REMEDIES: The parties'remedies shall survive the termination of this Agreement. 29. 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. 30. FINANCIAL CONSEQUENCES: Should the Consultant fail to comply with any term of this Agreement, the Authority shall take one or more of the following actions,as appropriate in the circumstances: • 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. 31. NOTICES BY CONSULTANT TO AUTHORITY: All notices required or permitted hereunder by the Consultant to the Authority shall be in writing and shall be served on the Authority at the following address: Clay County Utility Authority Attn: Tom Morris, Executive Director 3176 Old Jennings Road Middleburg, Florida 32068-3907 e-mail: tmorris@clayutility.orq All notices required and/or made pursuant to this Agreement to be given by the Consultant to the Authority may be sent by U.S. certified mail, return receipt requested,or by nationally recognized overnight courier service, or by e-mail,and notices shall be deemed delivered upon actual receipt, provided, however, that if delivery is refused or a notice is unclaimed, notice shall be deemed received (i) if mailed, three (3) days after mailing, (ii) if overnight courier service, one (1) business day after deposit with the courier service, or(iii) if by e-mail, upon receipt. The above address may be changed by the Authority's written notice to the Consultant; provided, however,that no notice of a change of address shall be effective until actual receipt of such written notice. Page 8 of 9 1 32. NOTICES BY THE AUTHORITY TO CONSULTANT:All notices required pursuant or permitted hereunder by the Authority to the Consultant shall be in writing and shall be served on the Consultant al the following address: CDM Smith Inc. (Consultant's Business Name) 4651 Salisbury Road,Suite 420 (Street Address) Jacksonville, FL 32256 (City,Slate,Zip) Patrick R.Victor, PE,DWRE (Attention) victorpr@cdmsmith.com (e-mail) All notices required and/or made pursuant to this Agreement to be given by the Authority to the Consultant may be sent by U.S. certified mail,return receipt requested,or by nationally recognized overnight courier service, or by e-mail,and notices shall be deemed delivered upon actual receipt, provided, however, that if delivery is refused or a notice is unclaimed, notice shall be deemed received(i)if mailed,three(3)days after mailing,or(ii)if overnight courier service,one(1)business day after deposit with the courier service,or(iii)if by e-mail,upon receipt. The above address maybe changed by the Consultant's written notice to the Authority;provided, however, that no notice of a change of address shall be effective until actual receipt of such written notice. IN WITNESS WHEREOF,the parties have duly executed this Agreement on-t)fe day and, ear first written above. Clay County Utility Authority / CDM Smit Inc. (Name ofFirm By: By: .11:4 Tom Morris Executive Director Print Name: Patrick R.Victor CN% t1 Title: Vice President Date: 0:.,: , �,��,�11 t. r �i xi q Date: October 29,2019 • • Att Attest: rGL,�[ /t'14q 1-- 4! es f • • WA 1 Ty 1970 • ;rSgC�S „• �� /////!Ili 1t11\1\ Page 9 of 9 October 7,2019 Basis of Estimate Task 1: Planning and Design Services Planning The activities associated with planning,design,and permitting of the Fleming Island WWTF BTU#3 Expansion Project include the following assumptions in the scope of work and basis of estimate: • The proposed new BTU #3 shall be oriented and sized similar to BTU #2. Phosphorus removal will include sodium bisulfate and will not include biological removal of phosphorus as part of the process design of the new carrousel with Ovivo. • Consultant shall utilize existing Record Drawings provided in conjunction with survey information planned for identifying existing facilities,yard-piping and equipment on-site. Record Drawings will be used in non-critical areas. For critical connection points,the Consultant has determined that a total of eight soft digs are required for determining yard- piping and conflicts for the project. The activities associated with design of the Fleming Island WWTF include the following assumptions in the scope of work and basis of estimate: • The sizing of the existing BTU process will be in conjunction with working with Ovivo Water and the Carrousel System (denitlR- Identical Train). CONSULTANT shall utilize CCUA's latest available influent date for the last one year(minimum) to establish influent flow and loading rates of constituents for the basis of process sizing and treatment calculations. • Design criteria,P&IDs,site layout,and process flow diagrams will be fixed after the 30% Preliminary Design Report meeting with CCUA as documented in the Basis of Design Report.Any significant changes to design direction or substantial modifications will be discussed with CCUA including implications to scope,schedule,and budget.CCUA will be notified in writing of all changes to the baseline scope,schedule,or budget,established in the 30% Basis of Design Report. • Design is based on up to 63 sheets as outlined in Table 1 and specifications will be based on CSI traditional 16 Division format per CCUA front end format. Table 1. Index of Sheets Sheets Description 5 General 16 Civil 9 Structural 17 Mechanical 16 Electrical/I&C Smith -1 October 7,2019 • Design effort related to modifications to influent distribution system are based on an assumption that a new distribution box will be added to the north wall of the existing structure or a side-structure located just east of the existing headworks effluent Channel to BTU#2. The scoped design effort assumes that there will be no modifications to the existing structure that would require the existing headworks structure to be brought up to current building code requirements. • Design effort related to the clarifier splitter influent line from BTU#3 and future BTU#4 assumes no structural modification will be required for the existing clarifier splitter box. Connection of BTU#3 and BTU#4 will be accomplished through yard piping and connection to the 30-inch stub out on the existing clarifier splitter box. • Stormwater treatment at the site is provided by three wet detention facilities located along the north east and south property boundaries. Based on the most recent ERP modification prepared by the SJRWMD,Consultant has determined that the wet detention facility provides excess treatment capacity,and no design of additional stormwater treatment facilities will be required for ERP modification. Permitting The activities associated with permitting of the Fleming Island WWTF BTU#3 Expansion Project include the following assumptions in the scope of work and basis of estimate: • For the modification to the site ERP(#10-0374587-002),Consultant will provide a minor letter modification to demonstrate that the existing excess stormwater treatment capacity will be used for the site modifications associated with this project. • CCUA will sign as Owner and Operating Entity.The permit applications will be prepared and submitted to the agency having jurisdiction by Consultant on behalf of CCUA. • Permitting budget includes one site visit with regulatory agency. If additional site visits are required,site visits from post-design services scope may be substituted upon authorization by CCUA. • Permitting budget includes up to one RAI for each permit application package prepared by Consultant.If additional RAI is required due to incompleteness or errors in the information developed by the Consultant,the additional RAI will be provided. ▪ The addition of BTU#3 will be a substantial modification to permit FL0043834.CCUA will provide the NPDES renewal application dated October 2018 or other existing documents that contain information for completing the planning portions of Application Form 2A for Domestic Wastewater Facilities.The Consultant has not included recreating planning level information,including:basis of design flows,population served,residual disposal,outfall and diffuser design,effluent testing(WQ and toxicity),estimated inflow and infiltration, and industrial users and pretreatment. C-2 Smith October 7,2019 • Note,it is our understanding that although the addition of BTU#3 will increase plant design capacity to 6MGD,CCUA has requested that the Fleming Island WWTF permitted capacity not exceed 4.9 MGD. Bidding • Project includes one complete bid package and assumes up to three addenda for the plant package work. Task 2: Optional Planning and Design Services The optional activities associated with planning and design include the following assumptions: • Providing recommendations for deep-foundation geotechnical pile under BTU#3. • For contractor pre-qualification,optional services included under the scope are attending two CCUA board meetings,attending one pre-qualifications pre-bid meeting,issuing up to two addenda,and review of pre-qualifications on the short-listed qualified firms. • For gopher tortoise relocation,a not to exceed cost of$18,000 is estimated. This includes $1,500 for an initial gopher tortoise survey as well as an estimate of$2,000 per tortoise for the first 5 tortoises,then$2,100 per tortoise for up to 3 additional tortoises was budgeted for this task. At the time this task is authorized,relocation prices will be reassessed based on current market conditions. Task 3: Post Design Services The activities associated with services during construction of the Fleming Island WWTF BTU#3 Expansion Project include the following assumptions in the scope of work and basis of estimate: • The specifications will be structured to require up to 100 shop drawings,each review includes an A and B submittal. Any subsequent submittals shall be paid for by the Contractor. • Conduct one substantial completion inspection for each discipline-these may include mechanical,civil,structural,HVAC/plumbing,architectural,electrical/instrumentation. • Conduct one final inspection for each discipline to confirm that punch list items have been addressed-these may include mechanical,civil,structural, HVAC/plumbing,architectural, electrical/instrumentation. • Incorporate Contractor red-lines,as built survey,and changes noted during substantial and final completion inspections into conformed drawings and produce one set of electronic record drawings.Consultant will not develop or certify contractor as-built drawings. Task 4: Optional Post-Design Services • Resident Onsite Inspection (ROI) is budgeted for 16 months,20 work days per month,and an average of 4 hours per day for a total of 1280 labor hours. C Mth -3 October 7,2019 Task 5: BTU #1 Modifications The activities associated with planning,design,and permitting of the Fleming Island WWTF BTU#1 Modifications include the following assumptions in the scope of work and basis of estimate: • Structural modifications of BTU #1 including support of the BTU walls and replacement of the BTU effluent gate shall be implemented as a stand-alone design evaluation and engineering effort determined after new BTU #3 is constructed and brought on-line at the plant. • CONSULTANT shall perform a structural condition assessment of the existing BTU #1 structure,after it is drained and cleaned. The use of non-destructive tests (ex.reinforcing bar locaters) or destructive tests (ex.Core drill samples) to determine existing wall, foundation strengths are budgeted. After the condition assessment is performed, CONSULTANT will provide a report of observed findings and include recommendations for rehabilitation of the existing structure.Conceptual sketches will be provided as part of the report,to convey proposed modifications to CCUA. • Once the condition assessment and recommendation have been reviewed,CCUA may authorize the design of the proposed modifications. Based upon current(available) information,CONSULTANT has included a not-to-exceed design allowance that would address structural design and calculations for BTU #1. Under this task it is assumed that the existing structure has been compromised (structurally),the existing exterior walls may need to be strengthened in order to meet the design loads.This strengthening would likely include either replacement of the existing rod system or the addition of a perimeter wall and footing tied into the existing structure ("tank within a tank") and serve as a long-term solution for fixing the existing structure.Up to 6 sheets have been budgeted for design of the BTU#1 modifications. • The bidding documents for BTU#3 will include unit costs for expected BTU#1 repairs for the purposes of negotiating a change order with the selected contractor. Separate bidding services and post-design services for BTU #1 modifications are not included in this scope of work. Pending the results of the structural condition assessment and subsequent design and estimate for post-design services will be provided for CCUA consideration. Schedule It is anticipated that the Project will take 30 months to complete,starting within two weeks of receipt of a formal notice to proceed (NTP).The estimated schedule by task is shown in Table 2. Consultant will prepare an updated detailed schedule within the first 30 calendar days after NTP. -4 Smith October 7,2019 Table 2.Estimated Schedule by Task Task 1:Planning and Design Services Duration Project Management Plan 15 days after NTP Kickoff 30 days after NTP 100%Design 270 days after NTP Construction 480 days after Contractor NTP Budget A detailed fee breakdown is included in Table 3. • Task 1 Planning and Design Services lump sum fee is:$560,061 • Task 2 Optional Planning and Design Services:$36,510 • Contractor pre-qualification package lump sum fee is: $12,048 • Deep foundation lump sum fee is: $5,000 • Gopher Tortoise not to exceed allowance is: $19,462 • Task 3 Post-Design Services lump sum fee is: $209,630 • Task 4 Optional Post-Design RCI Services not to exceed fee is:$131,464 • Task 5 BTU #1 Evaluation and Design Support fee is: $74,078 • Structural Evaluation of BTU #1 lump sum fee is: $28,654 • Structural Design for BTU#1 not-to-exceed fee is:$45,424 • Total fee for this project is$1,011,743 Smith -5 w i.4 d s aa. I. s v`aw v`t- v,�`, ¢`5' vb\ �e °;•.f",-0 o vs61ao �., 'n •`'�Sd o' t a 8 A o` A d ``''} 5F `" t r°r p`' / `d.. 'ABLE I Ot TAIJ 0,,-x,t- Ea 'f s/. 'f 9 E'S t ♦r% 'f ,.' ," h" L� s\ 4. 5 255 5 245 $ 215 $ 184 S 153 5 138 5 123 $ 92 5 123 5 107 S 114 5 83 5 123 5 101 S 86 Task 1 Task 1.Planner*and Devon Secmuns 5 560,061 Protect Management 16 - U $ 66 - 10 - - 12 - • 80 4 40 324 $ • $ 5,000 10%CONCEPTUAL DESIGN • 52 - 12 - 36 - • 40 - B - 289 $ 33,525 $ 5,000 30%BASIS OF DESIGN • 4 126 8 64 - 89 - 24 161 52 - 542 $ 5,000 $ 5,000 60%PREUMINARY DESIGN - 4 100 22 66 • 150 - 24 280 - - • 40 • 701 S 10,000 S 5.000 90%FINAL DESIGN 2 • 80 16 90 • 220 • 24 240 - - - 56 - 728 5 7.000 S 5,000 100%t53UE0 FOR BID • 38 4 26 - 64 - - 52 - 20 - 204 5 2,500 $ 2,500 BIDDING 4 • 42 1 41 • 70 . . 76 - - - 4 • 238 5 1.000 $ 2,500 Perrn07ing 8 - 52 • 52 - 102 • - 88 - - - 16 22 340 5 2.300 $ 2,500 Task 2 T4sk I.Optonal Planning and Deign Ser.Kes S 36510 Develop Contractor Pre•Qwti.c0lon Package 16 • 2 • 12 - 20 - - 16 - - • • - 76 $ - S - Deep Foundatron • - - - - - - - $ 5.000 Pronde Gopher Tortoise Mmgatton Serncet 6 2 5 18,000 Task 3 Task 3:Post Devlin$enstu 5 209.630 24 • 232 11 360 - 264 434 • - - 52 a 1,385 5 11.000 5 - Task 4 Task 4.Optional Pat Deepen Sernoes $ 111.464 Onslte RPR - - 40 - - - / 40 $ 125,000 $ • Fleming Island Wastewater Treatment Facility Scope of Services WTTF CCUA Project No. 2203-132 Statement of Purpose Clay County Utility Authority (CCUA)operates and maintains water, wastewater, and reclaimed facilities through Clay County. The forecasted population in Clay County will grow through 2030. To continue to provide a high level of service to existing water, wastewater and reclaimed customers there is a need for expansion of new infrastructure. The Authority provides utilities to the public which require protection of public health, safety, and welfare, and shall require a Florida licensed Engineer of Record (EOR) for its projects associated with this request. The basic construction cost for the project exceeds the threshold amount provided under Florida Statues Section (F.S. s.) 287.017 for CATEGORY FIVE pursuant to the Consultants' Competitive Negotiation Act, F.S. s. 287.055 (CCNA). CCNA, F.S. s. 287.055, does apply to the selection of architecture, professional engineering, landscape architecture, or registered surveying and mapping services for projects that are outside the thresholds or scope of an existing continuing contract. Staff publicly advertised this solicitation as a Request for Qualifications (RFQ). Staff included in the RFQ the criteria for selection. The purpose of this solicitation is that CCUA seeks a qualified and licensed consulting firm to facilitate the expansion of the existing Fleming Island Wastewater Treatment Facility (WWTF). The Authority's proposed improvements include the construction of a new biological treatment unit (BTU) based on Ovivo's carrousel process, modifying the clarifier splitter system, modifying the existing influent distribution system, upgrading instrumentation and controls, modifying yard piping, and improving associated appurtenances. Time is of the essence for Project completion to increase the capacity of the plant. Professional services shall facilitate the following project needs: • Design Project around a total budget of$5,000,000, • New Wastewater Biological Treatment Unit (BTU) #3 to include: One (1) 200-ft. elliptical Ovivo carrousel process, 2-stage design oxidation ditch, equipped with anoxic and aerobic zones, with surface aerators for the aeration zones and submerged turbine mixers for the anoxic zones. The design shall match all existing configuration, according to the Owner's specifications, including all concrete work, pipes, aerators, mixers, gates, electrical connections, coatings, valves, site clearing and dewatering, access stairs, safety rails, walkways, and other appurtenances as required. The BTU tank shall be a pre-stressed concrete tank, according to Owner's specifications. • Modifications to the existing facility influent distribution system to include: a Accommodate BTU #3 and the future BTU #4, Include all piping and connections to the new BTU #3, and a All connections in the influent structure to accommodate the future BTU #4. • Modifications to the existing clarifier splitter system to include: ▪ Connections to the clarifier splitter box and associated piping, The splitter box or the line from BTU #3 must be modified to accommodate the future BTU #4. • Electrical upgrades to facilitate the needed improvement to include the following: a Expansion of the existing motor control center (MCC) to accommodate new pumps, aerators, and mixers associated with BTU #3, ▪ New Variable Frequency Drives (VFD) for the aerators, Evaluate the existing power service, generator, transfer switch, and power distribution equipment to ensure they can accommodate the needed improvements, and upgrade the components as required to meet the increased loads, Page 1 of 17 October 29, 2019 Fleming Island Wastewater Treatment Facility Scope of Services o Update the existing power system analysis with an Arc Flash study update to include all new electrical equipment and labels, o Ovivo's Oculus system expansion for BTU #3, o Supply of power to the new BTU #3 and associated infrastructure. • Instrumentation and Controls upgrades to accommodate BTU #3 and associated appurtenances to include: o Coordination with contractor for connection of the BTU to the existing Ovivo's Oculus system for control of the aeration systems and optimize nutrient removal, o Integration of the BTU and other plant upgrades into master Supervisory Control and Data Acquisition (SCADA) system. • Ladders, walkways and platforms shall use aluminum or 316 stainless steel and hardware, • Miscellaneous yard piping and valves to accommodate new BTU #3, influent and effluent piping, and Ovivo's Oculus control system, • Modifications to BTU #1 to include: o Remove and replace the existing effluent control gate, o Remove and replacing the rods used for the existing wall anchor system while the BTU is down for maintenance, o Include a phasing plan to show the proposed work on BTU #1 after BTU #3 is completed and is in service. • Removal of existing facilities including, but not limited to: yard piping, soil storage, trees, vegetation, etc., • Stormwater management upgrades as required, • County site permitting, • Applicable environmental permitting, including but not limited to an Environmental Resource Permit (ERP) and a modification to the existing NPDES Domestic Wastewater permit, • Applicable facility permitting and/or permit modifications needed for the improvements, • Time is of the essence to get the facility on-line as soon as possible. Project Scope of Services The Consultant, when requested, shall provide a not to exceed price or lump sum price, at CCUA's discretion, to complete the Scope on the Project that includes all costs of expenses, equipment, salaries, overhead, incidentals, fringe benefits, and operating margin. CCUA may request portions of the Scope to be completed on a not to exceed or lump sum basis, at its discretion. Invoices submitted by the Consultant shall be made by CCUA in accordance with the Local Government Prompt Payment Act. Consultants shall use its past experiences to give professional guidance and judgement that produces a reasonable outcome that will benefit CCUA. The Consultant shall develop deliverables that reduce risk over the Project including: an in-depth review and examination of the existing site, identification of issues early that would pose a risk of change order, so that they can be addressed during the design phase, evaluation of design related decisions and alternatives, and performance of QA/QC on all deliverables prior to submission. The Consultant's services shall include all personnel, labor, materials, overhead, equipment, postage, printing, copying, plotting, mileage, deliveries, all direct and indirect costs, administrative costs, reimbursables, and anything necessary to provide all research, recommendations, studies, conferences, presentations, written documents, designs, specifications, details, drawings, issuances of certificates for payment, reviews of documents, inspections, supervision and approvals of work, preparation of addendums and field orders, change orders, responses to Page 2 of 17 October 29, 2019 Fleming Island Wastewater Treatment Facility Scope of Services requests for information, and work acceptances as necessary to accomplish the assigned Project. Engineering services will generally include the following items: Planning and Design Phase: • The Survey, Geotechnical Engineering and Testing, Environmental, Civil and Environmental Engineering, Mechanical Engineering, Structural Engineering, and Architectural services needed to facilitate the above described improvements, • Coordination of the professional services required for the Project, • The planning phase includes schematic design of exploring alternative spatial solutions and evaluating alternative design concepts and constraints to the defined Scope, priced and presented with the aid of site plans or maps. The planning phase also consists of obtaining surveys, testing, and conducting geotechnical investigations as well as determining permitting needs, conducting site visits, coordinating any easement and/or temporary construction easement (TCE) needs, identifying existing environmental constraints such as impacts to wetlands and endangered species, and collecting available information. At the end of the schematic design, selection of one set of alternatives is carried into the design phase. • During the design phase, the selected scheme is developed in detail to establish the validity and constructability of the schematic design. This phase consists of finalizing easements and/or TCE needs, finalizing environmental impacts, coordinating with the consultant's surveyor for the easement and/or TCE boundary survey and legal descriptions for property acquisitions, coordinating with adjacent impacted properties, preparing final construction documents, including the basis of design, drawings, specifications, project manuals, and coordinating the direct purchase of major equipment and materials identified in the solicitation documents. For regulatory approval and public bidding, all documents must be completely coordinated, checked and cross-checked. The Consultant acknowledges that comprehensiveness, constructability and keeping construction change orders to a minimum are important considerations for CCUA. A detailed opinion of probable construction cost estimate is required for each of the milestone deliverables. The Consultant shall include notification of potential Bidders, bidding services, attend the Bid opening, reviewing Bids, providing recommendations for award, scheduling and attending a pre-bid meeting, scheduling and attending a preconstruction meeting, issuing conformed contract documents, and issuing documents for construction. • Site visits as the EOR determines in the best interest for the project needs, • A survey as determined by the Engineer of Record (EOR) to include the following: o The Consultant shall be responsible for determining the extent and the requirements of the needed survey suitable for the design, permitting and construction of the Project, o Flagged boring locations (if not present at the time of survey field work include going back to pick- up and adding), o Structures on the property with finished floor elevations, o Underground utilities, o Subsurface Utility Engineering (SUE), • Verified Vertical and Horizontal Location (VVH), the locations and quantity determined by the Engineer of Record (EOR), o Above ground utilities, o Landscaping and trees, o Fencing, o Paving, Page 3 of 17 October 29, 2019 Fleming Island Wastewater Treatment Facility Scope of Services o Sidewalks, o Spot elevations within the area including all grade breaks, top of banks, flow lines, toe of slope, center lines, etc., o Contour elevations not to exceed one (1) foot elevations, o Flood zone classification, o Wetland lines (if not present at the time of survey field work include going back to pick-up and adding), o Water features, o Easements, Servitudes, Rights-of-Way, Access, o Property boundaries, o Legal description, o Easements locations, o Adjacent rights-of-way, o Extend the topographic and utility survey beyond the site perimeter by 25 feet, o Include survey information for adjacent fronting right-of-ways, o Include at least two (2)temporary benchmarks for use during construction located outside off, but adjacent to, the proposed improvements, o Horizontal shall use the North American Datum of 1983 (NAD 83), Florida State Plane Coordinate System, East Zone - U.S. Survey Feet, o Elevations shall use the North American Vertical Datum of 1988 (NAVD 88), o The survey will be performed in accordance with the State of Florida Standards of Practice, as set forth by the Board of Professional Surveyors and Mappers, Chapter 5J-17, Florida Administrative code, and pursuant to Section 472.027, Florida Statutes, o Deliverables shall include electronic forms in both PDF and AutoCAD .dwg formats, o AutoCAD files shall use the national CAD layering standards and will include the surface, Triangular Irregular Network(TIN), and all break lines used to create the contours, o Include a 90% review before issuance of all deliverables, o Include summary documentation of the QA/QC reviews with all deliverables, o Final survey shall include four (4) signed and sealed hard copies for filing and a digitally signed and sealed pdf version, as set forth in rule SJ-17.062, Florida Administrative Code (F.A.C.) • Geotechnical Engineering as determined by the Engineer of Record (EOR) to include the following: o The Consultant shall decide the final boring and test pit locations, depths, and quantity suitable for the design, permitting and construction of the Project. o The geotechnical investigation shall include borings in accordance with Appendix A from ACI 372 as the guidelines and foundational requirements for all GSTs, o Borings, o Test pits, o Laboratory testing, o Site earthwork recommendations and site preparation, o Seasonal high groundwater table, o Encountered groundwater table, Page 4 of 17 October 29, 2019 Fleming Island Wastewater Treatment Facility Scope of Services o Evaluation of the subsurface conditions, o Settlement potential analysis, o Bearing capacity and allowable bearing pressure of the native soils, o Evaluation of on-site soil for use as structural fill/backfill material, o Unsuitable soil expectations (silts, clays, or other deleterious materials), o Flag boring and test pit locations for inclusion into the site survey, o Boring and test pit logs, o Boring and test pit map, o Geotechnical engineering report and recommendations. • Environmental Services as determined by the Engineer of Record (EOR) for the design, permitting and construction of the Project shall include the following: o Site visits, evaluations, field surveys, and investigations. o Evaluation, avoidance, and mitigation of wetland impacts. o Calculation of mitigation requirements for the Project in accordance with the Uniform Mitigation Assessment Method (UMAM) as mandated by subsection 373.414(18), F.S. o Identification of the final amount and coordination for the purchase of mitigation of credits with mitigation banks. o Evaluation, avoidance, and mitigation of endangered species impacts. o On-site meetings with the applicable jurisdictional permitting agencies as the Environmental Scientist determines in the best interest for the Project or permitting needs. Preparation and submittal of applicable environmental permit applications. • Consultant shall first review any provided information or work products provided by others within the Consultant's abilities and advise CCUA in writing of any potential error, omissions, or inconsistencies the Consultant discovers or becomes aware of, if any, before proceeding with any work under this Agreement. • During the progression of the project development for the site adaption of the project approach the Consultant shall evaluate design related issues, discuss potential risk, discuss mitigation strategies, and collaboratively give recommendations when needed. • The Consultant shall review the proposed site locations, structures, electrical systems, facilities, and appurtenances for sufficiency related to the proposed Project and/or scope of services. • The Consultant shall provide a written summary documenting any identified defects at the proposed site location, structures, electrical systems, facilities, appurtenances, and provided materials or information the Consultant discovers or becomes aware of during the Project, including collaborative discussions, and shall provide collaborative resolution or recommend proposed solutions of identified material findings. • The Consultant shall actively participate in progress meetings and periodic teleconferences. • The Consultant shall effectively and efficiently communicate and collaborate with CCUA. • The Consultant shall provide the following: 12 Project Management Plan (Work Plan)and project schedule to review at the kick-off meeting and provide final copies within two (2) weeks of the kick-off meeting. The Project Management Plan typically includes the following: • Project name, Page 5 of 17 October 29, 2019 FlemingIsland Wastewater Treatment FacilityScope of Services P • Project numbers, • Project objectives, • Project goals, • Budget, • Project team, • Scope of work, • Deliverables, • Permitting requirements and applications, • Easement needs and requirements, • QA/QC plan, • Design review points, • Contact list, • Meeting and teleconference schedule, • Milestone schedule, • Communication plan for the Project with the CCUA, • File documentation plan for the Project. c Meeting notes (for all project-related meetings and teleconferences attended), • Monthly Project progress summary memos provided with the pay applications that typically include the following: • Any changes in the scope, schedule, and budget since the last update? • Any open or unresolved issues since the last update? • What is the status of the project? o A memo outlining the permitting needs and requirements for the Project, o Plant design report(s), O 30%, 60%, 90% and 100% review materials and meetings including: • Engineer's opinion of probable construction costs and basis of estimate with the 30%, 60%, and 100% review materials, • Basis of design (updated with 30%, 60%, 90%, and 100% review materials) that shall include the project permitting needs, design criteria and design calculations, • Consultant's CPM schedule (updated with the 30%, 60%, 90%, and 100% review materials), • Agenda for the 30%, 60%, 90%, and 100% review meetings that shall include project monitoring and control update, project schedule update, project update, design-related issues, open items and questions, unresolved items, action items, and potential risks to the Project for discussion, • Four (4) full-size copies of all drawings and documents, as well as electronic documents (PDF) of all drawings and documents delivered to CCUA a minimum of seven (7) days prior to the review meeting, • Four (4) copies of specifications delivered to CCUA a minimum of fifteen (15) working days prior to the review meeting, • Include a summary of the Consultant's completion of their QA/QC review process prior the submission of review submission deliverables, • 30% Review materials shall include: processes, flows, major equipment and materials Page 6 of 17 October 29, 2019 Fleming Island Wastewater Treatment Facility Scope of Services information, preliminary schedule, design criteria, plans, layout, stormwater management concepts, outline specifications, equipment data sheets, design parameters, preliminary sizing, geotechnical report, survey, design criteria memo, and Agenda for the meeting. • 60% Review materials shall include: updated 30% information, incorporated 30% review comments, cross discipline coordination, completed processes, flows and all equipment, complete set of specifications, construction phasing plan, landscaping plans, irrigation plans, fencing, erosion control plans, SWPPP, details, maintenance of traffic plans, design calculations, Memo by the FOR stating the final geotechnical report and final survey are sufficient for design, and Agenda for the meeting. • 90% Review materials shall include: updated 60% information, incorporated 60% review comments, cross discipline coordination, constructability review, completed detailing, completed specifications, bid documents, project manuals or reports, and Agenda for the meeting. • 100% Review materials shall include: updated 90% materials, incorporated 90% review comments, Agenda for the meeting, and final cross discipline coordination, design calculations, drawings, details, specifications, bid documents, contract documents, basis of design, project manuals or reports, copies of obtained permits, equipment data sheets for asset management, etc. As an optional separate task, when authorized by CCUA, provide specialized tank foundation design (other than an on-grade foundation) such as stone columns or piles, if required, after the geotechnical investigation has been performed. The specialized tank foundation design must be needed and authorized by CCUA. This will include a revision to the pre-stressed concrete tank design using stone columns or piles, based on the geotechnical report. Include the additional Post-design Phase services required in this task. Permit applications or modifications and any supporting documents to include: • Florida Department of Environmental Protection (FDEP) substantial modification to the NPDES permit for the construction activity of public wastewater facility, activity for a wastewater treatment facility, and/or an increased discharge capacity of wastewater to the St. Johns River, per FDEP Rule 62-620, F.A.C. with supporting documents, • If applicable, Consultant shall plan and complete an anti-degradation analysis, in accordance with Rule 62-4.242, F.A.C., and shall include the analysis with the substantial permit modification, • Consultant shall prepare a preliminary design report and all other necessary reports and documents necessary for the substantial permit modification application to FDEP. • Prepare St. Johns River Water Management District (SJRWMD)/FDEP Storm Water Permit Determination letter for review, • Prepare SJRWMD\FDEP Environmental Resource Permit based on Storm Water Determination. • Prepare Clay County Site and Drainage permit application package, • Preparation of Florida Fish and Wildlife Conservation Commission (FWC) permit as required, • Preparation of U.S. Army Corps of Engineers (USACE)/ St. Johns River Water Management District (SJRWMD) and/or Florida Department of Environmental Protection (FDEP) Environmental Resource Permitting for any wetland impacts as required, • Response to at least one permit request for additional information for all permit Page 7 of 17 October 29, 2019 Fleming Island Wastewater Treatment Facility Scope of Services applications, • Inclusion of at least one (1) appropriately signed and sealed full-size record copy and one digital (.pdf)copy of all permit correspondence and submissions for a file copy with CCUA, • The Consultant shall determine the application fees needed for each permit application and submit a check request to CCUA a minimum of four (4) weeks prior to each permit submission for CCUA to pay the permit application fees, • Attendance of preapplication meetings or meetings with applicable jurisdictional permitting agencies as the EOR determines in the best interest for the Project or permitting needs. Provide notes for all meetings and teleconferences attended. lc Include summary documentation of the Consultant's QA/QC reviews with all deliverables, • The Consultant shall schedule and attend a kick-off meeting for the plant project with the project team members, to discuss various topics, including but not limited to the following: CCUA project goals and expectations, project work plan and schedule, team members' roles, CCUA points of contact, equipment preferences, operational goals, project deliverables, design concepts and constraints, and special requirements, • Develop and finalize design drawings, specifications, and bid & procurement documents and provide bidding services to include the following: o CCUA uses standardized Division 0 and Division 1 specifications based on Division 16 format that includes the Engineers Joint Contract Documents Committee (EJCDC) front end specifications. Note that the EJCDC language does allow for awarding projects by parts. At CCUA's discretion the Consultant may prepare three separate bid packages of drawings and specifications, a single package of drawings and specifications, or a single package of dra wings and specifications awarded by parts. CCUA anticipates a single bid package awarded to a single contractor for this project. The Consultant shall comply with all obligations of the Engineer or Engineer of Record (EOR) obligations within the EJCDC documents. All technical specifications, drawings, contract documents, and project manuals shall not conflict with any existing CCUA's policies, specifications, standards, approved materials, and details, a Preparation of procurement documents (bid documents, advertisement(s), addenda, drawings, details, contracts, specifications and requirements, etc.), o The Consultant shall interpret plans and specifications, prepare and issue amendments and related drawings, coordinate and attend a pre-bid meeting(s), answer questions and requests for information, develop necessary addenda drawings and specifications, attend the bid opening(s), review Bids, provide a certified bid tabulation(s), provide recommendations for award, and conform the contract documents as required by Consultant during the period that CCUA issues a solicitation(s) to the public, o Preparation of five (5) sets of conformed contract documents for each bid or part (conformed drawings, details, prepare the standard form of agreement (including: update Article 9, contract amounts and Contractor Information), Contractors, bid information, bonds, Contractor's insurance certificates, solicitation, addenda, specifications, geotechnical reports, and requirements, etc.), • Preparation of five (5) Issued for Construction (IFC) Documents per contract (drawings, details, contracts, addenda, specifications and requirements, etc.), lc Coordination and attendance of preconstruction meeting(s)that includes CCUA staff, contractors, key permitting agencies, and other applicable utility company representatives, o The bidding schedule is typically four (4) to five (5) months from bid advertisement though issuance of the Contractor's NTP, o As an optional separate task, when authorized by CCUA, provide assistance to pre-qualify Page 8 of 17 October 29, 2019 Fleming Island Wastewater Treatment Facility Scope of Services contractors in accordance with Florida Statues Section (F.S. s.)255 to perform the work described in the bid documents. The Consultant shall develop qualifications requirements, advertisement requirements, evaluation of qualifications response process and forms, present the prequalification process at a Board of Supervisor meeting, prepare advertisement and solicitation package, attend pre-qualification meeting, develop necessary addenda and responses to questions, attend the qualification opening, review Qualifications, provide certified short list(s), provide recommendation(s) of short listed firms, and attend two Board of Supervisor meetings recommending and ratifying short listed firms. Post-Design Phase: • During the construction phase the Consultant shall perform periodic site visits, attend monthly site meetings, prepare and distribute minutes from those meetings, review shop drawings, samples, operation and maintenance manuals, test results, submittals and submittal logs, mock ups, review and perform detailed cost estimates, review contractor and subcontractor qualifications and subsequently provide recommendations, resolve design errors, review contractor's coordination documents and adherence to the construction schedule, review and verify contractor's change orders and prepare Consultant's design change orders, respond to requests for additional information, issue field orders and design clarifications, participate in the preparation of a punch list, and participate in commissioning of the facility. The means, methods, techniques, and safety are the sole responsibility of the contractor and not the responsibility of the Consultant. The Consultant's actions will include such reasonable promptness as to not cause delays in the progress of work while allowing sufficient time for reviews. • The construction schedule is anticipated to take sixteen (16) months from NTP to substantial completion plus one (1) additional month to final completion for a total of seventeen (17) months. • Provide required drawings and supporting documents for the contractor's building permit applications and any required submittals, and/or at least one request for additional information of the local Authority Having Jurisdiction (AHJ). • Review shop drawings, samples, operation and maintenance manuals, test results, submittals and submittal logs. Submittal reviews shall include checking for conformance with information given and the design concept expressed in the contract documents. Items used on the Project and are within CCUA's Approved Materials Manual do not need a submittal from the contractor. Reviews are not intended to relieve the contractor of full responsibility for its contract performance. • Attend and participate in monthly progress meetings with site visit to observe the progress and quality of work performed. Prepare and distribute minutes from those meetings. • Track the Contractor's schedule and report instances of apparent delays or slippage to CCUA for resolution. • Conduct sixteen (16) additional construction site visits with up to two (2) Consultant's staff to observe the progress and quality of the work; determine, in general, if the work is proceeding in accordance with the intent of the technical portion of the contract documents; and view critical operations during construction. • Document variations from the contract documents and report instances of apparent deviations from the design and any non-conformances observed during field visits to the CCUA's project manager. • Perform Engineer of Record (EOR) obligations including those outlined in the EJCDC documents, • Perform contractor's Entitlement Review and determination, • Review and approve contractor's periodic pay requests, Page 9 of 17 October 29, 2019 J Fleming Island Wastewater Treatment Facility Scope of Services • Respond to Requests for Information (RFI) responses from the contractor(typically ten (10) to fifteen (15)), • Evaluate and respond to contractor-requested deviations from the approved design or specifications, and issue field orders and design clarifications (typically four (4) to eight (8)), • Track and log RFIs, shop drawings, Submittals, Field Orders, Change Orders, and corresponding responses, • Provide technical interpretation of the drawings, specifications, and contract documents when a Change Order Request (COR) is submitted (typically four (4) to eight (8)). • Provide startup assistance, • Conduct final inspections, • Provide punch lists, • Upon final completion, verify 'punch list' items are completed and provide written notice certifying to CCUA that the Contractor's work is generally in accordance with the Contract Documents to the best of the Consultant's knowledge and belief based on the extent of its services. • Review operation and maintenance manuals provided by the contractor, • Certify that the Project has been constructed in substantial conformance with the permitted construction plans and specifications. The contractor shall prepare any as-built drawings for the Consultant's review. The Consultant shall base such review on its site visits, monthly construction meetings, correspondence, and available information supplied by the contractors, onsite representative personnel, suppliers, and other sources. Review submitted as-builts for general conformance with the requirements of the CCUA As-Built Specification Standards Manual and substantial conformance with the permitted and conformed contract plans and specifications. Upon acceptance of the as-builts, the Consultant will sign the engineer's certification block on each sheet. The responsibility for the accuracy of the as-builts shall remain the contractors. The Consultant shall report known deviations and non-conformances observed during its review. • Provide As-Builts reviews and certifications, • Provide permit close-out documents and certifications, • Provide a summary Project debriefing and lessons learned recap, • Provide CCUA file copies of all meeting notes (for all Project related meetings and teleconferences attended), logs, observation reports, site photographs, submittals, close-out documents, certifications, as-builts, manuals, punch lists test results, recommendations, reviews, etc., performed duringthe post-design phase, P 9 P , • As an optional separate task, when authorized by CCUA, provide part-time Resident Construction Inspection (RCI) - efficiently and effectively perform construction observation to review work procedures, materials of construction, the components for compliance with the contract documents, and completion of the project on-time. The resident construction inspector assigned to the project must have a minimum of five(5)years of experience in construction, including the type of construction and project being observed. Relevant work experience related to water, wastewater and reclaim plant construction and pipe line projects, wells, concrete/steel tank construction, jack and bore projects, and horizontal directional drill projects and shall include soil compaction, density reporting, and concrete testing. The RCI shall include the following certifications: certified per American Society of Mechanical Engineers (ASME) B31.3 (latest) in solvent weld training and qualifications program and certifications older than three (3) years from the project start date shall attend a refresher course, Florida stormwater erosion and sedimentation control qualified inspector, earthwork, concrete work, advanced maintenance of traffic, estimation, and construction safety. Proposed RPIs shall include Page 10 of 17 October 29, 2019 Fleming Island Wastewater Treatment Facility Scope of Services at least three (3) verifiable and relevant refences. RPI preferred degree / certifications include: construction management degree, project management degree, civil/environmental engineering degree, construction manager certification, construction management certification, project management certification, ACI certified concrete technician certification, APWA Certified Public Infrastructure Inspector (CPII) Certification, and CSI's Certified Construction Contract Administration (CCCA) certification. Consultants shall use its past experiences to give professional guidance and judgement that provides active participation in the project collaboration with CCUA and the engineer of record (EOR). Part-time RCI services for the project shall include the following items: o The construction schedule is anticipated to take sixteen (16) months from NTP to substantial completion plus one (1) additional month to final completion for a total of seventeen (17) months. o On average,4-hours per day of part-time RCI services during the construction phase of the project to review completed work prior to enclosure or on completion as appropriate, o Attend preconstruction meeting, o Attend and participate in monthly progress meetings, o Keeping track of material certifications, quantities of work performed, rate of progress, and quality and acceptability of material furnished, o Tracking the Contractor's schedule and report instances of apparent delays or slippage to the EOR and Authority for resolution, o Observing the quality and workmanship of the work, o Determine compliance with project contract documents/specifications, o Monitoring the overall progress of the project for compliance with the work schedule, o Verifying compliance with sedimentation and erosion control plan, o Assure the project is in accordance with Federal, State, County, funding agency requirements, and/or permit requirements, o Tracking contractors and subcontractors used on the project, o Tracking stored materials and equipment on the site for use on the project, o Tracking daily weather conditions at the project site, o Interacting with agencies and residents to address complaints and other questions and concerns, o Maintaining ongoing communications with proper permit agency staff so that work does not conflict with permits and local ordinances, Provide appropriate field documentation of each construction phase throughout the duration of the project. This will include digital photos, daily written inspection reports, appropriate sketches of work installed, continuous record of field deviations from plans, etc. o Provide weekly project updates to the Authority, o Utilize the Authority's construction reporting forms, o Complete contractor past performance rating (CPPR) reports monthly, o Document variations from the contract documents and report instances of apparent non- compliance to the EOR and Authority for resolution, o Witness required testing for the project and log results, o Consultants shall provide a density\earthwork log book. Upon completion of tasks, the Consultant will submit final copies of the documents and deliverables listed along with any necessary supporting documentation signed and sealed in accordance with 61G15-23.001, F.A.C., Page 11 of 17 October 29, 2019 Fleming Island Wastewater Treatment Facility Scope of Services Provide milestone schedule for completion of the tasks and deliverables for the Project from issuance of the NTP through procurement. The Consultant and CCUA shall mutually agree to a schedule for progress reporting for the Project. Progress reporting shall include, but is not limited to, critical path design schedule with defined milestones, meeting minutes, with assigned action items, telephone log of significant calls, transmittal and submittal logs, issues or questions log, risk register, job site inspection reports, field directives, and punch list. The schedule shall be updated and submitted with each design review and/or monthly progress meeting during the post-design phase. Consultant shall complete all work according to the mutually agreed schedule and provide deliverables in a timely manner. The Consultant shall provide documentation of performance monitoring and measurements for each project. Documentation will be delivered to CCUA in accordance with the schedule agreed to by both parties and may include a checklist for project coordination and project meeting review, checklist for project deliverables, and conformance to assigned design schedules. Fees to the Consultant shall be based on the established contract rates. The Consultant's services, fees, and invoices shall be in accordance with the terms and conditions of the master agreement. Services provided may include, but are not limited to, the following: 1. Facility Warranty Reviews — This service supports final, in-warranty inspection of new facility construction and/or renovations inclusive of a given facility's conditions. This warranty inspection review is performed along with the project development team comprised of the Consultant, CCUA's designated representative, and the Project Manager prior to the end of warranty period for new facility construction and renovations. 2. Investigation and Repair Services - This service facilitates the inspection of existing facilities and/or renovations inclusive of a given facility's conditions. Inspections shall identify the root causes, issues and the specific items needed for the repair and replacement of the deficient items, and the Consultant shall prepare a report outlining its findings and recommend solutions and may be further incorporated into the design process. CCUA primarily limits its work to facilities and property either owned, leased, granted by easement, or allowed by permit. Consultant will work under the direction of CCUA's designated representative. CCUA shall assign each authorized project a point of contact under the direction of CCUA for the duration of the Project. Presentation products, architectural, and engineering construction drawings and written product and performance specifications will be delivered to CCUA in hard copy and electronic format (PDF and DWG Autodesk format files). CCUA shall determine the number of hard copies to be provided by the Consultant. Bound reports and other similar work products may be required. CCUA uses AutoCAD and Civil 3d for its Computer Aided Design (CAD) software. The Consultant shall follow the National CAD Standards layer naming standards (e.g., CU-WATR-DOMC-PIPE-XXXX XXXX XXXX XXXX XX-ST) and use CCUA's As-built Template.dwg, line types, blocks, dimension styles, datums, text, text styles, and for the drafting and file standards contained in the As-built Specifications Standard Manual Part III. Specifications Items: B. Configuration Standards, F. Layer Name Format, and G. Block Naming only which is available from CCUA's website when creating CAD files for use on the project to facilitate the importing information into GIS at the end of the project. (To download Autocad Templates, CTB files, blocks, line types, etc. go to: https://www.clayutility.org/engineering/development_permitting.aspx) The Consultant may use their own titleblocks. Deliverables of electronic versions of drawings shall use native DWG Autodesk format files created in AutoCAD or Civil 3d. The Consultant's work shall comply with the standards set forth by the applicable building codes and laws, professional licensing organizations, and authorities having jurisdiction. It is the responsibility of the Consultant for the accuracy and completeness of its design as based upon the requested deliverable. This Project, or any portion thereof, may span beyond a single budget year and subject to CCUA's budget approval process, and this Project and the Consultant's services could be suspended from time to time for Page 12 of 17 October 29, 2019 Fleming Island Wastewater Treatment Facility Scope of Services various periods of time or during any of the Consultant's performance of the Scope or Supplemental Agreement(s) proposed hereunder, permanently or temporarily, by action of CCUA. Should the Authority receive a Cost Share agreement with the SJRWMD or funding grant from the FDEP the Consultant shall comply with the terms and requirements of CCUA's SJRWMD/FDEP Agreement, provide CCUA quarterly and final report supporting information as required in the agreement for CCUA's inclusion in final reporting, complete the Consultant's tasks in accordance with the CCUA's SJRWMD/FDEP agreement requirements and obligations, at this time the administration services of any Cost Share agreement with the SJRWMD or funding grant from the FDEP is not anticipated. Consultant shall serve as the professional engineer of record subcontractor to the Authority under the State of Florida Department of Environmental Protection Standard Grant Agreement, Project Title: Fleming Island Alternative Water Supply for Clay County Utility Authority, Agreement Number LPA0057, which is hereby incorporated by reference. Consultant shall comply with the provisions contained therein applicable to Consultant as Authority's professional engineer subcontractor under said grant for this Project. Page 13 of 17 October 29, 2019 Fleming Island Wastewater Treatment Facility Scope of Services 30% Deliverable Submission Checklist Fleming Island Wastewater Treatment Facility Consultant: Date: Submit the following a minimum of seven (7)working days prior scheduling the 30% review meeting. Li Agenda that includes any outstanding design-related issues and potential risks to the Project identified ❑ Survey: provide both hard copy and electronic format (PDF and DWG AutoCAD file formats) ❑ Geotechnical report ❑ Outline Specifications ❑ Equipment and material data sheets ❑ 30% Opinion of Probable Construction Cost ❑ 30% Drawings ❑ 30% Basis of Design ❑ 30% preliminary design criteria, sizing, and calculations ❑ Evidence that all deliverables have been through the Consultant's QA/QC review prior to submission ❑ Provide both hard copy and electronic format (PDF file format) Page 14 of 17 October 29, 2019 Fleming Island Wastewater Treatment Facility Scope of Services 60% Deliverable Submission Checklist Fleming Island Wastewater Treatment Facility Consultant: Date: Submit the following a minimum of fifteen (15) working days prior scheduling the 60% review meeting. Draft specifications Submit the following a minimum of seven (7) working days prior scheduling the 60% review meeting. Agenda that includes any outstanding design-related issues and potential risks to the Project identified ❑ Memo from the EOR outlining the permitting needs and requirements for the project ❑ Draft Permit applications O Permit application check requests O Memo from the EOR accepting the survey and geotechnical report as suitable for the project needs ❑ 60% Opinion of Probable Construction Cost ❑ 60% Drawings ❑ 60% Basis of Design ❑ Draft design calculations O Memo addressing the 30% comments 7 Evidence that all deliverables have been through the Consultant's: o QA/QC review, o Constructability review, and o Cross discipline coordination prior to submission Provide both hard copy and electronic format (PDF file format) Page 15 of 17 October 29, 2019 Scope of Services 90% Deliverable Submission Checklist Fleming Island Wastewater Treatment Facility Consultant: Date: Submit the following a minimum of twenty-one (21) days prior scheduling the 90% review meeting. Revised Specifications Submit the following a minimum of ten (10) days prior scheduling the 90% review meeting. Agenda that includes any outstanding design-related issues and potential risks to the Project identified 90% Opinion of Probable Construction Cost 90% Drawings 90% Basis of Design Design calculations Memo addressing the 60% comments Received permits Evidence that all deliverables have been through the Consultant's: o QA/QC review, o Constructability review, and o Cross discipline coordination prior to submission Provide both hard copy and electronic format (PDF file format) Page 16 of 17 Scope of Services 100% Deliverable Submission Checklist Fleming Island Wastewater Treatment Facility Consultant: Date: Submit the following a minimum of fifteen (15) working days prior scheduling the 100% review meeting. Final specifications Submit the following a minimum of seven (7) working days prior scheduling the 100% review meeting. Agenda that includes any outstanding design-related issues and potential risks to the Project identified Final Opinion of Probable Construction Cost Final Drawings Final Basis of Design Final design calculations Memo addressing the 90% comments Evidence that all deliverables have been through the Consultant's: o QA/QC review, o Constructability review, and o Cross discipline coordination prior to submission Submit final copies of all documents along with any necessary supporting documentation signed and sealed in accordance with 61G15-23.001 F.A.C. Provide both hard copy and electronic format (PDF, DWG AutoCAD, .docx, .xlsx, or other original file formats Page 17 of 17