HomeMy WebLinkAbout08.e EDB CDM Fleming BTU Amendment No 2 EXECUTIVE SUMMARY
AGENDA ITEM:
Proposed Amendment No. 2 to the Fleming Island Regional Water Reclamation Facility (WRF) Expansion
(2018/2019 RFQ No. 4) Agreement with CDM Smith, Inc.
CCUA Job File No. 2203-132
Financial Job Number: 24016RR
Date: August 29, 2024
BACKGROUND:
Staff identified age-related maintenance and repairs needed at the Fleming Island Regional WRF Biological
Treatment Unit (BTU) No. 1. We originally intended to facilitate repairs to BTU No. 1 after the construction of
the new BTU No. 3. On October 15, 2019, CCUA awarded CDM Smith the Professional Engineering services
for BTU No. 1 and BTU No. 3 under CCUA 2018/2019 RFQ No. 4.
Wharton-Smith, Inc. completed the construction of BTU No. 3 on March 29, 2023. At that time, CCUA needed
to maintain the operation of BTU No. 1 as an influent flow equalization basin. Due to CCUA's continued
operation of BTU No. 1, CDM Smith could not evaluate and determine the needed structural repairs to BTU No.
1. Additionally, CCUA removed the structural repairs to BTU No. 1 and the $457,500 allowance from Wharton
Smith's contract to complete the BTU No. 3 construction project.
CCUA recently completed the shift in influent flows, allowing work to advance on BTU No. 1. The CDM Smith
team began the inspection and evaluation of BTU No. 1. CDM Smith will complete the design of the necessary
repairs as described in Task No. 5 of their original agreement under CCUA 2018/2019 RFQ No. 4. This request
is to amend the CDM Smith scope and fee to add bidding, and construction services that were not included in
their original agreement. CDM Smith's original agreement intended to use the contractor from the BTU No. 3
construction project to complete structural repairs.
Staff seeks this Amendment to the Agreement to engage CDM Smith to provide inspection, bidding assistance,
and construction oversight for the repairs to BTU No. 1. Staff requested Amendment No. 1, and the Board of
Supervisors approved a time extension to the original Agreement on April 16, 2024. The amended agreement
timeframe approved by the Board of Supervisors requires CDM Smith to complete this work by March 31, 2025.
BUDGET:
CCUA and CDM Smith agreed to a professional services fee of$1,011,743.00,as stated in the original agreement.
CCUA has paid CDM Smith $974,829.52 for professional engineering services rendered under the original
agreement. This Amendment No. 2 increases the professional engineering services fee by $45,339.00. The final
amended agreement value for CDM Smith's professional engineering services will increase to $1,057,082.00.
The original project budget for BTU No. 3 was closed in 2023. Staff has allocated $500,000.00 in the FY 24
Capital Improvement Program (CIP) Budget to fund the remaining engineering services and construction of the
needed repairs for BTU No.1.
RECOMMENDATION:
Staff respectfully recommends that the Board of Supervisors approve Amendment No.2 to the CDM Smith
agreement, which includes a change in scope and an additional fee of$45,339.00.
ATTACHMENTS:
Original Agreement CCUA 2018/2019 RFQ No. 4 - 10/2019
Amendment No. 2 to CDM Smith, Inc. Agreement.
Amendment No. 2 to the Agreement
18/19 RFQ No. 4, to provide Professional Engineering Services for the
Fleming Island Wastewater Treatment Facility Project
CCUA Project No. 2203-132
Engineer: Leslie S. Samel Owner: Clay County
CDM Smith, Inc. Utility Authority
4651 Salisbury Road, Suite 420
Jacksonville, FL, 32256
Date: September 3, 2024
Item: Description of Services:
Original Provide professional engineering services as
Agreement requested and identified in the attached scope of
services and fee proposal.
Task 1 Planning and Design Services ($19,448.00)
Task 2 Optional Planning and Design Services (6,174.00)
Task 3 Post Design Services (3,055.00)
Task 4 Optional Post-Design Services (813.00)
Task 5 BTU No. 1 Evaluation and Design Support No Change
Sub-total (Deductions) ($29,490.00)
Amendment 2
Additional Task
Task 6 Additional Inspection Services $6,515.00
Task 7 Additional Design and Bidding Services 22,816.00
Task 8 Engineering Services During Construction 22,844.00
Task 9 Resident Project Representative During Construction 15,180.00
Task 10 Project and Quality Management 5,474
Sub-total (Additions) $74,829.00
Total Net Change to Original Contract Amount $45,339.00
This document, along with the Scope and Fee Proposal, shall become an amendment to the Professional
Engineering Services Agreement and all provisions of the Agreement will apply hereto.
Accepted by: Date:
Engineer:
Leslie S. Samel PE, BCEE
CDM Smith, Inc.
Accepted by: Date:
Owner:
Jeremy D. Johnston, P.E., MBA,
Executive Director
Clay County Utility Authority
c0(IA, Clay County Utility Authority Working together toprotect
e-«-� 3176 Old Jennings Road public health, conserve our
Middleburg, Florida 32068-3907 natural resources,and
u ( Telephone(904)213-2471 create long-term value for
Facsimile(904) 213-2495 our ratepayers.
This"Agreement'(herein so called) entered into on this day of
, 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 and performed by the Consultant pursuant to this Agreement; and
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
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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.
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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
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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
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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
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
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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
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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. t I
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 r
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 F-
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 f
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 furnished
by the Consultant, or any subconsultant(s), vendor(s) or subcontractor(s) engaged by the Consultant, shall not in any way
relieve Consultant of responsibility for the adequacy, completeness and accuracy of its services or Work Products or any and
all of its subconsultant(s), vendor(s) and/or subcontractor(s) engaged by the Consultant to provide and perform services in
connection with this Agreement. Neither the 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 f
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. g
16. PROPERTY DAMAGE:The Consultant agrees to promptly repair and/or replace,or cause to have repaired and/or replaced,at j
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.
t
Page 6 of 9 j
1
4
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 a@,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
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 at the following address:
CDM Smith Inc.
(Consultant's Business Name)
4651 Salisbury Road,Suite 420
(Street Address)
Jacksonville, FL 32256
(City,State,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 may be 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 the day and ear first written above.
Clay County Utility Authority CDM S it Inc.
(Name ofiFtTmj
By: By:. Lc c,{
Tom Morris
Executive Director Print Name: Patrick R.Victor
Title: Vice President
Date: Date: October 29,2019
Attest: Attest: ( a- 'I Ac (‹
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Page 9 of 9
AMENDMENT NO. 2
TO
2018/2019 RFQ NO. 4 (CCUA Financial No. 20004SP)
SUPPLEMENTAL SUPPORT SERVICES
FLEMING ISLAND WASTEWATER TREATMENT FACILITY PROJECT
July 11, 2024
This Amendment No. 1,when executed, shall be incorporated in and become part of the Contract
(Contract No. 2018/2019 RFQ No.4, CCUA Financial No. 20004SP, CCUA Project No. 2203-132) for
Professional Services between CCUA(OWNER), and CDM Smith Inc. (CONSULTANT), dated November 9,
2019, hereafter referred to as the Agreement.
PROJECT BACKGROUND
The OWNER is currently operating the new treatment infrastructure at the Fleming Island Wastewater
Treatment Facility (WWTF)site following construction completion of the new Biological Treatment Unit
(BTU) No. 3, rehabilitation to the Headworks Structure, and various electrical instrumentation upgrades
by CONSULTANT in 2022.
A structural condition assessment and limited design services of the proposed modifications to BTU No.
1 were included in the original scope of services under this Agreement,which were to be completed
after BTU No. 3 was constructed and in-service. However, the OWNER needed BTU No. 1 for daily use
following the completion of BTU No. 3 and the structural condition assessment was placed temporarily
on hold. CONSULTANT conducted an initial structural condition assessment of the BTU No. 1 tank in May
2022 and produced a report highlighting conditions of the tank in January 2023.The objectives of the
structural condition assessment were to document the structural condition of BTU No. 1 and identify
suggested repairs, renovations, and upgrades that might be necessary to extend the useful life of the
structure.
At the request of the OWNER, the work restarted in May 2024 with the Fleming Island WWTF operating
with BTU No. 1 offline and available for re-inspection by CONSULTANT. CONSULTANT's structural team
re-mobilized to address additional inspection needs requested following the initial structural condition
assessment report results. The on set of this work includes completion of the condition assessment
supporting design of BTU No. 1 and provide support to OWNER additionally requested services for
design, bidding and construction services for completion of the BTU No. 1 rehabilitation.
WORK PLAN SUMMARY
CONSULTANT will provide additional engineering services following the initial structural condition
assessment of BTU No. 1. The work will include:
1. Additional structural condition assessment of BTU No. 1 by the structural team.
2. Additional design services associated with a stand-alone bid package (specifications)to
supplement the design drawings prepared under the original scope of services.
3. Bidding services.
4. Post-design services (construction and inspection services).
The scope of services below describes each of the above referenced services area in more detail and
defines the CONSULTANT services to be provided, schedule development and fee estimate for
repurposing some of the original scope of work capacity, and request for additional funding beyond the
upper limit of the existing Agreement.
SCOPE OF WORK
TASK 1 — Planning and Design Services
This task was completed at 97%that included all aspects required for planning and design services of the
original design of the Fleming Island WWTF. The remaining 3%of budget associated with this task is
being reallocated to Tasks 6 through 10 below.
TASK 2 —Optional Planning and Design Services
This task was completed at 83%that included work authorized under Contingency Release No. 1 on June
18, 2021, that included emergency services following the chemical discharge spill of ferric sulfate on-site
during the BTU No. 3 construction. The following items are removed from this task that will not be
required on this project:
■ Contractor pre-qualification package allowance,
■ Deep foundation analysis allowance, and
■ Gopher Tortoise allowance.
The remaining 17%of budget associated with this task is being reallocated to Tasks 6 through 10 below.
TASK 3 — Post Design Services
This task was completed at 99%that included all engineering services during construction for the
existing BTU No. 3 project through final completion and commissioning.The item that is removed from
this task includes the updates to final record drawings that include incorporation of the BTU No. 1
improvements and associated certification with the Florida Department of Environmental Protection
(since this was not conducted in unison with original construction contract). The remaining 1%of
budget associated with this task is being reallocated to Task 6 through 10 below.
TASK 4—Optional Post Design Services
This task was completed at 99%that included resident project representative (RPR) inspection services
during construction for the BTU No. 3 project through final completion and commissioning.The item
that is removed from this task includes expenses for RPR to visit Fleming Island WWTF for the inspection
of the BTU No. 1 gate installation (since this was not conducted in unison with the original construction
contract). The remaining 1%of budget associated with this task is being reallocated to Task 6 through
10 below.
TASK 5 — BTU #1 Evaluation and Design Support
No changes to this task per the original scope of services.
TASK 6—Additional Structural Condition Assessment Services
Under this task, CONSULTANT will perform one additional site visit to inspect the structural condition of
BTU No. 1 and prepare a conceptual-level opinion of construction cost to implement the recommended
improvements from the structural condition assessment report. Information from this site visit will be
added to the design drawings and specifications.
An updated draft and final structural condition assessment report will be submitted to CCUA.
CONSULTANT will hold a one-hour meeting to discuss the findings of the additional condition
assessment and discuss comments from CCUA on the updated draft structural condition assessment
report. Meeting minutes will be produced by CONSULTANT.
TASK 7 —Additional Design and Bidding Services
Subtask 7.1—Additional Design Services
Under this task, CONSULTANT will provide additional design services associated with stand-alone
technical specifications supporting the BTU No. 1 rehabilitation design package to supplement the
design drawings produced under Task 5. Additional specifications will be included both on the design
drawings and also in the technical specifications book. A list of total stand-alone contractual
specifications is included in Attachment A. CONSULTANT will work with OWNER and help support
OWNER's standardized Division 0 and Division 1 specifications based on Division 16 format that includes
the Engineers Joint Contract Documents Committee (EJCDC) front end specifications.
Subtask 7.2-Bidding
As part of the bidding phase of the Project, CONSULTANT will:
1. Provide OWNER with an electronic PDF copy of the issued for bid Contract Documents for
distribution to interested bidders. OWNER will coordinate reproduction of the Contract Documents
for bid process distribution.
2. Attend pre-bid meeting and assist with answering technical questions.
3. Assist OWNER in responding to the technical questions from the prospective bidders during the
bidding phase.
4. CONSULTANT will "Conform"the design drawings and technical specifications for the use of the
awarded Contractor and OWNER staff.
CONSULTANT will provide one electronic set of the Conformed Contract Documents and two hard copy
half-size (11-inches by 17-inches) drawing and specification sets.
TASK 8— Engineering Services During Construction
This task provides for CONSULTANT to provide limited services during the rehabilitation construction
phase for BTU No. 1.The construction duration is anticipated to be up to 4 months from Contractor NTP
to Final Acceptance.
Subtask 8.1 Meetings(Pre-Construction and Progress Meetings)
CONSULTANT staff will attend and participate in the pre-construction meeting to answer technical
questions and kick-off the construction with the OWNER and selected Contractor. CONSULTANT will
prepare the agenda and meeting minutes of the pre-construction meeting and for distribution to the
attendees. CONSULTANT's project manager(PM) and structural engineer(EOR) will attend up to three
(3)virtual (TEAMS) progress meetings and one (1) site visit to the Fleming Island WWTF prior to
substantial completion. They will observe the progress and the quality of the executed work of the
Contractor and to determine, in general, if such work is proceeding in accordance with the Contract
Documents. Construction progress minutes will be produced and submitted to the OWNER to document
observations during the site visit and discussions/decisions occurring during the monthly virtual progress
meetings.
Subtask 8.2 Shop Drawing Submittals
CONSULTANT will assist the OWNER by providing review of shop drawings submitted by the Contractor.
The project budget includes time for a total of 15 shop drawings. The shop drawings from the
Contractor will be submitted electronically to the CONSULTANT and the OWNER concurrently to
facilitate review of these submittals. Shop drawing logs will be maintained by the CONSULTANT and
copies will be provided to document receipt and return of the submittals.
Subtask 8.3 Design Clarifications/Requests for Information (RFIs) Clarifications
CONSULTANT will issue necessary designer clarifications and responses to contractor RFIs as related to
the Contract Documents.The project budget estimates a total of 1 designer clarification and 3 RFIs
including clarification of the CONSULTANT's design intent based on an estimated 4-month construction
duration. An average of 5 hours has been budgeted for the design clarification and 3 hours for each RFI.
RFIs from the Contractor will be submitted electronically to the CONSULTANT and the OWNER
concurrently to expedite the review. RFI logs will be maintained by the CONSULTANT and provided to
document receipt and return of the RFIs.
Subtask 8.4 Substantial and Final Completion/Acceptance and FDEP Certification
CONSULTANT's PM, structural EOR and RPR will participate in one substantial completion walk-through
and prepare a written punch list for the items remaining in the Contract. Once the punch list items have
been completed by the Contractor, CONSULTANT's RPR will conduct a final completion walk-through
with OWNER and the Contractor to confirm that the punch list items have been completed and
recommend issuance of final completion/acceptance. Upon substantial completion, and in accordance
with permit requirements, CONSULTANT will prepare the FDEP certifications of completion, as
appropriate, with the necessary attachments. OWNER will sign as Owner and Operating Entity, if
required.
Subtask 8.5 Record Drawings Preparation and Submittal
CONSULTANT, using red-lined drawing mark-ups prepared by the Contractor, will prepare and submit to
the OWNER one hard-copy set of Record Drawings as well as one electronic copy in ACAD (.dwg) and
PDF (.pdf) submitted digitally.The signed and sealed record drawing sets will be provided with the
record drawing stamp and the discipline Engineer of Record P.E. stamp.
TASK 9 — RESIDENT PROJECT REPRESENTATIVE SERVICES DURING CONSTRUCTION
This task describes a part-time CONSULTANT's RPR (budgeted at 30 hours/month over 4 months for a
total of 120 labor-hours) over a 4-month consecutive period through final completion to assist
CONSULTANT and OWNER in monitoring the progress and quality of the work of the Contractor. Project
representation shall be on a part-time basis and is intended to be at a sufficient level to monitor the
Contractor's work and confirm that the Contractor is meeting the requirements of the Contract
Documents. CONSULTANT will notify OWNER promptly if above level of field representation is
insufficient to monitor the work as defined by the Engineer and OWNER. CONSULTANT's RPR will be
responsible for uploading the documentation of services described herein to the OWNER document
management system or to CONSULTANT's Secure File Transfer system for download by OWNER. RPR's
responsibilities are included in Attachment B.
TASK 10— PROJECT AND QUALITY MANAGEMENT
Activities performed under this task consist of those general functions required to maintain the project
on schedule, within budget, and that the quality of the work products defined within this amendment is
consistent with CONSULTANT's standards and OWNER's requirements. Company maintains a Quality
Management System (QMS) on all projects. Company will perform technical specialist reviews on all the
draft and final technical specification packages in alignment with the original design sheets produced in
Task 5. Technical Review comments will be addressed by CONSULTANT prior to moving forward with
finalizing deliverable for the OWNER's review.
PROJECT ASSUMPTIONS
CONSULTANT has made the following assumptions for this amendment:
1. CONSULTANT assumes that OWNER provides the latest set of Division 0 and Division 1
specifications.This amendment includes CONSULTANT's support for updating these and making
them project-specific to the BTU No. 1 rehabilitation.
2. No new permits are expected or included as part of this amendment. CONSULTANT will produce
final certification that the existing BTU No. 1 gate has been installed in accordance with the
original Fleming Island WWTF Drawings (BTU No. 3 Upgrades).
3. For the bidding phase (Subtask 7.2), CONSULTANT shall assist OWNER in answering technical
questions for the OWNER for one bid period. The issuance of addenda shall be completed by
the OWNER.
4. CONSULTANT's design assumes that no additional movement or cracking will occur with the
original walls as the coupling rods are removed and replaced.
5. CONSULTANT assumes standing water inside the tank is to be completely drained, and the
underside of the covers are to be pressure washed to remove surface build-up prior to the
inspection. Ladders will be used to access the underside of the covers and their connections for
closer inspection.
SCHEDULE
It is anticipated that the work will take 7months to complete, starting within one week of receipt of a
formal notice to proceed (NTP).The anticipated schedule associated with the remaining tasks and new
tasks for the completion of the work aforementioned in this amendment is as follows:
Task and Description Estimated Task Duration
Task 1—Planning and Design Services Complete
Task 2—Optional Planning and Design Services Complete
Task 3—Post Design Services Complete
Task 4—Optional Post Design Services Complete
Task 5—BTU#1 Evaluation and Design Support 6 Weeks
Task 6—Additional Inspection Services 1 Week from Start
Task 7—Additional Design and Bidding Services 12 Weeks from Start
Task 8—Engineering Services During Construction 16 Weeks from Contractor NTP
Task 9—Resident Project Representative Services During Construction 16 Weeks from Contractor NTP
Task 10—Project and Quality Management On-Going
It is anticipated that the NTP will be provided in July 2024 and design drawings for bidding will be
completed in August 2024. Construction is anticipated to take three months to substantial completion
and 1 month from there to final completion. CONSULTANT will prepare an updated schedule within the
first 5 calendar days after receipt of a formal NTP from OWNER.
COMPENSATION AND PAYMENT
Compensation for the services described herein shall be made in accordance with the Agreement
between OWNER and CONSULTANT.The scope of services is amended from the original agreement for
Tasks 1 through 4 and new Tasks 6 through 10 are added as part of the services to OWNER.The value of
the work removed from Tasks 1 through 4 totals $29,490 and is being applied as a credit to the total
amount. Compensation for the work described in new Tasks 6 through 10 of this amendment shall be
on a lump sum basis in the amount of$74,829. The total net change to the original Agreement (Adders
—Deducts) is $45,339.The new grand total amount of this Agreement including Amendment No. 1 is
$1,057,082. CONSULTANT will submit invoices monthly based on the percentage of work completed
and will be accompanied by written monthly status reports. For summary purposes only,the
approximate value of each task is as shown in Table 2.
Table 2 Task Value Summary for Changes in Scope of Services (For Invoice Purposes)
Desc Tas Value
Task 1 Planning and Design Services ($19,448)
Task 2 Optional Planning and Design Services ($6,174)
Task 3 Post Design Services ($3,055)
Task 4 Optional Post Design Services ($813)
Subtotal(Deducts) ($29,490)
Task 6 Additional Inspection Services $6,515
Task 7 Additional Design and Bidding Services $22,816
Task 8 Engineering Services During Construction $24,844
Task 9 Resident Project Representative Services During Construction $15,180
Task 10 Project and Quality Management $5,474
Subtotal(Adder) $74,829
TOTAL Net Change to Original Contract Amount $45,339
Fleming Island WWTF
Attachment A
SPECIFICATION -TABLE OF CONTENTS
CLAY COUNTY UTILITY AUTHORITY
Fleming Island Wastewater Treatment Facility—BTU No. 1
DIVISION 0- BIDDING AND CONTRACT REQUIREMENTS
SECTIONS
00020 Requests for Bids
00200 Instructions to Bidders
00300 Bid Form
00400 Bid Bond
00420 Public Entity Crimes Form
00425 W-9 Federal ID Number Form
00430 Trench Safety Affidavit
00440 Bonding Capacity Certification Letter
00500 Standard Form of Agreement
00600 Public Construction Performance and Payment Bond
00640 Application and Certification for Payment
00650 Request for Information Form
00660 Change Order Request Form
00700 General Conditions
00800 Supplementary Conditions to the General Conditions
00900 Addenda and Modifications
Smith 1
DIVISION 1- GENERAL REQUIREMENTS
SECTIONS
01010 Summary of Work
01027 Applications for Payment
01060 Regulatory Requirements
01101 Special Procedures for Maintenance of Plant Operations and Sequence of Construction
01300 Submittals
01301 Administrative Requirements
01320 Construction Video and Photographs
01370 Schedule of Values
01400 Quality Control
01500 Construction Facilities
01600 Material and Equipment
01701 Project Closeout
01720 Record Documents
01740 Warranties and Bonds
*Note:Structural specifications will be directly included on the design drawings for the BTU No. 1 rehabilitation
and repair.
2
Attachment B
Resident Project Representative (RPR) Services
The duties and responsibilities of the RPR are described as applicable during the 4-month period as
follows:
Conferences and Meetings:
CONSULTANT's RPR will attend up to 4 meetings with the Contractor, such as progress meetings
(in-person or virtual),weekly site meetings, and other project-related meetings.
CONSULTANT's RPR will provide an overview of the meeting agenda and meeting minutes to the
CONSULTANT's Project Manager(PM)for tracking progress of the Project.
CONSULTANT's RPR will assist in obtaining from OWNER additional details or information when
required for proper execution of the work.
Shop Drawings and Samples:
CONSULTANT's RPR will advise Engineer and Contractor of the commencement of the work
requiring a Shop Drawing or Sample, if the submittal has not been approved by Engineer.
Review of Work, Rejection of Defective Work, Inspections, and Tests:
CONSULTANT's RPR will monitor the work in progress to assist Engineer in verifying that the
work is proceeding in accordance with the Contract Documents.
CONSULTANT's RPR will report to Engineer and OWNER whenever RPR believes that the work
will not produce a completed Project that conforms to the Contract Documents, or will
prejudice the integrity of the design concept of the completed Project as a functioning whole as
indicated in the Contract Documents, has been damaged, or is deficient; and advise Engineer of
work that the CONSULTANT's RPR believes should be corrected or rejected or should be
uncovered for observation, or requires special testing, inspection, or approval.
CONSULTANT's RPR will accompany visiting inspectors representing public or other agencies
having jurisdiction over the Project, record the results of these inspections, and report to
Engineer and OWNER.
Records:
CONSULTANT's RPR will prepare a daily report with progress photos (during visiting field days),
keep a diary or logbook, recording Contractor's hours on the job site, weather conditions, data
relative to questions of Work Change Directives, Change Orders or changed conditions, list of
job site visitors, daily activities, decisions, observations in general, and specific observations in
more detail as in the case of observing test procedures; and send copies to CONSULTANT and
OWNER.
CONSULTANT's RPR will record names, addresses, and telephone numbers of the Contractor's
personnel and major suppliers of materials and equipment.
Smith
Reports:
CONSULTANT's RPR will furnish to OWNER daily reports with progress photos and document the
Contractor's compliance with the progress schedule and submittals, as requested by OWNER.
CONSULTANT's RPR will notify Engineer and OWNER in advance of scheduled major tests,
inspection, or start of important phases of the Work, and provide documentation of the events.
CONSULTANT's RPR will report immediately to CONSULTANT and OWNER the occurrence of any
accident.
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