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HomeMy WebLinkAboutRFQ 22-23-A22 Surveying and Mapping Contract- ETM INC Fully Executed Page 1 of 60 SURVEYING AND MAPPING PROFESSIONAL SERVICES CONTINUING CONTRACT BETWEEN CLAY COUNTY UTILLITY AUTHORITY (CCUA) AND ETM SURVEYING & MAPPING, INC. THIS AGREEMENT for SURVEYING AND MAPPING PROFESSIONAL SERVICES (or this “Agreement”) is made and entered between Clay County Utility Authority (“CCUA”), an independent special district established and created pursuant to Chapter 94-491, Laws of Florida, by Special Act of 1994, 3176 Old Jennings Road, Middleburg, Florida 32068, and ETM SURVEYING & MAPPING, INC., 14775 Old St. Augustine Road, Jacksonville, Florida 32258 (hereinafter referred to as the “CONTRACTOR”). W I T N E S S E T H: WHEREAS, in response to a publicly advertised Request for Qualifications # 2022/2023-A22 Surveying and Mapping Professional Services, the Consultant submitted qualifications to CCUA and was selected by CCUA as a qualified applicant in the best interest of CCUA; and WHEREAS, CCUA and the Consultant have negotiated mutually satisfactory terms for the execution of the Agreement and is incorporated by reference and made part hereof; and WHEREAS, the Consultant hereby certifies it has been granted and possesses valid, current licenses to do business in the State of Florida, issued by the respective State Board(s) responsible for regulating and licensing the professional services to be provided and performed by the Consultant pursuant to this Agreement; and WHEREAS, the selection and engagement of the Consultant has been made by CCUA in accordance with the provisions of the Consultants’ Competitive Negotiation Act (“CCNA”), Section 287.055, Florida Statues, and NOW, THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein, and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby expressly acknowledged, the parties hereto agree that, with mutual acceptance of this Agreement as indicated hereinafter by the execution of this Agreement by both parties, a legally enforceable contract shall exist between both parties consisting of: SECTION 1. TERM OF CONTRACT. The term of this Agreement shall become effective December 1, 2023, and continue for a period of one (1) year with the option to renew for four (4) additional one year renewal options upon mutual agreement by both parties. SECTION 2. SERVICES BY THE CONSULTANT. A.ASSIGNMENT OF WORK: Work to be performed by the Consultant shall be on an as needed basis as determined by CCUA. All work shall be mutually negotiated with the Consultant and CCUA by Supplemental Agreements at the request of CCUA, When requested, by CCUA, the Consultant shall prepare a detailed scope of services (hereinafter referred to as “Scope”), list deliverables, schedules, work hour budget and a not to exceed fee budget for the associated work needed to complete the “Supplemental Agreement” (herein so called) for CCUA’s review and approval prior to the Consultant beginning any work. Fees shall be based on the established contract hourly rates, feed and charges and as set forth in each Supplemental Agreement. B. COMMENCEMENT OF WORK: The Consultant shall not commence work on the Project or Supplemental Agreement without prior written Notice to Proceed (hereinafter referred to as “NTP”) by CCUA. Following the issuance of such NTP the Consultant shall be authorized to commence work promptly and shall carry on all such services and work as may be required in a timely and diligent manner to completion. The Consultant hereby releases CCUA from any claim for damages or compensation, whether in contract, tort or otherwise, in the event that no NTP is issued pursuant to this Agreement. C. SCHEDULE OF WORK: All services and duties shall be conducted and performed by the Consultant diligently, completely and in accordance with professional standards of conducted and performance. The Consultant acknowledges the importance of CCUA’s schedules and agrees to put forth its reasonable professional efforts in performing the services under this Agreement with due diligence to achieve the mutually agreed upon schedules. The Consultant agrees to employ, engage, retain and/or assign an adequate number of personnel throughout the period of this Agreement so that all Supplemental Agreement(s) and Scope(s) will be provided, performed, and completed in a timely and diligent manner throughout. Should the Consultant be obstructed or delayed in the prosecution or completion of its obligations under this Agreement and its Supplemental Agreement(s) as a result of causes beyond the control of the Consultant, or its subconsultant(s) and/or subcontractor(s), and not due to its fault or neglect, the Consultant shall notify CCUA in writing, within five (5) calendar days after the commencement of such delay, stating the cause(s) thereof and requesting an extension of the Consultant’s time performance. Upon receipt of the Consultant’s request for an extension of time, CCUA will begin determination with the Consultant of the length of extension and legitimacy of cause. D. ADDITIONAL SERVICES: “Additional services” (herein so called) beyond the work identified in the Supplemental Agreement Scope shall only be authorized to be performed or provided by the Consultant when agreed to in writing in advance by both parties. In any case in which the Consultant deems that additional compensation is due for its services or materials which is not expressly covered in the Supplemental Agreement, or not specifically authorized in writing by CCUA, the Consultant shall notify CCUA in writing and must receive prior written approval therefrom CCUA. If the Consultant fails to provide its written notice or does not receive CCUA’s written approval prior to performing or providing any Additional Services, the Consultant shall not receive and additional compensation for the same. E. QUALITY CONTROL: The Consultant shall perform Quality Control (hereinafter referred to as "QC”) review for all deliverables and supporting work prepared by the Page 2 of 60 Consultant upon which those documents are based. The Consultant shall provide CCUA with a summary of each QC reviewed document which identifies the document reviewed and the QC review steps that were performed. The Consultant shall keep the original or copy of each QC reviewed document bearing distinguishable markings that identify the QC review steps that were performed by whom and when for the Duration of this Agreement and in accordance with the Retention of Documents section of this Agreement. The Consultant shall provide copies of the QC documents to CCUA upon request. F. STANDARD OF CARE: The Consultant shall put forth its reasonable professional efforts to comply with applicable laws, codes, rules, and regulations in effect as of the date of the execution of this Agreement and the date of deliverables or submissions. In providing services the Consultant shall perform in a manner which, at a minimum, is consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. The Consultant is responsible for the quality, accuracy, completeness, and coordination of all deliverables and other services the Consultant or it subconsultants, subcontractors, or vendors provide. G. ESTIMATES OF PROBABLE CONSTRUCTION COST: In providing estimates of probable construction cost, CCUA understands that the Consultant has no control over the cost or availability of labor, equipment, or materials, or over market conditions or a contractor's pricing, and that the Consultant's estimates of probable construction costs are made on the basis of the Consultant's professional judgment and experience. The Consultant makes no warranty, express or implied, that the bids or the negotiated cost of the work will not vary from the Consultant's estimate of probable construction cost. H. CERTIFY, CERTIFICATION: A statement of the Consultant's opinion, based on its own observation of conditions, to the best of the Consultant's professional knowledge, information, and belief. Such statement of opinion does not constitute a warranty or guarantee, either express or implied. I. PERMITS AND APPROVALS: The Consultant shall assist CCUA in preparing, coordinating, applying, and submitting for those permits, approvals and extensions required by law and rule for projects similar to the one for which the Consultant's services are being engaged. This assistance shall consist of completing and submitting forms and other supportive information necessary to the appropriate regulatory agencies having jurisdiction over the Consultant’s documents and other services normally provided by the Consultant and shall be included in the Scope of the Supplemental Agreement. J. LICENSES: The Consultant agrees to obtain and maintain throughout the period this Agreement is in effect, all such licenses as are required to do business in the State of Florida, including but not limited to licenses required by the respective State Board(s) and other governmental agencies responsible for regulating and licensing the professional services provided and performed by the Consultant pursuant to this Agreement and the Scope and services provided therein. Page 3 of 60 K. RESPONSIBILITY TO CORRECT: In accordance with the generally accepted standards of the Consultant’s profession, the Consultant agrees to be responsible for the professional quality, technical adequacy and accuracy, timely completion, and the coordination of all data, studies, surveys, designs, specifications, calculations, estimates, plans, drawings, construction documents, photographs, reports, memoranda, other documents and instruments, and other services, work and materials performed, provided and/or furnished by Consultant or by any subconsultant(s) and/or subcontractor(s) retained or engaged by the Consultant pursuant to this Agreement (hereinafter referred to as “Work Products”). The Consultant shall, without additional compensation, correct, revise, or have corrected or revised any errors, omissions and other deficiencies in such Work Products resulting from consultant or any subconsultant(s), vendor(s) or subcontractor(s) engaged by the Consultant. SECTION 3. COMPENSATION. A. OVERHEAD AND PROFIT RATES: Proposed overhead rates shall conform to Federal Acquisition Regulations as established by a governmental audit or certified to by a Certified Public Accountant. Fees to the Consultant shall be established based on raw hourly salary rates plus a not to exceed overhead and profit rate factor of 1.9 for a combined total hourly multiplier of 2.9 for services. Profit rates shall only be applied to direct labor plus overhead. No markup or profit shall be paid on non-labor related job costs, reimbursables, or on services provided by subconsultants, vendors or others. Any work or professional services subcontracted for by the Consultant for which CCUA has agreed to reimburse the Consultant shall not be marked-up but shall be payable by CCUA only in the exact amount reasonably incurred by the Consultant. No other such subcontracted services shall be reimbursed. B. COMPLETION: Payment of the entire fee or lump sum amount is contingent upon Consultant’s final completion of the entire Scope as specified in this Agreement. Such final completion of the Scope must be acceptable to and accepted by CCUA. Such acceptance by CCUA may not be unreasonably denied. In the event the Consultant does not complete the entire Scope, then the lump sum amount will be pro-rated using the ratio that the amount actually completed, and which is acceptable to and accepted by CCUA bears to the entire Scope. Unless otherwise set forth in this Agreement the Consultant shall be responsible for providing and performing whatever services, work, equipment, material, personnel, supplies, facilities, transportation, and administrative support that are necessary and required to complete all of the Scope and conformance with the provisions of this Agreement. C. INVOICE PROCEDURE: Invoices shall be submitted by the Consultant monthly on an “as incurred” basis and shall be made by CCUA in accordance with the Local Government Prompt Payment Act (the “Act”). Upon receipt of a proper statement, invoice or draw request CCUA shall have the number of days provided in the Act in which to make payment. Invoices shall be in a form and containing such documentation as reasonably required by CCUA. Each such invoice shall include project name, project number, breakdown of charges, description of service(s), work provided and/or Page 4 of 60 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 CCUA. Each invoice shall contain a statement that it is made subject to the provisions and penalty of Section 837.06, Florida Statutes. If CCUA objects to any portion of an invoice, CCUA shall so notify the Consultant. CCUA shall identify specific cause of the disagreement and the amount in dispute and request revision. Any dispute over invoiced amounts due which cannot be resolved within thirty (30) calendar days after presentation of invoice by direct negotiation between the parties shall be resolved in accordance with the Dispute Resolution provision of this Agreement. D. PROMPT PAYMENT TO SUBCONSULTANTS AND VENDORS: The Consultant as a condition precedent to progress and final payments to the Consultant, the Consultant shall provide to CCUA, with its requisition for payment, documentation that sufficiently demonstrates that the Consultant has made proper payments to its subconsultants and vendors from all prior payments that Consultant has received from CCUA. The Consultant shall not unreasonably withhold payments to subconsultants and vendors if such payments have been made to the Consultant. If the Consultant withholds payment to its subconsultants and vendors, which payment has been made by CCUA to the Consultant, the Consultant shall return said payment to CCUA. The Consultant’s failure to pay undisputed amounts to the subconsultants and vendors within thirty (30) business days, after the Consultant receives payment from CCUA, shall be a breach of this Agreement and may result in termination of this Agreement in the discretion of CCUA. E. PAYMENT WHEN SERVICES ARE TERMINATED AT THE CONVENIENCE OF CCUA: In the event of termination of this Agreement at the convenience of CCUA, and not due to the fault of the Consultant, CCUA shall compensate the Consultant only for: (1) all services performed prior to the effective date of termination, including the overhead and profit allocable to the services performed; (2) reimbursable expenses then due; and (3) reasonable expenses incurred by the Consultant in affecting the termination of services and work, and incurred by the Consultant’s submittal to CCUA of drawings, plans, data, and other documents therefor. F. PAYMENT WHEN SERVICES ARE SUSPENDED: In the event CCUA suspends the Consultant’s services of work on all or part of the services required to be provided and performed by the Consultant pursuant to this Agreement, CCUA shall compensate the Consultant only for services performed prior to the effective date of suspension, including the overhead and profit allocable to the services performed, and reimbursable expenses then due and any reasonable expenses incurred or associated with, or as a result of such suspension. G. NON-ENTITLEMENT TO ANTICIPATED FEES: In the event the services required pursuant to this Agreement are terminated, eliminated, cancelled, or decreased due to: termination; suspension in whole or in part; and and/or are modified by the subsequent issuance of Supplemental Agreement(s) other than receiving the compensation set forth Page 5 of 60 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: CCUA shall not be billed or invoiced for time spent traveling to and from the Consultant's offices or other points of dispatch of its subcontractors, employees, officers, or agents in connection with the services being rendered, other than as provided for in this Agreement. If and only if travel and per diem expenses are addressed in the contract or agreement in a manner which expressly provides for CCUA to reimburse the Consultant for the same, then CCUA shall reimburse the Consultant only for those travel and per diem expenses reasonably incurred and only in accordance with the provisions of Section 112.061, Florida Statutes. In the event the Consultant has need to utilize hotel accommodations or common carrier services, CCUA shall reimburse the Consultant for its reasonable expense incurred thereby provided prior approval of the Executive Director of CCUA, or its designee, is obtained. I. REIMBURSIBLE: CCUA shall not be liable to reimburse the Consultant for any courier service, telephone, facsimile, copying expenses or postage charges incurred by the Consultant. SECTION 4. PERSONNEL A. QUALIFIED PERSONNEL: The Consultant agrees when the services to be provided and performed relate to a professional service(s) which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, to employ and/or retain only qualified personnel to be in responsible charge of all Scope to be provided pursuant to this Agreement. B. CONSULTANT’S PROJECT MANAGER: The Consultant agrees to employ and designate, in writing, a qualified and, if required by law, a licensed professional to serve as the “Consultant’s Project Manager” (herein so called). The Consultant’s Project Manager shall be authorized and responsible to act on behalf of the Consultant with respect to directing, coordinating, and administering all aspects of the Scope to be provided and performed under this Agreement and Supplemental Agreement(s) thereto. The Consultant’s Project Manager shall have full authority to bind and obligate the Consultant on any matter arising under this Agreement and Supplemental Agreement(s) unless substitute arrangements have been furnished in advance to CCUA by the Consultant in writing. The Consultant agrees that the Consultant’s Project Manager shall devote whatever time is required to satisfactorily direct, supervise and manage the Scope and services provided and performed by the Consultant throughout the entire period this Agreement is in effect. Page 6 of 60 SECTION 5. RETENTION OF DOCUMENTS. 1. The Consultant agrees to maintain all documents, including electronic documents, related to the Project for a period of not less than five (5) years, in a reasonably accessible manner consistent with the Consultant's internal document retention policy. A. REASONABLY ACCESSIBLE: In order to be considered reasonably accessible, such documents must not be deleted or totally destroyed such that they cannot be reproduced or only be restored at a significant cost. B. DOCUMENT RETENTION POLICY: A written policy by which each employee, subcontractor, and subconsultant and its subcontractors or subconsultants of any tier, follows the same protocol to retain all required documents related to a project in a consistent, organized manner sufficient to allow efficient retrieval of same. SECTION 6. PUBLIC FUNDS CCUA’s performance of this Agreement shall be contingent upon and subject to the existence of lawfully appropriated public funds for each fiscal year (i.e., October 1 through and including the next following September 30) of CCUA. SECTION 7. EXTENT OF AGREEMENT This Agreement, together with the Request for Qualifications (“RFQ”), Addendums, Consultant’s response submittal to the RFQ, all attachments and forms, represents the final and completely integrated Agreement between the parties regarding its subject matter and supersedes all prior negotiations, representations, or agreements, either written or oral. Any pre-printed provisions of the Consultant’s written materials, contract forms, or documents to the contrary notwithstanding, no transportation surcharges shall apply, and no policies of the Consultant available on the Consultant’s website or retained in the Consultant’s office are incorporated by reference nor shall be deemed to be part of this Agreement, unless the same is attached this Agreement, and separately signed by the duly authorized signor for CCUA. SECTION 8. PROHIBITION AGAINST CONTINGENT FEES The Consultant shall not have employed or retained any company or person, other than an employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than an employee working for the Consultant, any fee, commission percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this agreement. For the breach or violation of these provisions, CCUA shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such a fee, commission, percentage, gift, or consideration. Page 7 of 60 SECTION 9. STATUS Any pre-printed provisions of the Consultant’s written materials, contract forms, or documents to the contrary notwithstanding, the CCUA’s entry into the contract or agreement with consultant does not give Consultant any preferential status, “most favored nations” status, nor right of first refusal to any renewal or for any other contract or agreement to provide other goods and/or services to the CCUA. SECTION 10. OWNERSHIP OF INSTRUMENTS OF SERVICE CCUA shall retain ownership of all Work Products including electronic files, field data, pictures, notes and other documents and instruments prepared by the Consultant as instruments of service. The Consultant shall not be liable for any re-use of such documents for other than the specific purpose intended without the Consultant's written verification or adaptation thereof. SECTION 11. INSURANCE GENERAL LIABILITY INSURANCE The limits of this insurance shall not be less than the following limits: Each Occurrence Limit $1,000,000 Personal & Advertising Injury Limit $1,000,000 Medical Expense Limit (any one person) $ 10,000 General Aggregate $1,000,000 Products & Completed Operations Aggregate Limit $1,000,000 General liability coverage shall apply to “bodily injury” and to “property damage” occurring on, about, or in transit to CCUA’s premises for the covered operations or professional services to be performed for CCUA by or on behalf of the additional insureds. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY INSURANCE The Contractor shall purchase and maintain at the Contractor’s sole expense Workers’ Compensation and Employer’s Liability insurance coverage for the life of this Agreement. The Limits of this insurance shall not be less than the following limits: Part One – Workers’ Compensation Insurance – Unlimited Statutory Benefits as provided in the Florida Statutes Part Two – Employer’s Liability Insurance Bodily Injury By Accident $1,00,000 Each Bodily Injury By Disease $1,00,000 Policy Bodily Injury By Disease $1,00,000 Each *If leased employees are used, policy must include an Alternate Employer’s Endorsement. Page 8 of 60 EXCESS LIABILITY INSURANCE The Contractor shall purchase and maintain at the Contractor’s sole expense Excess Liability (Umbrella Form) insurance coverage for the life of this Contract. The Limits of this insurance shall not be less than the following limits: Each Occurrence Limit $1,000,000 Aggregate Limit $1,000,000 PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) This additional coverage will be required for all projects involving consultants and similar exposures. The Contractor shall purchase and maintain at the Contractor’s sole expense Professional Liability insurance coverage for the life of this Agreement. The minimum amount of such insurance shall be as follows: Per Claim/Annual Aggregate $1,000,000 Professional Liability coverage will be provided on an Occurrence Form or a Claims Made Form with a retroactive date to at least the first date of this Agreement. If provided on a Claims Made Form, the coverages must respond to all claims reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. CYBER AND DATA SECURITY LIABILITY This additional coverage will be required of Proposer for information technology services, software providers, programmers, and similar exposures. The Contractor shall purchase and maintain at the Contractor’s sole expense Cyber and Data Security Liability insurance coverage for the life of this Contract. The minimum amount of such insurance shall be as follows: Technology Errors and Omissions Liability coverage $1,000,000/per claim Media $1,000,000/per claim Network and Data (Information) Security $1,000,000/per claim Policy coverage must include Third Party Liability coverage. CRIME/FIDELITY COVERAGE This additional coverage will be required for all service providers involving information technology services, Pension consulting and administration, and similar exposures. The Contractor shall purchase and maintain at the Contractor’s sole expense Crime/Fidelity and/or Fiduciary Liability insurance coverage for the life of this Contract. The minimum amount of such insurance shall be as follows: Third Party Employee Dishonesty $1,000,000 Contractor shall require each of its subcontractors/vendors to likewise purchase and maintain at their expense Commercial General Liability insurance, Workers’ Compensation and Employer’s Liability coverage, Automobile Liability insurance and Excess Liability insurance coverage meeting the same limit and requirements as the Contractor/Vendors insurance. Certificates of Page 9 of 60 Insurance acceptable to CCUA for the Contractor / subcontractor / vendor’s insurance must be received within five (5) days of Notification of Selection and at time of signing Agreement. Certificates of Insurance and the insurance policies required for this Agreement shall contain an endorsement that coverage afforded under the policies will not be cancelled or allowed to expire until at least thirty (30) days prior written notice has been given to CCUA. Certificates of Insurance and the insurance policies required for this Agreement will include a provision that policies, except Workers’ Compensation, are primary and noncontributory to any insurance maintained by the Contractor/subcontractor/vendor. CCUA must be named as an Additional Insured and endorsed onto the Commercial General Liability (CGL), Auto Liability and Excess Liability policy(ies). A copy of the endorsement(s) must be supplied to CCUA within ten (10) days following the execution of the Agreement or prior to the first date of professional services being provided, whichever comes first. The Contractor waives, and the Contractor shall ensure that the Contractor’s insurance carrier waives, all subrogation rights against CCUA and CCUA’s officers, employees, and volunteers for all losses or damages. CCUA requires the policy to be endorsed with WC 00 03 13 Waiver of our Right to Recover from Others or equivalent. CCUA shall retain the right to review, at any time, coverage from, and amount of insurance. The procuring of required policies of insurance shall not be construed to limit the Contractor’s liability or to fulfill the indemnification provisions and requirements of this Agreement. The Contractor shall be solely responsible for payment of all premiums for insurance contributing to the satisfaction of this Agreement and shall be solely responsible for the payment of all deductibles and retentions to which such policies are subject, whether or not CCUA is an insured under such policy(ies). A. The CONTRACTOR, and any authorized subcontractor(s), shall provide CCUA’s Procurement Department with Certificate(s) of Insurance evidencing such coverage for the duration of this Agreement. Said Certificate(s) of Insurance shall be dated and show: 1. The name of the insured CONTRACTOR; 2. The Agreement by name and CCUA Contract or RFQ number; 3. The name of the insurer; 4. The number of the policy; 5. The effective date; 6. The termination date; and 7. A statement that the insurer will mail notice to CCUA at least thirty (30) days prior to any material changes in the provisions or cancellation of the policy. B. Receipt of certificates or other documentation of insurance or policies or copies of policies by CCUA, or by any of its representatives, which indicates less coverage than is required, does not constitute a waiver of the CONTRACTOR’s obligation to fulfill the insurance requirements specified herein. Page 10 of 60 C. The CONTRACTOR shall ensure that any subcontractor(s), hired to perform any of the duties contained in the Scope of Services of this Agreement, maintain the same insurance requirements set forth herein. In addition, the CONTRACTOR shall maintain proof of same on file and made readily available upon request by CCUA. SECTION 12. NON-RENEW Any pre-printed provisions of the Consultant’s written materials, contract forms or documents to the contrary notwithstanding, the same shall not automatically renew but shall be renewed only upon subsequent written agreement of the parties. SECTION 13. TERMINATION AND SUSPENSION CCUA or the Consultant may terminate this Agreement at any time, with or without cause, by giving ten (10) days’ notice to the other in writing. In the event of termination, all finished or unfinished Work Products prepared by the Consultant pursuant to this Agreement, shall be provided to CCUA. In the event CCUA terminates this Agreement prior to completion without cause, Consultant may complete such analyses and records as may be necessary to place its files in order. This Agreement shall be terminated, with twenty-four (24) hour notice to the Consultant in the event that funds become unavailable to CCUA for any reason whatsoever. This Agreement, or any portion hereof, may be suspended from time to time for various periods of time or during any of the Consultant’s performance of the Supplemental Agreements proposed hereunder, permanently, or temporarily, by action of CCUA. SECTION 14. INDEPENDENT CONTRACTOR Consultant is and shall be at all times during the term of this Agreement an independent contractor and not an employee of CCUA. Consultant agrees that it is solely responsible for the payment of taxes applicable to the services performed under this Agreement and agrees to comply with all local, state, and federal laws regarding the reporting of taxes, maintenance of insurance and records, and all other requirements and obligations imposed on the Consultant as a result of its status as an independent contractor. Consultant is responsible for providing the office space and administrative support necessary for the performance of services under this Agreement. CCUA shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance of unemployment compensation programs or otherwise assuming the duties of an employer with respect to the Consultant or any employee of consultant. SECTION 15. CONFLICT OF INTEREST The Consultant represents that to the best of its knowledge and belief it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. The Consultant further agrees that no person having any such interest shall be employed or engaged by the Consultant for said performance. If Consultant, for itself and on behalf of its subconsultants, is about to engage in representing another client, which it in good faith believes could result in a conflict of interest with the work being Page 11 of 60 performed by the Consultant or such subconsultant under this Agreement, then it will promptly bring such conflict of interest to CCUA’s attention, in writing. CCUA will advise the Consultant, in writing, within ten (10) business days if such a conflict of interest exists. If CCUA determines that there is a conflict of interest, Consultant or such subconsultant shall decline the representation upon written notice by CCUA. If CCUA determines that there is no such conflict of interest, then CCUA shall give its written consent to such representation. If Consultant or subconsultant accepts such a representation, without obtaining the CCUA’s prior written consent, and if CCUA subsequently determines that there is a conflict of interest between such representation and the work being performed by consultant or such subconsultant under this Agreement, then the Consultant or such subconsultant agrees to promptly terminate such representation. Consultant shall require each of such subconsultants to comply with the provisions of this Section. Should the Consultant fail to advise or notify CCUA as provided herein above of representation which could, or does, result in a conflict of interest, or should the Consultant fail to discontinue such representation, CCUA may consider such failure as justifiable cause to terminate this Agreement. SECTION 16. CCUA’S APPROVAL Neither review, approval, or acceptance by CCUA of services or Work Products furnished by the Consultant, or any subconsultant(s), vendor(s) or subcontractor(s) engaged by the Consultant, shall not in any way relieve Consultant of responsibility for the adequacy, completeness and accuracy of its services or Work Products or any and all of its subconsultant(s), vendor(s) and/or subcontractor(s) engaged by the Consultant to provide and perform services in connection with this Agreement. Neither the CCUA’s review, approval or acceptance of, nor payment for, any of the Consultant’s services or Work Products shall be construed to operate as a waiver of any of CCUA’s rights under this Agreement, or any cause of action it may have arising out of the performance of this Agreement. SECTION 17. CONFIDENTIALITY AND PUBLIC RECORDS COMPLIANCE The Consultant agrees, during the term of this Agreement, to comply with Chapter 119.071(3), Florida Statutes, and not to divulge, furnish or make available to any third person, firm or organization, without CCUA’S prior written consent, or unless incident to the proper performance of the Consultant’s obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by the Consultant or any subconsultant(s) or subcontractor(s), pursuant to this Agreement. Subject to the foregoing provisions and law applicable to confidential information, the Consultant will keep and maintain public records required by CCUA, which is a public agency, in order for the Consultant to perform the services and the work required by the Scope, and upon request from CCUA’s custodian of public records, Contractor shall provide CCUA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119.07, Florida Statutes, or as otherwise provided by law. The Consultant shall require all of its employees, subconsultant(s) and subcontractor(s) to comply with provisions of this paragraph. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY Page 12 of 60 TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT: Public Records 3176 Old Jennings Road Middleburg, Florida 32068 (904) 272-5999 Recordsrequest@clayutility.org SECTION 18. PROPERTY DAMAGE The Consultant agrees to promptly repair and/or replace, or cause to have repaired and/or replaced, at its sole cost and expense and in a manner acceptable to and approved by CCUA, any property damage arising out of, or caused by, the willful or intentional misconduct or negligent acts of the Consultant, or its subconsultants and/or subcontractors. The Consultant’s obligation under this subsection does not apply to property damage caused in whole or in part by any other consultant or contractor engaged directly by CCUA. CCUA reserves the right, should the Consultant fail to make such repairs and/or replacement within a reasonable period of time, to cause such repairs and/or replacement to be made by others and for all costs and expenses associated with having such repairs and/or replacement done to be paid for by the Consultant’s compensation fund or by the Consultant reimbursing CCUA directly for all such costs and expenses. SECTION 19. NONDISCRIMINATION AND EQUAL OPORTUNITY The Consultant shall comply with all state and federal laws, as currently written or hereafter amended, or other applicable laws prohibiting discrimination, unless based upon a bona fide occupational qualification as provided in or as otherwise permitted by other applicable laws. Consultant’s or its subconsultants, subcontractors and/or vendors shall be certified as minority business enterprise as defined in Section 288.703, Florida Statutes, to count towards participation goals or requirements. The failure of the Consultant to adhere to relevant stated requirements shall subject the Consultant to any sanctions which may be imposed upon CCUA. SECTION 20. INDEMNIFICATION The Consultant shall indemnify and hold harmless CCUA, and the CCUA's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. All indemnification provisions contained this Agreement are separate and apart from, and are in no way limited by, any insurance provided pursuant to this Agreement or otherwise. All indemnification provisions of this Agreement, relating to Indemnification shall survive the term of this Agreement, and any holdover and/or Agreement extensions thereto, whether such term expires naturally by the passage of time or is earlier terminated earlier pursuant to the provisions of this Agreement. With respect to any indemnification by CCUA provided under the contract or agreement, any such indemnification Page 13 of 60 shall be subject to and within the limitations set forth in Section 768.28, Florida Statutes, and to any other limitations, restrictions and prohibitions that may be provided by law, and shall not be deemed to operate as a waiver of CCUA’s sovereign immunity. SECTION 21. GOVERNING LAW CCUA and the Consultant agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of Clay County, Florida without regard to any conflict of law’s provisions, which may apply the laws of other jurisdictions. It is further agreed that any legal action between CCUA and the Consultant arising out of this Agreement, or the performance of the services shall be brought in a court of competent jurisdiction in Clay County, Florida. SECTION 22. DISPUTE RESOLUTION In an effort to resolve any conflicts that arise during or relate to the Consultant’s performance of the Agreement, CCUA and the Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation. The Consultant further agrees to include a similar mediation provision in all agreements with independent subcontractors and subconsultants retained by the Consultant for this Agreement or any Supplemental Agreement(s), and to require all independent subcontractors and subconsultants also to include a similar mediation provision in all agreements with its subcontractors, subconsultants, suppliers, vendors and fabricators, thereby providing for mediation as the primary method for dispute resolution among the parties to all those agreements. CCUA shall not be bound by any provision requiring binding arbitration or binding mediation of disputes. If a dispute arises either party shall follow the following provisions: provide written explanation of the dispute a minimum 30 days’ notice to the other party prior to mediation, the mediator shall be a member of the National Academy of Distinguished Neutrals (“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. SECTION 23. THIRD PARTY BENEFICIARIES Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either CCUA or the Consultant. The Consultant's services under this Agreement are being performed solely for CCUA’s benefit, and no other party or entity shall have any claim against the Consultant because of this Agreement or the performance or nonperformance of services hereunder. CCUA and Consultant agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this Agreement or Supplemental Agreement(s) to carry out the intent of this provision. SECTION 24. TRUTH IN NEGOTIATION CERTIFICATION The Consultant understands and agrees that execution of this Agreement by the Consultant shall be deemed to be simultaneous execution of a truth-in-negotiation certificate under this provision to the same extent as if such certificate had been executed apart from this Agreement, such Page 14 of 60 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 CCUA determines the Compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs, provided that any and all such adjustments shall be made within one (1) year following the completion date of this Agreement or Supplemental Agreement(s). SECTION 25. AMENDMENTS This Agreement may be amended only by written instrument specifically referring to this Agreement and executed with the same formalities as this Agreement. SECTION 26. ASSIGNMENT Neither party to this Agreement shall transfer, sublet, or assign any rights or duties under or interest in this Agreement, including but not limited to monies that are due or monies that may be due, without the prior written consent of the other party. Subcontracting to subconsultants, normally contemplated by the Consultant as a generally accepted business practice, shall not be considered an assignment for purposes of this Agreement. SECTION 27. ATTORNEY’S FEES In any action involving the enforcement or interpretation of this Agreement, each party, whether CCUA or the Consultant, shall be responsible for its own respective attorneys' fees and costs. SECTION 28. WAIVER The failure of either party to exercise any of its rights is not a waiver of those rights. A party waives only those rights specified in writing and signed by the party waiving its rights. Oral modification or rescission of this Agreement by an employee or agent of either party, shall not release either party of its obligations under this Agreement, shall not be deemed a waiver of any rights of either party to insist upon strict performance hereof, or of either party’s rights or remedies under this Agreement or by law, and shall not operate as a waiver of any of the provisions hereof. SECTION 29. SURVIVAL OF REMEDIES The parties’ remedies shall survive the termination of this Agreement. SECTION 30. PROVISIONS SEVERABLE In the event any of the provisions of this agreement should be found to be unenforceable, it shall be stricken, and the remaining provisions shall be enforceable. SECTION 31. FINANCIAL CONSEQUENCES Page 15 of 60 Should the Consultant fail to comply with any term of this Agreement, CCUA shall take one or more of the following actions, as appropriate in the circumstances: • Temporarily withhold payments pending correction of the deficiency, • Disallow all or part of the cost of the activity or action not in compliance, • Wholly or partially suspend or terminate this Agreement, • Withhold further awards to the Consultant, and/or • Take further remedies that may be legally or equitably available. SECTION 32. DOCUMENTS CONSTITUTING ENTIRE AGREEMENT The following documents are hereby incorporated and made part of this Agreement: 1. Exhibit A – Scope of Services 2. Exhibit B – Original Statement of Qualification (SOQ) submitted by Contractor 3. Exhibit C – Supplemental Agreement Template 4. Exhibit D – FY 23/24 Rates In the event of a conflict between the covenants, terms, and/or provisions of this Agreement and Exhibit “A,” the provisions of the Agreement shall take precedence. SECTION 33. NOTICE The parties hereto agree and understand that written notice, mailed or delivered to the last known mailing address, shall constitute sufficient notice to CCUA and the CONTRACTOR. All notices required and/or made pursuant to this Agreement to be given to CCUA and the CONTRACTOR shall be in writing and given by way of the United States Postal Service, first class mail, postage prepaid, addressed to the following addresses of record: CCUA: Clay County Utility CCUA Attention : Angelia Wilson Procurement Manager 3176 Old Jennings Road Middleburg, Florida 32068 CONTRACTOR: ETM Surveying & Mapping, Inc. Scott A. Graham, PSM Vice President 14775 Old St. Augustine Road Jacksonville, Florida 32258 SECTION 34. CLIENT SERVICE MANAGERS CCUA and the CONTRACTOR have identified individuals as “Client Service Managers” (herein so called), listed below, who shall have the responsibility for managing the Scope of Services to be performed under this Agreement. The person or individual identified by the CONTRACTOR Page 16 of 60 to serve as the Client Service Manager for this Agreement, or any replacement thereof, is subject to prior written approval and acceptance by CCUA. If CCUA or CONTRACTOR replace their own current Client Service Manager with another individual, an amendment to this Agreement shall not be required. CCUA will notify the CONTRACTOR, in writing, if the current CCUA Client Service Manager is replaced by another individual. A. CCUA Client Service Manager’s contact information is as follows: Paul Steinbrecher, PE Chief Engineer Clay County Utility CCUA 3176 Old Jennings Road Middleburg, Florida 32068 Phone: 904-213-2408 Email: psteinbrecher@clayutility.org B. The CONTRACTOR Client Service Manager’s contact information is as follows: Scott A. Graham, PSM Vice President ETM Surveying & Mapping, Inc. 14775 Old St. Augustine Road Jacksonville, Florida 32258 Phone: 904-642-8550 GrahamS@etmsurvey.com SECTION 35. COUNTERPARTS, ELECTRONIC TRANSACTION, AND ELECTRONIC SIGNATURES This Agreement may be electronically executed by the parties in counterparts up to but not exceeding the number of parties, each of which shall be deemed an original and all of which, taken together, shall constitute one agreement. Each party may deliver its executed signature page by email transmission to the other parties at the email addresses set forth herein. Delivery shall be effective and complete upon completion of such email transmission. The parties agree that electronic signatures may be use in the execution of this Agreement in accordance with Parts I and II of Chapter 668, Florida Statutes. SECTION 36. SIGNATORY. Each signatory below represents and warrants that he or she has the full power and is duly authorized, by their respective party, to enter into and perform under this Agreement. Such signatory further represents that he or she has fully reviewed and understands the terms and conditions set forth in this Agreement, including exhibits, and fully intends to abide by and comply with all of the terms and conditions set forth herein. Page 17 of 60 Exhibit A: Scope of Services and Related Requirements Project Description Work to be performed by the Consultant shall be on an as needed basis as determined by CCUA. When requested, by CCUA, the Consultant shall prepare a detailed scope of services based on CCUA’s specific request. All work shall be mutually negotiated with the Consultant and CCUA by Supplemental Agreements and shall conform to the established rate schedule in the Agreement. Work shall not commence on any Project or Supplemental Agreement without prior written Notice to Proceed by CCUA. Project Scope of Services The Consultant shall provide surveying, mapping, drawings, details, and related services. The services will be utilized by CCUA for various projects or improvement projects within CCUA’s service district on an as needed basis. A. The Consultant’s services shall include all personnel, labor, materials, overhead, equipment, postage, printing, copying, plotting, mileage, deliveries, all costs (direct and indirect), administrative costs, reimbursables, and all things necessary to provide all research, recommendations, studies, conferences, presentations, written documents, surveys, mapping, details, drawings, review of documents, inspections, respond to requests for information, work acceptance as necessary to accomplish assigned projects. B. CCUA will outline individual project requirements. Consultants shall provide detailed specific project scopes, schedules, completion dates, work hours, fees, and total not to exceed price with each individual Supplemental Agreement authorized and executed prior to commencement of any work. Consultant shall follow the authorized Supplemental Agreement(s). Consultant shall complete work according to proposed project timeline and shall provide all deliverables in a timely manner and within the total not to exceed price stated in the Supplemental Agreement. C. CCUA may request the following, but not limited to, summary of potential professional services during the term of the Agreement: a. Topographic Surveys, b. Boundary Surveys, c. Right-of-way Surveys, d. Land Title Search, e. ALTA Surveys, f. Utility surveys, g. As-builts, h. Subsurface Utility Engineering (SUE), i. Bathymetric & Hydrographic Surveys, j. FEMA (LOMA) Surveys, k. FEMA Elevation Certificate, l. Stake-out, m. Layout, n. Wetland Surveys, Page 19 of 60 o. Tree Surveys, p. Control Surveys, q. Lidar Surveys, r. Photogrammetric Surveys, s. Laser Scanning, t. Legal Descriptions. Survey horizontal control shall use the North American Datum of 1983 (NAD 83), Florida State Plane Coordinate System, East Zone - U.S. Survey Feet, Survey elevations shall use the North American Vertical Datum of 1988 (NAVD 88) 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. D. Consultants shall use its experience 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, identify issues that would pose a risk of change order that can be addressed early in the design phase, evaluation of design related decisions and alternatives, and QA/QC of deliverables. a. Property\Easement Acquisition: The services necessary to clearly define, describe, or investigate a particular or group of parcels or properties for purchase, sale, or the obtaining easement(s). This may include land title searches, entitlement and encumbrance searches, easement searches, flood zone determinations, boundary surveys, legal descriptions, setting missing monumentation, property access determination, determination of boundary line problems, and determination of encroachment issues. When Property or Easement Acquisition Services, including boundary surveys, are requested the Consultant shall evaluate the program, the existing conditions, and survey and mapping parameters. The Consultant shall prepare a detailed Scope for the project. The Scope shall be accompanied by associated cost estimates and any additional items of work as defined within the specific requirements for the Scope. Deliverables (see Section I herein) shall be specified within the Scope as applicable. b. Planning and Design Phase: The services necessary to investigate, clearly define, or describe a particular or group of parcels or properties, rights-of-way, or easements for the schematic design and design development associated with a particular improvement project. This may include land title searches, entitlement and encumbrance searches, easement searches, flood zone determinations, boundary surveys, utility surveys, utility underground engineering, tree surveys, bathymetric and hydrographic surveys, wetland flag’s locations, survey and mapping boring flag locations, topographic surveys, rights-of-way surveys, easement surveys, FEMA surveys, lidar surveys, photogrammetric surveys, and laser scanning. Drawings or Page 20 of 60 deliverables will be reviewed at a predetermined percent of completion and may include developed plats, surveys, maps, legal descriptions, reports, and details prior to issuing any final deliverables. The Consultant shall resolve any discrepancies arising from the review process. When Planning or Design Phase services are requested the Consultant shall evaluate the program, the existing conditions, and survey and mapping parameters. The Consultant shall prepare a detailed Scope for the project. The Scope shall be accompanied by associated cost estimates and any additional items of work as defined within the specific requirements for the Scope. Deliverables (see Section I herein) shall be specified within the Scope as applicable. c. Construction Phase: The services necessary to layout the intended final design in the field for construction. This may include a review for any potential layout issues, construction layout, staking, as-builts, and as-built review submissions. When Construction Phase services are requested, the Consultant shall evaluate the program, the existing conditions, proposed design plans, layout and staking parameters, and as- built requirements. The Consultant shall prepare a detailed Scope for the project. The Scope shall be accompanied by associated cost estimates and any additional items of work as defined within the specific requirements for the Scope. Deliverables (see Section I herein) shall be specified within the Scope as applicable. E. The Consultant shall provide documentation of performance 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, and conformance to assigned schedules. F. The Consultant and CCUA shall mutually agree to a schedule for Progress reporting for each project. Progress reporting shall include, but is not limited to, critical path schedule with defined milestones, meeting minutes, with assigned action items, telephone log of significant calls, transmittal and submittal logs, site inspection reports, field directives, and punch list. G. Consultant will work under the direction of CCUA’s designated representative. Each authorized project will be assigned a point of contact under the direction of CCUA for the duration of each project. H. 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. The Consultant shall be responsible for accuracy and completeness of its work products and design as based upon the requested deliverable. I. Deliverables - upon completion of tasks, the recipient will submit final copies of the documents along with any necessary supporting documentation signed and sealed. All submissions to CCUA, dependent upon the requirements of each specific project deliverable, including all sketches, presentation products, and drawings and written product and performance specifications will include both hard copy and electronic format (PDF and DWG AutoCAD format files). CCUA shall determine the number of hard copies to be provided by the Consultant on a project-by-project basis. Bound reports and other similar work products may be required. Page 21 of 60 Clay County Utility Authority Surveying and Mapping Professional Services RFQ# 2022/2023-A22 | August 24, 2023 Exhibit B Page 22 of 60 ETM | Page 1 TITLEPAGEi SUBJECT/TITLE Surveying and Mapping Professional Services RFQ NUMBER RFQ# 2022/2023-A22 FIRM’S NAME England Surveying & Mapping, Inc. CONTACT PERSON Scott A. Graham, PSM Vice President ADDRESS 14775 Old St. Augustine Road Jacksonville, Florida 32258 PHONE NUMBER (904) 642-8550 DUE DATE August 24, 2023 Page 23 of 60 ETM | Page 2 TABLE OFCONTENTSii PROFESSIONAL STAFF EXPERIENCE Page 4 COMPANY EXPERIENCE AND PAST PERFORMANCE Page 13 PROJECT APPROACH AND WORK PLAN Page 19 OTHER Page 22 1 2 3 4 Page 24 of 60 ETM | Page 3 ETM Surveying & Mapping, Inc. (ETM Survey) is a licensed land surveying and mapping company that provides comprehensive services to both public and private sector clients throughout Northeast Florida. Our corporate foundation was laid nearly a century ago with our founding company, Robert M. Angas Associates, Inc., in 1924. Today, through acquisition and merger, ETM Survey is a wholly owned subsidiary of England-Thims & Miller, Inc. (ETM), a multi-disciplined engineering consultant services provider. The merger of these two companies resulted in a single company with extensive historical resources, current progressive technology, and technical expertise from an experienced and diverse staff. As a result, ETM Survey has emerged as a versatile and innovative land surveying company that offers a wide spectrum of services and innovative solutions to our clients’ many challenges. ETM has the required expertise needed to meet the objectives of this contract and are dedicated to serving as Trusted Advisors, Creating Community. ETM Survey has the capacity and capability to successfully and simultaneously complete projects on an as-needed basis in a compressed timeframe over the term of this contract, all while complying with Clay County Utility Authority (CCUA) standards, City, regulatory agency, and FDOT requirements. Our team has a wealth of experience with Continuing Services Contracts for governmental agencies. This experience has afforded us the opportunity to work on a variety of smaller magnitude, shorter duration projects. These projects have included surveying and mapping projects which were completed for a multitude of public agencies including Clay County, JEA, New Smyrna Beach Utilities Commission, City of Palm Coast, City of Jacksonville, FDOT District 2, City of St. Augustine, St. Johns County, Flagler County, Nassau County, Jacksonville Aviation Authority, and Florida Department of Environmental Protection (FDEP). ETM Survey has proven that we can obtain the resources when needed and/or scale them back to meet the changing demands of different project types and award timings. Our clients have come to trust us to deliver on our promises and we are proud of being selected for repeat work on these types of contracts. Our team has previously worked on similar projects which include JEA’s Small Diameter Pipe Replacement Program, JEA’s Beverly Hills Septic Tank Phase Out Program, and JEA Wastewater Treatment Plant Surveys. The experience gained while working on these projects will prove to be beneficial for CCUA, due to the similarities in scope items that our proposed team has previously done for these other contracts. Our team knows how to navigate the scope items and will successfully accomplish CCUA’s project goals. In addition to having the relevant project experience, our team also has the necessary experience collaborating and working together on previous projects. This ensures that our team knows how to seamlessly work together with minimal disruptions for the contract’s duration. To support this contract, we have a staff of over 80 qualified employees who are experienced in performing the various surveying and mapping services anticipated, as well as the resources needed to respond efficiently and effectively to requests made by CCUA. ETM Survey is fully equipped to help CCUA accomplish all contract goals. We will ensure that careful consideration is applied to project schedules and budgets, and that critical path survey data is delivered on time. Our staff is experienced, responsive, and dependable - all essential characteristics for successfully completing projects and developing professional partnerships. We understand that we represent the interests of the CCUA, while not only providing high-quality professional services, but also maintaining respect for the community, businesses, and property owners. In conclusion, ETM Survey is uniquely qualified to perform the services requested in the scope of services for this contract, as we have established and maintained our reputation for being responsive to our client’s needs throughout the duration of any project we are asssigned to. Our experience has provided us with a unique understanding of clients needs. We will leverage this experience to ensure that all projects under this contract are completed successfully. Our vast resources, equipment, and knowledge will ensure that schedules and quality expectations are met. EXECUTIVE SUMMARYiii Page 25 of 60 Tab 1Professional Staff Experience Page 26 of 60 ETM | Page 4 PROFESSIONALSTAFF EXPERIENCE1 In response to this RFQ, we propose a team focused on specialized technical excellence and goal-oriented achievements. We understand that this contract will be Task Assignment based, and will consist of a variety of elements that may be required throughout its duration. Therefore, we have assembled a team with extensive experience needed to successfully complete projects under this contract both on time and within budget. Each team member has an excellent record of surveying expertise which they focus on explicitly to provide a high-level of specialized service. Throughout the entire performance of this contract, we believe our quality of service and representation is as important as the quality of the deliverable work products. CCUA will be well supported by ETM Survey, as our professionals are some of the best in the industry. We consistently deliver a high-level of performance, reduce the potential for miscommunication and conflict, and promote greater efficiency by better aligning project goals with client objectives. Our experienced office staff and field technicians have the knowledge, resources, and qualifications to provide outstanding high-quality professional surveying and mapping services while maintaining their high standards and reputation for excellence. With almost a century of experience, ETM Survey will provide CCUA with innovative solutions and local, available staff for this contract. We have found that there is no substitute for an effective project start and the application of proven skill and experience throughout the life of a project. The ETM Survey team is experienced in monitoring compliance for plans and specifications. This compliments ETM Survey’s commitment to providing the highest quality of professional services that consistently exceeds the expectations of their clients. Our staff have decades of successful project experience and stand ready to serve as CCUA’s Trusted Advisors, Creating Community. RELEVANT TEAM EXPERIENCEWe have assembled a talented team of qualified professionals with substantial experience who possess the right leadership skills, expertise, and relationships with local resources to provide the necessary level of responsiveness to successfully complete the objectives identified in the RFQ. Our team is committed to maintaining continuation on this project for its duration. In the table to the right, we have included a visual representation of the relevant experience that our team possesses that will be vital to the successful completion of the projects under this contract. ETM Survey is proud to present the following key team contributors that are committed to the CCUA’s Surveying and Mapping Professional Services contract. Their qualifications are summarized on the following pages. KEY TEAM PERSONNEL Sc o t t G r a h a m Ri c k B e r r y Da v i d A s h l e y Li a C o m p a r i n i RE L E V A N T T E A M E X P E R I E N C E Topographic Surveys ●●● Boundary Surveys ●●● Right-of-Way Surveys ●●● Land Title Search ●● ALTA Surveys ●● Utility Surveys ●●● As-Builts ●●● Subsurface Utility Engineering (SUE)●●● Bathymetric & Hydrographic Surveys ● FEMA (LOMA) Surveys ●● FEMA Elevation Certificate ●● Stake-Out ●●● Layout ●●● Wetland Surveys ●● Tree Surveys ●● Control Surveys ●●● Lidar Surveys ●●● Photogrammetric Surveys ●● Laser Scanning ●●● Legal Descriptions ●●● Page 27 of 60 ETM | Page 5 KEY STAFF Rick Berry, PSM - Project SurveyorRelevant Project Experience: Mr. Berry is a surveyor with 18 years of experience in surveying and mapping. He has been involved in the management of multiple major survey projects in North/Central Florida and specializes in the preparation of right-of-way maps, boundary surveys, topographic surveys and ALTA/NSPS surveys. Mr. Berry assists in the day-to-day operations of surveying and mapping and the coordination of subsurface utility engineering. He has an extensive background with topographic surveys involving the procurement, assessment, and mapping of subsurface utility data. Lia Comparini, SIT - Lead Mapping Technician Relevant Project Experience: • City of Jacksonville Continuing Services Contract Ms. Comparini has three years of experience. At ETM Survey, she actively assists in multiple aspects of the survey process, from field data acquisition to processing of said data for insertion into MicroStation, AutoCAD, or TopoDOT software for final topographical, right-of- way, or boundary mapping. David Ashley - Project ManagerRelevant Project Experience: Mr. Ashley has years of progressive experience in the utility industry, including 20 years as an Operations and Maintenance Manager with JEA. His career emphasis includes electric, water and reuse distribution, and wastewater collection system construction, maintenance, and design. He was an integral leader in establishing JEA’s Reclaimed Water Rules and Regulation. In his current role, he is responsible for estimating, planning, scheduling, and QA/QC of our SUE services, and management of utility coordination, in addition to serving as a technical advisor to ETM’S engineering teams. Mr. Ashley’s hands-on utility experience is a proven commodity in streamlining matters with utility companies. He had direct involvement with land clearing, earthwork, drainage, underground utilities, subgrades, asphalt, concrete, and landscaping. Scott Graham, PSM - Principal-in-Charge/Client Services Manager/Lead/PLS Mr. Graham is a licensed surveyor with more than three decades of experience. He has managed FDOT transportation survey projects since 1996 and was the Chief Surveyor and Senior Surveyor on many high profile FDOT projects including 17th Street Causeway Bridge in Fort Lauderdale, the Ernest Lyons Causeway Bridge in Martin County, the Jensen Beach Causeway Bridge in St. Lucie County, the PGA Boulevard Flyover Atl. A1A in Palm Beach County and the I-95 Overland Bridge Project in Jacksonville. He was also the Chief Surveyor for the Fort Lauderdale International Airport expansion projects. Mr. Graham specializes in right-of-way mapping, boundary surveying, sectional retracement, topographic surveys and route surveys for transportation facilities. His expertise and relationships built over the past 30 years with various FDOT Districts were instrumental with ETM Survey being selected by District 2 for a second Districtwide Surveying and Mapping Continuing Services Contract of which he is the Chief Surveyor and point-of-contact for the contract. Relevant Project Experience: • Small Diameter Pipe Replacement Program, JEA, Duval County, Florida • Beverly Hills Septic Tank Phase Out Program, JEA, Jacksonville, Florida • Small Diameter Pipe Replacement Program, JEA, Duval County, Florida • Beverly Hills Septic Tank Phase Out Program, JEA, Jacksonville, Florida • JEA Wastewater Treatment Plant Surveys Page 28 of 60 ETM | Page 6 Scott Graham, PSM Principle in Charge / Client Service Manager / Lead / PLS Mr. Graham is a licensed surveyor with more than three decades of experience. He has managed FDOT transportation survey projects since 1996 and was the Chief Surveyor and Senior Surveyor on many high profile FDOT projects including 17th Street Causeway Bridge in Fort Lauderdale, the Ernest Lyons Causeway Bridge in Martin County, the Jensen Beach Causeway Bridge in St. Lucie County, the PGA Boulevard Flyover Atl. A1A in Palm Beach County and the I-95 Overland Bridge Project in Jacksonville. He was also the Chief Surveyor for the Fort Lauderdale International Airport expansion projects. Mr. Graham specializes in right-of-way mapping, boundary surveying, sectional retracement, topographic surveys and route surveys for transportation facilities. His expertise and relationships built over the past 30 years with various FDOT Districts were instrumental with ETM Survey being selected by District 2 for a second Districtwide Surveying and Mapping Continuing Services Contract of which he is the Chief Surveyor and point-of-contact for the contract. EDUCATION: YEARS OF EXPERIENCE: PROFESSIONAL REGISTRATIONS Denver Institute of Technology, Brinker School of Surveying, 1986 Total: 37 | with ETM: 10 CONTACT INFORMATION: GrahamS@etmsurvey.com (904) 265-3111 Florida Professional Surveyor and Mapper, L.S. No. 5546 PROJECT EXPERIENCE: Castleberry Road, City of Jacksonville, Florida - Project Surveyor responsible for preparing topographic route survey mapping that included establishing all rights-of-way including the railroad right-of-way and detailing all improvements within the right-of-way including sidewalks, driveways, asphalt/concrete aprons and curbs, storm inlets and sanitary sewer. Davis 9B Lands/JEA Sanitary Force Main to Bayard Subdivision, Jacksonville, FL - Project Surveyor responsible for providing right-of-way survey along an approximate 7,000 LF of force main corridor as well as multiple sketches and descriptions based on deed compilation. Old Dixie Highway Route Survey, Flagler County, Florida - Project Surveyor responsible for preparing a topographic route survey of an approximately 12,200 LF corridor of Old Dixie Highway, as well as providing benchmarks and subsurface utility engineering. Old Kings Road, Duval County, Florida - Project Surveyor responsible for right-of-way design survey tasks that included right-of-way control survey, topographic route survey and utility survey from existing Old Kings Road intersection at Forest Grove Drive extending north to Matanzas Woods Parkway. Protected tree survey for proposed right-of-way area was provided in addition to locating and mapping wetlands for an estimated 4,500-linear-feet of jurisdictional wetlands for permitting purposes. Limited topographic survey was also provided for various areas. First Coast Outer Beltway, FDOT District 2, Duval and Clay Counties, Florida - Principal Surveyor responsible for overseeing 3D survey, topographic survey, and right-of-way support for the new beltway around the Jacksonville regional area. The project alignment begins at I-95 approximately halfway between the CR 210 and International Golf Parkway Interchange and proceeds to the west crossing the St. Johns River south of the existing Shands Bridge, curves north through Clay County and connects to Blanding Boulevard (SR 21) and the existing Brannan-Field Chaffee Road project. The beltway then travels to the north and connects to I-10 west of Chaffee Road. Drainage Improvement Project on SR A1A, FDOT, St. Johns County, Florida - Senior Project Manager responsible for providing horizontal and vertical control, topographic survey, as-built survey, and locating all storm drainage pipes. SR 200 at Funks Creek - FDOT District 2, Clay County, Florida - Updated the Topographic and DTM survey of a 1-rnile section of SR 200 at Funks Creek Bridge. The project was also converted from a metric unit database to an English database. AFFILIATIONS: • Florida Surveying and Mappers Society • Northeast Florida ASHE CERTIFICATIONS: • Surveyor in Training Colorado, #845 • FDOT Survey Safety & Maintenance of Traffic • Railroad Worker Safety Training • E-Rail Safe Page 29 of 60 ETM | Page 7 David Ashley Project Manager Mr. Ashley has years of progressive experience in the utility industry, including 20 years as an Operations and Maintenance Manager with JEA. His career emphasis includes electric, water and reuse distribution, and wastewater collection system construction, maintenance, and design. He was an integral leader in establishing JEA’s Reclaimed Water Rules and Regulation. In his current role, he is responsible for estimating, planning, scheduling, and QA/QC of our SUE services, and management of utility coordination, in addition to serving as a technical advisor to ETM’S engineering teams. Mr. Ashley’s hands-on utility experience is a proven commodity in streamlining matters with utility companies. He had direct involvement with land clearing, earthwork, drainage, underground utilities, subgrades, asphalt, concrete, and landscaping. PROJECT EXPERIENCE: Small Diameter Pipe Replacement Program, JEA, Duval County, Florida - Five-year Program Management (PM) contract involving all SUE levels for design and PM of continuing pipe replacement contract. (UC, SUE Levels D-A (To date B - over 5 utility miles A - over 100 VVH) (ETM - Utility Coordination & SUE Management). Beverly Hills Septic Tank Phase Out Program, JEA, Jacksonville, Florida - UC for +/- 1-mile FM and full design of sanitary sewer system. UC, SUE Levels D-A (To date B - > 5 utility miles A - 15 VVH) (ETM - Utility Coordination & SUE Management). Cordova Palms, Jacksonville, Florida - Utility Coordination for new roadway (SR 313) connection to SR 5 (US 1) crossing dual railroad tracks. UC, SUE Levels D-A (10 VVH and 2 Mast Arms) (ETM - Utility Coordination & SUE Management). Silverleaf, Jacksonville, Florida - Utility Coordination for new roadway connection to SR 16. UC, SUE Levels D-A (12 VVH) (ETM - Utility Coordination & SUE Management). ENCPA Commerce Park, Jacksonville, Florida - Utility Coordination for new roadway connection to SR 200 (US 301). UC, SUE Levels D-A (15 VVH) (ETM - Utility Coordination & SUE Management). Union and State Street (US-23, US-17) Area Sewer Improvements, FDOT/JEA, Jacksonville, Florida - JEA- Utility Design Team, Utility Plan Review, Utility Construction Inspection. SR23 Outer Beltway, FDOT, Jacksonville, Florida - Relocate JEA Utilities for Roadway Project. (JEA - Utility Plan Review, Utility Construction Inspection). I-95 Overland Bridge Improvements, Main Street to Phillips Highway, FDOT, Jacksonville, Florida - Relocate JEA Utilities for Roadway and Sound Barrier Project. (JEA - Utility Design, Utility Construction Inspection). EDUCATION: YEARS OF EXPERIENCE: CONTACT INFORMATION: BA, Business Management, Jacksonville University, 2007 Total: 37 | with ETM: 4 AshleyD@etmsurvey.com (904) 376-6298 AFFILIATIONS: • Florida Water & Pollution Control, Operator Association CERTIFICATIONS: • Water Distribution System, Operator 1 • Wastewater Collection System, Operator A • Reclaimed Water Distribution Page 30 of 60 ETM | Page 8 Richard Berry, PSM Project Surveyor Mr. Berry is a licensed surveyor with 18 years of experience in surveying and mapping. He has been involved in the management of multiple major survey projects in North/Central Florida and specializes in the preparation of right-of-way maps, boundary surveys, topographic surveys and ALTA/NSPS surveys. Mr. Berry assists in the day-to-day operations of surveying and mapping and the coordination of subsurface utility engineering. He has an extensive background with topographic surveys involving the procurement, assessment, and mapping of subsurface utility data. He is proficient in MicroStation SS4 and Connect Edition with Open Roads Designer (Beta), AutoCAD - Civil 3D, Leica Captivate, TDS, Leica Infinity, and EFB-3. Locally, he is a member of the Florida Crown Chapter of the Florida Surveying and Mapping Society. EDUCATION: BS, Geomatics, University of Florida, 2012 YEARS OF EXPERIENCE: Total: 18 | with ETM: 4 CONTACT INFORMATION:BerryR@etmsurvey.com (904)265-3227 PROFESSIONAL REGISTRATIONS: Florida Professional Surveyor and Mapper No. L.S. 7045 AFFILIATIONS: •Florida Surveying andMapping Society,Florida Crown ChapterVice President PROJECT EXPERIENCE: Small Diameter Pipe Replaceme nt Program, Forbes Street, JEA, Duval County, Florida - Project Surveyor for topographic route survey along a network of roadways. Scope includes route survey for utility design purposes. Tasks include static GPS control (network design, mission planning, and processing of data into Microstation and AutoCAD), retracement of historic right-of-way calculations, assisted in QC of 3D survey data and coordination/assessment of subsurface utility engineering. Small Diameter Pipe Replacement Program, College Street Project, JEA, Duval County, Florida - Project Surveyor for topographic route survey along a network of roadways. Scope: route survey for utility design purposes. Tasks include static GPS control (network design, mission planning, and processing of data into Microstation and AutoCAD), retracement of historic right-of-way calculations, assisted in QC of 3D survey data and coordination/assessment of subsurface utility engineering. Beverly Hills Septic Tank Phase Out Program, JEA, Jacksonville, Florida - Project Surveyor for topographic route survey along a network of roadways. Scope: route survey for utility design purposes. Tasks include static GPS control (network design, mission planning, and processing of data into Microstation and AutoCAD), retracement of historic right-of-way calculations, assisted in QC of 3D survey data and coordination/assessment of subsurface utility engineering. Traffic Engineering Continuing Service Contract, TWOs #3, City of Jacksonville, Duval County, Florida - Project Surveyor and Assistant Project Manager for a 3D design survey utilizing both conventional survey and terrestrial Lidar High Density Laser scanning techniques for the intersection of Lake Park Drive and Palmdale Street. Responsible for Horizontal and Vertical control, right-of-way mapping. Tasks included QC of right-of-way lines and 3D design survey. CR 218 Extension Road, Clay County, Florida - Project Surveyor and Assistant Project Manager for route survey along a 1.0-mile corridor of CR 218 in Clay County. Scope includes route survey for design purposes. Responsible for field crew oversite and right-of-way mapping. Tasks included QC of right-of-way lines and 3D design survey. SR 5 (US 1), at Race Track Road, Duval County, Florida - Project Surveyor and Assistant Project Manager for a 3D design survey utilizing both conventional survey and terrestrial Lidar High Density Laser scanning techniques for approximately 1.2 miles of SR 5 and Race Track Road. Responsible for right-of-way line determination and field crew oversight. Tasks included QC of right-of-way for 3D design survey. CR 315, Clay County, Florida - Task Surveyor for route survey along a 2.75-mile corridor including all side streets, from Mallard Road to CR 214 in Clay County. Scope: route survey for design purposes. Tasks included, static GPS control (network design, mission planning, and processing of data into MicroStation), retracement of historic alignment and right of way calculations, assisted in QC of 3D survey data JTA FCF Cesery Bus Stop, JEA As-built, Duval County, Florida - Project Manager for as-built survey of new Sanitary FM along Arlington Expressway, per JEA as-built standards. Responsible for field crew oversite and as-built mapping/submittal. Tasks included utility coordination and mapping and deliverables. Page 31 of 60 ETM | Page 9 Lia Comparini, SIT Lead Mapping Technician Ms. Comparini is a Surveyor in Training where she actively assists in multiple aspects of the survey process, from field data acquisition to processing of said data for insertion into MicroStation, AutoCAD, or TopoDOT software for final topographical, right-of-way, or boundary mapping. EDUCATION: BS, Geomatics, University of Florida, 2021 YEARS OF EXPERIENCE:Total: 3 | with ETM: 3 CONTACT INFORMATION: CompariniL@etmsurvey.com (904) 642-8550 PROJECT EXPERIENCE: JEA Smal Diameter Pipe Replacement Program, Pine Street, Topo Survey - Survey Analyst responsible for preparing a 3D topographic survey using conventional techniques. Responsible for project coordination, field crew oversight and right of way determination Forbes Street - Survey Services, JEA, Florida - Survey Technician responsible for extracting high density scan data to accurately provide topographic survey mapping and combining it with collected conventional surveying data in the production of the topographic, drainage and route survey. JEA Small Diameter Pipe Replacement Program - West Palm Ave – Topo Survey - Party Chief for a 3D design survey utilizing conventional survey techniques. Tasks include establishing vertical and horizontal control, and right of way determination. Responsible for right-of-way line determination and field crew oversight. JEA Small Diameter Pipe Replacement Program – McConihe St – Topo Survey - Party Chief for a 3D design survey utilizing conventional survey techniques. Tasks include establishing vertical and horizontal control, and right of way determination. Responsible for right-of-way line determination and field crew oversight. SR 16 - Survey Analyst responsible for extracting high density scan data to accurately provide topographic survey mapping and combining it with collected conventional surveying data in the production of the topographic, and drainage. Responsible for project coordination, field crew oversight, and right-of-way determination. Bridle Creek - Survey Technician responsible for extracting high density scan data to accurately provide topographic survey mapping and combining it with collected conventional surveying data in the production of the topographic, and drainage. SR 9A (I-295 West) PD&E, FDOT District 2, Jacksonville, Florida (2023) - Survey Analyst responsible for preparing the control layout and project coordination. Radar Road, Clay County, Florida - Survey Analyst responsible for preparing the control layout and flight plan for an aerial topographic survey. Survey Analyst responsible for extracting high density scan data to accurately provide topographic survey mapping and combining it with collected conventional surveying data in the production of the topographic, and drainage. Responsible for project coordination, field crew oversight and right of way determination. Silverleaf CR16A to SR16, Topo & Wets, St. Johns County, Florida - Survey Technician responsible for preparing the control layout and flight plan for an aerial topographic survey. Arnold Road Industrial, Topo & Route - Survey Technician responsible for preparing the control layout and flight plan for an aerial topographic survey. SR 5 (US 17/Main Street), FDOT District 2 - Survey Analyst responsible for extracting high density scan data to accurately provide topographic survey mapping and combining it with collected conventional surveying data in the production of the topographic, drainage and route survey encompassing approximately 1.5 miles. . CERTIFICATIONS: •SUAS Certificate Page 32 of 60 ETM | Page 10 Scott Graham, PSM 1 Principal-in-Charge/Client Service Manager /Lead/PLS Rick Berry, PSM1 Project Surveyor David Ashley1 Project Manager Surveyor in Training Lia Comparini, SIT 1 Lead Mapping Technician Subcontractor ETM | Page 10 1 = Jacksonville, Florida Location ETM Surveying & Mapping, Inc.Smith Surveying Group, inc. Team LEGEND Tom Smith, PSM1 Land Surveyor ORGANIZATIONAL CHART Page 33 of 60 ETM | Page 11 PROFESSIONAL LICENSES Page 34 of 60 ETM | Page 12 PROFESSIONAL LICENSES Page 35 of 60 Tab 2Company Experience and Past Performance Page 36 of 60 ETM | Page 13 COMPANY EXPERIENCEAND PAST PERFORMANCE2 ETM Survey has successfully undertaken many Continuing Services Contracts such as this one, that typicallyinclude topographic surveys, boundary surveys, right-of-way surveys, land title searches, ALTA surveys, utility surveys, as-builts, Subsurface Utility Engineering (SUE), bathymetric and hydrographic surveys, FEMA (LOMA) surveys, FEMA elevation certificate, stake-out, layout, wetland surveys, tree surveys, control surveys, Lidar surveys, photogrammetric surveys, laser scanning, and legal descriptions. CONTINUING SERVICES CONTRACT EXPERIENCEOur experience with continuing contracts for public agencies has afforded us the opportunity to work on a variety of smaller magnitude, shorter duration projects which have included surveying and mapping contracts. These projects have included surveying and mapping projects which were completed for public agencies including JEA, New Smyrna Beach Utilities Commission, City of Palm Coast, City of Jacksonville, FDOT District 2, City of St. Augustine, Clay County, St. Johns County, Flagler County, Nassau County, Jacksonville Aviation Authority, and Florida Department of Environmental Protection (FDEP). Our firm is proud of the services we have provided under these contracts. We believe that we have truly acted as a partner to assist our clients in successfully accomplishing their project goals, and serving as their Trusted Advisors, Creating Community. JEA ETM Survey was contracted by JEA to provide SUE and locate services on this contract. The scope of work includes SUE and locate services generally located within the Nassau County, Duval County, and St. Johns County areas on an as-needed basis. The purpose of the SUE and locate services is to physically locate and identify underground utility lines providing Quality Level A services, otherwise known as test holing or pot holing, to locate a utility horizontally and vertically by survey measurements. City of Jacksonville ETM Survey was contracted by the City of Jacksonville to provide miscellaneous surveying services. The scope of work consists of various types of surveys for roadway and drainage projects, including utility location surveys, public building sites, right-of- ways, easements, recreational sites, and other specified boundaries as requested by the City’s engineering division on an as-needed basis. Flagler County ETM Survey was contracted by Flagler County to provide professional surveying and mapping services. The scope of work includes topographic survey, property/boundary survey, construction layout, title work/deed investigation, GPS data collection, tree surveys, right-of-way surveys, wetland surveys, utility/public infrastructure surveys, and specific purposes surveys. It also included optional specialty services including aerial orthophotography, aerial lidar, mobile data collection, GIS database creation and management, bathometric surveys, land purchase/management feasibility, and due diligence studies. Page 37 of 60 ETM | Page 14 RELEVANT TEAM EXPERTISE Our team has significant expertise providing specialized services that are applicable to the type of projects under this contract. Specifically, our project team’s experience in the following areas ensures that projects of this type will be completed professionally and efficiently. Roadway Design Surveys ETM Survey has surveyed miles of roadway with conventional survey techniques and static terrestrial Lidar. We are experts in blending the data from both survey data into a single seamless survey deliverable for the engineers to use. Projects include:• Beverly Hills East• College Street Static and Mobile Terrestrial Lidar Services ETM Survey has worked on multiple projects where we have combined Mobile Lidar data and Static Terrestrial Lidar data to prepare a single 3D file for engineering design. Lidar data provides a level of coverage that conventional survey techniques do not, enabling us to extract additional data that was not part of the original scope without returning to the field. Projects include:• Town Center Parkway• Spanish Street Sectional and Right-of-Way Retracement ETM Survey has a vast library of sectional, right-of-way, and land boundary information in our archives. This gives us unique access to non-public information on sectional and right-of-way data. We have extensive experience retracing sectional and right-of-way information for both public and private projects. Projects include:• SR 51• SR 200• Old Middleburg Road Aerial Lidar ETM Survey has completed many projects using Unmanned Aerial Systems (UAS) carrying a Lidar sensor. Projects include:• Jacksonville Jaguars Practice Facility• Shipyards in Downtown Jacksonville Page 38 of 60 ETM | Page 15 INNOVATIVE TECHNOLOGY-BASED CAPACITIES ETM Survey meets all requirements of this contract and is authorized and licensed by the State of Florida to perform the professional services required. We commit to providing the top professional supervision and technical support required to complete every task assignment in a thorough and expeditious manner. Our experienced office personnel and field crews are qualified to perform surveying on all projects that will be assigned. Aside from conventional survey experience acquired from years of successfully completing projects, ETM Survey’s personnel have training in Autodesk Civil3D/MicroStation SS4, TopoDOT, Three-Dimensional High Definition Terrestrial Based Lidar Scanning, Global Positioning System (GPS), Leica Geo-Office, and various types of Data Collection. In addition, we make safety a high priority for both our personnel and the motoring public, wherein all ETM Survey field personnel have FDOT Temporary Traffic Control (TTC) Certifications, as well as E-RAILSAFE certifications, On Track Worker Safety Certification for both CSX and Norfolk Railroads. ETM Survey also maintains two field survey crews with the 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) certification. Equipment, Software and Facilities In addition to our state-of-the-art office equipment, our full-size 4-wheel drive trucks are equipped with standard survey equipment. Our SUE crews are equipped with electronic locators, Ground Penetrating Radar (GPR) and truck mounted vacuum excavation equipment which, when combined with our survey technology, can provide state-of-the-art full- service utility location and mapping. ETM Survey utilizes the following specialty survey equipment: Field Equipment• LEICA GPS with Glonass• LEICA Robotic and Conventional Total Stations• LEICA Digital Levels• Carlson Surveyor Data Collectors• Hydrolite Single Beam Sonar• Surface Pro Computers with LTE• Freightliner Vacuum Excavation Trucks• LEICA Ground Penetrating Radar Units• LEICA Ultra Cable Locators• LEICA Terrestrial Lidar Scanners• Harris H6 Gas/Electric Hybrid Drone• Riegl VUX-1 Lidar Scanner• DJI photogrammetry Drone Office Equipment and Software• Dell, HP, and Puget Sound Computers• AutoCAD Civil 3D 2019• Microstation SS10 & Open Roads Designer• GeoPak, Survey, Roads and Site• LEICA Cyclone• LEICA Captivate Software• LEICA Infinity Software• Riegl Riprocess UAV Software• Terrascan Software• Terra Model Software• Terra Match Software• ArcGis 10.2• Star*Net Page 39 of 60 ETM | Page 16 Jacksonville, Florida SMALL DIAMETER PIPE REPLACEMENT PROGRAM Project Size: 200 Miles of Galvanized PipeProject Cost: $1.5 Million Project Timeframe: 2020 - 2022Project Stage: Under Construction/In Design Description:ETM Survey coordinated with England-Thims & Miller, Inc. on the JEA Small Diameter Pipe Replacement Program (previously the Galvanized Pipe Replacement Program) which is a 5-year program management contract. Our team was responsible for survey and all SUE levels for design and project management of this continuing pipe replacement project. The need for this program was driven by a continued increase in water breaks and leaks that occur as a result of over 200 miles of galvanized pipe that exists in the JEA service area. The program was created to replace these aging, corroded pipes, resulting in improved water pressure, water quality, and increased fire protection coverage. Client: JEAContact: Justin Sencer, Water/Wastewater EngineerPhone Number: (904) 665-6826Email: SencJB@jea.com Key Team: David Ashley Rick Berry, PSM Scott Graham, PSM Major Project Components: • Topographic Route Survey• Right-of-Way Survey• Land Title Search• Utility Survey• Tree Survey • Control Survey• Lidar Survey• Laser Scanning • Subsurface Utility Engineering Page 40 of 60 ETM | Page 17 Jacksonville, Florida Client: JEAContact: Mike Williams, Water/Wastewater EngineerPhone Number: (352) 213-3060Email: WillMs@jea.com Project Size: 260 ParcelsProject Cost: $340,000 Project Timeframe: 2019 - 2020Project Stage: Under Construction BEVERLY HILLS SEPTIC TANK PHASE OUT PROGRAM ETM | Page 17 Description: ETM Survey coordinated with England-Thims & Miller, Inc. to provide central sewer service and upgraded water service to over 260 parcels in the Beverly Hills East neighborhood. The project will also provide the greater Jacksonville community with a cleaner and healthier St. Johns River through the removal of detrimental surface water nutrients in accordance with the City’s Basin Management Action Plan (BMAP) and Florida Department of Environmental Protection (FDEP) goals. The scope included a route survey for utility design purposes. Tasks include static GPS control (network design, mission planning, and processing of data into Microstation and AutoCAD), retracement of historic right-of-way calculations, assisted in QC of 3D survey data, and coordination/assessment of subsurface utility engineering. Major Project Components: Key Team: Rick Berry, PSM David Ashley Tom Smith, PSM (Smith Surveying Group) • Topographic Route Survey• Right-of-Way Survey• Land Title Search• Utility Survey• Tree Survey • Control Survey• Lidar Survey• Laser Scanning• Subsurface Utility Engineering Page 41 of 60 ETM | Page 18 ETM | Page 18 Jacksonville, Florida Client: JEAContact: Andy May, CoordinatorPhone Number: (904) 759-8035Email: mayar@jea.com Project Size: Southwest WRF: +/- 33 Acres Cedar Bay WRF: +/- 20 Acres Arlington East WRF: +/- 36 Acres JEA WASTEWATER TREATMENT PLANT SURVEYS Project Cost: $81,865.00 (Southwest WRF) $25,593.00 (Cedar Bay WRF) $37,194.00 (Arlington East WRF)Project Timeframe: 2023 - 2023Project Stage: Complete Major Project Components: • Boundary Survey• Topographic Survey• Tree Survey Mapping • Miscellaneous Survey Related Support Key Team: Cliff Colyer Rick Berry, PSM Description: Assist CDM Smith/JEA in completing early-phase planning activities for the implementation of JEA’s Surface Water Discharge Elimination program at JEA’s Southwest Water Reclamation Facility, Cedar Bay Water Reclamation Facility, and Arlington East Water Reclamation Facility performing survey services including boundary survey, topographic survey, wetland delineation line mapping, specimen tree survey, and miscellaneous related surveying services for the vacant lands adjacent to each of the Water Reclamation Facilities proposed for the purification facilities and deep injection wells associated with the Surface Water Discharge Elimination program. Page 42 of 60 Tab 3Project Approach and Work Plan Page 43 of 60 ETM | Page 19 PROJECT APPROACHAND WORK PLAN3 SAMPLE PROJECT APPROACHTask 1: Topographic Route SurveyETM Survey will prepare a boundary and topographic route survey for design purposes of Lakeview Street and Hilltop Street from SW Pecan Street to Nightingale Street totaling approximately 3,200 LF of roadway as depicted on the graphic received from CCUA labeled as Exhibit “A”. The roadway will be laser scanned with our Terrestrial Lidar system to be able to provide data for the proposed improvements as necessary during the design process. Any obscure areas will be surveyed with conventional tripod survey techniques. The surveyed data will be referenced to NAD83/2011 horizontal datum and NAVD88 vertical datum. The limits of the survey will extend from right-of-way to right-of-way plus 10 feet. The survey will also extend 100 feet past the curve returns along SW Pecan Street and Nightingale Street at their intersection with Lakeview Street and Hilltop Street. We will conduct a limited right-of-way control survey to accurately determine and place the right-of-way of the above referenced limits. This effort will include the survey of subdivisions adjoining the project corridor, research of plats, and right-of-way maps available in the Public Records of Duval County and from the FDOT. A Baseline of Survey will also be provided and staked in the field at the begin and end survey limits and one station at the baseline midpoint. The location and mapping of improvements will be limited to above ground visible evidence only. Pipe sizes, types and inverts will be obtained where accessible from the surface through manholes and inlets. The deliverables will consist of digital data (Cadd) files of the survey data in a format specified by CCUA and suitable for civil engineering design and a signed and sealed boundary and topographic survey. Task 2: Utility Investigation, SUE ServicesSubsurface Utility Services (SUE) - Oakwood Drive/Arlington RoadETM Survey will provide SUE services for the project described above and as depicted on the graphic provided by CCUA and labeled as Exhibit “A”. Through our initial design ticket through Sunshine811, we have found four utility owners with five utilities within our project vicinity with approximately 14,000 LF of utilities to be designated. The limits of utility designating are as depicted on Exhibit “A”. This scope of services also includes providing up to 10 VVH locations on existing utilities as directed by the Engineer-of-Record for obtaining confirmation of various subsurface utility types and depths (to top of service or pipe) sufficient for engineering design purposes. The underground utility designations and clearances will be surveyed and incorporated into the digital file and signed and sealed survey from Task 1. This scope of services does not include providing subsurface excavation on designated utilities or within active roadways. If needed, this will require additional services, including costs for restoration, maintenance of traffic and/or permits. Page 44 of 60 ETM | Page 20 MEETING STANDARDS AND REGULATIONS The proposed scope of services will comply with the Florida Board of Professional Surveyors and Mappers Standards of Practice per chapter 5J-17, Florida Administrative Code, pursuant to Chapter 472, Florida Statutes. SCHEDULE Scope Development with CCUA Research of Existing Utility Information 2 Days Research of Existing Right-of-Way and Baseline Information 2 Days Right-of-Way and Baseline Monumentation Recovery 4 Days Utility Designation and Location Survey 3 Days Mapping of Utilities 1 Day Right-of-Way and Baseline Determination 2 Days Topographic Survey Data Collection 6 Days Boundary and Topographic Survey Preparation from Laser Scan Data 12 Days Drainage As-Builts 3 Days Utility Quality Level A (VVH) Locations 2 Days Total Field Days Survey 13 Days Utility 5 Days Office Time Principal-in-Charge 6 Hours Project Surveyor 25 Hours Project Manager 25 Hours Lead Mapping Technician 80 Hours No Survey Subcontractors FIRM’S UNDERSTANDINGETM Survey has completed hundreds of miles of topographic route surveys for the design of underground facilities. We understand the necessity of proper determination of the existing right of way limits, research for existing easements, and making sure that all existing features are properly located and mapped. Our use of terrestrial laser scanning ensures that we do not need to remobilize to the site for additional information and allows us to perform clash detection for proposed improvements for the client. The laser scanning also gives us a day of survey 3D snapshot of all existing conditions of the project corridor. Terrestrial laser scanning allows us to capture data in the field much faster than conventional survey techniques which translates to cost savings for the client in addition to a great time savings too. The project data is delivered digitally with a signed and sealed boundary and topographic survey following shortly after the digital delivery. By titling the survey as a boundary the client is assured that the project will be successful and there will be no surprises during design and/or construction with right of way issues and that the survey and utility location part of the project will be completed on time and on budget for the Engineers to begin their work. PROJECT DELIVERY PROCESSOur process for delivery of digital files allows us to submit baseline and right of way information early in the survey process to give the Engineers a jump start on their project layouts and identify any potential right of way issues with their proposed design. Page 45 of 60 ETM | Page 21 QUALITY ASSURANCE/QUALITY CONTROL (QA/QC) As a consultant for CCUA, monitoring the compliance of plans and specifications is standard procedure for every project we are tasked for with specific focus on professionalism, quality, timeliness, and safety. As a custodian to protecting the interests of the taxpayers, ensuring adherence to the plans and specifications is paramount to our professional responsibilities as a representative of CCUA. Our history of success working with other government entities and the private contracting community is a testament to our ability to comply with project plans and specifications. The key to ensuring project success is having qualified, experienced, and responsible field and office personnel who can identify possible problems and who can appropriately apply good judgment to meet the unexpected challenges of field and “real world” conditions. The ETM Survey team provides this quality by: • Recognizing the strengths of individual team members.• Utilizing qualified people to work in their areas of expertise (applying relevant experience to specific work tasks).• Challenging all project personnel to be experts in their industry and to maintain their expertise by keeping abreast of industry trends and tendencies.• Learning from our collective experience on similar types of projects.• Applying those lessons learned to potential problems on new projects.• Having open and continuous team communication. An internal QA/QC program is used as a daily process at every level of service to ensure tasks are completed in accordance with proper accuracy and procedures. The primary goal of our Quality Assurance Program (QAP) is to assess whether our surveying services are meeting the Commission’s expectations and contract requirements while also initiating processes to improve team services. With direct input from Commission staff, the ETM Survey team will incorporate the following initiatives in a program that manages project performance and ensures high quality deliverables: • Divide work efforts among staff according to their individual strengths.• Review changes in work tasks and anticipate if supplemental work forces are needed for response to changing field conditions.• Review with each team member the needed “tools of the trade” that can provide increased productivity to react to the needs of the Commission and the public in an efficient and timely manner.• Coordinate with Commission staff to determine priorities in order to logistically and equitably distribute staffing efforts in the field as based on logical geographic proximity.• Establish a protocol that will allow open communication in the organizational plan to encourage a shared sense of responsibility among team members. Page 46 of 60 Tab 4Other Page 47 of 60 ETM | Page 22 SMITH SURVEYING GROUP, LLC - LAND SURVEYING SERVICES Address: 9770 Old Baymeadows Road, Suite 121, Jacksonville, Florida 32256 Phone Number: (904) 260-6300 Total Years Experience: 41 YearsYears Working with ETM: 19 Years Smith Surveying Group, LLC is a certified Jacksonville Small and Emerging Business (JSEB) vendor with extensive JEA and City of Jacksonville projects that have been completed. They are also a certified LSBE and a Micro-LSBE vendor with the JTA along with being certified as a Small Business Enterprise (SBE) for certain Federal and State governmental agencies. Their firm offers robotic reflectorless surveying instrumentation for those specialized projects that require safety and distance for human operators. GPS observation services (both static and kinetic) and conventional land survey techniques are also used on a daily basis. Static and mobile laser scanning, UAV drone mapping, Subsurface Utility Engineering designations (SUE) and hydrographic services are available for projects that require such specialized services. PROJECT EXPERIENCE: OTHER4 SUBCONTRACTOR To complement ETM Survey’s staff, we have partnered with a specialty subconsultant to provide aerial mapping and hydrographic surveying services. The subcontractor chosen for our project team has outstanding qualifications and experience. We have teamed with Smith Surveying Group on previous projects and have complete confidence that our combined efforts will provide exceptional professional surveying and mapping services to CCUA. Beverly ills Septic Tank Phase Out (JEA)Smith Surveying Group has provided all the land surveying, right-of-way surveying, engineering design topography, SUE locations, and septic tank locations for the Beverly Hills Septic Tank Phase Out Project. This project is implemented to replace 483 existing septic tank services along with new water mains in the subdivision with a modern treated sewer system. Services include right-of-way determination, civil engineering design survey for the right-of-ways, SUE locations, and location of existing private houses/existing septic tanks. Riverplace Boulevard Bicyle and Pedestrian Improvement Road Diet (City of Jacksonville)Smith Surveying Group provided construction surveying and as-builts on this project which included slimmer traffic lanes in exchange for protected bike paths, off-street parking, wider sidewalks, built-in bus stops, and upgraded landscaping. Harts Road Force Main Route Survey (JEA)Smith Surveying Group provided route survey of 11,000 LF consisting of full design topographic, tree, wetlands, and boundary survey for design of force main. Page 48 of 60 ETM | Page 23 LITIGATION ETM Survey does not have any past and/or pending litigation relating to the work described herein that our firm has been involved in over the last five years within the states of Florida and Georgia. Page 49 of 60 ETM | Page 24 FINANCIAL INFORMATION ETM Survey is a Florida Corporation headquartered in Jacksonville, Florida. ETM Survey has never filed a claim against our professional liability insurance. Our professionally licensed surveyors regularly complete professional development courses and Continuing Education courses in Survey and our in-house QA/QC program is utilized to review the thought processes behind each and every project. ETM Survey is financially sound and has the necessary resources, both human and financial, to provide the services at the level required. Should the need arise by CCUA, ETM Survey is prepared to supply a financial statement, upon request. Page 50 of 60 ETM | Page 25 REQUIRED FORMS ADDENDUM ACKNOWLEDGEMENT FORM It is the Respondent’s responsibility to ensure their receipt of all addenda, and to clearly acknowledge all addenda within their initial bid or proposal response. Failure to acknowledge each addendum may prevent the bid or proposal from being considered for award. Respondent shall acknowledge below the receipt of all addenda, if any. ADDENDUM NO. __________________________ DATED_____________________________ ADDENDUM NO. __________________________ DATED_____________________________ ADDENDUM NO. __________________________ DATED_____________________________ ADDENDUM NO. __________________________ DATED_____________________________ ADDENDUM NO. __________________________ DATED_____________________________ ADDENDUM NO. __________________________ DATED_____________________________ Respondent Name: _________________________________________________________________ Respondent Signature: _________________________________________________________________ Respondent Address: _________________________________________________________________ Respondent Email Address: _________________________________________________________________ Respondent Phone Number: _________________________________________________________________ Date: ____________________________________________________________ 1 August 3, 2023 2 August 11, 2023 3 August 17, 2023 Scott A. Graham, PSM, Vice President 14775 Old St. Augustine Road, Jacksonville, FL 32258 GrahamS@etmsurvey.com (904) 642-8550 August 24, 2023 Page 51 of 60 ETM | Page 26 REQUIRED FORMS CONFLICT OF INTEREST CERTIFICATE Soliciatation No. Vendor must execute either Section 1 or Section II hereunder, as required by Florida Statutes 112. Failure to execute either section may result in the rejection of this bid/proposal. SECTION I I hereby certify that no official or employee of the Clay County Utility Authority (Authority), a special district in the State of Florida, requiring the good or services described in these specifications has a material financial interest in this company. Signature Company Name Name of Official (Type or Print) Business Address City, State, Zip Code SECTION II I hereby certify that the following named public official(s) and/or employee(s) of the Authority having material financial interest(s) (in excess of 5 percent) in this company have filed a Conflict of Interest Statement with the Clay County Utility Authority, 3176 Old Jennings Road, Middleburg, Florida 32068, prior to the time of bid opening. Name Title of Position Date of Filing Signature Company Name Name of Official (Type or Print) Business Address City, State, Zip Code Public Official Disclosure The Authority requires that a public official who has financial interest in a bid or contract make a disclosure at the time that the bid or contract is submitted or at the time that the public official acquires a financial interest in the bid or contract. Please provide disclosure, if applicable, with bid. Public Official Position Held Position or Relationship with Bidder ETM Surveying & Mapping, Inc. Scott A. Graham, PSM, Vice President 14775 Old St. Augustine Road Jacksonville, FL 32258 2022/2023-A22 N/A Page 52 of 60 ETM | Page 27 REQUIRED FORMS DRUG FREE WORKPLACE COMPLIANCE FORM IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied Offerors have a drug-free workplace program. To have a drug-free workplace program, a business shall: 1)Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,possession, or use of a controlled substance is prohibited in the workplace and specifying theactions that will be taken against employees for violations of such prohibition. 2)Inform employees about the dangers of drug abuse in the workplace, the business's policy ofmaintaining a drug-free workplace, any available drug counseling, rehabilitation, and employeeassistance programs, and the penalties that may be imposed upon employees for drug abuseviolations. 3)Give each employee engaged in providing the commodities or contractual services that are underbid a copy of the statement specified in subsection (1). 4)In the statement specified in subsection (1), notify the employees that, as a condition of workingon the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolocontendere to, any violation of chapter 893 or of any controlled substance law of the UnitedStates or any state, for a violation occurring in the workplace no later than 5 days after suchconviction. 5)Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who isso convicted. 6)Make a good faith effort to continue to maintain a drug-free workplace through implementationof this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. _____________________________ Offeror's Signature Page 53 of 60 ETM | Page 28 REQUIRED FORMS NON-COLLUSION AFFIDAVIT The undersigned being first duly sworn as provided by law, deposes,and says: 1.This Affidavit is made with the knowledge and intent that it is to be filed with the Clay CountyUtilityAuthority, Clay County, Florida and that it will be relied upon by said County, in anyconsideration which may give to and any action which it may take with respect to this Bid. 2.The undersigned is authorized to make this Affidavit on behalf of,________________________________________________________________________(Name of Corporation, Partnership, Individual, etc.) A _________________________________, formed under the laws of _______________ of which he is____________________________________________________________ (Sole Owner, partner, president, etc.) 3.Neither the undersigned nor any other person, firm or corporation named in above Paragraph 2,nor anyone else to the knowledge of the undersigned, have themselves solicited or employedanyone else to solicit favorable action for this Bid by the Authority, also that no head of any department or employee therein, or any officer of the Authority, is directly interested therein. 4.This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 2 has not colluded, conspired, connived or agreed directly or indirectly with any bidderor person, firm or corporation, to put in a sham Bid, or that such other person, firm orcorporation, shall refrain from bidding, and has not in any manner, directly or indirectly, soughtby agreement or collusion, or communication or conference with any person, firm or corporation,to fix the prices of said proposal or proposals of any other bidder; and all statements contained inthe proposal or proposals described above are true; and further, neither the undersigned, nor theperson, firm or corporation named above in Paragraph 3, has directly or indirectly submitted saidproposal or the contents thereof, or divulged information or data relative thereto, to anyassociation or to any member or agent thereof. ______________________________________________(AFFIANT) TAKEN, SWORN, AND SUBSCRIBED TO BEFORE ME this _____day of ____________, 20___. ______________________________________________________________________________Notary Public ______________________________________________________________________________(Print, Type or Stamp Commissioned Name of Notary Public) Corporation Florida Vice President 24 August Medina Hadziavdic ETM Surveying & Mapping, Inc. 23 Page 54 of 60 ETM | Page 29 REQUIRED FORMS 00420-1 [Insert Project No.]PUBLIC ENTITY CRIMES FORM[Insert Project Name] [Insert Prepared Date SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL, AUTHORIZED TO ADMINISTER OATHS. 1.This sworn statement is submittedto Clay County Utility Authority (print name of public entity) by (print individual’s name and title)whose business address is and (if applicable) its Federal Employer Identification Number (FEIN)is (If the entity has no FEIN, include Social Security Number of the individual signing this swornstatement: 2.I understand that a “public entity crime” as defined in Paragraph 287.133 (1) (G), Florida Statutes means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States,including,butnot limitedto,any bid or contract forgoods or servicestobeprovidedtoanypublicentity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3.I understand that “convicted” or “conviction” as defined in Section 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court of record, relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4.I understand that an “affiliate” as defined in Paragraph 287.133 (1) (A), Florida Statutes,means: a.A predecessor or successor of a person convicted of a public entity crime;orb.An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered anaffiliate. 5.I understand that a “person” as defined in Paragraph 287.133 (1) (E), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which aids or applies to bid on contracts for the provision of goods or services led by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6.Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statementapplies.] Scott A. Graham, PSM, Vice President 14775 Old St. Augustine Road, Jacksonville, FL 32258 59-2243236 Page 55 of 60 ETM | Page 30 REQUIRED FORMS 00420-2[Insert Project No.]PUBLIC ENTITY CRIMES FORM[Insert Project Name] [Insert Prepared Date Neither the entity submitting this sworn statement nor any of its officers, directors, executives, partners, shareholders,employees,members,oragentswhoareactiveinthe managementoftheentity,noranyaffiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDASTATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) (Date) STATE OFCOUNTY OF Sworn to (or affirmed) and subscribed before me by means of տ physical presence or տ online notarization, on this _____ day of , 20___, by ____________________________ (name of individual signing), who is personally known to me or who produced as identification. My commission expires: NOTARY PUBLIC Print Name:  personally known to me August 24, 2023 Florida Duval 24th August Scott A. Graham Medina Hadziavdic Page 56 of 60 ETM | Page 31 REQUIRED FORMS PUBLIC RECORDS COMPLIANCE ACKNOWLEDGEMENT Bid No. Vendor must execute this form. Failure to submit this form shall result in rejection of this bid. I hereby agree that our firm or organization, employees, subcontractors and for those I am legally liable shall comply with Chapter 119.071(3), Florida Statutes, and will not divulge, furnish or make available to any third person, firm or organizations hereunder, or in the course of judicial or legislative proceeding where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by the firm or organization, any sub-vendor(s), or subcontractor(s), pursuant to this Agreement. Subject to the foregoing provisions and law applicable to confidential information, shall keep and maintain public records required by the Authority, which is a public agency, in order for the firm or organization to perform services and the work required by the Scope, and upon request from the Authority’s custodian of public records, firm or organization 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 firm or organization shall require all its employees, sub vendors(s) and subcontractor(s) to comply with provisions of this paragraph. Signature Company Name Name of Certifying Official (Type or Print) Business Address City, State, Zip Code ETM Surveying & Mapping, Inc. ETM Surveying & Mapping, Inc. Scott A. Graham, PSM 14775 Old St. Augustine Road Jacksonville, FL 32258 2022/2023-A22 Page 57 of 60 14775 Old St. Augustine Road Jacksonville, Florida 32258 (904) 642-8550 www.etminc.com Page 58 of 60 Exhibit C DRAFT SUPPLEMENTAL AGREEMENT TEMPLATE Supplemental Agreement No. X to Surveying and Mapping Professional Services RFQ Agreement 2022/2023-A22 to provide Professional Surveying and Mapping services for the [Insert the Name of the Project]. Engineer: Owner: Clay County Utility Authority Date: [Insert Date] Item Description of Services Provide Surveying and Mapping Professional Services as requested and identified in the attached scope of services and fee proposal dated xxxxx Task 1 [Insert Description] $ XX.00 Total Cost Plus Expenses Not To Exceed Without Prior Authorization $ XX.00 All tasks are to be completed no later than ___ weeks after the Notice to Proceed has been issued. This document, along with the attached scope and fee request and the ________ __, 2023 Fee Proposal, shall become an amendment to the RFQ Agreement 2022/2023-A22 and all provisions of the Agreement will apply hereto. Accepted by: Date: Engineer: [Insert Name of Firm] Accepted by: Date: Owner: Jeremy Johnson, Executive Director Clay County Utility Authority Page 59 of 60 1 ETM Survey and SUE Loaded Rates for Surveying and Mapping Professional Services Continuing Contract Clay County Utility Authority (CCUA) Loaded RateSurvey and SUE Office Personnel $223.07SUR Chief Surveyor $159.91SUR Project Surveyor SUR Director of Right-of-Wa $165.30y Mapping $111.02SUR Project Manager $104.60SUR Survey Analyst 3 (Senior) $ 69.22SUR Secretary/Clerical $122.21SUE Sr. Utility Coordinator $ 71.31SUE Analyst 2 Loaded RateSurvey and SUE Field Personnel $175.42SUR Two Person Field Crew $238.29SUR Three Person Field Crew $301.17SUR Four Person Field Crew $378.02SUR Five Person Field Crew $205.96SUE Two Person Field Crew $264.04SUE Three Person Field Crew $322.11SUE Four Person Field Crew Exhibit D Page 60 of 60