HomeMy WebLinkAbout08.b EDB Ardurra Miller St WRF 1st Amendment RFQ25-26-A01 EXECUTIVE SUMMARY
AGENDA ITEM:
Proposed Agreement, including Amendments, with Ardurra Group, Inc. (Ardurra) to provide engineering
and design services for the Miller Street Water Reclamation Facility (WRF) Rehabilitation and Upgrades
(Project).
RFQ No.: 2025/2026-A01
Job Number: 2201-0178
Financial Job Number: 23004RR
Date: February 23, 2026
BACKGROUND:
Staff request approval of the attached Agreement, and authorization to execute the amendments outlined
below, with Ardurra, to provide engineering and design services for the Project. On December 16, 2025,
staff presented the results of the Request for Qualifications (RFQ) process to the Board of Supervisors,
establishing Ardurra as the most qualified engineering design firm for this project. At that time, staff
requested authorization to negotiate a contract with Ardurra, and the Board of Supervisors approved that
request.
Since the December 16, 2025, authorization, staff incorrectly processed and executed an agreement with
Ardurra while staff were negotiating the scope of services and fees for the project. In addition, the
Agreement is for continuing professional engineering, and not project-specific services, as required under
the Consultants Competitive Negotiation Act(F.S.287.055)(CCNA). Lastly,the Agreement itself was not
presented to the Board of Supervisors for consideration and approval. When the issues were realized, staff
sought to correct the contracting deficiencies with this presentation of the Agreement and associated
amendment.
CCUA operates and maintains the Miller Street WRF, which serves the Orange Park service area. The
facility is one of CCUA's oldest treatment plants and has a permitted annual average daily flow (AADF)
treatment capacity of 2.99 million gallons per day (MGD). Treated effluent is discharged to a beneficial
public access reuse system with a permitted AADF capacity of 3.0 MGD, as well as to the St. Johns River.
This facility also receives small quantities of reuse-quality treated effluent from the Town of Orange Park.
Ardurra completed a conceptual evaluation in 2023 and a master plan in February 2025 that identified and
prioritized the improvements necessary to bring the facility up to current CCUA standards,while ensuring
reliable operation for years to come.
The Agreement includes design, preparation of contract documents, permitting, bidding support, and
construction administration services for priority improvements,which include the following:
• Construction of a new influent structure and septage receiving station and associated components.
• Replacement of the existing sodium hypochlorite chemical building.
• Site access and stormwater improvements as necessary for the improvements.
• New sodium hypochlorite storage and pumping facilities.
• Site-wide electrical improvements.
• Electrical supply, instrumentation, and control systems for new equipment, including appropriate
weather-protected facilities.
• Integration of all new work into the site's master Supervisory Control and Data Acquisition
(SCADA) system.
//JP
//DD and AE
//JDJ
Amendments to the attached Agreement include:
• ARTICLE 1.2: Delete the last sentence in this section
• ARTICLE 2.1.1: Delete Sub-sections 2.1.1.1, through 2.1.1.5 in their entirety. Replace with the
following after the last sentence in Sub-section 2.1.1: "A detailed Scope of Services is shown in
Exhibit A."
• Delete ARTICLE 3.1 and ARTICLE 3.2 in their entirety. Replace with the following: ARTICLE
3.1 PROFESSIONAL SERVICES RATES,FEES,AND CHARGES. The consultants'fees for this
Agreement are listed in Exhibit A.
• Delete ARTICLE 4.1, ARTICLE 4.2, and ARTICLE 4.3 in their entirety. Replace with the
following: ARTICLE 4.1 CONTRACT DURATION. The consultants' contract duration for this
Agreement is listed in Exhibit A.
• ARTICLE 9.1: Delete the second sentence in this section
• Delete Exhibit B Rate Schedule. The consultants'fees for this Agreement are listed in Exhibit A.
BUDGET:
The 5-year Capital Improvements Plan includes $13.8 million for the rehabilitation and upgrade of the
Miller Street WRF.After reviewing Ardurra's proposal,staff determined the proposed professional services
fee of$1,611,793.68 to be fair and competitive for the scope of work provided. Ardurra's professional
services fees are included in the Miller Street WRF Rehabilitation and Upgrades Project budget.
CCNA:
CCNA limits the use of continuing services contracts for professional architectural, engineering, and
surveying services to construction projects estimated at$7.5M or less. Since the estimated construction cost
for the Miller Street WRF improvement exceeds the current CCNA construction limits, staff issued a
solicitation with specific RFQ for this project.At the December 16,2025,meeting,the Board of Supervisors
approved the ranking of Ardurra as the most qualified professional engineering firm to complete the project
design. The agreement with amendments complies with CCNA(F.S. 287.055).
RECOMMENDATION:
Staff respectfully request the Board of Supervisors' approve the attached Agreement, and authorize
execution of the amendments, with Ardurra Group, Inc. to complete the professional engineering scope of
services for the Miller Street Water Reclamation Facility Upgrades Project.
ATTACHMENTS:
Agreement to RFQ#2025/2026-A01
First Amendment to RFQ#2025/2026-A01
Exhibit A—Ardurra Group, Inc. Scope and Fee Proposal
//JP
//DD and AE
//JDJ
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR MILLER
STREET WATER RECLAMATION FACILITY(WRF) UPGRADES
THIS AGREEMENT BETWEEN OWNER AND PROFESSIONAL FOR MILLER
STREET WRF UPGRADES (the "Agreement") is made effective as of January , 2026, by
and between CLAY COUNTY UTILITY AUTHORITY ("Owner"), an independent special
district established and created pursuant to Chapter 94-491, Laws of Florida, by Special Act of
1994, whose principal offices are located at 3176 Old Jennings Road, Middleburg, FL 32068, and
ARDURRA GROUP, INC., whose principal offices are located at 100 N.W. 57TH Court, Suite
800,Miami,Florida 33126 and Federal I.D.No. 59-1782900("Professional"),which is authorized
to do business in Florida.
WITNESSETH:
WHEREAS, in response to a publicly advertised Request for Qualifications (RFQ) Number
2025/2026-A01,Professional Engineering Services for Miller Street WRF Upgrades. Professional,
referenced herein as the "Consultant," submitted a Statement of Qualifications to Owner and was
selected by Owner as a qualified Consultant in the best interest of CCUA; and
WHEREAS, Owner 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
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:
ARTICLE 1. GENERAL DESCRIPTION OF SERVICES
1.1. ASSIGNMENT OF WORK. The work to be performed by the Consultant shall be
determined by CCUA.All work shall be mutually negotiated with the Consultant and 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 "Project" (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, fees, and charges, and as outlined in the Rate Schedule.
1.2. DEFINITION AND COMMENCEMENT OF SERVICES. The Consultant's services
consist of those services performed by the Consultant, Consultant's employees, and
Consultant's sub-consultants as summarized in Article 2 of this Agreement. The Consultant
acknowledges that it is not guaranteed nor entitled to provide services to Owner in connection
with the Project by virtue of entering into this Agreement with Owner.
1.2.1. The Consultant shall not commence work on the Project 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.
1.3. PROJECT SCHEDULE / TIME OF THE ESSENSE. The Consultant understands and
acknowledges that time is of the essence in completion of an assigned Project and the Owner
may incur damages if the Project is not completed on time. The Consultant shall at all times
carry out his duties and responsibilities as expeditiously as possible, consistent with the level
of professional skill and care required hereunder and in accordance with the Project's schedule
set forth for this Project, subject to delays in the schedule not the fault of consultant or its sub-
consultants.
1.3.1. Prior to issuing of the NTP, the Consultant shall represent to the Owner whether
they are thoroughly familiar with and understand the requirements of the Project
scope. The Consultant shall also confirm they have the necessary skilled personnel
and availability, equipment, material, supplies, facilities, transportation, and
administrative support to complete the Scope of Work in conformance with this
Agreement.
1.4. 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 of Work
and services provided therein.
1.5. EVALUATION OF SUFFICIENCY OF PROJECT SITE. Prior to authorization of the
NTP involving Projects involving real property and utility infrastructure,the Consultant shall:
(i) visit and properly inspect, consistent with the level of professional skill and care required
hereunder, the Project Site and any structure(s) or other man-made features to be modified;
(ii) familiarize itself with the survey, including the location of all existing buildings, utilities,
conditions, streets, equipment, components and other attributes having or likely to have an
impact on the Project; (iii) familiarize itself with the Owner's layout and design requirements,
conceptual design objectives, and budget for the Project; (iv) familiarize itself with pertinent
Project dates and programming needs, including the Project design schedule as provided with
each Project; (v) review and analyze all Project geotechnical, Hazardous Substances
(hereinafter defined), structural, chemical, electrical, mechanical and construction materials
tests, investigations and recommendations; and (vi) gather any other information necessary
for a thorough understanding of the Project. If the Project involves modifications to any
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existing structure(s)or other man-made feature(s)on the Project site,the Consultant shall also
review all as-built and record drawings,plans and specifications of which Consultant has been
informed by Owner about and properly inspect, as is consistent with the level of professional
skill and care required hereunder,the existing structure(s)and man-made feature(s)to identify
existing deficiencies and ascertain the specific locations of pertinent structural components.
Failure to familiarize itself with any of the above will not reduce Consultant's responsibility
for meeting objectives and preparing plans and specifications which will allow the Project to
be completed for an amount no greater than set forth in the Owner's budget.
1.6. ESTIMATES OF PROBABLE CONSTRUCTION COST. In providing estimates of
probable construction cost, the Owner understands that the Consultant has no control over the
cost or availability of labor, equipment, or materials, or other market conditions or other
consultant'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, expressed or implied, that the bids or the negotiated cost of the work will
not vary from the Consultant's opinion of probable construction cost (OPCC).
1.6.1. The OPCC shall be the total cost or estimated cost to the Owner of all elements of
the Project designed or specified by the Consultant.
1.6.2. The Consultant shall apply methods consistent with accepted industry standards in
estimating probable Construction Costs given the level of design drawings,
specifications, and calculations complete at the time, level of uncertainty, and
complexity of the Project being estimated.
1.6.3. The OPCC shall include the cost at current market rates of labor and materials
furnished by the Owner and Contractor and equipment designed, specified, selected
or specially provided for,by the Consultant, including connections to utilities,plus
a reasonable allowance for the Contractor's overhead and profit.
1.6.4. The OPCC does not include the compensation of the Consultant and Consultant's
sub-consultants, Owner's consultants,the costs of the land, rights-of-way, fixtures,
furnishings and equipment and contingencies or other costs which are the
responsibility of the Owner as provided in Article 6.
1.6.5. The Owner will rely on the Consultant's Estimates of Probable Construction Cost
to update Project budgets as information of greater detail becomes available.
1.7. PERMITS AND APPROVALS. The Consultant shall assist the Owner in preparing,
coordinating, applying, and submitting for those permits, approvals and extensions required
by law and rules 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 for this Agreement.
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1.8. COORDINATION WITH CONTRACT CONSTRUCTION. The Consultant shall
perform services associated with construction activities in conjunction,and coordination,with
the services to be performed by the Contractor engaged by Owner, as further described herein.
For the Consultant's information, the Contract for Construction is defined in the Owner's
Agreement with a Contractor.
1.9. COOPERATION. The Consultant shall endeavor to develop, implement, and maintain, in
consultation with the Owner and Contractor, a spirit of cooperation, collegiality, and open
communication among the parties so that the goals and objectives of each are clearly
understood, potential problems are resolved promptly, and, upon completion, the Project is
deemed a success by all parties.
1.10. CERTIFY, CERTIFICATION. A to "Certify" or a "Certification" is 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 a statement of opinion
does not constitute a warranty or guarantee, either express or implied.
1.11. 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 of the Consultant or its sub-consultants.
1.12. ADDITIONAL SERVICES. "Additional services" (herein so called) beyond the work
identified in the Scope of Work 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 that is not
expressly covered in the Scope of Work, or not specifically authorized in writing by the
Owner, the Consultant shall notify the Owner in writing and must receive prior written
approval thereof from the Owner. If the Consultant fails to provide its written notice or does
not receive Owner's written approval prior to performing or providing any Additional
Services, the Consultant shall not receive any additional compensation for the same.
1.13. 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 sub-consultant(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
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and other deficiencies in such Work Products resulting from consultant or any sub-
consultant(s).
1.14. COMMISSIONING. The Consultant shall participate in and cooperate with, design phase,
construction phase, and post-occupancy commissioning(including peer review), validation,
and other third-party quality assurance and quality control processes that Owner implements,
if any.
ARTICLE 2 SCOPE OF PROFESSIONAL'S BASIC SERVICES
2.1. General
2.1.1. The Consultant's basic services to be provided to the Owner consist of the
Professional Engineering services stated in RFQ Number 2025/2026-A01. The work
shall include the design of a new headworks that provides screening and grit removal,
a septage receiving station, a new electrical /chemical storage building, a chemical
feed pump station, and overall electrical and instrumentation improvements. Services
will also include permitting, bidding, and services during construction.
2.1.1.1. The Consultant will need to perform site visits, inspections, and attend
meetings in performing their contracted duties.
2.1.1.2. The Consultant will need to perform tests, take samples, or other field
observations in the course of performing their contracted duties.
2.1.1.3. The Owner will engage the Consultant to prepare and submit permit
applications to regulatory agencies having jurisdiction over the Owner.
2.1.1.4. The Owner will engage the Consultant for post-design or Construction
related administrative or inspections services.
2.1.1.5. The Consultant and Owner shall mutually agree to specific items included
in the Scope of Services for this Project.
2.1.2. The Consultant shall be responsible for services performed by the Consultant's sub-
consultants and shall require that the work of its sub-consultants comply with all
requirements of this Agreement. The Consultant shall be responsible for the acts or
omissions of its subconsultants, at whatever tier, or others acting on its behalf.
2.1.2.1. The Owner is an intended third-party beneficiary of Consultant's contracts
with such sub-consultants and the contracts between the Consultant and
such sub-consultants shall so provide. Furthermore, the Consultant's
contracts with its sub-consultants shall require that in the event of default
under, or termination of, this Agreement, and upon request of Owner, the
Consultant's sub-consultants will perform services for the Owner.
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ARTICLE 3 COMPENSATION
3.1. PROFESSIONAL SERVICES RATES, FEES, AND CHARGES. The Owner and the
Consultant shall negotiate mutually acceptable hourly rates, fees, and charges for the
professional services requested in the RFQ Number 2025/2026-A01. The negotiated hourly
rates,fees,and charges shall be included as part of this Agreement as Exhibit B Rate Schedule.
3.1.1. All professional services rates, fees, and charges shall remain for a period of three
(3) years from either the effective date of this Agreement or renewal. The Owner
will consider changes to rates, fees, and charges before the Agreement's renewal
date. The Owner will review changes to the initial agreed-upon hourly rates, fees,
and charges on an item-by-item basis. Consultant may request increases or
decreases in rates and fees as follows:
3.1.1.1. Within at least ninety (90) days prior to the renewal date of the Agreement
term, the Consultant may submit a written request for any changes to the
agreed-upon hourly rates, fees, and charges.
3.1.1.2. The Consultant must provide supporting information regarding any
requested changes to the hourly rates, fees, and charges to the Owner for
consideration. Supporting information may include Consumer Price Index
(CPI) or other market-related data.
3.1.1.3. The Owner's Board of Supervisors must approve any requested changes to
hourly rates, fees, and charges.
3.1.1.4. If the Owner and the Consultant cannot agree on updates to the professional
services hourly rates, fees, and charges during the renewal period, either
party may terminate the Agreement in accordance with Article 14.
3.2. SUPPLIER CONTRACT. The Owner will issue a Supplier Contract corresponding to this
Agreement under Article 1, Section 1.2.1. The Consultant shall identify the Supplier Contract
number for the assigned work on the invoices submitted to the Owner.
3.3. COMPLETION. The Owner's payment of the entire fee or lump sum amount for this
Agreement is contingent upon Consultant's final completion of the entire Scope as specified
in this Agreement.Final completion is contingent on the Owner's acceptance. Such acceptance
by the Owner may not be unreasonably denied. In the event the Consultant does not complete
the entire Scope for this Agreement under a lump-sum fee, the Owner will prorate the fee
based on the percentage of work actually completed.
3.4. INVOICE PROCEDURE. Invoices shall be submitted by the Consultant monthly on an"as
incurred" basis and shall be reviewed by Owner in accordance with the Local Government
Prompt Payment Act(the"Act"). The Consultant shall submit invoices in accordance with the
Owner's payment process to accountspayable@clayutility.org and CCUA's Project Team
Members to be identified by Owner. Upon receipt of a proper invoice, the Owner shall have
the number of days provided in the Act in which to make payment. Invoices shall be in a form
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and contain such documentation as reasonably required by the Owner. Each invoice shall
include the Supplier Contract number, project name, project number, breakdown of charges,
description of service(s), services provided and/or performed, supportive documentation, the
amount of payment requested,the amount previously paid,the total contract value,the percent
completed since the last invoice, the total percent completed to date, and any other such
information as may be reasonable and necessary to secure the written approval of the invoice
by the Owner. Each invoice shall contain a statement that the document is made subject to the
provisions and penalty of Section 837.06, Florida Statutes.
3.4.1. If the Owner objects to any portion of an invoice, the Owner shall notify the
Consultant. The Owner shall identify the specific cause of the disagreement and the
amount in dispute and request a revision. Any dispute over invoiced amounts due
that cannot be resolved by direct negotiation between the parties within thirty(30)
calendar days after presentation of the invoice shall be resolved in accordance with
the Dispute Resolution provision(Article 13) of this Agreement.
3.5. PROMPT PAYMENT TO SUB-CONSULTANTS.As a condition precedent to progress and
final payments to the Consultant, the Consultant shall provide to the Owner, with its
requisition for payment, documentation that sufficiently demonstrates that the Consultant has
made proper payments to its sub-consultants from all prior payments that the Consultant has
received from the Owner. The Consultant shall not unreasonably withhold payments to sub-
consultants if such payments have been made to the Consultant. If the Consultant withholds
payment to its sub-consultants for which the Owner has paid the Consultant, the Consultant
shall return that payment to the Owner. The Consultant's failure to pay undisputed amounts to
the sub-consultants within thirty (30) business days, after the Consultant receives payment
from the Owner, shall be a breach of this Agreement and may result in termination of this
Agreement in the discretion of the Owner.
3.6. 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; other than receiving the compensation set forth in
Article 3 3.3 and 3.4 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.
3.7. TRAVEL. The Owner shall not be billed or invoiced for time spent traveling to and from the
Consultant's offices or other points of dispatch of its sub-consultants, 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 Agreement in a
manner that expressly provides for the Owner to reimburse the Consultant for the same, then
the Owner 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 a need to utilize hotel accommodation or common
carrier services,the Owner shall reimburse the Consultant for its reasonable expenses incurred
thereby, provided prior approval of the Owner is obtained.
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3.8. REIMBURSABLE.The Owner shall not be liable to reimburse the Consultant for any courier
service, telephone, facsimile, copying expenses, or postage charges incurred by the
Consultant.
ARTICLE 4 CONTRACT DURATION
4.1. INITIAL CONTRACT DURATION. The Owner and the Consultant agree to an initial
Agreement period of three (3)years from the date this Agreement is signed.
4.2. EXTENSION OF CONTRACT DURATION. Upon mutual written agreement between the
Owner and the Consultant, the Parties may extend the Agreement duration by two (2)
consecutive one (1)year terms.
4.3. NON-RENEWAL.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.
ARTICLE 5 CONSULTANT'S PERSONNEL
5.1. QUALIFIED PERSONNEL. The Consultant agrees when the services to be provided and
performed relate to a professional service(s) that, 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.
5.2. PROJECT TEAM. The Consultant shall maintain a Project Team consistent with the
Statement of Qualifications (SOQ) provided to the owner in response to RFQ Number
2025/2026-A01. The Consultant's Client Service Manager shall remain consistent across all
project assignments.
5.2.1. Should the Consultant find the situation necessary to use different professional staff
than those provided in the referenced SOQ, the Consultant shall advise the Owner
in writing of the change in the Project Team. The Owner shall not unreasonably
withhold approval of changes in the Consultant's professional staff.
5.3. 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. The Consultant's Project Manager shall have full authority to bind and
obligate the Consultant on any matter arising under this Agreement unless substitute
arrangements have been furnished in advance to the Owner 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.
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ARTICLE 6 USE OF CONSULTANT'S DRAWINGS, SPECIFICATIONS,AND OTHER
DOCUMENTS
6.1. The Owner 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.
6.2. The Consultant shall have the right to include representations of the design of a Project,
including photographs of the exterior and interior, among the Consultant's promotional and
Consultant materials, with the Owner's permission in each case. The Consultant's materials
shall not include the Owner's confidential or proprietary information, nor what the Owner
judges may present a security concern.
ARTICLE 7 RETENTION OF DOCUMENTS
7.1. 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.
7.1.1. Reasonably Accessible: To be considered reasonably accessible, such documents
must be reproduced,copied,scanned,emailed,etc.,without significant time or cost.
7.1.2. Document Retention Policy: A written policy by which each employee or sub-
consultant 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.
ARTICLE 8 ABILITY TO AUDIT RECORDS
8.1. The Consultant shall maintain during the term of the Agreement all books of account,reports,
and records in accordance with generally accepted accounting practices and standards for
records directly related to this Agreement. The Consultant agrees to make available to
Owner's auditors during regular business hours all books of account, reports, and documents
relating to this Agreement for the duration of the Agreement and retain them for a minimum
period beyond the last day of the Agreement term consistent with Internal Revenue Service
(IRS)regulations and the State of Florida's Public Records Law.
ARTICLE 9 OWNER'S RESPONSIBILITIES
9.1. OWNER'S REQUIREMENTS. The Owner shall provide to the Consultant information
related to the Owner's requirements for this Project. The Owner requirements shall be
incorporated as outlined in Article 1 1.3.4.
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9.2. PROJECT BUDGET.The Owner shall establish, manage, and update an overall budget for
the Project, including the Construction Cost, the Owner's other costs and reasonable
contingencies related to these costs.
9.3. OWNER'S REPRESENTATIVE. The Owner shall designate a representative authorized to
act on the Owner's behalf with respect to the Project. The Owner or such authorized
representative shall render decisions in a timely manner pertaining to documents submitted
by the Consultant to avoid unreasonable delay in the orderly and sequential progress of the
Consultant's services.
9.4. TIMELINESS/SCHEDULE.The Owner shall review and approve or take other appropriate
action on all work submittals of the Consultant within the timeframes mutually agreed upon
in the Project schedule for such reviews.
9.5. DOCUMENT REVIEWS. Review of the Consultant's documents by the Owner shall be
solely for the purpose of determining whether such documents are generally consistent with
the Owner's intent and such review shall not relieve the Consultant of any of its
responsibilities. Notwithstanding the foregoing, prompt written notice shall be given by the
Owner to the Consultant if the Owner becomes aware of any fault or defect in this Project or
non-conformance with the Agreement or related Contracts for Construction.
9.5.1. Owner's Approval. Review, approval, or acceptance by the Owner of services or
Work Products furnished by the Consultant, or any sub-consultant(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 sub-consultant(s) engaged by the Consultant to provide and perform
services in connection with this Agreement. Neither the Owner's review, approval,
acceptance of, nor payment for, any of the Consultant's services or Work Products
shall be construed to operate as a waiver of any of the Owner's rights under this
Agreement, or any cause of action it may have arising out of the performance of
this Agreement.
9.6. AS-BUILT/RECORD DRAWINGS/GIS DATA. The Owner will provide the Consultant
with information available in the Owner's possession that may include As-Built Drawings,
Record Drawings, and GIS Data.
9.7. EXISTING SURVEYS. If required, the Owner will provide the Consultant existing survey
information if such information is in the possession of the Owner. Surveys may include, but
are not limited to, grades and lines of streets, alleys, pavements and adjoining property and
structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning,
deed restrictions, boundaries and contours of the site; locations, dimensions and necessary
data pertaining to existing buildings, other improvements and trees; and information
concerning available utility services and lines,both public and private,above and below grade,
including inverts and depths.
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9.7.1. If adequate survey information does not exist for an assignment or Project, the
Owner and Consultant will determine the appropriate Scope of Work related to
surveying to be included in the Agreement.
9.8. EXISTING GEOTECHNICAL INFORMATION. If required, the Owner will provide the
Consultant with the Owner's existing geotechnical information, if such information is in the
possession of the Owner. Such services may include, but are not limited to, test borings, test
pits, sub-surface imaging, determinations of soil bearing values,percolation tests, evaluations
of hazardous materials, ground corrosion and resistivity tests, including necessary operations
for anticipating subsoil conditions,with reports and appropriate Consultant recommendations.
9.8.1. If adequate geotechnical information does not exist for an assignment or Project,
the Owner and Consultant will determine the appropriate Scope of Work related to
geotechnical investigations.
9.9. TESTS. The Owner will provide the Consultant existing test information if such information
is in the possession of the Owner. Such testing may be structural, mechanical, chemical,
gaseous,biological, hydraulic, environmental, etc. in nature.
9.9.1. If adequate test information does not exist for an assignment or Project, the Owner
and Consultant will determine the appropriate Scope of Work related to testing to
be included in a Supplemental Agreement.
ARTICLE 10 PUBLIC FUNDS
10.1. ANNUAL APPROPRIATIONS. The Owner's performance of this Agreement shall be
contingent upon and subject to the existence of lawfully appropriate public funds for each
fiscal year(i.e.,October 1 through and including the next following September 30)of Owner.
ARTICLE 11 CONFIDENTIALITY AND PUBLIC RECORDS COMPLIANCE
11.1. 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, consultant or organization, without the Owner'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
sub-consultant(s) pursuant to this Agreement. Subject to the foregoing provisions and law
applicable to confidential information,the Consultant will keep and maintain public records
required by the Owner, which is a public agency, in order for the Consultant to perform the
services and the work required by the Scope, and upon request from the Owner's custodian
of public records, Consultant shall provide the Owner 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 its employees and those of its sub-consultant(s) to
comply with the provisions of this paragraph.IF THE CONSULTANT HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
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THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS AGREEMENT, CONTACT:
Public Records
3176 Old Jennings Road
Middleburg,Florida 32068
(904) 272-5999
Recordsrequest@clayutility.org
ARTICLE 12 INSURANCE
12.1. INSURANCE. The Consultant shall carry insurance as prescribed herein. All insurance
policies shall be with a company or companies lawfully authorized to do business in Florida.
All insurance policies shall be issued and countersigned by duly authorized representatives
of such companies and shall be written on ISO standard forms or their equivalents. Such
insurance coverage shall commence with Owner's assignment of a Project to Consultant and
shall remain in place for three (3)years following completion of such Project.
12.1.1. The Consultant shall carry a policy or policies covering their liability under this
Agreement for any and all errors or omissions committed by them. The policy or
policies shall have limits of liability not less than the amounts set forth in Exhibit
C. For any Claims Made Form policy,the policy retroactive date will coincide with
or precede the start of services being provided hereunder (including subsequent
policies purchased as renewals or replacements) and must provide coverage for
three (3)years following the conclusion of the Project.
12.1.2. Consultant shall carry policies covering General Liability Automotive Liability),
and Worker's Compensation per the requirements of Chapter 440 of the Florida
Statutes. General and Auto Liability policies shall provide cross liability coverage.
12.1.2.1. General liability coverage shall apply to "bodily injury" and to "property
damage" occurring on, about, or in transit to the Owner's premises for the
covered operations or professional services to be performed for the Owner
by or on behalf of the additional insureds. Such insurance shall be no more
restrictive than that provided by the most recent version of the standard
Commercial General Liability Form (ISO Form CG 00 01) as filed for use
in the State of Florida without any restrictive endorsements other than those
reasonably required by Owner. An Excess Liability policy or Umbrella
policy can be used to satisfy the above limits.
12.1.2.2. Automobile insurance shall apply to all automobile which are owned,hired,
or non-owned and used in the performance of this Agreement. Such
insurance shall be no more restrictive than that provided by the most recent
version of the standard Business Auto Coverage Form(ISO Form CA0001)
as filed for use in the State of Florida without any restrictive endorsements
other than those which are required by the State of Florida.
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12.1.2.3. The Workers'Compensation and Employer's Liability Insurance shall cover
the Consultant (and, to the extent they are not otherwise insured, its sub-
consultants) for those sources of liability which would be covered by the
latest edition of the standard Workers'Compensation policy,as filed for use
in the State of Florida by the National Council on Compensation Insurance
(NCCI), without any restrictive endorsements other than the Florida
Employers Liability Coverage Endorsement(NCCI Form WC 09 03),those
which are required by the State of Florida, or any restrictive NCCI
endorsements which, under an NCCI filing, must be attached to the policy
(i.e., mandatory endorsements). In addition to coverage for the Florida
Workers'Compensation Act, where appropriate, coverage is to be included
for the Federal Employers'Liability Act,USL&H and Jones, and any other
applicable federal or state law.
12.1.3. For all insurance types:
12.1.3.1. Consultant shall notify Owner immediately if any policy required by this
Agreement is cancelled or not renewed for any reason or is modified in any
way that would cause it not to be compliant with the requirements of this
Agreement. Insurance policies shall require that the insurer endeavor to
provide at least thirty(30) calendar days written notice to Owner if a policy
is to be canceled, modified, or the coverage thereunder reduced before the
expiration date thereof. Consultant shall provide Owner with a copy of
endorsement(s) to the policies and cancellation and/or non-renewal notices
evidencing the same.
12.1.3.2. The Certificates of Insurance shall be dated and show the name of the
insurer,the number of the policy, its effective date, and its termination date.
12.1.3.3. The Owner shall be named as additional insureds on General and Auto
Liability policies.
12.1.3.3.1. All insurance except Worker's Compensation and Professional
Liability shall be endorsed to name of the Owner and their respective
members, officers, officials, employees, and agents as Additional
Insured. Additional Insured for General Liability shall be in a form
no more restrictive than CG2010 and CG2037.
12.1.3.4. Carrier Qualifications. The above insurance shall be written by an insurer
holding a current certificate of authority pursuant to Chapter 624, Florida
Statutes or a company that is declared as an approved Surplus Lines carrier
under Chapter 626 Florida Statutes. Such insurance shall be written by an
insurer with an A.M. Best Rating of A-VII or better.
12.1.3.5. All policies shall include a waiver of subrogation endorsement and a
severability of interests endorsement.
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12.1.3.5.1. All required insurance policies shall be endorsed to provide for a
waiver of underwriter's rights of subrogation in favor of the Owner
and their respective members, officers, officials, employees, and
agents.
12.1.3.6. Consultant's Insurance Primary. The insurance provided by the Consultant
shall apply on a primary basis and shall not require contribution from any
other insurance or self-insurance maintained by the Owner and their
respective members, officers, officials, employees, and agents.
12.1.3.7. Owner shall not be liable for amounts that may represent a deductible in any
insurance policy, and the payment of such deductibles shall be the sole
responsibility of the Consultant or sub-consultant providing such insurance.
Consultant and its sub-consultants shall reveal the amount of such
deductibles, if any, for each policy.
12.1.3.8. Insurance Additional Remedy. Compliance with the insurance requirements
of this Agreement shall not limit the liability of the Consultant or its sub-
consultants, employees, or agents to the Owner and its respective members,
officers, officials, employees, and agents and shall be in addition to and not
in lieu of any other remedy available under this Agreement or otherwise.
12.1.3.9. Insurance on Sub-consultants and Sub-subcontractors. Consultant shall
establish, require, and review evidence of reasonable insurance
requirements for all its sub-consultants and its sub-subcontractors. Except
to the extent required by law, or as otherwise specifically provided by this
Agreement, this Agreement does not establish minimum insurance
requirements for Consultant's sub-consultants or sub-subcontractors.
12.1.4. The Consultant shall provide copies of each insurance coverage policy required by
this Agreement, including all endorsements, riders, etc., in order to verify that
contractual insurance requirements are being satisfied. Consultant shall provide
such within 30 calendar days of the execution date of the Agreement and,thereafter,
on or before the expiration date of an expiring policy or upon Owner's request.
12.1.4.1. Certificates of Insurance. Prior to commencing work, Consultant shall
deliver to Owner Certificates of Insurance that shows the corresponding
Agreement, RFQ Number, or PO if applicable in the Description. The
certificates of insurance shall be made available upon request of Owner.
ARTICLE 13 MEDIATION OF DISPUTES
13.1. All claims, disputes, and other matters in question between the parties to this Agreement
shall be determined under the judiciary system of the State of Florida. As a condition
precedent to any party filing any action for a claim, dispute or other matter arising out of or
related to this Agreement, the parties shall submit the dispute to mediation pursuant to the
American Arbitration Association Construction Industry Mediation Rules currently in effect.
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Either party may file a written request for mediation with the American Arbitration
Association and serve a copy on the other party. The mediation shall be concluded within
sixty(60) days of the request, unless otherwise agreed or ordered by the court.Any legal or
equitable proceedings shall be stayed pending conclusion of the mediation. The parties shall
share the mediator's fee and other administrative costs of the mediation equally. The
mediation shall be held in Clay County, Florida, unless the parties agree upon another
location. Agreements reached in mediation shall be enforceable in any court of competent
jurisdiction as settlement agreements. The mediation proceedings shall be confidential and
shall be privileged from disclosure in any subsequent proceedings as settlement discussions.
ARTICLE 14 TERMINATION AND SUSPENSION
14.1. TERMINATION BY OWNER FOR DEFAULT. If the Consultant defaults by failing to
substantially perform, in accordance with the terms of this Agreement, as reasonably
determined by Owner, the Owner may give written notice to the Consultant: (i)terminating
this Agreement effective seven(7) calendar days from the date of notice; or(ii) setting forth
the nature of the default and requesting the Consultant initiate cure within seven(7)calendar
days from the date of notice. At any time thereafter, if the Consultant fails to initiate cure
upon the request of the Owner and continue such cure until complete, the Owner may give
notice to the Consultant of immediate termination. If the Owner terminates this Agreement
pursuant to this paragraph, and it is subsequently determined by a court of competent
jurisdiction that the Consultant was not in default, then in such event said termination shall
be deemed a termination for convenience as set forth in Paragraph 14.3.
14.2. TERMINATION BY THE CONSULTANT FOR DEFAULT. If the Owner defaults by
failing to substantially perform in accordance with the terms of this Agreement, the
Consultant shall give written notice to the Owner setting forth the nature of the default and
requesting cure within seven(7) calendar days from the date of notice. If the Owner fails to
cure within seven(7) calendar days from the date of notice may give notice to the Owner of
immediate termination.
14.3. TERMINATION BY OWNER FOR CONVENIENCE.The Owner may at any time give
written notice to the Consultant terminating this Agreement or suspending a Project,in whole
or in part, for the Owner's convenience and without cause. If the Owner terminates this
Agreement or suspends a Project,the Consultant shall immediately reduce its staff, services,
and outstanding commitment in order to minimize the cost of termination or suspension.
14.4. TERMINATION COMPENSATION. If the Agreement is terminated by the Owner
pursuant to Paragraph 14.3, no further payment shall be made to the Consultant until
completion of the Project. At such time, the Consultant's compensation shall, at Owner's
option, be calculated: (i) on the basis of services actually performed and expenses actually
incurred prior to the effective termination date; or (ii) on the basis of the payment terms set
forth elsewhere herein. In either case, the Consultant's compensation shall be reduced by all
costs and damages incurred by Owner as a result of the default of the Consultant.
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14.4.1. If the Agreement is: (i) terminated by the Consultant pursuant to Paragraph 14.2;
(ii) terminated by the Owner pursuant to Paragraph 14.3; or (iii) suspended more
than ninety (90) days by the Owner pursuant to Paragraph 14.3, the Consultant's
compensation shall be calculated on the basis of services actually performed and
expenses actually incurred prior to the effective termination or suspension date and
reasonable costs associated with the termination or suspension.
ARTICLE 15 SPECIAL PROVISIONS
15.1. GOVERNING LAW. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida without regard to its choice of law provisions and venue
shall lie in the courts in Clay County, Florida.
15.2. CAPITALIZED TERMS. Capitalized terms used herein but not expressly defined herein
shall have the meaning ascribed thereto in Owner's General Terms and Conditions as
referenced above.
15.3. SUCCESSORS AND ASSIGNS. The Owner and Consultant, respectively, bind
themselves, their partners, successors, assigns and legal representatives to the other party to
this Agreement and to the partners, successors, assigns and legal representatives of such
other party with respect to all covenants of this Agreement. Neither Owner nor Consultant
shall assign this Agreement without the written consent of the other.
15.4. INTEGRATION AND EXTENT OF THE AGREEMENT. This Agreement, together
with the Request for Qualifications ("RFQ"), Addendums, Consultant's SOQ, 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 the Owner.
15.5. PROHIBITION AGAINST CONTINGENCY 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 Consultant,other than an employee working for
the Consultant, any fee, commission percentage, gift, or any other consideration, contingent
upon or resulting from the award or making of this Agreement. For the breach or violation
of these provisions, the Owner 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.
15.6. INDEPENDENT CONSULTANT. The Consultant is and shall be at all times during the
term of this Agreement an independent consultant and not an employee of the Owner.
Consultant agrees that it is solely responsible for the payment of taxes applicable to the
Clay County Utility Authority
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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 consultant. Consultant is responsible for providing the office space and
administrative support necessary for the performance of services under this Agreement. The
Owner 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.
15.7. STATUS.Any pre-printed provisions of the Consultant's written materials, contract forms,
or documents to the contrary notwithstanding, the Owner's entry into the contract or
supplemental 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 supplemental agreement to provide other goods and/or services to the Owner.
15.8. 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
sub-consultants, is about to engage in representing another client, which it in good faith
believes could result in a conflict of interest with the work being performed by the Consultant
or such sub-consultant under this Agreement, then it will promptly bring such conflict of
interest to Owner's attention, in writing. The Owner will advise the Consultant, in writing,
within ten (10) business days if such a conflict of interest exists. If the Owner determines
that there is a conflict of interest, Consultant or such sub-consultant shall decline the
representation upon written notice by the Owner. If the Owner determines that there is no
such conflict of interest, then Owner shall give its written consent to such representation. If
Consultant or sub-consultant accepts such a representation, without obtaining the Owner's
prior written consent, and if the Owner subsequently determines that there is a conflict of
interest between such representation and the work being performed by consultant or such
sub-consultant under this Agreement, then the Consultant or such sub-consultant agrees to
promptly terminate such representation. Consultant shall require each of such sub-
consultants to comply with the provisions of this Section. Should the Consultant fail to
advise or notify the Owner as provided herein above of representation which could, or does,
result in a conflict of interest, or should the Consultant fail to discontinue such
representation, the Owner may consider such failure as justifiable cause to terminate this
Agreement.
15.9. THIRD-PARTY BENEFICIARIES. Nothing contained in this Agreement shall create a
contractual relationship with or a cause of action in favor of a third party against either the
Owner or Consultant. Notwithstanding the foregoing, the Owner shall be an intended third-
party beneficiary of the Consultant's contracts with its sub-consultants, if any.
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15.10. HAZARDOUS SUBSTANCES. Unless otherwise provided in this Agreement, the
Consultant and its sub-consultants shall have no responsibility for the discovery, prior
presence, handling,removal or disposal of or exposure of persons to hazardous substances
in any form at a Project site regulated by federal law or the laws of the State of Florida or
Clay County, including but not limited to asbestos, asbestos products, polychlorinated
biphenyl (PCB) or other toxic substances (collectively, "Hazardous Substances").
Notwithstanding the foregoing, the Consultant shall immediately notify the Owner both
orally and in writing of the presence or suspected presence and location of any Hazardous
Substances on the Site of which it becomes aware.
15.11. PROPERTY DAMAGE. The Consultant agrees to promptly repair and/or replace, or
cause to have repaired and/or replaced, at its sole cost and expense and in a manner
acceptable to and approved by the Owner, any property damage arising out of, or caused
by, the willful or intentional misconduct or negligent acts of the Consultant, or its sub-
consultants. The Consultant's obligation under this subsection does not apply to property
damage caused in whole or in part by any other consultant engaged directly by the Owner.
The Owner reserves the right, should the Consultant fail to make such repairs and/or
replacement within a reasonable period of time, to cause such repairs and/or replacement
to be made by others and for all costs and expenses associated with having such repairs
and/or replacement done to be paid for by the Consultant's compensation fund or by the
Consultant reimbursing the Owner directly for all such costs and expenses.
15.12. PUBLIC ENTITY CRIME. The Consultant represents and warrants that it is not on the
convicted vendor list for a public entity crime committed within the past thirty-six (36)
months. The Consultant further represents and warrants that it will neither utilize the
services of,nor contract with, any supplier, subcontractor, or sub-consultant for an amount
in excess of$15,000.00 in connection with a Project if such supplier, subcontractor,or sub-
consultant is on the convicted vendor list for a public entity crime committed within the
past thirty-six (36)months.
15.13. WAIVER OF CERTAIN CLAIMS,DAMAGES.The Consultant shall not be entitled to,
and hereby waives, any monetary claims for or damages arising from or related to, lost
profits, lost business opportunities, unabsorbed overhead or any indirect or consequential
damages.
15.14. 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.
15.15. BREACH REMEDIES. Owner's selection of one or more remedies for breach of this
Agreement shall not limit the Owner's right to invoke any other remedy available to the
Owner under this Agreement or by law.
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15.16. INDEMNIFICATION.The Consultant shall indemnify and hold harmless the Owner,and
the Owner's officers and employees,from liabilities,damages,losses,and costs, including,
but not limited to, reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant and other persons
employed or utilized by the Consultant in the performance of this Agreement. All
indemnification provisions contained this Agreement are separate and apart from, and are
in no way limited by, any insurance provided pursuant to this Agreement or otherwise.All
indemnification provisions of this Agreement, relating to Indemnification shall survive the
term of this Agreement, and any holdover and/or Agreement extensions thereto, whether
such term expires naturally by the passage of time or is earlier terminated earlier pursuant
to the provisions of this Agreement. With respect to any indemnification by the Owner
provided under the Agreement or agreement, any such indemnification shall be subject to
and within the limitations set forth in Section 768.28, Florida Statutes, and to any other
limitations, restrictions and prohibitions that may be provided by law, and shall not be
deemed to operate as a waiver of the Owner's sovereign immunity.
15.17. SOVEREIGN IMMUNITY. The Consultant acknowledges and agrees that nothing
contained herein shall be construed or interpreted as: (i) denying to Owner any remedy or
defense available to it under the laws of the State of Florida; (ii) the consent of the Owner
or their agents and agencies to be sued; or (iii) a waiver of sovereign immunity of the
Owner or of the State of Florida beyond the limited waiver provided in Section 768.28,
Florida Statutes.
15.18. TRUTH IN NEGOTIATION CERTIFICATION. The Consultant understands and
agrees that execution of this Agreement by the Consultant shall be deemed to be
simultaneous execution of a truth-in-negotiation certificate under this provision to the same
extent as if such certificate had been executed apart from this Agreement, such certificate
being required by Section 287.055, Florida Statutes. Pursuant to such certificate, the
Consultant hereby states that the wage rates and other factual unit costs supporting the
compensation hereunder are accurate, complete, and current at the time of contracting.
Further the Consultant agrees that the compensation hereunder shall be adjusted to exclude
any significant sums where the Owner 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.
15.19. AMENDMENTS. This Agreement may be amended only by written instrument
specifically referring to this Agreement and executed with the same formalities as this
Agreement.
15.20. COUNTERPARTS, ELECTRONIC TRANSACTION, 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 contract. 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
Clay County Utility Authority
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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.
15.21. SURVIVAL OF REMEDIES. The parties'remedies shall survive the termination of this
Agreement.
15.22. 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.
15.23. FINANCIAL CONSEQUENCES. Should the Consultant fail to comply with any term of
this Agreement, Owner shall take one or more of the following actions, as appropriate in
the circumstances:
15.23.1. Temporarily withhold payments pending correction of the deficiency,
15.23.2. Disallow all or part of the cost of the activity or action not in compliance,
15.23.3. Wholly or partially suspend or terminate this Agreement,
15.23.4. Withhold further awards to the Consultant, and/or
15.23.5. Take further remedies that may be legally or equitably available.
15.24. EXHIBITS. The parties acknowledge and agree that all exhibits referenced in this
Agreement are attached hereto and incorporated herein by reference.
ARTICLE 16 NOTICE
16.1. The parties hereto agree and understand that written notice, mailed or delivered to the last
known mailing address, shall constitute sufficient notice to the Owner and the Consultant.
All notices required and/or made pursuant to this Agreement to be given to Owner, and the
Consultant 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:
Owner: Clay County Utility Authority
Attention:Angelia Wilson, MPA
Procurement Manager
3176 Old Jennings Road
Middleburg, Florida 32068
CONSULTANT: Ardurra Group, Inc.
Dave Rasmussen, P.E, BCEE, QEP
Client Service Manager&Project/Design Manager
405 Golfway West Drive, Suite 201 A
St.Augustine, Florida 32095
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ARTICLE 17 CLIENT SERVICE MANAGERS
17.1. The Owner and the Consultant have identified individuals as "Client Service Managers",
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 Consultant to
serve as the Client Service Manager for this Agreement, or any replacement thereof, is
subject to prior written approval and acceptance by the Owner. If the Owner or Consultant
replaces their own current Client Service Manager with another individual, an amendment
to this Agreement shall not be required. The Owner will notify the Consultant, in writing, if
the current Owner Client Service Manager is replaced by another individual.
The Owner's Client Service Manager's contact information is as follows:
Joseph Paterniti, PE
Assistant Chief Engineer
Clay County Utility Authority
3176 Old Jennings Road
Middleburg, Florida 32068
Phone: 904-213-2412
Email:jpaterniti@clayutility.org
The Consultant's Client Service Manager's contact information is as follows:
Dave Rasmussen, P.E, BCEE, QEP
Ardurra Group, Inc.
405 Golfway West Drive, Suite 201 A
St.Augustine, Florida 32095
Phone: 904-567-7754
Email: drasmussen@ardurra.com
ARTICLE 18 SIGNATORY
18.1. Each signatory below represents and warrants that he or she has 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.
Clay County Utility Authority
RFQ No.2025/2026-A01
Page 21
IN WITNESS WHEREOF, the parties have affixed their signatures, effective on the date first
written above.
FOR CONSULTANT:
ATTEST: ARDURRA GROUP,INC.
BY: BY: `71�,1�, � e� a
NAME: Kart Vaith
PRINT: Dave Rasmussen, PE TITLE: Chief Strategy Officer
TITLE: Client Service Manager DATE: 1/5/2026
CORPORATE SEAL:
=� SEAL`":ZI
ga 'A
\,,i n
<nmo. F
FOR OWNER:
NAME: CLAY COUNT .T _ TY AUTHORITY
BY: �_ .A
N E: J= e y D. Jo nston, BA. PE
Tl : ecu ••- !'rector
DATE: tOZ- 0 1 °
ATTEST:
BY:
NA E:Angelia Wilson, MPA
TITLE: Procurement Manger
DATE: 1/5/ 202 (Q
Clay County Utility Authority
RFQ No.2025/2026-A01
Page 22
EXHIBIT B RATE SCHEDULE
Labor Category Hourly Rate
Principal $325.92
Senior Reviewer $322.40
Sr. Project Manager $322.40
Project Manager $225.75
Sr. Professional Engineer $257.92
Professional Engineer $193.44
Engineering Intern III $170.88
Engineering Intern II $154.75
Engineering Intern I $138.63
Senior CADD Designer $154.75
CADD Designer $122.51
CADD Technician $103.17
Construction Manager $225.69
Construction Inspector $128.96
Field Technician $96.73
Administrative $96.73
Clay County Utility Authority
RFQ No.2025/2026-A01
Page 23
EXHIBIT C
Insurance Requirements
Minimum Limits:
General Liability Each Occurrence Limit $1,000,000
Personal&Advertising Injury Limit $1,000,000
Medical Expense Limit(any one person) $10,000
General Aggregate $2,000,000
Products and Completed Operations Aggregate $2,000,000
Limit
Auto Liability Combined Single Limit $500,000
Worker's Compensation Florida Statutory Limits
Employer's Liability Each Accident $1,000,000
Disease Policy Limit $1,000,000
Each Employee/Disease $1,000,000
Employer's Liability Each Accident $1,000,000
Disease Policy Limit $1,000,000
Each Employee/Disease $1,000,000
Professional Liability Per Claim/Annual Aggregate $3,000,000
Professional Liability Per Claim/Annual Aggregate $3,000,000
Crime/Fidelity(only for Third Party Employee Dishonesty $1,000,000
Information Technology
services or required by Project)
Clay County Utility Authority
RFQ No.2025/2026-A01
Page 24
FIRST AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL ENGINEERING
SERVICES FOR MILLER STREET WATER RECLAMATION FACILITY(WRF)
UPGRADES
THIS FIRST AMENDMENT to RFQ# 2025/2026-A01 PROFESSIONAL
ENGINEERING SERVICES FOR MILLER STREET WATER RECLAMATION
FACILITY UPGRADES AGREEMENT, is made and entered into this 3rd day of
March ,2026,by and between the CLAY COUNTY UTILITY AUTHORITY("CCUA"),
an independent special district and political subdivision of the State of Florida,existing and created
under Chapter 94-491, Laws of Florida, Special Acts on 1994, whose primary business address is
3176 Old Jennings Road, Middleburg, Florida 32068, and ARDURRA GROUP, INC. (the
"Consultant"), authorized to do business in the State of Florida; whose address is 405 Golfway
West Drive, Suite 201A, St.Augustine,Florida 32095. CCUA and the Consultant may hereinafter
be referred to individually as a"Party" or collectively as the "Parties."
WITNESSETH
WHEREAS, CCUA and ARDURRA GROUP, INC. entered into that certain RFQ#
2025/2026-A01 PROFESSIONAL ENGINEERING SERVICES FOR MILLER STREET
WATER RECLAMATION FACILITY UPGRADES AGREEMENT as of January 5, 2026
(the "Original Agreement");
NOW,THEREFORE, for good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged, the Parties do hereby agree as follows:
1. DESCRIPTION OF CHANGES
a. ARTICLE 1.2: Delete the last sentence in this section.
b. ARTICLE 2.1.1: Delete Sub-sections 2.1.1.1 through 2.1.1.5 in their entirety. Replace
with the following after the last sentence in Sub-section 2.1.1: "A detailed Scope of
Services is shown in Exhibit A."
c. Delete ARTICLE 3.1 and ARTICLE 3.2 in their entirety. Replace with the following:
ARTICLE 3.1 PROFESSIONAL SERVICES RATES, FEES, AND CHARGES. The
consultants' fees for this Agreement are listed in Exhibit A.
d. Delete ARTICLE 4.1,ARTICLE 4.2, and ARTICLE 4.3 in their entirety. Replace with
the following: ARTICLE 4.1 CONTRACT DURATION. The consultants' contract
duration for this Agreement is listed in Exhibit A.
e. ARTICLE 9.1: Delete the second sentence in this section.
f. Delete Exhibit B Rate Schedule. The consultants' fees for this Agreement are listed in
Exhibit A.
Page 1 of 3
2. MISCELLANEOUS
a. This First Amendment and all Ancillary Documents may be executed by providing an
electronic signature under the terms of the Electronic Signatures in Global and National
Commerce Act, 15 U.S.C. §§ 7001 et. seq., and Chapter 668, Florida Statutes and
delivered by email or other electronic delivery method which will have the same force
and effect as a written signature.
b. This First Amendment, when executed by the Parties, shall be effective as of the date
stated above. This First Amendment fully and completely expresses the agreement of
the Parties with respect to the matters contained herein and shall not be modified or
further amended except by written agreement executed by each of the Parties hereto.
The Consultant understands and agrees that no representations of any kind whatsoever
have been made to it other than as appear in this First Amendment,that it has not relied
on any such representations, and that no claim that it has so relied on may be made at
any time and for any purpose.
c. This First Amendment may be executed in any number of counterparts, each of which
shall be deemed original; however, all of which when taken together shall constitute
one and the same instrument.
d. Except as amended and/or modified by this First Amendment,the Original Agreement
is hereby ratified and confirmed and all other terms of the Original Agreement remain
in full force and effect, unaltered, and unchanged by this First Amendment. Whether
or not specifically amended by this First Amendment, all of the terms and provisions
of the Original Agreement are hereby amended to the extent necessary to give effect to
the purpose and intent of this First Amendment.
(Signature Page Follows)
Page 2 of 3
IN WITNESS WHEREOF, the Parties have executed this First Amendment, effective as of the
date indicated above.
ARDURRA GROUP, INC.:
By:
Printed Name: David Rasmussen, PE
Title: Client Service Manager
CLAY COUNTY UTILITY AUTHORITY:
By:
Printed Name: Jeremy D. Johnston, MBA, P.E.
Title: Executive Director
ATTEST:
By:
Printed Name: Darrin G. Parker
Title: Procurement Manager
Execute in Triplicate Distribution (electronic):
1. Ardurra Group, Inc.
2. CCUA Procurement Department
3. CCUA Project Manager—User Department
Page 3 of 3
/\\/ Exhibit A
ARDURRA GROUP,INC.
405 GOLFWAY WEST DRIVE,SUITE 201A
ARDURRA ST.AUGUSTINE,FL 32095
PH:904-562-2187
www.ARDURRA.COM
Scope of Services
for Professional Engineering Services for the
Miller Street Water Reclamation Facility Upgrades Project
Article A. Purpose:
The purpose of this Exhibit is to authorize and direct Ardurra Group, Inc. (CONSULTANT) to provide
Project Management, Final Design, Bid, and Construction Phase services for the Miller Street Water
Reclamation Facility (MS WRF) Upgrades Project (PROJECT) for the Clay County Utility Authority
(OWNER). CONSULTANT was selected by the OWNER based upon the proposals submitted in
response to Request for Qualification (RFQ) 2025/2026-A01. This scope of services is consistent with
the intent of the RFQ and the CONSULTANT's proposal.
The Clay County Utility Authority (CCUA) owns and operates the Miller Street Water Reclamation
Facility (MS WRF), located at 1601 Bartlett Avenue, Orange Park, Florida. Originally constructed in the
early 1970s, the facility operates under a Florida Department of Environmental Protection (FDEP)
Domestic Wastewater Facility Permit (FL0025151)with an Annual Average Daily Flow (AADF) capacity
of 2.99 million gallons per day (MGD). The existing facility consists of a headworks, two (2) oxidation
ditches with brush aerators, four (4) final clarifiers, two (2) traveling bridge sand filters, and chlorine
contact chambers for disinfection. Effluent is discharged to public access reuse or the St.Johns River.
The facility was constructed in the early 1970s and most of the structures and equipment need
improvement.
A condition assessment conducted by CCUA identified significant structural and mechanical
deterioration in the upper exterior portions of the headworks, including extensive corrosion affecting
the structure, equipment, and piping. The canopy covering the dumpster also exhibited severe
degradation.While an interior inspection was not conducted, coating color indicates that the internal
walls have undergone at least one protective coating rehabilitation since the headworks' construction
in 2001.
The existing Headworks and its associated components have reached the end of their useful life and
need replacement. Time is of the essence to execute this project. The existing Headworks must
remain in operation throughout construction and interruptions to its service shall be avoided. This
project includes:
• A new influent structure and plant headworks, including flow splitter box, automatic mechanical
screen, emergency bar rack, odor control system,washing press, and grit separation unit. Influent
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CLAY COUNTY UTILITY DEPARTMENT
MILLER STREET WRF UPGRADES
structure and headworks shall be designed with a flow splitter box to the two (2) existing
oxidation ditches. To accommodate potential future flows from the service area, the new
headworks will be sized to handle 4.0 MGD average annual daily flow (AADF) and a peak hourly
flow (PHF) of 14.0 MGD.
• A new septage receiving station and associated components.
• Replacement of the existing sodium hypochlorite chemical building.
• Site access and stormwater improvements as necessary for the improvements.
• Replace existing sodium hypochlorite building with new storage and pumping facilities.
• Site wide electrical improvements. Refer to Attachment A.
• All new electrical supply and instrumentation and controls housed in a new electrical building
with necessary heating, ventilation, and air conditioning.
• Integration of the new Work into the site master Supervisory Control and Data Acquisition
(SCADA) system.
• All other processes, facilities, equipment, or components of any type needed to provide a fully
functional Headworks and Septage receiving station.
• Demolition of the existing Headworks and BNR splitter structure.
• Upgrade Lift Station 34 to latest CCUA lift station standards.
Article B. Scope of Services:
CONSULTANT will perform the necessary tasks to complete Final Design Phase, Bid Phase, and
Construction Phase Services for the PROJECT as defined in this Scope of Services.The work associated
with these engineering services is separated into the following tasks:
• Task 1 — Project Management and Coordination
• Task 2 —Topographic Survey
• Task 3 — Geotechnical Investigation
• Task 4— Permitting Services
• Task 5 — Final Design Phase Services
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CLAY COUNTY UTILITY DEPARTMENT
MILLER STREET WRF UPGRADES
• Task 6— Bid Phase Services
• Task 7 — Engineering Services During Construction
• Task 8— Construction Administration Services
Task 1: Project Management and Coordination
CONSULTANT shall provide project management services for the duration of the work described
herein. The work under this task includes:
Task 1.1 Project Management
CONSULTANT will manage staff, subconsultants, and cross discipline coordination and
communication. This task includes assigning work tasks and monitoring progress of engineers in
multiple disciplines and sub-consultants when needed. CONSULTANT will perform miscellaneous
project management and coordination duties throughout the project including tracking budget,
maintaining the project schedule, and preparing monthly invoices and monthly status reports
Task 1.2 Design Milestone Review Meetings
CONSULTANT will coordinate milestone review meetings in accordance with OWNER's procedures.
Reviews are anticipated at 30 percent, 60 percent, and 100 percent design completion. CONSULTANT
will review, consolidate and prepare written responses to OWNER's review committee comments.
Task 1.3 Quality Control (QC)
Activities performed under this task consist of those general functions required to maintain the
project schedule and budget and to control the quality of the work products defined within this
scope to be consistent with CONSULTANT's standards and OWNER's expectations. QC procedures
will include a technical review of the 30 percent and 60 percent design deliverables with a detailed
inter-disciplinary cross check prior to submittal of the 100 percent design deliverable.
Task 2: Topographic Survey
CONSULTANT will perform all topographical surveying required for the entire project which includes
the MS WRF site. Permanent control points based on available existing benchmarks to USGS NAVD
88 datum will be established. The following items will be included in the Survey scope:
Task 2.1: MS WRF Survey
1. Identification of the adjacent property for the purposes of establishing the existing property
corners as necessary.
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CLAY COUNTY UTILITY DEPARTMENT
MILLER STREET WRF UPGRADES
2. Location of all structures within the required boundaries for the purpose of establishing a base
file for use in preparation of design documents. The following points shall also be captured:
a. Existing Headworks - top of wall and weir elevations
b. Existing BNR Splitter Box - top of wall and weir elevations
c. Existing Surge Tank - Top of wall
d. Existing Oxidation Ditch - Top of wall and weir elevations
e. Existing Chlorine Contract Chamber - top of wall and weir elevations
3. Topographical survey of the site within the required boundaries and provide digital terrain model
of the site.
4. Remobilization and location of Geotechnical borings upon completion of drilling.
5. Perform ten (10) subsurface utility excavations to verify the existence and depth of specified
subsurface utilities. Vacuum excavations or other methods shall be employed to determine the
location and depth of utilities up to 6 feet in depth or until groundwater is encountered.
Subsurface utility VVH's shall be in accordance with Standards for a Quality Level A Utility
Investigation as defined by the ASCE Publication 38-02.
Task 3: Geotechnical Investigation
CONSULTANT will subcontract the preparation of Geotechnical Report including design
recommendations for the project, siting boring locations and depths, tailoring field investigation and
laboratory activities to specific requirements of the project as necessary, and customary and in
keeping with best practices for the project type and requirements. The following items will be
included in the Geotechnical Investigation Scope:
Task 3.1: MS WRF Geotechnical Investigation
1. Borings determined to be required for the following structures and processes:
a. New Headworks
b. New Chemical Building
c. New Electrical Building(s) to support proposed improvements
2. Laboratory tests to determine subsurface conditions and provide recommendations for
foundations and subsurface improvements to accommodate proposed structures and processes.
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CLAY COUNTY UTILITY DEPARTMENT
MILLER STREET WRF UPGRADES
3. Coordination with geotechnical subconsultant and oversight of activities, including selection and
marking of boring locations and determination of necessary depths.
4. Analysis of laboratory results and preparation of detailed geotechnical report including field data
(documenting boring logs and groundwater depths), laboratory data, and design
recommendations. Design recommendations shall include foundation recommendations, yard
piping recommendations (pipe bedding, backfill, flexible connections, etc.), pavement
recommendations and general construction recommendations (site preparation, excavation,
subgrade preparation, dewatering, site backfill, etc.).
Task 4: Permitting Services
CONSULTANT shall prepare and provide permit application packages and supporting documentation
or exhibits for the anticipated permit activities. The OWNER shall pay directly all permit fees. The
following is a list of anticipated permits that will be required for this work. CONSULTANT will
coordinate pre-permitting application meetings with applicable regulatory permitting authorities
prior to submitting permit applications.
Task 4.1: FDEP Wastewater Facility Permit Minor Modification
A Minor Permit modification for the MS WRF will need to be conducted for the facility. This generally
includes the following:
1. Prepare the FDEP application Forms 62-620.910_9 for Minor Revision to a Wastewater Facility or
Activity Permit.
2. Assemble plans, Basis of Design Engineering Report, Geotechnical Engineering Report, and other
supporting data for FDEP submittal. Submit and process permit application with FDEP and
respond to requests for additional information. (FDEP application fee to be paid by OWNER).
Task 4.2: Clay County Site Plan
CONSULTANT will submit civil site plans to the Clay County Office of the County Engineer to obtain
Site Plan review and approval (over 9,000 SF impervious). CONSULTANT shall attend a review
committee meeting (anticipated only 1 meeting needed), to address review comments and final
approval. This task does not include preparation of any Land Development Code Waivers, or
preparing a traffic analysis, or environmental/biological survey for the site.This task does not include
filing or processing a Special Use Permit (SUP) for the facility.
Task 4.3: FDEP Environmental Resource Permit (ERP Application)
Prepare Environmental Resource Permit application package for a General ERP permit per FDEP rules.
Electronically file the application to SJRWMD (application fee to be paid by OWNER).
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CLAY COUNTY UTILITY DEPARTMENT
MILLER STREET WRF UPGRADES
Task 4.4: Requests for Additional Information (RAI)
CONSULTANT shall provide all permit coordination, apply for permits as directed by the OWNER, and
respond to all RAls from the various permitting agencies until final permits are secured.
Task 5: Final Design Phase Services
CONSULTANT will prepare complete contract documents (plans and specifications) for bidding of a
construction contract for the work associated with the PROJECT.The Final Design Phase includes 30%
Design, 60% Design, and 100% Design (Bid Documents) milestones. Specific tasks associated with
each design milestone are defined as follows:
Task 5. 1: MS WRF 30% Design Services
1. CONSULTANT will perform geotechnical and survey investigation.
2. CONSULTANT will communicate with permitting and regulatory agencies as required.
3. CONSULTANT will hold an internal multi-disciplinary design workshop.
4. CONSULTANT will finalize design criteria requirements and develop the Draft Preliminary Design
Report.
5. CONSULTANT will review the OWNER's front-end documents for construction contracts and
procurement and develop a preliminary table of contents for the technical specifications.
6. CONSULTANT will generate and submit 30% design deliverable including the hydraulic profile,
site plan, P&ID plans and other general design information. Preliminary drawings will be
developed for the new unit processes and equipment.
7. CONSULTANT will develop the application package required to obtain the new FDEP operating
permit.
8. CONSULTANT will develop the Opinion of Probable Construction Cost (OPCC).
9. CONSULTANT will perform the technical review of the 30% design deliverable.
Task 5.2: MS WRF 60% Design Services
1. CONSULTANT will review and incorporate OWNER's comments on the 30% design deliverable.
CONSULTANT, in conjunction with the OWNER, will identify elements of the design that will be
"frozen" and elements that are still under review by the OWNER.
2. CONSULTANT will hold an internal multi-disciplinary design workshop.
6
CLAY COUNTY UTILITY DEPARTMENT
MILLER STREET WRF UPGRADES
3. CONSULTANT will develop the Final Preliminary Design Report.
4. CONSULTANT will develop preliminary versions of all technical specifications.
5. CONSULTANT will communicate with permitting and regulatory agencies as required.
CONSULTANT will finalize the permit application package for submittal to FDEP and Clay County.
6. CONSULTANT will perform initial reviews of biddability and constructability.
7. CONSULTANT will develop and submit the 60% design deliverable, including updated OPCC.
8. CONSULTANT will perform the technical review of the 60% design deliverable.
Task 5.3: MS WRF 100% Design Services (Bid Documents)
1. CONSULTANT will review and incorporate OWNER's comments on the 60% design deliverable.
2. CONSULTANT will hold final coordination meetings and reviews.
3. CONSULTANT will prepare final Project Manual.
4. CONSULTANT will prepare the final Drawings.
5. CONSULTANT will Sign and Seal the Final Construction Documents for advertisement and
bidding.
Final Design Deliverables
1. Three (3) signed and sealed 11"x17" (half-size) copies of the design deliverable Drawings.
2. Three (3) signed and sealed copies of the design deliverable Technical Specifications (Project
Manual).
3. One electronic signed and sealed copy of the Drawings, Technical Specifications, and OPCC in
PDF format via USB Flash Drive or download link, and coordination with Owners Procurement
Department, helping facilitate advertisement for Bid via Owner's Bonfire platform.
4. Asset table for insurable items.
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CLAY COUNTY UTILITY DEPARTMENT
MILLER STREET WRF UPGRADES
Task 6: Bid Phase Services
The work under this task will include the following:
Task 6. 1: Bid Phase Services
1. CONSULTANT will attend bid opening and assist CCUA's chair at the pre-bid conference.
2. CONSULTANT will respond in writing to questions from bidders and prepare addenda, and
coordinate with OWNER as necessary.
3. CONSULTANT will prepare the Recommendation of Award Letter that includes the following
required content:
a. Check for math errors and reconciliation of any mathematical discrepancies.
b. Review for unbalanced bid items.
c. Certified Bid Tabulation.
d. Review of contractor's qualifications, financial standing, and references provided.
e. Recommendation to award.
4. CONSULTANT will attend Board of Supervisors Meeting and present recommendation for award
of Contract for Construction, as required.
5. CONSULTANT will produce and transmit three (3) hard copies of the Conformed Drawings
(11x17), Specifications and Project Manual to the OWNER, ready for execution by the selected
Contractor, with the OWNER's Notice of Intent to Award (NOI).
Task 7: Engineering Services During Construction
The work under this task will include the following:
Task 7. 1: Monthly Progress Meetings
CONSULTANT will attend Monthly Progress Meetings to be held during the project with the OWNER
and Contractor to discuss aspects of the project presently underway, project schedule, project spend
and upcoming issues. The scope of work assumes eighteen (18) progress meetings that will be
facilitated by the CONSULTANT. These meetings will generally be about two (2) hours in duration.
The appropriate CONSULTANT team members shall attend these meetings to discuss pertinent
issues, typically by one or two people.
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CLAY COUNTY UTILITY DEPARTMENT
MILLER STREET WRF UPGRADES
Task 7.2: Site Visits
CONSULTANT will make visits to the site to observe construction progress at intervals appropriate to
the construction stage. Visits will be conducted when deemed necessary by the CONSULTANT or
Contractor, and at a minimum of once per month in conjunction with the construction progress
meetings to observe construction progress. The purpose of the visits will be to assess the
construction progress, quality of the work, and determine if the work is proceeding in accordance
with the Contract Documents.The scope of work assumes eighteen (18)total site visits for the project
conducted by one representative from the CONSULTANT's team scheduled to coincide with the
monthly project meetings. Ten (10) additional site visits are included to cover inspections by various
discipline leads that may be required throughout construction. Site visit reports will be provided via
an email documenting the details of each site visit. The Site visit reports will be provided through the
CONSULTANT's Project Management information system.
Task 7.3: Submittal Reviews
CONSULTANT will review and approve, or take other appropriate action, with respect to OWNER
DIRECT PURCHASES, shop drawings, equipment operation manuals, samples, and other data which
the Contractor is required to submit for conformance with the Contract Documents. CONSULTANT
assumes there will be 100 original submittals and 50 resubmittals. The CONSULTANT will evaluate
and determine the acceptability of substitute materials and equipment proposed by the Contractor
and make recommendations to the OWNER as to their acceptance or rejection. Submittal review
responses will be provided through the CONSULTANT's Project Management information system.
Task 7.4: Requests for Information and Design Clarifications
The CONSULTANT will address Requests for Information (RFIs) submitted during construction to
provide additional feedback regarding the intent of the Contract Documents. Such clarifications and
interpretations will be consistent with the intent of and reasonably inferable from the Contract
Documents.The CONSULTANT will recommend Design Clarifications (DCs) and entitlement, if any, to
the OWNER's staff as appropriate for the OWNER to accept the required changes, if any. The
CONSULTANT will issue the finalized DCs. If the Contractor issues a change order, the CONSULTANT
shall not issue or have the authority to accept or approve such DCs until the OWNER has accepted
the Contractor's cost and schedule change proposal to implement such DCs. RFI responses and DCs
will be provided through the CONSULTANT's Project Management information system. CONSULTANT
assumes there will be 30 RFIs and 10 DCs.
Task 7.5: Start-up, Testing and Commissioning Assistance
CONSULTANT will participate in conference calls and site visits for start-up coordination, as requested
by the OWNER or Contractor. CONSULTANT will review start-up plans prepared by the Contractor.
CONSULTANT shall assist the OWNER in the start-up of the various treatment components to ensure
9
CLAY COUNTY UTILITY DEPARTMENT
MILLER STREET WRF UPGRADES
they are functioning properly and in accordance with the design documents and to suggest
adjustments/improvements to optimize operations. Factory Witness Testing of equipment is not
anticipated for the PROJECT.
Task 7.6: Substantial and Final Completion Inspections
Once notified by the Contractor that the construction work is substantially complete, the
CONSULTANT will have a representative from each discipline on site to conduct the necessary
inspection(s), in conjunction with the OWNER and Contractor,to determine if the work is substantially
complete. After considering any objections by the OWNER, the CONSULTANT will deliver a list of
items to be corrected or completed prior to achieving Final Completion. The Substantial Completion
Certificate and Punchlist will be provided through the CONSULTANT's Project Management
information system (Procore). Once notified by the Contractor that the punch list items are complete,
the CONSULTANT will conduct a final inspection to determine if the completed work is acceptable.
The CONSULTANT will give written notice to the OWNER and Contractor once the work is found to
be acceptable and recommend final payment to the Contractor. The Final Completion Letter will be
provided through the CONSULTANT's or the OWNER's Project Management information system.
Task 7.7: Record Drawings
The Contractor will provide the CONSULTANT with the complete record of As-Built redlines
(Contractor's record of field changes to the work) and the CONSULTANT will develop record drawings
for the PROJECT based on those As-Built redlines. CONSULTANT will provide Record Drawings in
electronic format (CAD and PDF files) along with three (3) half size (11x17) hard copies and two (2)
full size (22x34) hard copies for the OWNER's records. CONSULTANT will submit record drawings
along with signed and sealed as-built certifications to Clay County and FDEP.
Task 7.8: Operation and Maintenance Manual
1. CONSULTANT will develop an Operation and Maintenance (O&M) Manual to provide reliable
access to facility process and electrical equipment operation information such as permits,
equipment/vendor O&M manuals, standard operating procedures (SOPs), and photos. The
proposed O&M Manual will be implemented with a PDF-based system to combine these
elements into a single bookmarked PDF file.
2. Develop O&M Manual: CONSULTANT will develop and review a Draft O&M Manual Table of
Contents with the OWNER to develop a Final O&M Manual Table of Contents. Each section of
the O&M Manual will include the following bookmarked information:
a. Standard Operating Procedures (SOPs): In conjunction with OWNER staff and the
equipment/vendor O&M manuals, the CONSULTANT will develop SOPs for process
equipment. SOPs will include Normal Operation, Alternate Operation, Emergency Operation,
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CLAY COUNTY UTILITY DEPARTMENT
MILLER STREET WRF UPGRADES
Shutdown Considerations and Restart Considerations, as applicable to the process unit or
equipment.
i. Draft SOPs will be transmitted to the OWNER for review and comment. SOPs involve
safety to personnel and equipment; therefore, all draft SOPs will require approval from
the OWNER prior to being finalized.
ii. Upon approval of each SOP by the OWNER, the CONSULTANT will finalize the SOP for
inclusion in the O&M Manual.
b. Equipment/Vendor O&M Manuals: The equipment/vendor O&M manuals will be
incorporated into the O&M Manual to allow their content to be accessed from the applicable
O&M Manual sections.
c. Photographs: CONSULTANT will capture and process photographs for inclusion in the O&M
Manual. Photographs of select processes and process equipment will be annotated to identify
important features and integrated into relative locations of the documents.
3. Draft O&M Manual: The CONSULTANT will develop a complete Draft O&M Manual, which will
combine SOPs, equipment/vendor O&M manuals, and photographs into a single PDF document.
The CONSULTANT will submit the Draft O&M Manual to the OWNER for review via upload to
Procore and via USB flash drive.
4. Final O&M Manual: CONSULTANT will incorporate OWNER comments from the Draft O&M
Manual into the Final O&M Manual. The Final O&M Manual will be delivered to the OWNER via
upload to Procore and via USB flash drive. The CONSULTANT will also provide three (3) hard
copies of Final O&M Manual. Hard copies will be limited to the content of each section of the
Final O&M Manual consisting of the Process Overview, Process Control, Equipment Control,
Modes of Operations, Maintenance, and Safety subsections. Equipment/vendor O&M manuals
will not be part of the hard copies.
Task 8: Construction Administration Services
The work under this task will include the following:
Task 8.1: Pre-Construction Services
1. Schedule, prepare agenda for, and conduct the pre-construction meeting; record and
disseminate minutes from pre-construction meeting.
2. Utilize the CONSULTANT's Project Management information system: set communications
protocol and contract administration procedures, establish progress meeting schedule and
submittal schedule.
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CLAY COUNTY UTILITY DEPARTMENT
MILLER STREET WRF UPGRADES
3. Provide agenda for meetings: Key milestone dates, pay application procedures, schedule, public
notification issues and procedures, utility coordination issues, permitting, property owner
notification and coordination, temporary facilities, Contractor's use of the CONSULTANT's Project
Management information system.
Task 8.2: Pay Applications
1. Pay applications will be generated by the Contractor. OWNER and CONSULTANT will review and
verify that the quantities provided by Contractor are correct for all work and that all work
complies with the contract documents.
2. Review work conducted daily on daily inspection reports and material installed measurements
submitted by Contractor; verify work conducted and bid item quantities via the CONSULTANT's
Project Management information system; meet monthly to review pay estimate and quantities
with Contractor.
3. Review progress pay application with CONSULTANT for approval or revision prior to submittal to
OWNER.
4. Provide an independent quantity forecast bid items to identify potential quantity over-runs as
part of pay estimate review. Upon completion of the work, prepare a final progress payment
including a balancing change order zeroing out all unused quantities utilizing the CONSULTANT's
OWNER's Project Management information system. Identify and add additional quantities and
make any approved changes to the Contract Time.
Task 8.3: Document Control
1. Utilize the CONSULTANT's Project Management information system to: receive, route, track, and
log all Submittals, Change Orders, RFIs, Pay Applications and the Citizen Complaint/Resolution
Log. Communicate with the Contractor on the status of submittal reviews and review the
submittal and RFI log in the CONSULTANT's Project Management information system to ensure
timely responses. Notify OWNER, Contractor and CONSULTANT of time critical issues.
Task 8.4: Change Orders
1. Prepare and issue request for proposals in a timely manner via the CONSULTANT's Project
Management information system. Review Change Order and Contractor proposal for additional
work with OWNER and CONSULTANT for approval. Ensure the status of Change Order and
Responses from Contractor, OWNER and CONSULTANT are uploaded/logged and tracked in the
CONSULTANT's Project Management information system.
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CLAY COUNTY UTILITY DEPARTMENT
MILLER STREET WRF UPGRADES
2. Provide recommendation on technical matters as an advocate for the OWNER. Evaluate
Contractor's response/proposal for entitlement, merit, cost, time, accuracy, and price practicality.
Negotiate with Contractor on OWNER's behalf if required.
3. Prepare Change Order and documentation including signatures of Contractor, CONSULTANT and
Construction Manager for OWNER review in the CONSULTANT's Project Management
information system.
Task 8.5: Testing Laboratory and Results
1. Review test reports for compliance with Contract Documents. Log, track and retain test reports
in the CONSULTANT's Project Management information system. Review results with the
Contractor. Monitor any corrective action and re-testing for compliance. Maintain compliance
with OWNER's specifications
2. Review Invoicing from Laboratory for alignment to daily activities.
Task 8.6: Project Completion and Closeout
1. Provide list of deliverables for substantial completion walk through/inspection. Schedule and
conduct project walk through upon receipt of Contractor's notification of substantial completion.
Include OWNER, CONSULTANT, and others as directed. Prepare a list of non-conforming work
based on visual inspections via the CONSULTANT's Project Management information system.
Record and monitor Contractor's corrective efforts and schedule. Schedule final completion
inspection for any remaining corrections.
2. Coordinate and obtain CONSULTANT's signature and seal on Substantial Completion certificate
and Final Completion and Acceptance certificate via the CONSULTANT's Project Management
information system.
3. Ensure that Contractor submits all Operation and Maintenance, training, warranties, and
maintenance bond documents to the CONSULTANT as required by the Contract Documents.
Ensure Contractor's closeout documents are uploaded to the CONSULTANT's Project
Management information system. Review for completeness and accuracy, including affidavits of
final payment, final pay estimates, as built records, redlines, and drawings. Once received, notify
the CONSULTANT and OWNER when completed, and upload to the CONSULTANT's Project
Management information system.
4. Conduct Project Close-Out Meeting.
5. Prepare and recommend final payment application. (Prepare job record logs transmittals, and
correspondence reports in an organized file for delivery to OWNER.)
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CLAY COUNTY UTILITY DEPARTMENT
MILLER STREET WRF UPGRADES
Article C. Assumptions
The following assumptions were used in the development of this task order assignment:
1. OWNER to pay all permitting fees.
2. Construction inspection services will be provided by the OWNER.
Article D. Compensation
For performing the engineering services of this Task Order, OWNER agrees to pay CONSULTANT an
estimated fee of $1,611,793.68. See Attachment B for the labor hours' estimate for the lump sum
contract. The lump sum fee shall include compensation for all labor and other direct costs for the
scope of services specified herein.
Article E. Period of Service:
Final Design Phase Services are anticipated to be complete within eight (8) months following the
Notice to Proceed with the work identified in this Scope of Services. Engineering Services During
Construction and Construction Administration Services are anticipated to be complete within
eighteen (18) months following the Construction Notice to Proceed.
Article F. Authorized Representatives:
The Authorized Representatives designated below are authorized to act with respect to this
Supplemental Agreement. Communications between the parties shall be through the Authorized
Representatives:
For CLAY COUNTY UTILITY AUTHORITY For ARDURRA GROUP, INC.
Signature: Signature:
Name: Joe Paterniti, Name: David Rasmussen
Project Manager Client Service Manager
Address: 3176 Old Jennings Rd. Address: 405 Golfway West Dr,
Middleburg, FL 32068 Suite 201A
St. Augustine, FL 32084
Telephone: 904-237-2133 Telephone: 904-562-2185
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CLAY COUNTY UTILITY DEPARTMENT
MILLER STREET WRF UPGRADES
Attachment A
Miller Street WRF Upgrades
Site Wide Electrical Scope of Work
15
ATTACHMENT A:MILLER STREET WRF UPGRADES
SITE WIDE ELECTRICAL SCOPE OF WORK
Site Wide Electrical Scope Of Work
The Miller Street Wastewater Treatment facility has two separate distribution systems, each
receiving a separate utility feed from Clay Electric Cooperative. One service provides power to the
main plant facilities while the second service serves the area associated with the reclaim pump
station. Each distribution system receives one utility feeder from Clay Electric Cooperative and a
feeder from its own diesel standby generator.
The electrical system at the reclaim pump station was installed in 2010, is in good working
condition and expected to remain operational for another 15 years if maintained adequately. The
MCC was manufactured by Eaton and replacement parts and buckets for this line of product are
still in production and readily available for purchase.
The electrical distribution system at the main facilities includes several pieces of distribution of
equipment, some original to the plant construction and others replaced in recent years.The pieces
of gear original to the plant construction have reached the end of their useful life and replacement
is recommended.
The following actions are recommended:
• At the main electrical building:
o Demolition of panel SP-1 and transfer of associated loads to spare buckets on MCC-2,
MCC-3 and MCC-4: Panel SP-1, 480V panel with a 1000A main breaker and 1000A bus
used to serve several pieces of process equipment when originally installed.Over the years,
equipment was removed and the panel is left feeding minimal electrical loads. Removing
panel SP-1 will free up wall space, and the associated feeder breaker in the main plant
distribution switchboard providing operational flexibility if loads ever need to be added to
the east side of the plant in the future.
• At the second electrical building:
o Replacement of starters and panels original to the plant construction:The second electrical
building hosts a series of wall mounted starters, drives and panelboards original to the
plant construction that have reached their useful life.The distribution equipment feeds the
existing headworks equipment, plant aerators, several plant rotors and some
miscellaneous process panels. Due to the structural condition of the second electrical
building, it is recommended that the building be demolished and that a new Motor Control
Center(MCC) be installed in a new air conditioned electrical building.The new MCC (MCC-
5) would be fed from the main plant switchboard located in the main electrical building
16
ATTACHMENT A:MILLER STREET WRF UPGRADES
SITE WIDE ELECTRICAL SCOPE OF WORK
and power loads on the west side of the plant such as the headworks, septage receiving
station and existing process loads currently powered from the second electrical building.
The main plant switchboard was assessed for capacity and is capable of powering the
entirety of the proposed and existing load.
• Throughout the facility:
o Replacement of several control panels (RAS Pump control panels as necessary, In plant
reuse pump station and lift station No.34) that do not meet CCUA's latest control panel
standards and for which spare parts were found difficult to obtain. Provide a new electrical
feed to lift station No. 34.
o Replacement of Low voltage panel at the generator building. The panel has reached the
end of its useful life and needs to be replaced.
o Removal of PLCs from MCC-3 in the main electrical building and from the MCC at the
reclaim pump station and transfer of functionality to the main PLCs located in the
associated buildings: the PLCs are obsolete and parts have been difficult to obtain when a
component fails. It is also not CCUA's standard anymore to host PLCs within MCC buckets.
o Replacement of panel SP-3 at the lime building.The panel has reached the end of its useful
life and needs to be replaced. Minimal loads are present at the lime building and the
proposed panel can be downsized. The lighting and exhaust fan are the only loads that
require power.
o Removal of abandoned panels at the lime building and the belt thickener structure.
o Relocation of the return sludge panel at the belt thickener structure to provide adequate
NEC clearances.
o Removal and replacement of effluent pump disconnects: Inadequate NEC clearance is
available in front of the disconnects and the disconnects are located in the way when the
pumps need to be pulled for maintenance. Additionally, the disconnects and the
associated conduit system back to the effluent VFDs are in overall poor condition and it is
recommended to replace them with disconnects in a NEMA 4X 316SS enclosure.
Disconnects will also be provided with make before break contact wired to the proposed
VFDs to reduce the risk of damage associated with opening a disconnect while a pump is
in operation.
o New feeder from Main to the new electrical building
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ATTACHMENT A:MILLER STREET WRF UPGRADES
SITE WIDE ELECTRICAL SCOPE OF WORK
o Network all PLCs together with fiber optic cable and integrate all controls and instruments
for new facilities/
o Secondary aerator panels in both BTUs are in the eastern electrical building. Move the
panels to the new electrical building with the primary aerator panels.
o Conduct Arc Flash Study.
o For the new building, consider additional electrical conduits under the slab to
accommodate future upgrades.
18
Attachment B
Clay County Utility Authority
Miller Street WRF Upgrades
Fee Estimate
Sr.Professional Professional Engineering Senior CADD
Task Senior Reviewer Project Manager Engineer Engineer Intern II Designer CADD Designer Administrative Total
Rates $322.40 $225.75 $257.92 $193.44 $154.75 $154.75 $122.51 $96.73 Hours Total Cost
Task 1 Project Management and Coordination
1.1-Project Management 40 40 84 $ 14,202.88
1.2-Design Milestone Review Meetings 12 8 12 24 12 68 $ 15,269.40
1.3-Quality Control(QC) 240 8 248 $ 79,182.00
Subtotal Task 1 252 56 12 24 12 0 0 40 400 $ 108,654.28
Task 2 Topographic Survey
2.1-MS WRF Survey 6 8 16 30 $ 5,068.50
Subtotal Task 2 0 6 0 0 8 16 0 0 30 $ 5,068.50
Task 3 Geotechnical Investigation
3.1-MS WRF Geotechnical Investigation 8 8 12 8 36 $ 6,964.36
Subtotal Task 3 0 8 8 0 12 8 0 0 36 $ 6,964.36
Task 4 Permitting Services
4.1-FDEP Wastewater Facility Minor Modification 8 16 24 $ 4,282.00
4.2-Clay County Site Plan 8 24 32 $ 6,448.56
4.3-FDEP Environment Resource Permit(ERP Application) 8 60 68 $ 13,412.40
4.4-Request for Additional Information(RAI) 4 16 20 $ 3,998.04
Subtotal Task 4 0 28 0 100 16 0 0 0 144 $ 28,141.00
Task 5 Final Design Phase Services
5.1-MS WRF 30%Design Services 40 220 240 480 120 160 16 1,276 $ 226,197.28
5.2-MS WRF 60%Design Services 64 320 420 620 180 240 24 1,868 $ 333,751.12
5.3-MS WRF 100%Design Services 32 160 180 360 80 100 8 920 $ 164,425.24
Subtotal Task 5 0 136 700 840 1,460 380 500 48 4,064 $ 724,373.64
Task 6 Bid Phase Services
6.1-Bid Phase Services 24 24 16 40 8 112 $ 21,666.96
Subtotal Task 6 0 24 24 16 40 0 0 8 112 $ 21,666.96
Task 7 Engineering Services During Construction
7.1-Monthly Progress Meetings 60 60 60 60 16 256 $ 51,459.28
7.2-Site Visits 36 120 36 36 228 $ 51,612.24
7.3-Submittal Reviews 16 180 260 24 480 $ 92,594.12
7.4-Requests for Informations and Design Clarifications 8 40 32 54 8 40 182 $ 32,807.78
7.5-Start-Up,Testing,and Commissioning Assistance 8 40 16 64 $ 14,598.80
7.6-Substantial and Final Completion Inspections 4 16 24 4 48 $ 9,130.64
7.7-Record Drawings 8 32 8 40 8 120 216 $ 33,736.16
7.8-Operation and Maintenance Manual 8 32 80 24 4 148 $ 25,766.60
Subtotal Task 7 0 148 520 136 570 16 184 48 1,622 $ 311,705.62
Task 8 Construction Administration Services
8.1- Pre-Construction Services 8 40 8 24 2 82 $ 17,577.78
8.2-Pay Applications 36 36 $ 8,127.00
8.3-Document Control 16 40 56 $ 7,481.20
8.4-Change Orders 8 12 8 28 $ 6,448.56
8.5-Testing Laboratory and Results 40 2 42 $ 10,510.26
8.6-Project Completion and Closeout 4 24 8 32 4 72 $ 13,979.52
Subtotal Task 8 0 72 116 24 56 0 0 48 316 $ 64,124.32
LABOR SUBTOTAL 252.00 478.00 1380.00 1140.00 2174.00 420.00 684.00 192.00 6724.00 $ 1,270,698.68
%Labor per Category 4% 7% 21% 17% 32% 6% 10% 3% 100%
OUTSIDE PROFESSIONALS
Joseph Lawrence Industrial Engineers,LLC(HVAC Design) I $ 51,500.00
Wekiva Engineering,LLC(Structural Design) $ 108,150.00
DRMP,Inc.(Survey and SUE) $ 33,740.00
UES Professional Solutions,LLC(Geotechnical Investigation) $ 12,000.00
Global Construction Estimating,Corp(Cost Estimating) $ 135,705.00
LUMP SUM TOTAL I$ 1,611,793.68