Agenda 07/08/2014 Item # 11F7/8/2014 11. F.
EXECUTIVE SUMMARY
Recommendation to award bid number 14 -6270, South Reverse Osmosis Wellfield Medium Voltage
Cable Replacement, to Quality Enterprises USA, Inc., in the amount of $1,694,999; approve a
Work Order in the amount of $306,826 to CDM Smith, Inc., for construction services; and,
authorize a budget amendment in the amount of $1,400,000 for the Well/Plant Power Systems
Project 70069.
OBJECTIVE: Maintain a reliable raw water supply for the reverse osmosis water treatment system at
the South County Regional Water Treatment Plant (SCRWTP) that serves customers throughout the water
service area. This action is to approve a contract for installation of medium voltage electrical cable and
appurtenances, award a work order for construction services, and provide the necessary funding through a
budget amendment.
CONSIDERATIONS: The proposed scope of work is consistent with the 2010 Potable Water CIP
Update, Project 70069, formerly titled " NCRWTP Emergency Generator Switchgear Upgrades" page 2 of
4, line 61, as identified in the 2011 User Fee Rate Study. The project scope and title were modified for
FY2014 to consolidate all water plant and wellfield power system projects, including the South Reverse
Osmosis (SRO) medium voltage cable replacement project. The new title for project 70069 is Well /Plant
Power Systems.
The SCRWTP was constructed to supply power to nine remote raw water supply wells (wells No. 1
through 9) through a five -mile power distribution loop configuration. This loop was originally designed
to provide the wells with a dual power feed such that if one feed failed, the other would continue to
supply power. The direct buried medium voltage cable experienced multiple failures, and a review of the
system was performed. The report indicated that approximately half of the cable system was deemed not
worthy of further repair; therefore, the return loop portion of the wellfield electrical distribution system
was abandoned. This resulted in a single feed system with reduced reliability whereby a single cable or
transformer failure could cause the remaining wells to be lost from production. A program was developed
to restore reliability to the SRO wellfield power system.
The first phase of the program removes wells No. 5, 6, 7, and 8 from the plant's service, and instead
powers them from a nearby separate Florida Power and Light (FPL) service. Wells 7 and 8 are currently
powered by this separate service. On April 8, 2014, as Agenda Item 16C1, the Board of County
Commissioners (Board) approved an agreement with FPL to provide electrical service to wells 5 and 6.
This project is the second phase of the program, improving reliability for the wells closest to the plant
(Wells No. 1, 2, 3, 4, and 9). These wells will be powered by the plant service through a shorter, 2.3 mile
medium voltage distribution loop that will provide the needed reliability. Two transformers will be
installed at the plant boundary and at each well site. The existing cable was direct buried, and not
installed in a conduit. This project will install the cable in concrete- encased conduit, which is more
durable and serviceable. Back -up plant generator power will be available from the plant for wells No.
1, 2, 3, 4, and 9, and portable generators are available for deployment at wells No. 5, 6, 7, and 8.
Bid number 14 -6270 was advertised on March 19, 2014, with 2,246 notices sent to vendors that provide
the described services. Sixty -nine prospective bidders downloaded plans and specifications. On May 8,
Packet Page -374-
7/8/2014 11. F.
2014, sealed bids for the construction of this project were opened. The three bids received are
summarized below.
VENDOR
BID
Cogburn Bros., Inc.
$1,695,000.00
Wilco Electrical LLC
$1,769,063.71
Quality Enterprises USA, Inc.
$1,777,592.92
Quality Enterprises USA, Inc., submitted the local vendor preference affidavit and was within 10 percent
of the lowest non -local bidder's price. Accordingly, Quality was offered the opportunity to the "right to
match" the lowest responsive non -local offered price. Staff received evidence of their acceptance, along
with a copy of their "Drug -Free Workplace" affidavit. In accordance with purchasing policy, Quality
Enterprises USA, Inc., agreed to match the lowest non- bidder's price, for the final amount of
$1,694,999.00.
Staff determined the lowest quote to be fair and reasonable and recommends awarding the project to
Quality Enterprises USA, Inc., the lowest responsive and qualified vendor. The quote received was 3
percent less than the engineer's cost opinion, including allowance. The design professional, CDM Smith,
Inc., in Attachment 3 dated June 10, 2014, recommends award to Quality Enterprises, USA, Inc.
The bid specifications informed the bidders there may be unforeseen conditions associated with the
project. The total project cost incorporates an allowance in the amount of $100,000.00 which includes,
but is not limited to, additional support equipment, personnel time and /or replacement materials as
determined by staff that may be required during construction. The price for any additional work shall be
negotiated prior to commencement of additional work in accordance with the County's Purchasing Policy
and the terms of the agreement.
A Work Order, under Contract 04 -3593, is requested to be issued to CDM Smith, Inc., in the amount of
$306,826 to provide Construction Services. These services include, but are not limited to, general
administration of the construction contract, attendance at progress meetings, review of shop drawings,
requests for additional information, change requests, pay requests and inspection services.
FISCAL IMPACT: Funding is available in, and is consistent with, the FY2014 Capital Budget
approved by the Board on September 19, 2013. Funds are available in the Water User Fee Fund (412),
Well/Plant Power Systems Project 70069. A budget amendment in the amount of $1,400,000 from
Reserve for Contingencies is requested as part of this action.
The table below reflects the operating budget impact of the completed project. The operating funding
source will be the Operating User Fee Fund (408). Operating costs will increase by approximately $1,000
per year for additional maintenance of unit substation transfonners.
Elements
FY 2014
FY 2015
FY 2016 - FY2023
Capital Outlay
$1,694,999
$0
$0
Capital Cost Avoidance
$0
$0
$0
Operating Cost
$0
$1,000
$8,000
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval. —SRT
Packet Page -375-
7/8/2014 11. F.
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board of County Commissioners, Ex- officio the Governing Board of
the Collier County Water -Sewer District,
1. award Contract 14 -6270 to Quality Enterprises USA, Inc., in the amount of $1,694,999,
which includes an allowance in the amount of $100,000 for unforeseen conditions;
2. award a work order to CDM Smith, Inc., in the amount of $306,826;
3. authorize the Chairman to sign the attached contract and work order after final review by the
County Attorney's Office; and
4. approve the necessary budget amendment to transfer funds in the amount of $1,400,000 from
Reserve for Contingencies to Project 70069.
Prepared By: Alicia A
Attachments:
• Attachment I
• Attachment 2
• Attachment 3
• Attachment 4
• Attachment 5
• Attachment 6
bbott, Project Manager
Bid Tabulation with "Right to Match"
Quality Enterprises USA, Inc. Letter of Intent
Public Utilities Bid Analysis
CDM Smith, Inc. Recommendation Letter
Contract
CDM Smith Work Order
Packet Page -376-
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.F.
7/8/2014 11. F.
Item Summary: Recommendation to award bid number 14 -6270, South Reverse Osmosis
Wellfield Medium Voltage Cable Replacement, to Quality Enterprises USA, Inc., in the amount
of $1,694,999; approve a Work Order in the amount of $306,826 to CDM Smith, Inc., for
construction services; and, authorize a budget amendment in the amount of $1,400,000 for the
Well /Plant Power Systems Project 70069. (George Yilmaz, Public Utilities Division
Administrator)
Meeting Date: 7/8/2014
Prepared By
Name: AbbottAlicia
Title: Project Manager, Public Utilities Engineering
6/13/2014 12:33:46 PM
Submitted by
Title: Project Manager, Public Utilities Engineering
Name: AbbottAlicia
6/13/2014 12:33:47 PM
Approved By
Name: JohnsonScott
Title: Manager - Procurement, Purchasing & General Services
Date: 6/13/2014 3:57:35 PM
Name: Pam Libby
Title: Manager - Water Distribution & Wellfield, Water
Date: 6/13/2014 4:06:37 PM
Name: HapkeMargie
Title: Recycling Coordinator, Solid & Hazardous Waste Management
Date: 6/16/2014 9:33:37 AM
Packet Page -377-
7/8/2014 11. F.
Name: Joseph Bellone
Title: Director - Operations Support, Utilities Finance Operations
Date: 6/16/2014 9:48:50 AM
Name: SunyakMark
Title: Project Manager, Principal, Public Utilities Engineering
Date: 6/16/2014 10:39:14 AM
Name: BrilhartBrenda
Title: Procurement Specialist, Purchasing & General Services
Date: 6/1 6/2014 2:1 3:31 PM
Name: WardKelsey
Title: Manager - Procurement, Purchasing & General Services
Date: 6/17/2014 1:00:37 PM
Name: Steve Messner
Title: Director - Water, Water
Date: 6/18/2014 8:54:45 AM
Name: ChmelikTom
Title: Director - Public Utilities Engineering, Public Utilities Engineering
Date: 6/19/2014 4:16:43 PM
Name: JohnsonScott
Title: Manager - Procurement, Purchasing & General Services
Date: 6/20/2014 12:10:32 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 6/20/2014 2:42:48 PM
Name: YilmazGeorge
Title: Administrator - Public Utilities, Public Utilities Division
Date: 6/24/2014 3:13:46 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/26/2014 5:08:45 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 7/1/2014 4:05:49 PM
Packet Page -378-
7/8/2014 11. F.
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 7/2/2014 8:28:35 AM
Packet Page -379-
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e"i. FJiALiT`�F
ENTERPRISES
May 30, 2014
Ms. Brenda Brilhart
Procurement Strategist
Collier County Government
3327 Tamiami Trail East
Naples, Florida 34112
Re: 14 -6270 S RO Wellfield Medium Voltage Cable Replacement
Ms. Brilhart,
Please be advised that Quality Enterprises USA, Inc., as the local vendor, hereby intends to
match the lowest bid amount of $1,695,000.00 for the referenced project and accept award of
same.
Please let me know if any additional information is required of us at this time.
Sincerely yours,
Louis J. Gaudio
Vice President
Packet Page -381-
208 Tintern Court 3894 Mannix Drive, Suite 21(
Chesapeake, VA 23320 Naples, FL 34114 -540(
(757) 548 -8000 (239) 435720(
Fax (757) 548 -2600 Fax (239) 435.720
Lid! CBCA5723'
Packet Page -382-
7/8/2014 11. F.
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7/8/2014 11. F.
7/8/2014 11. F.
CEW
Smith
2180 W. First Street
Suite 400
Fort Myers, Florida 33901
tel: 239 938 -9600
fax: 239 339 -6418
June 10, 2014
Ms. Alicia Abbott
Public Utilities Planning and Project Management Department
3339 Tamiami Trail East, Suite 303
Naples, FL 34112
Subject: SRO Wellfield Medium Voltage Cable Replacement
Invitation to Bid #14 -6270
Low Bid Evaluation — Recommendation for Award
Dear Ms. Abbott:
On May 8, 2014, bids were received by Collier County for the SRO Wellfield Medium Voltage
Cable Replacement. Three bids were received. The apparent low bid was submitted by
Cogburn Bros., Inc. in the amount of $1,695,000.00 for Base Items i through 8, plus the
identified project allowance ($ioo,000). The other bidders were $1,777,592.95 submitted by
Quality Enterprises USA, Inc. and $1,769,063.71 submitted by Wilco Electrical LLC. Quality
Enterprises USA, Inc. submitted an Affidavit for Claiming Status as a Local Business with its
bid submittal. Quality Enterprises USA, Inc. was deemed to comply with the requirements
of the local business ordinance by the Collier County Purchasing department and provided
the opportunity to match the apparent low bid. Quality Enterprises USA, Inc. agreed to
match the low bid amount of Qi,695,000.00 for Base Items i through 8, plus the identified
project allowance ($100,000) and is considered by the County as the low bidder. The low bid
is within one percent of CDM Smith's opinion of probable construction cost.
CDM Smith has reviewed the bid package and experience of the low bidder, as well as
contacting clients for referenced projects. Following the submittal of additional information
through the Collier County Purchasing Department, CDM Smith finds that Quality
Enterprises USA, Inc. and their electrical subcontractor, Simmonds Electrical of Naples, Inc.
have performed satisfactorily on previous projects with similar electrical construction
scopes. Additionally, sufficient information on the qualifications of Simmonds Electrical of
Naples, Inc.'s staff and proposed superintendent were provided to demonstrate compliance
with the contract requirements.
In summary, we believe that Quality Enterprises USA, Inc. is the lowest, responsive,
responsible vendor and is qualified to perform the construction of the SRO Wellfield
Medium Voltage Cable Replacement project. CDM Smith recommends that Collier County
award the project for the total lump sum for Base Items i through 8, plus the project
allowance.
Packet Page -383- 3NMENT +TRANSPORTATION + ENERGY+ FACILITIES __.
7/8/2014 11. F.
Ms. Alicia Abbott
June 10, 2014
Page 2
Should you have any questions or wish to discuss the quote further, please do not hesitate to
call us.
Respectfully,
Ja.: n A. Sciandra, P.E.
Senior Project Manager
CDM Smith Inc.
Document Code
Packet Page -384-
7/8/2014 11. F.
WORK ORDER/PURCHASE ORDER
Agreement for Professional Engineering Services
Contract 404 -3593, Wellfield Reliability Improvements & Expansion Program
LI-11 Contract Expiration Date: June 7, 2015 v'
This Work Order is for professional engineering services for work known as:
Project Name: SouthRO We] Ifield Improvements Medium Voltage (MV) Cable
Replacement Construe ion Services
Project No: 70069.10
The work is specified in the proposal dated May 28, 2014, which is attached hereto and made a part
of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above,
this Work Order/Purchase Order is assigned to: CDM Smith, Inc.
Scope of Work: As detailed in the attached proposal and the following:
• Task 1: Construction Phase Services
• Task II: Construction Inspection Services
• Task III: Reimbursible Costs
* This work Order includes sub- consultant services ✓'
Schedule of Work: Complete work within 365 days from the date of the Notice to Proceed which is
accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the
expiration date of Agreement #04 -3593 will survive and remain subject to the terms and conditions of
that Agreement until the completion or termination of this Work Order.
Compensation: In accordance with the Agreement referenced above, the County will compensate the
Firm in accordance with following method(s): ❑Negotiated Lump Sum (NLS) ❑Lump Sum Plus
Reimbursable Costs (LS +RC) ®Time & Material (T &M) (established hourly rate — Schedule A) ❑
Cost Plus Fixed Fee (CPFF), as provided in the attached proposal.
Task 1: $161,926.00 T &M "-
Task II: 140,400.00 T &M
Task III: 4,500.00 T &M
TOTAL FEE $ 306,826.00 T &M
Prepared by: _ t c 1),
Alicia Abbott, Project Manager
Planning and Project Management Department
Approved by:
M J. Sunyak, P.E., Principal Project Manager
Planning and Project Management Department
Packet Page -385-
Date: At A
Date:
Page 1 of 3
7/8/2014 11. F.
Work Order - CDM Smith, Inc.
SRO MV Cable Replacement
Construction Services
Approved by; a -1,11� Date: -
Tom elik, P.E., Director
Plannin & Project M gement Department
Approved b Date:
fi,g-em I) ' by, Wate is ution Manager
Approved b e— Date:
,/ eve Messner. Mater Director
Approved by :'`�,,
f t " "�c'y__ -___ Date:
Jo Bell Utilities Operations Support Director
Approved by: Date: 11 .�
George Yilmaz, Public Utilities Administrator
Approved by: Z— � Date:
Brenda Brilhart, Procurement Strategist
By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby
discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or
currently planned interest or activity (financial, contractual, organizational, or otherwise) which
relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully
disclosed.
Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of
learning of any actual or potential conflict of interest that arises during the Work Order and/or project
duration.
ACCEPTED BY: CDM Smith, Inc.
Paul Pinault, P.E., Associate
Packet Page -386-
wol
Date
U
7/8/2014 11. F.
;rl! WITNESS W:iEREOF, the parties hereto, have each, respectively, by an authorized person or
agent, have executed this Work Order on the date and year first written below.
ATTEST:
Dwight E. Brock, Clerk of Courts
LIM
Dated:
(SEAL)
First fitness
Jason Sciandra
TType /print witness nameT
Second Witness
Kristopher Samples
TType /print witness nameT
Approved as to Form and Legality:
Assistant County Attorney
Print Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LIZA
Tom Henning, Chairman
CDM Smith
Signature
Paul Pinault, P.E., Associate
TType /print signature and titlef
Packet Page -387-
Page 3 of
P
7/8/2014 11. F.
WORK ORDER
FOR
SOUTH RO WELLFIELD IMPROVEMENTS
MV CABLE REPLACEMENT CONSTRUCTION SERVICES
This Authorization, when executed, shall be incorporated in and become part of the Agreement for
Professional Services between the Collier County Public Utilities Division (OWNER), and CDM Smith Inc.
(CONSULTANT), dated June 8, 2004 (Contract No. 04 -3593) hereafter referred to as the Agreement.
PROJECT BACKGROUND
The OWNER owns and operates the South RO Wellfield, which supplies brackish water to the South
County Regional Water Treatment Plant (SCRWTP). In the northern portion of the South RO Wellfield,
nine wells are supplied power from the main plant's medium voltage 4160 -volt power distribution
system. The original cable for this service is direct buried three - conductor 750 kcmil copper 5 kV rated
cable, manufactured in 2002 and installed in 2003. Documented physical and electrical stress has
damaged this cable and reduced its normal estimated 30+ year life. The CONSULTANT prepared a
memorandum dated October 8, 2013, titled, "Collier County South County Regional Water Treatment
Plant (SCRWTP) North SRO Wells - Power System" describing the history of the cable and providing
recommendations for the replacement of the cable.
Given the current state of the cable and the potential for additional failures of the cable to reduce the
reliability and /or capacity of the wellfield, the OWNER has elected to proceed with Option 4 from the
memorandum, which involves the construction of a 13.2 kV cable to Wells 1, 2, 3/9, and 4 and powering
Wells 5, 6, and 7/8 off Florida Power and Light (FPL) service.
The OWNER has requested the CONSULTANT to provide construction phase services for the
replacement of the Medium Voltage (MV) cable. The following scope of work summarizes the services
to be provided by the CONSULTANT.
SCOPE OF WORK
TASK 1- CONSTRUCTION PHASE SERVICES (TIME AND MATERIALS)
Subtask 1.1- Conform Construction Documents
CONSULTANT will conform the Contract Documents incorporating addenda revisions to the drawings
and the technical specifications, as appropriate, for use during the construction phase.
Subtask 1.2 - Pre - Construction and Construction Progress Meetings
CONSULTANT will prepare the agenda, attend and issue meeting notes for one preconstruction
conference and bi- weekly construction progress meetings. It is anticipated that the construction phase
of the project will take 12 months. Therefore, 24 construction meetings (including the Preconstruction
Conference) have been budgeted for. For the preconstruction conference, the CONSULTANT Project
Manager (PM) and lead electrical engineer with attend in person. For progress meetings, the
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CONSULTANT PM will attend in person and the lead electrical engineer will participate via conference
call, unless a site visit is scheduled for the same day.
Subtask 1.3 - General Administration of Construction Contract
CONSULTANT shall consult with and advise OWNER and act as OWNER's representative as provided in
the Contract Documents. All of OWNER's instructions to Contractor will be issued through
CONSULTANT, who shall have the authority to act on behalf of the OWNER in dealings with the
Contractor to the extent provided in the Agreement and said Contract Documents except as otherwise
provided in writing.
CONSULTANT shall evaluate and render the initial opinions on the claims from OWNER and Contractor
relating to the acceptability of the work or the interpretation of the requirements of the Contract
Documents pertaining to the execution and progress of the work.
Subtask 1.4 - Visits to Site and Observation of Construction
The CONSULTANT will provide a full time Resident Project Representative (RPR) from NTP to substantial
completion of the project, as described in Task 2. In addition to the full time RPR and in connection with
observations of the work of Contractor while in progress:
■ CONSULTANT shall make visits to the site at intervals appropriate to the various stages of
construction as CONSULTANT deems necessary to observe, as an experienced and qualified design
professional, the progress and quality of the various aspects of Contractor's work. Such visits and
observations by CONSULTANT are not intended to be exhaustive or to extend to every aspect of the
work in progress, or to involve detailed inspections of the work beyond the responsibilities
specifically assigned to CONSULTANT in this Agreement and the Contract Documents, but rather
are to be limited to spot checking, selective sampling and similar methods of general observation of
the work based on CONSULTANT's exercise of professional judgment. Based on information
obtained during such visits and such observations, CONSULTANT shall endeavor to determine in
general if such work is proceeding in accordance with the Contract Documents and CONSULTANT
shall keep OWNER informed of the progress of the work,
The purpose of CONSULTANT's visits to the site will enable CONSULTANT to better carry out the
duties and responsibilities assigned to and undertaken by CONSULTANT during the Construction
Phase, and, in addition, by the exercise of CONSULTANT's efforts as an experienced and qualified
design professional, to provide for OWNER a greater degree of confidence that the completed work
of Contractor will conform in general to the Contract Documents and that the integrity of the
design concept of the completed Project as a functioning whole as indicated in the Contract
Documents, has been implemented and preserved by the Contractor. On the other hand,
CONSULTANT shall not, during such visits or as a result of such observations of Contractor's work in
progress; supervise, direct or have control over Contractor's work nor shall CONSULTANT have
authority over or responsibility for the means, methods, techniques, sequences or procedures of
construction selected by Contractor, for safety precautions and programs incident to the work of
the Contractor or for any failure of the Contractor to comply with the laws, rules, regulations,
ordinances, codes or orders applicable to Contractor's furnishing and performing the work.
Accordingly, CONSULTANT neither guarantees the performance of any Contractor nor assumes
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responsibility for any Contractor's failure to furnish and perform its work in accordance with the
Contract Documents.
Subtask 1.5 - Clarifications and Interpretations
CONSULTANT shall issue necessary clarifications and interpretations of the Contract Documents as
appropriate to the orderly completion of the work. Such clarifications and interpretations will be
consistent with the intent of and reasonably inferable from the Contract Documents.
This subtask is budgeted based on an anticipated 20 requests for clarification.
Subtask 1.6 - Change Orders and Work Change Directives
CONSULTANT shall recommend Change Orders and Work Change Directives to OWNER as appropriate,
and shall prepare Change Orders and Work Change Directives as required. Major change orders
significantly deviating from the Contractor's scope of work may require authorization of additional
services.
This subtask is budgeted based on up to four (4) Change Orders or Work Change Directives.
Subtask 1.7 - Shop Drawings and Other Submittals
CONSULTANT shall review and approve (or take other appropriate action in respect of) Shop Drawings
and Samples and other data which Contractor is required to submit, but only for conformance with the
information given in the Contract Documents and compatibility with the design concept of the
completed Project as a functioning whole as indicated in the Contract Documents. Such reviews and
approvals or other action will not extend to means, methods, techniques, sequences or procedures of
construction or to safety precautions and programs incident thereto. CONSULTANT will provide
document management for all submittals including logging of the submittals in a submittal log,
distributing the submittal to the appropriate reviewer(s), coding the submittal with the approval status
and distributing the submittal back to the Contractor with copy to the OWNER.
CONSULTANT may require special inspections or tests of the work, and shall receive and review all
certificates of inspections, tests and approvals required by laws, rules, regulations, ordinances, codes,
orders or the Contract Documents. CONSULTANT's review of such certificates will be for the purpose of
determining that the results certified indicate compliance with the Contract Documents and will not
constitute an independent evaluation that the content or procedures of such inspections, tests or
approvals comply with the requirements of the Contract Documents. CONSULTANT shall be entitled to
rely on the results of such tests.
CONSULTANT shall evaluate and determine the acceptability of up to three substitute or "or- equal"
materials and equipment proposed by Contractor in accordance with the Contract Documents.
However, services in making revisions to Drawings and Specifications occasioned by the acceptance of
substitute materials or equipment other than "or- equal" items; and services after the award of the
construction contract in evaluating and determining the acceptability of a substitute, which is
appropriate for the Project or an excessive number of substitutes will only be performed pursuant to an
amendment to this Agreement for additional compensation.
This subtask is budgeted based on a not -to- exceed 25 submittals, including resubmittals.
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Subtask 1.8 - Applications for Payment
CONSULTANT shall determine the recommended amount for Contractor's monthly payment. Such
recommendations for payment will be in writing and will constitute CONSULTANT's representation to
OWNER, based on such observations and review, that to the best of CONSULTANT's knowledge,
information and belief, the work has progressed to the point indicated, the quality of such work is
generally in accordance with the Contract Documents (subject to an evaluation of such work as a
functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called
for in the Contract Documents and to any other qualifications stated in the recommendation), and the
conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so
far as it is CONSULTANT's responsibility to observe the work. In the case of unit price work,
CONSULTANT's recommendations of payment will include final determinations of quantities and
classifications of such work (subject to any subsequent adjustments allowed by the Contract
Documents). The responsibilities of CONSULTANT contained in this paragraph are expressly subject to
the limitations set forth in the paragraph that follows below and other express or general limitations in
this Agreement and elsewhere.
By recommending any payment, CONSULTANT shall not thereby be deemed to have represented that
on -site observations made by CONSULTANT to check the quality or quantity of Contractor's work as it is
performed and furnished have been exhaustive, extended to every aspect of the work in progress, or
involved detailed inspections of the work beyond the responsibilities specifically assigned to
CONSULTANT in this Agreement and the Contract Documents, Neither CONSULTANT's review of
Contractor's work for the purposes of recommending payments nor CONSULTANT's recommendation of
any payment (including final payment) will impose on CONSULTANT responsibility to supervise, direct or
control such work or for the means, methods, techniques, sequences or procedures of construction or
safety precautions or programs incident thereto, or Contractor's compliance with the laws, rules,
regulations, ordinances, codes or orders applicable to Contractor's furnishing and performing the work.
It will also not impose responsibility on CONSULTANT to make any examination to ascertain how or for
what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine
that title to any of the work, materials or equipment has passed to OWNER free and clear of any liens,
claims, security interests or encumbrances, or that there may not be other matters at issue between
OWNER and Contractor that might affect the amount that should be paid.
This subtask is budgeted based on an anticipated 12 pay applications (including the final pay
application).
Subtask 1.9 - Contractor's Completion Documents
CONSULTANT shall receive, review and transmit to the OWNER with written comments, maintenance
and operating instructions, operation and maintenance (O &M) manuals (up to six 0 &M manuals,
including one resubmittal of each), schedules, guarantees, bonds, certificates or other evidence of
insurance required by the Contract Documents, certificates of inspection, tests and approvals, and
marked -up record documents (including Shop Drawings, Samples and other data approved as provided
under Subtask 1.7 and marked -up record Drawings) which are to be assembled by the Contractor in
accordance with the Contract Documents to obtain final payment. CONSULTANT's review of such
documents will only be to determine generally that their content complies with the requirements of,
and in the case of certificates of inspections, tests, and approvals that the results certified indicate
compliance with, the Contract Documents.
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Subtask 1.10 - Substantial Completion
Following notice from Contractor that Contractor considers the entire work ready for its intended use,
CONSULTANT and OWNER, accompanied by the Contractor, shall conduct an inspection to determine if
the work is Substantially Complete (SC). A punch list of remaining work items will be prepared by the
CONSULTANT based on the SC inspection. If after considering any objections from the OWNER,
CONSULTANT considers the work substantially complete; CONSULTANT shall deliver a certificate of
Substantial Completion to OWNER and Contractor with a list of any deficiencies to be corrected prior to
Final Acceptance,
Subtask 1.11- Final Notice of Acceptability of the Work
CONSULTANT shall conduct a final inspection to determine if the completed work of Contractor is
acceptable so that CONSULTANT may recommend, in writing, final payment to the Contractor.
Accompanying the recommendation for final payment, CONSULTANT shall indicate that the work is
acceptable (subject to the provisions of Subtask 1.10) to the best of CONSULTANT's knowledge,
information and belief and based on the extent of the services performed and furnished by
CONSULTANT under this Agreement.
This subtask is budgeted based on one final inspection site visit.
Subtask 1.12 - Record Drawings
CONSULTANT shall review the Contractor's As -Built Drawings for any material deviations to design
intent. The CONSULTANT shall convert the Contractor's As -Built Drawings into Record Drawings and
deliver five (5) hard copy sets and one (1) CD /DVD with the PDF and AutoCAD files of the Record
Drawings to the OWNER.
TASK 2 - CONSTRUCTION INSPECTION SERVICES
The CONSULTANT shall provide the services of a full time Resident Project Representative (RPR) for the
duration of the construction activity, from NTP through substantial completion. RPR is CONSULTANT's
agent at the site, will act as directed by and under the supervision of CONSULTANT, and will confer with
CONSULTANT regarding RPR's actions. RPR's dealings in matters pertaining to the on -site work shall in
general be with CONSULTANT and Contractor, keeping OWNER advised as necessary. RPR's dealings
with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR
shall generally communicate with OWNER with the knowledge of and under the direction of
CONSULTANT.
The CONSULTANT shall have the authority to recommend rejection of Work that does not conform to
the construction documents. If the CONSULTANT observes any Work that fails to materially conform to
the construction documents, the CONSULTANT shall notify the OWNER and may recommend to the
OWNER the rejection of such Work. When such Work is rejected, the CONSULTANT must advise the
Contractor with respect to the implementation of the intent of the construction documents. The
CONSULTANT will have authority to require additional inspection or testing of the work by others in
accordance with the provisions of the construction documents, whether or not such work is fabricated,
installed or completed.
The CONSULTANT shall not have control over or charge of and shall not be responsible for construction
means, methods, techniques, sequences or procedures, or for safety precautions and programs in
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connection with the Work, since these are the Contractor's responsibility under the contract for
construction. The CONSULTANT shall not have control over or charge of acts or omissions of the
Contractor, subcontractors or their agents or employees or of any other persons performing portions of
the work. The CONSULTANT shall not be responsible for the Contractor's schedules or failure to carry
out the work in accordance with the construction documents.
Certain critical construction activities identified below require electrical construction expertise. For
these activities, the RPR will coordinate with the CONSULTANT's electrical engineer to confirm the
specific aspects of the work which must be performed and key information that must be documented
during the work. The RPR will prepare detailed summaries of the work, which will be shared with the
electrical engineer and the project team on a daily basis.
1. Grounding of manholes
2. Cable pulls
3. Maintenance of switch gear
4. Cable testing
S. Termination of MV cables
TASK 3 - REIMBURSABLE COSTS
This task is for reimbursable costs, in accordance with the terms of the Agreement, associated with
execution of the project.
DATA OR COORDINATION ASSISTANCE TO BE PROVIDED BY THE OWNER
1. Access and field staff support for site visits.
ASSUMPTIONS
The above described engineering services during construction have been based upon the following
assumptions:
1. The budget for the CONSULTANT to provide a RPR is based on 270 calendar days (the substantial
completion duration in the contract of 300 calendar days less 30 days for pre - mobilization work) and
the assumption that the Contractor will work 10 hours per day, five days per week. This results in an
inspection time of 195 days and 1,950 hours.
2. The CONSULTANT's RPR will be onsite and project billable on all working days from the day the
contractor mobilizes through substantial completion or such time as the OWNER deems it no longer
necessary to have the RPR onsite.
3. CONSULANT will provide construction services for the construction of the 13.2 kV cable to Wells 1,
2, 3/9, and 4.
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4. For Subtask 1.4 - Visits to Site and Observation of Construction, the CONSULTANT may utilize a
subcontractor, Mario Gamboa to provide specialty over site of critical construction activities if the
CONSULTANT's engineer of record is not available. The billing rate for Mario Gamboa is $150 /hr.
The outside professional portion of Subtask 1.4 is based on Mario Gamboa providing up to 100
hours of service, plus the ten percent subcontractor mark -up allowed under the Agreement.
DELIVERABLES
CONSULTANT will provide the following deliverables to the OWNER:
1, Approved Record Drawings
2. Daily Reports including photo documentation
3. Recommendation /Approval of contractor's pay applications
4. Shop Drawing review and approval files.
TIME OF COMPLETION /SCHEDULE
CONSULTANT shall commence work within seven (7) calendar days after issuance of a written notice -to-
proceed from the OWNER. All services described in the scope will be completed within 365 days of NTP.
COMPENSATION AND PAYMENT
In the Basic Services performed under the Work Order, the OWNER agrees to pay the CONSULTANT on a
Time and Materials basis. The total cost of all Basic Services (Tasks 1 -3) shall not exceed $306,826 as
shown in Attachment A. CONSULTANT will submit invoices on a monthly basis along with the written
monthly status reports.
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