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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. 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F. rrrrrrrzr rrrrrrrzr rrrrrrrrr u E O d ID a ! x uj A N 7 � y d >' V N o Mh d E N 7 m E m m C a L y E r N dd a O > m E c u c 4 7« w W y C 0 m N O , m vN m i m m 1Q m m o 0w c c C o m E 2 c W -1 E mm N N N u C d d 7/8/2014 11. F. 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. ❑ tio i fd U > f6 N v -O L 0 C 0 C7 W +' Ir C lao CU 0 O O �I O Q+ O+ O L 3 O a U Cu Z m � c W Q O � � � I•I V N O 1 �� I W j o 5 O it Co _ ' :3 OD rl u O 111 t N V% w I W J W i 00 0 00 00 0 �° 0 0 0 0 0 0 0 0 00 0 0 0 00 0 o Lri N N Packet Page -382- 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 Smith Page 1 of 7 CDMSmithScope — MV Cable CS 5/28/2014 VP Packet Page -388- 7/8/2014 11. F. 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 DM Page 2 of 7 CDMSmKhScope — MV Cable CS 5/28/2014 ter' Packet Page -389- 7/8/2014 11. F. 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. CDM Page 3 of 7 COMSmithScope — MV Cable CS 5/28/2014 Packet Page -390- 7/8/2014 11. F. 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. DM Page 4 of 7 CDMSmithScope - MV Cable CS 5/28/2014 Packet Page -391- 7/8/2014 11. F. 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 CDM Page 5 of 7 CDMSmhhScope - MV Cade CS Smith 5/28/2014 L Packet Page -392- 7/8/2014 11. F. 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. D �h Page 6 of 7 CDMSmithScope — My Cable CS s/28/2014 r Packet Page -393- 7/8/2014 11. F. 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. D Smith Page 7 of 7 CDMSmithScope —MV Cobte CS s/28/2014 CP Packet Page -394- 7/8/2014 11. F.