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AGREEMENT FOR PROFESSIONAL SERVICESAGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into on the 6th day of October, 2010 by and between the City of Clearwater, Florida (CITY) and Camp Dresser and McKee Inc., (CONSULTANT). WITNESSETH: WHEREAS the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this Agreement; and WHEREAS the CONSULTANT desires to provide such professional services in accordance with this Agreement; and WHEREAS the CITY selected the CONSULTANT in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, and based on information and representations given by the CONSULTANT in a Statement of Qualifications dated May 27, 2009: NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1.0 GENERAL SCOPE OF THIS AGREEMENT The relationship of the CONSULTANT to the CITY will be that of a professional consultant, and the CONSULTANT will provide the professional and technical services required under this Agreement in accordance with acceptable engineering or area of expertise practices and ethical standards. 2. 0 PROFESSIONAL TECHNICAL SERVICES 2 .1 It shall be the responsibility of the CONSULTANT to work with and for the CITY toward solutions to engineering problems and the approach as described in the attached Work Order. 2 .2 The CONSULTANT shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required professional services hereunder, and shall diligently execute the work to meet the completion time established. 3. 0 PERIOD OF SERVICE 3 .1 The CONSULTANT shall begin work promptly after receipt of a fully executed copy of each Work Order (See Exhibit "A"). Receipt of a fully executed Work Order shall constitute written notice to proceed. 3 .2 If the CONSULTANT'S services called for under any Work Order are delayed for reasons beyond the CONSULTANT'S control, the time of performance shall be adjusted as appropriate. 3 .3 It is the intent of the parties hereto that this Agreement continue in force until three (3) years from the date of execution, subject to the provisions for termination contained herein. Assignments that are in progress at the Contract termination date will be completed by the CONSULTANT unless specifically terminated by the CITY. 4.0 INSURANCE REQUIREMENTS See Exhibit "B" attached. 5.0 PROFESSIONAL SERVICES/CONSULTANT'S COMPETITIVE NEGOTIATION ACT (CCNA) - Florida Statue 287.055 Professional Services requested in this RFP are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land surveying, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply- 6.0 GENERAL CONSIDERATIONS 6.1 All documents including field books, drawings, specifications, calculations, etc., supplied by the CONSULTANT shall become the property of the CITY. The CITY acknowledges that such documents are not intended or represented to be suitable for use by the CITY or others for purposes other than those for which the documents are prepared. Any reuse of these documents without written verification or adaptation by the CONSULTANT for the specific purpose intended will be at the CITY's sole risk without liability or legal exposure to the CONSULTANT. 6.2 When authorized, the CONSULTANT shall prepare a final estimate of probable construction costs, following CITY approval of the bid documents and other prebid activities. The CITY hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed as a promise that designed facilities will not exceed a cost limitation. Should the lowest, responsive and acceptable bid price received by the CITY within three (3) months from the date of the CITY's approval of the bid documents exceed the CONSULTANT'S final cost estimate by more than ten percent (10%), the CONSULTANT shall perform a detailed evaluation of the low bid. The evaluation will review the bid prices on a line item basis, identifying areas of disagreement and providing a rationale for the difference. 6.3 The CONSULTANT will provide expert witnesses, if required, to testify in connection with any suit at law. A supplemental agreement will be negotiated between the CITY and the CONSULTANT describing the services desired and providing a basis for compensation to the CONSULTANT. 6.4 Upon the CONSULTANT'S written request, the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary. 6.5 The CITY and the CONSULTANT each bind themselves and their successors, legal representatives and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of each other party, in respect to all covenants of this Agreement; and, neither the CITY nor the CONSULTANT will assign or transfer its interest in this Agreement without written consent of the other. 6.6 The CONSULTANT hereby agrees to indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. It is specifically understood and agreed, however, that this indemnification agreement does not cover or indemnify the CITY for its own negligence. The CONSULTANT hereby further agrees to indemnify and hold harmless the CITY from any and all fines, costs, and expenses caused by, directly, or indirectly, with the CONSULTANT'S failure to comply with any applicable laws, statutes, ordinances, or government regulations. 6.7 The CONSULTANT agrees not to engage the services of any person or persons in the employ of the CITY to an allied capacity, on either a full or part-time basis, on the date of the signing of this Agreement, or during its term. 6.8 Key personnel assigned to CITY projects by the CONSULTANT shall not be removed from the projects until alternate personnel acceptable to the CITY are approved in writing by the CITY. Key personnel are identified in the submitted Statement of Qualifications. 6.9 The CONSULTANT shall attach a brief status report on the project(s) with each request for payment. 7.0 COMPENSATION 7.1 The CONSULTANT shall be compensated for all services rendered under this Agreement in accordance with the provisions of each Work Order, upon presentation of CONSULTANT'S invoice. An hourly rate schedule and typical methods of compensation are attached hereto as Exhibit "C". 7.2 Except as may be addressed in the initiating Work Order, the compensation for services shall be invoiced by the CONSULTANT and paid by the CITY once each month. Such invoices shall be due and payable within 30 days of receipt. 7.3 The CONSULTANT agrees to allow full and open inspection of payroll records and expenditures in connection with hourly rate and cost plus fixed fee work assignments upon request of the CITY. 8.0 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide 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. 9.0 TERMINATION This Agreement may be terminated by either party with seven (7) days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of outstanding Work Orders for all work performed up to the date of termination. 10.0 SUSPENSION. CANCELLATION OR ABANDONMENT If the project described in any Work Order is suspended, canceled, or abandoned by the CITY, without affecting any other Work Order or this Agreement, the CONSULTANT shall be given five (5) days prior written notice of such action and shall be compensated for professional services provided up to the date of suspension, cancellation or abandonment. This Agreement shall be administered and interpreted under the laws of the State of Florida. 11.0 TERMINATION OF CONVENIENCE Either the CITY or the CONSULTANT may terminate the Agreement at any time by giving written notice to the other of such termination and specifying the effective date of such termination at least thirty (30) days before said termination date. If the Agreement is terminated by the CITY as provided herein, the CONSULTANT will be paid for services rendered through the date of termination. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year first above written. Camp D)fessey'y$ McKee, Inc. Countersigned: By. AA??? /D(/o i ael P. Sin E. Vice Presi en WITNESS: By: Mi el &JCarbgalla, P.E. Principal CITY OF CLEARWATER By: tak ?- A. a r Frank Hibbard William B. Horne, II Mayor-Councilmember City Manager r as to Form- ATTEST: .., _. _ By: Camilo Soto Assistant City Attorney Rosemarie Call City Clerk OF Ft ep, vy??lr, 1,001 ? ATE EXHIBIT A WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: August 27, 2010 Project Number: City Project Number: 09-0018-UT 1. PROJECT TITLE: Reverse Osmosis Plant #1 Expansion 2. SCOPE OF SERVICES: Camp Dresser & McKee Inc. (CDM) will perform the following described engineering services related to the preliminary design, final design, bidding, permitting and construction services for the expansion of the City of Clearwater's (CITY) Reverse Osmosis Plant #1 (Plant). Specifically, the proposed expansion entails an evaluation of the processes and facilities of the Plant, a 1.5 million gallon per day (mgd) increase in finished water production capacity, and an increase of 1.0 million gallons (MG) of finished water storage. Additionally, the expansion will also include the design and construction of a concentrate disposal pipeline from the Plant to a proposed future injection well located at the future Reverse Osmosis Plant #2 project site. Task 1 - PRE-DESIGN PHASE Task 1.1-- Project Initiation: CDM will prepare for and participate in a Kick-Off Meeting with the CITY staff, Project Team, and key sub-consultants to review the project scope, schedule, and budget. CDM will prepare a baseline project schedule for this meeting that identifies relevant project activities, their start/finish dates, and durations. The schedule will identify critical tasks and milestones for achieving the proposed project completion date. At this meeting, CDM will hold a Project Quality Meeting (PQM) in accordance with its quality management procedures. This meeting is a stand-alone, facilitated session involving the core project team members and the CITY staff. The three (3) major elements of the PQM are as follows: ¦ Defining the mission ¦ Identifying the goals deemed necessary to fulfill the mission ¦ Describing the processes, activities, and tasks required to achieve those goals. Task 1.1 Deliverables 1. Meeting Minutes 2. Baseline Project Schedule Task 1.2 - Evaluation Under this task, CDM will complete an evaluation of the Plant and pipeline routes. The purpose of this evaluation is to confirm the scope of the expansion as planned and to identify additional improvements and/or changes to the planned expansion scope. For the purposes of this scope, CDM assumes the planned expansion (herein referred to as "baseline expansion") to consist of the following: Expand RO finished water capacity by 1.0 mgd by adding one new membrane skid and expand the facility and pressure filters as originally designed in the drawings received during the RFP Expand finished water storage capacity by 1.0 MG by demolishing the existing tank and adding (2) two 3.0 MG above ground storage tanks Add a concentrate disposal pump station and pipeline terminating at the RO Plant #2 site property line The evaluation will consist of a site visit, data review, analysis and report as described in this section. Task 1.2.1 Site Visit & Data Review CDM will conduct. a site visit of the plant for the purposes of familiarizing its multi- disciplinary team with the project site and limitations. During the site visit, CDM will observe current conditions as they relate to architectural, structural, electrical, instrumentation, process, and site layout. Prior to the site visit, CDM will prepare a written list of data needs to the CITY. Such data will be used to provide background data to CDM and help limit the unnecessary collection of additional data and/or duplication. In order to facilitate a more efficient site visit, CDM assumes the City will provide all available information requested prior to the site visit. If gaps in the data are present, CDM will notify the CITY immediately and discuss further as required. CDM will use this information to help it conduct its evaluation. Task 1.2.2 RO Plant #1 Evaluation CDM will perform an evaluation of the Plant. As discussed previously, this evaluation will confirm the scope of the expansion as planned and identify additional improvements, scope alternatives and/or changes to the planned expansion scope. Specifically, CDM's evaluation of the Plant will include a Process Evaluation and a Facilities Evaluation. Task 1.2.2.1 Process Evaluation Prior to the Process Evaluation, CDM will review all available process documentation and render a concise opinion on the sufficiency of this documentation. During the Process Evaluation, CDM will inspect and evaluate the current pretreatment system of pre-oxidation, coagulation, and pressure sand filtration for arsenic reduction. CDM will evaluate alternative processes and alterations to the current treatment processes to enhance process efficiency and contact time for the pre-oxidant and coagulation processes so as to maximize reduced arsenic oxidation, coagulation and flocculation of oxidized arsenic by the added iron salts coagulant, and subsequent filtration. The primary objective of this task will be to allow the greatest reasonable degree of arsenic reduction to maximize raw water blending with RO permeate so as to minimize or eliminate new pressure filter construction. CDM understands the City prefers the evaluation to be based on adding a third membrane skid and physically expanding the building. CDM will evaluate this preference as well as advances in process technology (e.g. new membrane elements) and apply them to the project as appropriate. CDM will also consider up to two (2) additional membrane configurations that may enable the City to achieve its expansion objectives without the physical expansion of the building (e.g., fitting a third skid within the current process bay). CDM is sensitive the City's overall construction budget and will not spend appreciable time outlining options that are not fiscally feasible (e.g. purchasing three (3) new skids). CDM will review membrane performance data and determine if any there are any additional opportunities to enhance their performance. CDM will also consider advances in membrane technology in its overall analysis. This analysis may include membrane projections for the CITY's anticipated raw water quality and a life cycle cost analysis if said advancements are considered viable. CDM will consider the possibility of energy recovery devices (ERD) in its overall analysis. City staff are also concerned about the lack of 'a by-pass arrangement for ofd specification water. CDM's team will include an analysis of the Plant piping and evaluate the need and viability of a by-pass arrangement. CDM will also address 4-log virus removal per the direction of the City. During the evaluation, CDM will consider operations and maintenance, lifecycle cost, plant down-time (e.g. purchased water), and constructability in its review. CDM assumes a life cycle of 30-years and an interest rate of 5-percent. CDM will summarize the results of this evaluation in the Technical Memorandum (Task 2.5). Task 1.2.2.2 Facilities Evaluation Prior to the Facilities Evaluation, CDM will review all available documentation on the site (e.g. CROM report, geotechnical reports) and render a concise opinion on the sufficiency of this documentation. During the Facilities Evaluation, CDM will evaluate the condition of the existing facilities and structures on-site. The evaluation will consist only of a visual assessment and additional tests and assessments are not considered part of this scope. Additionally, CDM will analyze up to three (3) alternative configurations and layouts of the site for the expansion. The new, major components under consideration at this time are the additional storage tanks, concentrate disposal system, potential impacts to stormwater management and relocated equipment/yard piping as a result of the site configuration. CDM understands the CITY does not wish to construct an additional tank to the south of the Plant at this time, but it is willing to consider smaller and potentially taller tanks in order to minimize the overall footprint of the site. CDM will also consider the requirements of the concentrate disposal pump station (e.g. constructability, access to electricity, conflicts) during the course of the evaluation. CDM understands the CITY wishes to maintain a certain degree of flexibility in its operation of this pump station and concentrate management. CDM's evaluation will consider alternative mechanical arrangements to allow the CITY to use the existing sanitary sewer or new concentrate disposal pump station as a means of concentrate discharge. If other additional improvements beyond the "baseline expansion" are identified during the evaluation, they will be incorporated as part of the three (3) alternative configurations discussed above. Because numerous combinations and iterations are possible, the preferred arrangement may include portions of the alternative configurations. If this is the case, upon completion of Task 2.6, (Pre-Design Workshop) CDM will prepare one new configuration that captures the preferred configuration. During the evaluation of the site and alternatives development, CDM will consider operations and maintenance, lifecycle cost, plant down-time (e.g. purchased water), and constructability in its review. CDM assumes a life cycle of 30-years and an interest rate of 5-percent. CDM will summarize the results of this evaluation in the Technical Memorandum (Task 2.5). Task 1.2.3 Concentrate Pipeline Route Evaluation CDM will prepare a study and report of alternate routes for the concentrate disposal pipeline. CDM assumes routes will begin on the Plant property and terminate at the property line of the parcel where RO Plant #2 will be designed and constructed by others. Consideration will include discussions on cost and time constraints, impact to adjacent property owners, impacts to existing utilities and planned improvements, pedestrian and vehicular traffic during construction, environmental concerns, operational and maintenance limitations and requirements. Methods and Conceptual level Opinions of Probable Construction Cost will be included with comparison and analysis of construction methods and alternative pipe materials included. The need for easements, traffic control and diversion will also be discussed in the alternate route evaluation. The report will also confirm required survey and geotechnical needs presented Part II of this Scope. Task 1.2.4 Consolidated Technical Memorandum CDM will prepare a consolidated technical memorandum outlining the results of its evaluations of the plant, pipeline route, and funding alternatives. Where alternatives are presented, CDM will present the pros, cons, and expected life cycle cost of each alternative. CDM will also provide tables comparing the options to CITY approved, weighted criteria (e.g. reliability, operations) to assist the CITY in evaluating and selecting an alternative. CDM will prepare and submit an electronic version of the draft report for CITY review and comment in.PDF format. CDM anticipates a Workshop (Task 2.5 below) to discuss the elements of the report and to freeze desired design concepts. Upon completion of the workshop, CDM will issue three (3) copies of the final report and one electronic copy in PDF format. Task 1.2.5 Pre-Design Workshop CDM will prepare and conduct a Design Preferences Workshop with the CITY staff to obtain feedback on the Technical Memorandum and to determine equipment and facility preferences, including siting and routing issues. The primary goal of the Workshop is to finalize design issues and expedite the completion of the Preliminary Design Report (PDR). CDM will prepare minutes of the meeting and incorporate the appropriate comments into the final Technical Memorandum. The CITY understands that CDM will not proceed with additional design efforts until the Technical and Workshop Memorandums are approved by the CITY. At this point, if changes to the original expansion as discussed at the beginning of Task 2 are approved, CDM will prepare a modified scope and budget for future design tasks, to accommodate the changes in scope. Task 1.2 Deliverables 1. Electronic Draft Technical Memorandum 2. Three (3) of the Final Technical Memorandum 3. Workshop Minutes Task 1.3 Project Management During the execution of this phase, CDM will provide project management oversight of all technical work. CDM's project manager will be responsible for coordinating and communicating with all members of the project team and the City as well as be fully involved in the development of all deliverables created under this phase. CDM's project manager will also provide summary status updates to the CITY's project manager with its invoice. CDM will provide a schedule update at the completion of this phase. Additionally, CDM's project manager will participate in up to one (1) monthly CIP Review Meeting with CITY staff to present the current status of the project. Task 1.3 Deliverables 1. Summary Status Reports with Invoices 2. End of Phase Schedule Update Task 1.4 Quality Management All CDM projects must adhere to rigorous guidelines outlined in our written Quality Management Procedures (QMP). The QMPs cover detailed procedures related to project startup, execution, construction and close-out. CDM's quality processes include formal review and cross-checking activities designed to deliver a quality product. For, example, CDM will conduct formal Technical Review ' Committee (TRC) sessions as part of these activities with senior CDM technical specialists that are not involved in the day-to-day execution of the project. This allows for an unbiased opinion which we find helps bolster the overall quality of the project. CDM will adhere to its QMP-1 procedures for this phase of the project. -Task 2 DESIGN PHASE Task 2.1 Geotechnical Investigation CDM will review existing geotechnical data for the expansion site and pipeline route prior to beginning geotechnical investigations. The purpose is to determine the suitability of this data for use in conjunction with this project and to reduce data collection efforts. The scope presented in the following paragraphs, assumes the original expansion will proceed as designed previously by others. CDM may revise this scope and budget based on the outcomes and decisions made during Phase I. CDM will perform the geotechnical analysis through its sub-consultant, Driggers Engineering Services, Inc. Task 2.1.1 Site Geotechnical Investigation CDM, through its subconsultant (Driggers Engineering Services, Inc.) will conduct a geotechnical investigation for the proposed improvements to the project site. At this time, the site configuration is unknown and the scope presented below represents CDM's estimate based on information available at the time of preparing this scope of services. 1. Review any previous geotechnical investigations, provided by the CITY, at the proposed WTP site. Perform additional subsurface explorations at the proposed WTP site necessary for the development of design criteria for the anticipated new structures. We anticipate three (3) new Standard Penetration Test (SPT) borings to a depth of 35-feet around the perimeter of the new tank and one (1) SPT to a depth of 75-feet at the proposed center of the new tank. Additionally, one (1) day of Flat Dilatometer Soundings have been budgeted in locations selected based on the results of the SPT borings. This tool provides for a more reliable prediction of settlement potential and will be advanced to a nominal depth of 30-feet. 2. At this time, we do not anticipate the need for additional borings for the tank to be sited within the footprint of the existing 5MG tank due to the fact that the new loads would be equal to or less than the present loading conditions. 3. Two (2) SPT borings advanced to a nominal depth of 25-feet are planned for the structural addition. For the stormwater modifications, a single SPT boring to a depth of 20-feet is anticipated and a single Double Ring Infiltration (DRI) test for the proposed stormwater modifications. The DRI test depth is assumed to be 3- feet or less below present grade. 4. Perform grain size analyses and Atterberg limits along with moisture content tests and organic content tests where applicable. One-dimensional consolidation tests will be performed on samples from potentially compressible strata to facilitate settlement analyses. 5. Summarize the results of the geotechnical investigations, logs, and tests, and provide recommendations for surface preparation and design of the proposed structures. Task 2.1.2. Pipeline Route Geotechnical Investigation CDM, through its subconsultant (Driggers Engineering Services, Inc.) will conduct a geotechnical investigation for the proposed pipeline route. For the roughly 2-miles of pipeline, an investigation program would include boring at nominal intervals not exceeding about 500-feet along the route. It is anticipated that there will be several instances of jack and bores and/or horizontal directional drills (HDD). As such, twenty-five (25) SPT borings to an average nominal depth of 20-feet are planned. Ten (10) pavement cores and patches are also included, as is a laboratory analysis, as appropriate, which includes: grain size analysis, Atterberg limits, organic content, and corrosivity. The results of the geotechnical investigations, logs, and tests will be summarized in a report along with recommendations for utility construction and backfill. Task 2.1 Deliverables 1. Three (3) copies of "Final" site geotechnical report 2. Three (3) "Final" pipeline route geotechnical report Task 2.2 Survey CDM will review existing survey data for the expansion site and pipeline route prior to beginning surveying activities. The purpose is to determine the suitability of this data for use in conjunction with this project and to reduce data collection efforts. The scope presented in the following paragraphs, assumes the original expansion will proceed as designed previously by others. CDM may revise. this scope and budget based on the outcomes and decisions made during Phase I. CDM will perform the survey through its sub-consultant, Florida Design Consultants, Inc. Task 2.2.1 Project Site Topographic Survey CDM will provide the following services related to a topographic survey of the plant expansion site through a subcontractor. CDM will review previous topographic and boundary mapping, provided by the CITY, of the proposed WTP site expansion and new tank location and recommend additional necessary surveying, if necessary. For budgeting purposes, CDM assumes a boundary and topographical survey will be required for 5.0 acres (+/-) of the project site. This area encompasses the existing plant and extends to approximately the fencelines of the existing ball fields. The City has expressed a strong desire to avoid impacting the existing ball fields during construction, therefore, the fencelines represent the absolute limits. Should impacts to the ball fields be necessary to achieve the project goals, then additional survey and fee will be required.. The survey will determine locations and elevations of existing structures, improvements (e.g. fences, utilities, invert elevations, pipe sizes and pipe material if obtainable, specimen trees 4-inch and larger diameter at breast height), roadways, visible/marked utilities and storm drains, adjacent property lines, and horizontal and vertical control for construction. The survey will also include surface elevations on a 50-ft grid or equivalent, swales, ditches, top bank, toe of slope and water elevation, if any. Task 2.2.2 Pipeline Right of Way Survey CDM through its sub-consultant will prepare a certified Topographic Survey in accordance with Florida State Statutes Governing Surveying and Mapping of the apparent existing rights-of-way. For this design, CDM and the CITY assume that the pipeline routes are within established rights of way and land acquisition for the pipelines is not required; therefore, a specific purpose survey is not required. If a specific purpose right of way survey is required, it will be considered additional scope. Where possible, existing found monumentation along the corridor will be located and shown on the Topographic Survey in order to show the existing occupation Right-of-Way line for informational purposes only. Adjacent ownerships and their ownership deeds, together with easements and right of way deeds that establish the right of way will be supplied by the CITY. The topographic survey will include surface elevations on a 100-ft grid or equivalent, swales, ditches, top of bank, toe of slope and water elevations if any, improvements with visible evidence above ground and utilities, invert elevations, pipe sizes and pipe material if obtainable and specimen trees 4-inches and larger diameter at breast height. Benchmarks will be located within the project area. Horizontal and vertical control monumentation will be set along the pipeline corridor such that it may be used for future construction staking and record surveys. CDM through its sub-consultant will also conduct a subsurface locate of existing utilities. The subsurface utilities will be designated using a combination of ground penetrating radar (GPR) and vacuum locates. The GPR will provide an electronic depth of these utilities and such utilities will be painted and flagged every 100 LF for survey. Additionally, vacuum locates will be performed along the route at 500 LF intervals and at intersections. Since the total number of vacuum locates is unknown, CDM has budgeted an allowance of $30,000.00 to cover up to 92 individual locates for the project, including the plant site, if needed. Anticipated utilities are gas, water, sewer, cable, plant water, process and chemical lines, and electrical. Task 2.2 Deliverables 1. Six (6) copies of site survey, plus electronic copy 2. Six (6) copies of Right of Way survey plus electronic copy 3. One (1) copy of signed and sealed Surveyors Report plus electronic copy Task 23 Plant Expansion Preliminary Design Report CDM will prepare a Preliminary Design Report for the Plant Expansion. For the purposes of this scope and fee, CDM assumes the expansion will be as described Phase I, Task 2. Significant deviations from this assumption may result in additional scope, and CDM will notify the CITY in writing immediately. Please note that the PDR will serve as the primary supporting document for the permitting of the water treatment plant components. The CDM will provide the following services related to the preparation of a draft PDR: Prepare a preliminary hydraulic profile to confirm necessary piping sizes pipeline pressures. 2. Prepare process design criteria (e.g. feed pressures, skid sizing) based on actual raw water quality (provided by others), computer software process projections, and dialogue with membrane element manufacturers. 3. Establish revised floor plan for the Membrane Building and site plan for added elements (e.g. pressure filters) and other required facilities (e.g. storage tanks, concentrate pump station). 4. Prepare preliminary architectural plans and elevation drawings to show building/structures style and interior/exterior materials. 5. Prepare a preliminary, revised site layout (30-percent design drawings) showing expansion location, landscaping, grading, roadways, equipment, structures and demolition areas. Modifications to the stormwater system will also be provided. 6. Prepare new and revised yard-piping layouts, including the new concentrate disposal pipeline and gravity sewer modifications. 7. Based upon the geotechnical report, develop design criteria for tank and building foundations, select the structural system, and determine appropriate design codes and structural load. 8. Develop a preliminary process instrumentation and control diagram (P&ID) with schematic to show recommended control and monitoring system configuration and single line electrical diagrams. 9. Develop preliminary concentrate pump station layout, electrical requirements, siting, initial head and motor sizing. 10. Develop a preliminary schedule for design, construction, and required demolition. The schedule will identify major tasks and milestones. 11. Table of contents for technical specifications and major equipment data sheets. CDM will prepare and submit three (3) copies of the draft PDR to CITY for review and comment. CDM will prepare for and participate in a Review Workshop (See Task 2.5) with CITY staff concerning the draft PDR. CDM will receive comments from the CITY at this Workshop concerning the draft PDR and prepare the final PDR for CITY approval. Task 2.3 Deliverables 1. Three (3) copies of draft PDR and PDF file 2. Three (3) copies of final PDR 3. One (1) CD with PDF of final PDR Task 2.4 Concentrate Pipeline Preliminary Design CDM will prepare a preliminary design for the concentrate pipeline which will include the results of the geotechnical investigation and survey in Tasks 2.1 and 2.2 respectively. During review of the survey and alignment, CDM will identify any easements and acquisition that may be required in conjunction with this project. CDM can assist the CITY in the acquisition of land and easements as additional scope, if desired. The preliminary design will include a hydraulic analysis. CDM will also conduct a surge analysis of the concentrate pipeline and recommend surge control and attenuation facilities as appropriate. CDM will also prepare a table of contents for the technical specifications as part of this task. CDM will prepare and submit six (6) copies of the Concentrate Pipeline Preliminary Design to CITY for review and comment. CDM will prepare for and participate in a Review Workshop (See Task 2.5) with CITY staff concerning the draft Preliminary Design. CDM will receive comments from the CITY at this Workshop concerning the draft Preliminary Design and prepare the final Preliminary Design for CITY approval. Task 2.4 Deliverables 1. Six (6) copies of draft Concentrate Pipeline Preliminary Design 2. Six (6) copies of final Concentrate Pipeline Preliminary Design Task 2.5 Design Review Workshops CDM will prepare and conduct up to two (2) Design Review Workshops with the CITY staff to obtain feedback on the PDR and Concentrate Preliminary Design. The primary goal of the Workshop is to finalize outstanding design issues in preparation to begin the subsequent design phase (e.g. 60-percent design). CDM will prepare minutes from the Workshop and incorporate the appropriate comments into the deliverables. The CITY understands that CDM will not proceed with final design efforts until the designs and Workshop minutes are approved by the CITY. Task 2.S Deliverables 1. PDR Workshop Minutes 2. Concentrate Pipeline Preliminary Design Workshop Minutes Task 2.6 Public Meetings CDM understands the CITY desires to have public involvement in the design process. CDM will attend one (1) public meeting related to the Plant expansion. CDM will provide up to three (3) poster boards and two (2) project engineers (one of which will be the Project Manager or Project Principal) attend the meeting. CDM also anticipates attendance at one (1) CITY Council meeting may be required to answer questions about the project. CDM assumes CITY staff will create and present any materials required for this meeting. Task 2.6 Deliverables I - Three (3) poster boards to be used at meeting sessions Task 2.7 Project Management During the execution of this phase, CDM will provide project management oversight of all technical work. CDM's project manager will be responsible for coordinating and communicating with all members of the project team and the City as well as be fully involved in the development of all deliverables created under this phase. CDM's project manager will also provide summary status updates to the CITY's project manager with its invoice. CDM will provide a schedule update at the completion of this phase. Additionally, CDM's project manager will participate in up to one (1) monthly CIP Review Meeting with CITY staff to present the current status of the project. Task 2.7 Deliverables 1. Summary Status Reports with Invoices 2. End of Phase Schedule Update Task 2.8 Quality Management All CDM projects must adhere to rigorous guidelines outlined in our written Quality Management Procedures (QMP). The QMPs cover detailed procedures related to project startup, execution, construction and close-out. CDM's quality processes include formal review and cross-checking activities designed to deliver a quality product. For example, CDM will conduct formal Technical Review Committee (TRC) sessions as part of these activities with senior CDM technical specialists that are not involved in the day-to-day execution of the project. This allows for an unbiased opinion which we find helps bolster the overall quality of the project. CDM will adhere to its QMP-1 procedures for this phase of the project. Task 3 FINAL DESIGN PHASE Task 3.1 Plant Expansion Design CDM will prepare final construction drawings and technical specifications suitable for inviting construction bids for this project. For the purposes of this scope and fee, CDM assumes the expansion will be as described Phase I, Task 2. Significant deviations from this assumption may result in additional scope and CDM will notify the CITY in writing immediately. The technical specifications will utilize the CSI format. The design will be complete including site improvements, landscaping, irrigation, building, appurtenances, process equipment, accessories, wiring, piping, foundations, substructures, electrical controls, instrumentation, metering and mechanical facilities. The design will also include detailed drawings, specifications, tables, charts, and schedules as may be necessary. CDM's proposed fee is based on an assumed number of drawings, totaling 46 sheets. Substantial deviations from this list (e.g. new requirements derived from the Evaluations in Part I of this Scope) will be considered additional scope. CDM assumes the Front-End division of the contract documents will be provided by the CITY for CDM's use. At approximately the 60-percent and 90-percent completion levels of the contract documents, CDM will submit six (6) sets of progress drafts of said documents to the CITY for review. CDM will schedule review meetings and address appropriate CITY review comments. At these design milestones, CDM will prepare an Engineers Opinion of Probable Construction Cost. CDM will submit two (2) sets of signed and sealed contract documents to CITY staff one-week prior to the initial bid advertisement for the contract. CDM will provide the CITY with an electronic copy of the documents in PDF format and AutoCAD. The design plans shall be compiled using one of the following two methods: 1) The CITY of Clearwater CAD standards, as attached, 2) Pinellas County Survey CAD standards for survey base map and CITY of Clearwater standards for the design portion. Task 3.1 Deliverables 1- Six (6) copies of the 60-percent design 2. 60-percent Engineers Opinion of Probable Construction Cost 3. Six (6) copies of the 90-percent design 4. 90-percent Engineers Opinion of Probable Construction Cost 5. two(2) sets of signed and sealed contract documents 6. One (1) CD containing a PDF of the final specification and AutoCAD files of plan set. 7. Final Engineers Opinion of Probable Construction Cost Task 3.2 Concentrate Pipeline Design Utilizing the design concepts developed and approved in preliminary design, CDM will prepare final construction drawings and technical specifications suitable for inviting construction bids for this project. The technical specifications will utilize the CSI format. The design will be complete including the pipeline alignment, profile, appurtenances, and ancillary structures.. The design will also include detailed drawings, specifications, tables, charts, and schedules as may be necessary. CDM's proposed fee is based on an assumed number of drawings, totaling 25 sheets. This assumes a scale of 1:20 with two (2) plan views per sheet with section views at conflicts as well as some enlarged details at certain complex utility and road way crossings at a scale of up to 1:10. Substantial deviations from this list (e.g. new routes resulting in additional sheets as derived from the Evaluations in Part I of this Scope) will be considered additional scope. CDM assumes the Front-End division of the contract documents will be prepared by the CITY for CDM's use. At approximately the 60-percent and 90-percent completion levels of the contract documents, CDM will submit six (6) sets of progress drafts of said documents to the CITY for review. CDM will schedule review meetings and address appropriate CITY review comments. At these design milestones, CDM will prepare an Engineers Opinion of Probable Construction Cost. CDM will submit two (2) sets of signed and sealed contract documents to CITY staff one-week prior to the initial bid advertisement for the contract. CDM will provide the CITY with an electronic copy of the documents in PDF format and AutoCAD..The design plans shall be compiled using one of the following two methods: 1) The City of Clearwater CAD standards, as.attached, 2) Pinellas County Survey CAD standards for survey base map and City Of Clearwater standards for the design portion. Task 3.2 Deliverables 1. Six (6) copies of the 60-percent design 2. 60-percent Engineers Opinion of Probable Construction Cost 3. Six (6) copies of the 90-percent design 4. 90-percent Engineers Opinion of Probable Construction Cost 5. Two (2) sets of signed and sealed contract documents 6. One (1) CD containing a PDF of the final specification and AutoCAD files of plan set. 7. Final Engineers Opinion of Probable Construction Cost Task 3.3 Permitting Task 3.3.1 Plant Expansion Environmental Resource Permit (ERP) CDM will attend one (1) pre-application meeting at the SWFWMD to discuss the proposed improvements with the SWFWMD. The CITY will be invited to attend the pre-application meeting. This task also includes research at the SWFWMD for permit information related to the existing Environmental Resource Permit on- site. CDM will prepare the application for an Environmental Resource Permit for the plant site to the SWFWMD. Based on preliminary research by CDM, it appears that an existing ERP exists for a portion of the site. This task seeks to modify the existing ERP and permit the remaining site not covered under the existing ERP. This scope anticipates that an Individual ERP for construction will be required. It is assumed that existing wetlands or surface water are not present and will not be impacted. It is assumed that permitting through the United States Army Corps of Engineers (ACOE) is not needed. CDM will prepare the application for an ERP for the plant site to the SWFWMD. The ERP will include stormwater and environmental evaluations. The stormwater evaluation will consider drainage patterns, peak stages and flows, and other permit criteria. CDM will submit permit applications to the CITY for review and comment. CDM will revise the applications based on the CITY's comments and submit to SWFWMD for review and approval. CDM assumes all permit fees will be covered by the CITY. CDM has budgeted for one (1) Request for Additional Information (RAI) in the scope of services. It is anticipated that any permits needed for dewatering or NPDES will be obtained by the construction contractor. Task 33.2 Plant Expansion Potable Water Systems Components Permit CDM will prepare the application for a Specific Permit to Construct PWS Components including furnishing all required data, drawings, and other requested information as required by Florida Department of Environmental Protection (FDEP) regulations and guidelines. It is assumed that the Specific Permit to Construct PWS Components can be obtained using the Engineering Report as described elsewhere in this Scope of Services and as allowed by Chapter 62-555, Florida Administrative Code. CDM, in conjunction with CITY staff, will prepare for and attended a pre-application meeting with FDEP. CDM will submit permit applications to the CITY for review and meet with the CITY as required to discuss the CITY's review comments. CDM will revise the application and/or supporting documentation as required and submit to the FDEP for review and approval. CDM has budgeted for one (1) RAI in the scope of services. Task 33.3 Pipeline Permits CDM will prepare and submit applications for a Potable Water Systems Components and an Environmental Resource Permit (ERP) for the concentrate disposal pipeline. CDM anticipates this will be done at the 60-percent design level. CDM assumes the pipeline qualifies for a Noticed General ERP under FAC 62-341 and the pricing of this task reflects this level of effort. Additionally, CDM will prepare and submit Right-of-Way Use permit applications for pipelines only to the following affected entities: Florida Department of Transportation (FDOT), Pinellas County, and the CITY. If required, CDM will also submit the concentrate disposal pipeline plans and specifications to Progress Energy for review and comment to support a Right of Way Use agreement between the CITY and Progress Energy. The CITY is responsible for any review fees required by Progress Energy or other permitting entity. CDM does not anticipate that a Drainage Connection Permit from the FDOT will be required. CDM does not anticipate that permitting for the pipeline will be required through the ACOE. CDM assumes no RAIs will be involved in these processes and that only minor clarifications will be involved. CDM assumes that minor clarifications will apply to information submitted and can be addressed via phone calls and electronic mail without additional graphics, calculations or other supporting materials. Task 3.3.4 Building Permit Support CDM will submit two (2) signed and sealed sets and six (6) copies of drawings and specifications to the CITY, who will file a Building Permit application with the CITY's Building Department. CDM will assist the CITY by responding to requests for additional information during this process. CDM has budgeted a labor and expense allowance of $5,000.00 to assist with this task. Task 3.3 Deliverables 1. Two (2) copies of draft and final Plant ERP application 2. Two (2) copies of draft and final Plant PWS application 3. Two (2) copies of draft and final Pipeline ERP, Right-of-Way Use, and Progress Energy permit applications 4. Respond to Building Department RAI's as applicable and within established allowance. Task 3.4 Design Review Meetings Upon submittal of draft contract documents at set milestones, CDM will hold a .design review meeting with CITY staff to discuss and address comments related to the design. At this time, CDM anticipates up to four (4) such meetings at the 60- percent and 90-percent levels for the plant expansion and concentrate disposal pipeline, respectively. CDM will prepare minutes of the meetings and incorporate the appropriate comments into the deliverables. The CITY understands that CDM will not proceed with additional design phases until the designs and meeting minutes are approved by the CITY. Task 3.4 Deliverables 1. 60-percent and 90-percent Plant Design Review Meeting Minutes 2. 60-percent and 90-percent Concentrate Pipeline Design Review Meeting Minutes Task 3.5 Public Meeting's CDM understands the CITY desires to have public involvement in the design process. CDM will attend one (1) public meeting related to the Concentrate Disposal Pipeline. CDM will provide up to three (3) poster boards and two (2) project engineers (one of which will be the Project Manager or Project Principal) attend the meeting. CDM also anticipates attendance at one (1) CITY Council meeting may be required to answer questions about the project. CDM assumes CITY staff will create and present any materials required for this meeting. Task 3.5 Deliverables 1. Three (3) poster boards to support public meeting Task 3.6 Project Management During the execution of this phase, CDM will provide project management oversight of all technical work. CDM's project manager will be responsible for coordinating and communicating with all members of the project team and the City as well as be fully involved in the development of all deliverables created under this phase. CDM's project manager will also provide summary status updates to the CITY's project manager with its invoice. CDM will provide a schedule update at the completion of this phase. Additionally, CDM's project manager will participate in up to one (1) monthly CIP Review Meeting with CITY staff to present the current status of the project. Task 3.6 Deliverables 1. Summary Status Reports with Invoices 2. End of Phase Schedule Update Task 3.7 Quality Management All CDM projects must adhere to rigorous guidelines outlined in our written Quality Management Procedures (QMP). The QMPs cover detailed procedures related to project startup, execution, construction and close-out. CDM's quality processes include formal review and cross-checking activities designed to deliver a quality product. For example, CDM will conduct formal Technical Review Committee (TRC) sessions as part of these activities with senior CDM technical specialists that are not involved in the day-to-day execution of the project. This allows for an unbiased opinion which we find helps bolster the overall quality of the project. CDM will adhere' to its QMP-1 procedures for this phase of the project. Task 4 BIDDING PHASE Task 4.1 Bidding Support For each of the contract documents (Plant Expansion and Pipeline Construction), CDM will provide the following support during bidding: 1. Answer. up to three (3) Requests for Information (RFI) questions posed by prospective bidders according to the guidelines established in the Contract Document for each Contract. 2. Provide up to two (2) personnel to attend the pre-bid meeting and pre-bid site visit for each Contract. For budgeting purposes, CDM assumes the pre-bid meeting and site visit for the plant work will take place at the same time and no site visit is required for the pipeline project. 3. Prepare and distribute up to two (2) Addenda to plans and specifications prior to receipt of bids for each Contract. 4. Assist the CITY in analyzing the bids received. CDM understands the CITY will prepare certified bid tabulations for each contract. 5. For the apparent low bidder for each Contract, obtain and evaluate information and qualifications submittals required by the Contract Documents (re: subcontractors, certification and license, experience and financial statements, etc.) 6. Recommend award for contract to the lowest responsive, responsible bidder for each contract. Task 4.1 Deliverables 1. Two (2) addenda per contract as required 2. Recommendation of award letter 3. PROJECT GOALS: The following deliverables will be developed during the respective phases of the project: Pre-Design Deliverables: Task 1.1 Deliverables (Project Initiation) 1. Meeting Minutes 2. Baseline Project Schedule Task 1.2 Deliverables (Evaluation) 1. Electronic Draft Technical Memorandum 2. Three (3) copies of the Final Technical Memorandum 3. Workshop Minutes Task 1.3 Deliverables (Project Management) 1. Summary Status Reports with Invoices 2. End of Phase Schedule Update Design Deliverables: Task 2.1 Deliverables (Geotech n ical Investigations) 1. Three (3) copies of "Final" site geotechnical report 2. Three (3) copies of "Final" pipeline route geotechnical report Task 2.2 Deliverables (Survey) 1. Six (6) copies of site survey, plus electronic copy 2. Six (6) copies of Right of Way survey plus electronic copy 3. One (1) copy of signed and sealed Surveyors Report plus electronic copy Task 2.3 Deliverables (Plant Preliminary Design Report) 1 Three (3) copies of draft PDR and PDF file 2 Three (3) copies of final PDR 3 One (1) CD with PDF of final PDR Task 2.4 Deliverables (Pipeline Preliminary Design Report) 1. Six (6) copies of draft Concentrate Pipeline Preliminary Design 2. Six (6) copies of final Concentrate Pipeline Preliminary Design Task 2.5 Deliverables (Design Workshops) 1. PDR Workshop Minutes 2. Concentrate Pipeline Preliminary Design Workshop Minutes Task Z 6 Deliverables (Public Meetings) 1. Three (3) poster boards to be used at meeting sessions Task Z 7Deliverables (Project Management) 1. Summary Status Reports with Invoices 2. End of Phase Schedule Update Final Design Deliverables: Task 3.1 Deliverables (Plant Expansion) 1. Sias (6) copies of the 60-percent design 2. 60-percent Engineers Opinion of Probable Construction Cost 3. Six (6) copies of the 90-percent design 4. 90-percent Engineers Opinion of Probable Construction Cost 5. two(2) sets of signed and sealed contract documents 6. One (1) CD containing a PDF of the final specification and AutoCAD files of plan set. 7. Final Engineers Opinion of Probable Construction Cost Task 3.2 Deliverables (Concentrate Pipeline) 1. Six (6) copies of the 60-percent design 2. 60-percent Engineers Opinion of Probable Construction Cost 3. Six (6) copies of the 90-percent design 4. 90-percent Engineers Opinion of Probable Construction Cost 5. Two (2) sets of signed and sealed contract documents 6. One (1) CD containing a PDF of the final specification and AutoCAD files of plan set. 7. Final Engineers Opinion of Probable Construction Cost Task 3.3 Deliverables (Permitting) . 1. Two (2) copies of draft and final Plant ERP application 2. Two (2) copies of draft and final Plant PWS application 3. Two (2) copies of draft and final Pipeline ERP, Right-of-Way Use, and Progress Energy permit applications 4. Respond to Building Department RAI's as applicable and within established allowance. Task 3.4 Deliverables (Design Review Meetings) 1. 60-percent and 90-percent Plant Design Review Meeting Minutes 2. 60-percent and 90-percent Concentrate Pipeline Design Review Meeting Minutes Task 3.5 Deliverables (Public Meetings) 1. Three (3) poster boards to support public meeting Task 3.6 Deliverables (Project Management) 1. Summary Status Reports with Invoices 2. End of Phase Schedule Update Bidding Phase Deliverables Task 4.1 Deliverables (Bidding Support) 1. Two (2) addenda per contract as required 2. Recommendation of award letter 4. BUDGET: Attachment B includes a cost table that depicts the total cost per task and/or phase for these engineering services. This price includes all labor and expenses (note that expenses have been reduced based on the assumption that many deliverables will be presented electronically and that on-line collaboration will reduce overall travel and mailing expenses) anticipated to be incurred by Camp Dresser & McKee, Inc. for the completion of these tasks, on a time and materials basis, using a labor cost times a multiplier of 3.1 and a 1.0 multiplier for expenses and subconsultants, for a fee not to exceed One Million one Hundred eighty thousand eight hundred and sixty-seven Dollars ($1;180,867), without prior written consent. The permit application fees will be paid by the consultant and invoiced to the CITY as a reimbursable. 5. SCHEDULE: The project is to be completed 9 months from issuance of notice-to-proceed. The project deliverables are to be phased as follows: Technical Memorandum 45 calendar days Preliminary Design Report 40 calendar days 60% construction plans and permit applications 75 calendar days 90% construction plans 50 calendar days Final construction documents 30 calendar days Bidding 30 calendar days 6. STAFF ASSIGNMENT (Consultant): CDM's key staff members on this project will be Michael P. Smith (Principal-In-Charge), Michael J. Carballa (Project Manager), Dr. Colin Hobbs (Lead Process Designer), Dr. Donald Thompson (Process Technical Reviewer) and Gina Cashon (Lead Civil Designer). 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to Mike Carballa. All CITY project correspondence shall be directed to Lan-Anh Nguyen with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Attn: Deb Lutz, Senior Staff Assistant, Engineering, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly according to fee schedule. Contingency services will be billed as incurred only after written authorization provided by the CITY to proceed with those services. City Invoicing Code: _0376-96764-531300-533-000-0000 9. ITEM 9 INTENTIONALLY LEFT BLANK 10. SPECIAL CONSIDERATIONS: None PREPARED BY: Michael P. Smith Vice President Camp Dresser & McKee Inc. APPROVED BY: Michael D. Quillen, PE City Engineer City of Clearwater Date Date LL 01' CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM Attachment "A" CITY DELIVERABLES FORMAT The design plans shall be compiled utilizing the following methods. 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3d file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTS file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address tom.mahony(i4myclearwater.com All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment B CITY OF CLEARWATER RO Plant #1 Expansion PROJECT BUDGET CDM Task Description Subconsultant Services Labor Total 1 Pre-Design Task 1.1 Project Initiation $ 7,640 Task 1.2 Evaluation $ 88,210 Task 1.3 Project Management $ 8,400 Task 1.4 unli Maa ement $ 5,080 $ 109,330 2 Design Task 2.1 Geotechnical Investi anon $ 36,000 $ 3.600 Task 2.2 Survey $ 93,485 $ 6,640 Task 2.3 Preliminm Desi Report $ 95,860 Task 2.4 Concentrate Pipeline Pmliq!jpn Design $ 31 160 Task 25-DesignReview Workshops $ 7,900 Task 2.6 Public Meetings $ 6,240 Task 2.7 Project Management $ 24,840 Task 2.8 Quality M ement $ 13,440 $ 319,165 III Final Design Task 3.1 Plant Expansion Des' $ 349,840 Task 3.2 Concentrate Pipeline Design $ 149,300 Task 3.3 Permitting S 72,690 Task 3.4 Design Review Meetings $ 7,560 Task 3.5 Public Meetin $ 6,240 Task 3.6 Project Management $ 44,200 Task 3.7 ali Man ement S 23,000 $ 652,820 IV Biddinx Support - Task 4.1 Bidding Support $ 42 370 $ 42,370 Subtotal, Labor and Subcontractors S 1,123, 685 Other Direct Costs (prints, photocopies, travel, etc. S 57 182 Grand Total $ 1 180 867 EXHIBIT "B" RISK MANAGEMENT / INSURANCE REQUIREMENTS FOR AGREEMENTS AND CONTRACTS STATEMENT OF PURPOSE The City of Clearwater enters into agreements and contracts for services and/or products of other parties. Agreements and contracts shall contain Risk Management/Insurance terms to protect the City's interests and to minimize its potential liabilities. Whenever applicable, the following terms shall be included in agreements and contracts. CITY DEFINED The term "City" (wherever it may appear) is defined to mean the City itself, its Council, the Community Redevelopment Agency of the City of Clearwater, a Florida governmental agency created pursuant to Part III, Chapter 163, Florida Statutes, its duly appointed officers, or other public bodies, officers, employees, volunteers, representatives and agents. OTHER PARTY DEFINED The term "other party" (wherever it may appear) is defined to mean the other person or entity which is a party to an agreement or contract with the City, any subsidiaries or affiliates, officers, employees, volunteers, representatives, agents, contractors, and subcontractors. HOLD HARMLESS The City shall be held harmless against all claims for bodily injury, sickness, disease, death or personal injury or damage to property or loss of use resulting therefrom, arising out of the agreement or contract unless such claims are a result of the City's sole negligence. PAYMENT ON BEHALF OF CITY The other party agrees to pay on behalf of the City, and to pay the cost of the City's legal defense, as may be selected by the City, for claims or suits arising from the fault of the other party or other persons employed or utilized by the other party in the performance of the contract. Such payment on behalf of the City shall be in addition to any and all other legal remedies available to the City and shall not be considered to be the City's exclusive remedy. INSURANCE The other party shall provide the following described insurance, except. for coverage's specifically waived by the City, on policies and with insurers acceptable to the City. These insurance requirements shall not limit the liability of the other party. The City does not represent these types or amounts of insurance to be sufficient or adequate to protect the other party's interests or liabilities, but are merely minimum. Except for Workers' Compensation and Professional Liability, the other party's insurance policies shall be endorsed to name the City as an additional insured to the extent of the City's interests arising from this contract or agreement. Except for Workers' Compensation, the other party waives its right of recovery against the City, to the extent permitted by its insurance policies. The other party shall request that its insurers' policies include or be endorsed to include a severability of interest/cross liability provision so the City will be treated as if a separate policy were in existence without increasing the policy limits. The other party's deductibles/self-insured retentions shall be disclosed to the City and may be disapproved by the City. They shall be reduced. or eliminated at the option of the City. The other party is responsible for the amount of any deductible or self-insured retention. Workers' Compensation Coverage The other party shall purchase and maintain Workers' Compensation Insurance for all workers compensation obligations imposed by state law and employers liability limits of at least $100,000 each accident and 100,000 each employee/$500,000 policy limit for disease. The other party shall also purchase any other coverage's required by law for the benefit of the employees. General Automobile and Excess or Umbrella Liability Coverage The other party shall purchase and maintain coverage on forms no more restrictive than.the latest editions of the Commercial or Comprehensive General Liability and Business Auto policies of the Insurance Services office. Minimum limits of $500,000 per occurrence for all liability must be provided, with excess or umbrella insurance making up the difference, if any, between the policy limits of underlying policies (including employers liability required in the Workers' Compensation Coverage section) and the total amount of coverage required. Commercial General Liability If Commercial General Liability coverage is provided: Coverage "A": Shall include premises, operations, products and completed operations, independent contractors, contractual liability covering this agreement or contract, and broad form property damage coverage's. Coverage "B": Shall include personal injury. Coverage "C": Medical payments are not required. Occurrence Form: The occurrence form of Commercial General Liability must be provided. Comprehensive General Liability If Comprehensive General Liability coverage is provided it shall include at least: • Bodily injury and property damage liability for premises, operations, products/completed operations, independent contractors, and property damage resulting from explosion, collapse or underground (x,c,u) exposures. • Broad Form Comprehensive General Liability coverage, or its equivalent, with at least: $1,000,000.00 • Broad form contractual liability covering this agreement or contract, personal injury liability and broad form property damage liability. Products/Completed Operations Coverage The other party is required to continue to purchase products contract or agreement, for a minimum of three years (3) beyond the City's acceptance of renovation or construction projects. Business Auto Liabili Business Auto Liability coverage is to include bodily injury and property damage arising out of operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use. Watercraft/Aircraft Liability If the other party's provision of services involves utilization of watercraft or aircraft, watercraft and/or aircraft liability coverage must be provided to include bodily injury and property damage arising out of ownership, maintenance or use of any watercraft or aircraft, including owned, non- owned and hired. Excess or Umbrella Liabili Umbrella Liability insurance is preferred, but an Excess Liability equivalent may be allowed. Whichever type of coverage is provided, it shall not be more restrictive than the underlying insurance policy coverage's. CERTIFICATES OF INSURANCE Required insurance shall be documented in Certificates of Insurance that provide that the City shall be notified at least thirty (30) days in advance of cancellation or non-renewal. Consultant shall be required to provide City with notice of any adverse change. New Certificates of Insurance are to be provided to the City at least fifteen (15) days prior to coverage renewals. If requested by the City, the other party shall furnish complete copies of the other party's insurance policies, forms, and endorsements. The address where all such Certificates of Insurance and policies of insurance, when requested, shall be sent or delivered is as follows: City of Clearwater Attention: City Clerk P.O. Box 4748 Clearwater, Florida 33758-4748 For Commercial General Liability coverage, the other party shall, at the option of the City, provide an indication of the amount of claims payments or reserves chargeable to the aggregate amount of liability coverage. Receipt of certificates or other documentation of insurance or policies or copies of policies by the City, or by any of its representatives, that indicate less coverage than required does not constitute a waiver of the other party's obligation to fulfill the insurance requirements herein. INSURANCE OF THE OTHER PARTY PRIMARY Insurance required of the other party or any other insurance of the other party shall be considered primary, and insurance of the City shall be considered excess, as may be applicable to claims that arise out of the Hold Harmless, Payment on Behalf of City, Insurance, and Additional Insurance and Certificates of Insurance provisions of this agreement or contract. LOSS CONTROL / SAFETY Precaution shall be exercised at all times by the other party for the protection of all persons, including employees, and property. The other party shall be expected to comply with all applicable laws, regulations, or ordinances related to safety and health and shall make special efforts where appropriate to detect hazardous conditions and shall take prompt action where loss control/safety measures should reasonably be expected. The City may order work to be stopped if conditions exist that present immediate danger to persons or property. The other party acknowledges that such stoppage will not shift responsibility for any damages from the other party to the City. CONSIDERATION FOR HOLD HARMLESSMAYMENT ON BEHALF Applicable to Florida Construction, Contracts The other party agrees to accept, and acknowledges as an adequate amount of remuneration, the consideration of $100.00 for agreeing to the Hold Harmless, Payment on Behalf of City, Insurance and Certificates of Insurance provisions in this agreement or contract. ADDITIONAL INSURANCE FOR REPAIR OR SERVICE OR OTHER CONTRACTS If checked below, the City requires the following additional provisions or types of insurance for repair or service or other contracts to afford added protection against loss which could affect the work being performed. Commercial General Liabili Increased General Aggregate Limit The minimum commercial general liability general aggregate limit shall be $1,000,000.00 that is greater than the occurrence limit simply because it is an annual aggregate limit. Installation Floater Insurance Installation Floater insurance is to be provided to cover damage or destruction to equipment being installed or otherwise being handled or stored by the other party. The amount of coverage should be adequate to provide full replacement value of the equipment being installed, otherwise being handled or stored on or off premises. All risks coverage is preferred. Motor Truck Cargo Insurance If the Installation Floater insurance does not provide transportation coverage, separate Motor Truck Cargo or Transportation insurance is to be provided for materials or equipment transported in the other party's vehicles from place of receipt to building sites or other storage sites. All risks covered are preferred. Contractor's E ui ment Insurance Contractor's Equipment insurance is to be purchased to cover loss of equipment and machinery utilized in the performance of work by the other party. All risks coverage is preferred. Fidelity/Dishonest Insurance - Coverage for Employer Fidelity/Dishonesty insurance is to be purchased to cover dishonest acts of the other party's employees, including but not limited to theft of vehicles, materials, supplies, equipment, tools, etc.; especially property necessary to work performed. Fideli/Dishones /Liabili Insurance - Covera we for Ci Fidelity/Dishonesty/Liability insurance is to be purchased or extended to cover dishonest acts of the other party's employees resulting in loss to the City. ADDITIONAL INSURANCE FOR RENOVATION OR CONSTRUCTION CONTRACTS If checked below, the City requires the following types of insurance for renovation or construction contracts, in addition to required coverage's previously cited, including Additional Insurance for Repair or Service or Other Contract. Commercial General Liability Praiect Aggregate Because the Commercial General Liability form of coverage includes an annual aggregate limitation on the amount of insurance provided, a separate project aggregate limit is required by the City for this contract or agreement. Owners Protective Liability For renovation or construction contracts the other party shall provide for the City an Owners Protective Liability insurance policy (preferably through the other party's insurer) in the name of the City. Builders Risk Builders Risk insurance is to be purchased to cover the property for all risks of loss, subject to a waiver of coinsurance, including coverage of risks indicated in the Installation Floater and Motor Truck Cargo insurance previously described if such coverage's are not separately provided. The Builders Risk insurance is to be endorsed to cover the interests of all parties, including the City and all contractors and subcontractors. The insurance is to be endorsed to grant permission to occupy. PROFESSIONAL LIABILITY; MALPRACTICE AND/OR ERRORS OR OMISSIONS If checked below, the City requires the following terms and types of insurance for professional, malpractice, and errors or omissions liability. X Hold Harmless The City shall be held harmless against liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the design professional and other persons or entities employed, controlled, or utilized by the design professional in the performance of the contract. The City shall also be held harmless against all claims for fines, costs, expenses caused by, directly or indirectly, by the design professional and other persons or entities employed, controlled, or utilized by the design professional that failed to comply with any applicable laws, statutes, ordinances, or government regulations, and against other persons' financial loss with respect to the provision of or failure to provide professional or other services resulting in the design professional's professional, malpractice, errors, or omissions giving rise to liability from the performance of the agreement or contract., It is specifically understood and agreed, however, that this indemnification/hold harmless agreement does not cover or indemnify the City for its own negligence. X Professional Liabitity/Malpractice/Errors or Omissions Insurance The other party shall purchase and maintain professional liability or malpractice or errors or omissions insurance appropriate for the type of business engaged in by the other party with minimum limits of $1,000,000 per occurrence. If a claim's made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. WRITTEN AGREEMENT/CONTRACT Any party providing services or products to the City will be expected to enter into a written agreement, contract, or purchase order with the City that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance and insurance requirements as contained herein. A failure to do so, may, at the sole discretion of the City, disqualify any party from performing services or selling products to the City provided; however, the City reserves the right to waive any such requirements. EXHIBIT "C" PROVISION OF PAYMENT BASIS FOR PAYMENT The owner shall pay CONSULTANT and CONSULTANT agrees to accept as full compensation for its services (as established by Work Order) compensation as computed by one of the following methods: Method "A" - Costs Times Multiplier Basis - Compensation in the form of actual costs times a multiplier as determined by the following formula: Actual raw Salary Cost x Multiplier + Subconsultant Cost + Other Direct Costs. Multiplier 331 includes fringe benefit rate, overhead, operating margin and profit and is subject to annual review. Subconsultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be based on billing rates for required labor classifications. Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing, copying, long distance telephone calls, etc., times a factor of 1.00. Method "B" - Lump Sum - Compensation in the form of "lump sum" shall be determined by mutual agreement between the CONSULTANT and the City. The lump sum amount shall be negotiated based upon a scope of services developed by the CONSULTANT and approved by the city.