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AGREEMENT FOR PROFESSIONAL SERVICES - RFQ #07-19 - MARSHALL STREET WATER RECLAMATION FACILITY INFLUENT PUMP STATION AND HEADWORKS DESIGN SERVICES
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF CLEARWATER AND JONES EDMUNDS & ASSOCIATES, INC. RFQ #07-19 MARSHALL STREET WATER RECLAMATION FACILITY INFLUENT PUMP STATION AND HEADWORKS DESIGN SERVICES This AGREEMENT is made and entered into on the 744" day of August, 2019 by and between the City of Clearwater, Florida (CITY) and Jones Edmunds & Associates, 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 response to Request For Qualifications #07-19. 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 practices, by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of Florida, 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 to perform an array of services for the City as set forth in RFQ #07-19, Scope of Services. 2.2 The CONSULTANT'S services under this Agreement will be provided under a project specific Work Order. Each Work Order will include the services for a single project or assignment, and will contain a mutually agreed-upon detailed scope of services, project goals, fee and schedule of performance in accordance with applicable fiscal and budgetary constraints. Total compensation for all services shall not exceed $2,090,228.00 unless specifically authorized by the City Council. 1 See Work Order attached hereto as Exhibit B. 2.3 The CONSULTANT shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required engineering and/or consultant services hereunder, and shall diligently execute the work to meet the completion time established. 2.4 The CITY reserves the right to enter into contracts with other engineering and/or architect firms for similar services. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other engineering and/or architectural firms retained by the CITY. 3.0 PERIOD OF SERVICES 3.1 The CONSULTANT shall begin work promptly after receipt of a fully executed Agreement. Receipt of a fully executed Agreement shall constitute written notice to proceed. 3.2 If the CONSULTANT'S services called for 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 for a period not to exceed to two (2) years, subject to the provisions for termination contained herein. 4.0 PROFESSIONAL SERVICES/CONSULTANT'S COMPETITIVE NEGOTIATION ACT (CCNA) - Florida Statue 287.055 Professional Services provided under this Agreement 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. 5.0 GENERAL CONSIDERATIONS 5.1 All documents including field books, drawings, specifications, calculations, geotechnical investigation reports, etc., used in the preparation of the work shall be supplied by the CONSULTANT and 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. 5.2 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. 2 5.3 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. 5.4 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. 5.5 To the fullest extent permitted by law, the CONSULTANT 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 attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of this CONSULTANT under this AGREEMENT. Notwithstanding any provision herein to the contrary, this paragraph shall not be construed as a waiver of any immunity to which CITY is entitled or the extent of any limitation of liability pursuant to § 768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall it be interpreted as limiting or in any way affecting any defense CITY may have under § 768.28, Florida Statutes or as consent to be sued by third parties. The obligations under this paragraph shall expressly survive termination or expiration of this Agreement. 5.6 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. 5.7 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 as: Project Manager and technical experts. 5.8 Unless otherwise required by law or judicial order, the CONSULTANT agrees that it shall make no statements, press releases or other public communication concerning the Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data, technical processes, business affairs or other information obtained or furnished in the conduct of work under this Agreement without first notifying the City and securing its consent in writing. The CONSULTANT also agrees that it shall not publish copyright or patent any of the site specific data or reports furnished for or resulting from work under this Agreement. This does not include materials previously or concurrently developed by the CONSULTANT for "In House" use. Only data and reports generated. by the CONSULTANT under this Agreement shall be the property of the City. 5.9 Public Records. The CONSULTANT will be required to comply with Section 119.0701, Florida Statutes, as may be amended from time to time, specifically to: 3 IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. CONSULTANT shall comply with the following: a) Keep and maintain public records required by the City of Clearwater (hereinafter "public agency") to perform the service being provided by the contractor hereunder. b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. 4 1) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency's custodian of public records and to the contractor at the contractor's address listed on its contract with the public agency or to the contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. 6.0 COMPENSATION 6.1 The CONSULTANT shall be compensated for services rendered under this Agreement upon presentation of CONSULTANT'S monthly invoice, Net 30. An hourly rate schedule is included as Exhibit C. 6.2 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. 7.0 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, 5 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. 8.0 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. 9.0 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. 10.0 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. 11.0 PUBLIC ENTITY CRIMES Pursuant to Florida Statute 287-132-133, effective July 1, 1989, the City of Clearwater, as a public entity, may not accept any proposal from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, F.S., for Category Two (currently $35,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person of affiliate has been removed from the list pursuant to Section 287.133 (3)(f), F.S. If you submit a proposal in response to this request, you are certifying that Florida Statute 287.132 and 287.133 does not restrict your submission. 12.0 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS The CONSULTANT will be required to comply with Section 287.135, Florida Statues, specifically by executing the forms provided (attached). 6 13.0 RFQ #07-19, STANDARD TERMS AND CONDITIONS All terms and conditions as set forth in RFQ #07-19, Standard Terms of Conditions are incorporated by reference and hereto attached as Exhibit A. 14.0 ORDER OF PRECEDENCE Any inconsistency in documents relating to this Agreement shall be resolved by giving precedence in the following order: (i) this Agreement and subsequent Amendments; (ii) RFQ #07-19, Standard Terms and Conditions; and (iii) Work Orders. 15.0 INSURANCE REQUIREMENTS Insurance Requirements are set forth in Exhibit D, which is incorporated by reference and attached hereto. 7 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year first above written. Countersigned: — ctep(Ltt\teAtkOc George N. Cretekos Mayor Appr. - ' as to form: Owen Kohler Assistant City Attorney By: JONES EDMUNDS & ASSOCIATES, INC. Print Name: Stanley F. Ferreira, Jr., PE Title: President & CEO WITNESS: By: Print Name: Linda Lyles CITY OF CLEARWATER Willia.- :. Horne II Cit anager Attest: Rosemarie Call City Clerk 8 r4 �,( /// SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM PER SECTION III, ITEM 25, IF YOUR BID IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORMAS REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities ' e Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. Authorize ig ture Stanley F. Ferreira, Jr., PE Printed Name President & CEO Title Jones Edmunds & Associates, Inc. Name of Entity/Corporation STATE OF FLORIDA COUNTY OF ALACHUA The foregoing instrument was acknowledged before me on this 8th day of July , 20 19 , by Stanley F. Ferreira, Jr., PE (name of person whose signature is being notarized) as the President & CEO (title) of Jones Edmunds & Associates, Inc. (name of corporation/entity), personally known to me as described herein X , or produced a (type of identification) as identification, and w)o clit'did not take an oath. Public - o c i se L YY1 ((}7 L% o r Printed Name JODIE MCGREGOR MY COMMISSION # GG 122159 EXPIRES: August 26, 2021 Bonded Ilya Wary Pubic Urde rtikss My Commission Expires: © /0244.2 o ..t.1 NOTARY SEAL ABOVE 9 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM PER SECTION III, ITEM 25, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORMAS REQUIRED, MAYDEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 5. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 6. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 7. "Boycott Israel" or "boycott of Israel" means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli -controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 8. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. STATE OF FLORIDA COUNTY OF ALACHUA Authorize • " . . ture Stanley F. Ferreira, Jr., PE Printed Name President & CEO Title Jones Edmunds & Associates, Inc. Name of Entity/Corporation The foregoing instrument was acknowledged before me on this 8th day of July , 20 19 , by Stanley F. Ferreira, Jr., PE (name of person whose signature is being notarized) as the President & CEO (title) of Jones Edmunds & Associates, Inc. (name of corporation/entity), personally known to me as described herein X , or produced a (type of identification) as identification, and who tlitl/did not take an oath. a"'". 4:!'''y JODIE MCGREGOR '',,•, MY COMMISSION # GG 122159 ri•- ? J EXPIRES: August 26, 2021 Bonded flru Notary Public Underwriters My Commission Expires: 0 a /oZ (o /2 0 z I NOTARY SEAL ABOVE 10 blic ocfie LKY) CGreg,0/- Printed Name EXHIBIT A RFQ 07-19 STANDARD TERMS AND CONDITIONS RFQ 07-19, STANDARD TERMS AND CONDITIONS AGREEMENTS AND CONTRACTS S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: "vendor, contractor, supplier, proposer, company, parties, persons", "purchase order, PO, contract, agreement", "city, Clearwater, agency, requestor, parties", "bid, proposal, response, quote". S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor's employees, not City employees. Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers' compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City's written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug -Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. 1 S.11 RFQ 07-19, STANDARD TERMS AND CONDITIONS AGREEMENTS AND CONTRACTS Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter "Contractor Immigration Warranty"). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor's personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor's services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor's responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. 2 RFQ 07-19, STANDARD TERMS AND CONDITIONS AGREEMENTS AND CONTRACTS S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 112 S. Osceola Ave., Clearwater, FL 33756. The contractor's agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter "public agency") to perform the service being provided by the contractor hereunder. b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 3 RFQ 07-19, STANDARD TERMS AND CONDITIONS AGREEMENTS AND CONTRACTS d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency's custodian of public records and to the contractor at the contractor's address listed on its contract with the public agency or to the contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor's place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City's information, data, or facilities in accordance with the City's current 4 RFQ 07-19, STANDARD TERMS AND CONDITIONS AGREEMENTS AND CONTRACTS background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor's capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City's Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non - defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor's intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non -defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. if the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs indudes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, induding, but not limited to, administrative expenses, attorneys' fees, and costs. c. The non -defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. 5 RFQ 07-19, STANDARD TERMS AND CONDITIONS AGREEMENTS AND CONTRACTS S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days' written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON -APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor's properly prepared final invoice. S.24 NON -WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel's failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for daims based on this Agreement or use of Contractor -provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman -like and professional manner. The City's acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City's reasonable satisfaction. 6 RFQ 07-19, STANDARD TERMS AND CONDITIONS AGREEMENTS AND CONTRACTS Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City's right to recover against third parties for any loss, destruction, or damage to City property, and will at the City's request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City's use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable 7 RFQ 07-19, STANDARD TERMS AND CONDITIONS AGREEMENTS AND CONTRACTS usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred -twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City's Purchasing Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may 8 RFQ 07-19, STANDARD TERMS AND CONDITIONS AGREEMENTS AND CONTRACTS be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. 9 EXHIBIT B WORK ORDER INITIATION FORM JonesEdmund0 Jones Edmunds & Associates, Inc. WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: June 3 201 Consultant Project Number: 03720-054-01 City Project Number: 18 -0026 -UT 1. PROJECT TITLE: Marshall Street WRF Influent Pump Station and Headworks Replacement Design Services 2. SCOPE OF SERVICES: Jones Edmunds is pleased to provide the City with this scope of services for the Marshall Street WRF Influent Pump Station (IPS) and Headworks Replacement design services. In this scope of work, Jones Edmunds and team will provide pre -design, design services, final design, permitting and bidding phase services for improvements to the Marshall Street WRF. This work includes replacement of the IPS and the headworks structure and associated odor control systems, an influent flow equalization (EQ) tank, electrical, instrumentation and control improvements, and collaborating with Duke Energy to upgrade the electrical / transformer loop between the new IPS, Reclaimed Water High Service Pump Station, and Laboratory transformers. The design will incorporate constructability in a phased approach that minimizes impacts to the operations of the WRF during construction and startup to maintain compliance with the WRF's FDEP Operating Permit. The proposed scope of work outlined herein is to provide professional engineering services to the City during the preliminary design phase, final design phase, permitting and bidding phase for the proposed upgrades. Construction phase services will be conducted under a separate work order. The proposed design approach will consider the extensive above- and below - ground infrastructure assets around existing facilities as well as continuing operations of the WRF during construction. Design plans will be compiled using the City of Clearwater CAD standards. A summary of the tasks that will be conducted under this scope of work include: WORK ORDER INITIATION FORM 1 of 24 Revised: 11/29/2017 I. PRE -DESIGN PHASE Task 1.1: Project Management Jones Edmunds will develop a Project Management Plan (PMP) and set up accounting and management files associated with the project. The PMP will summarize the following: The City's goals and critical success factors, project schedule, project budgets, communications plan, accounting/invoicing procedures, and project contact list. Jones Edmunds will manage the project in conformance with the PMP throughout the project. If the PMP needs to be modified as the project develops, Jones Edmunds and the City will discuss and agree on the required modifications. Jones Edmunds will coordinate with the City and other project team members including subconsultants throughout the duration of the project and conduct monthly progress review meetings with the City to discuss: status of work completed to date; work anticipated to be completed in next reporting period; problems and/or obstacles identified; outstanding issues and updated project schedule. Deliverables: Project Management. Monthly Meetings will include preparation of Agendas, Sign -in Sheets and Meeting Minutes including action items. Task 1.2: Project Kickoff Meeting Key team members from the City and the Jones Edmunds team will attend the kickoff meeting including the project manager, the engineer of record and key design team members. Four staff will attend the meeting in-person, and the others will attend via teleconference or videoconference. Items to be discussed at the kickoff meeting include the key items of the PMP as discussed in Task 1.1. At least two weeks prior to the Kick-off Meeting, the design team will provide the City a list of anticipated data needs for discussion and review at the meeting. Meeting minutes and the PMP will be prepared and distributed within 7 calendar days following the meeting. Deliverables: Jones Edmunds will provide a list of anticipated data needs and meeting agenda two weeks before the kickoff meeting. Within seven days of the kickoff meeting, Jones Edmunds will prepare and transmit the minutes (including sign -in sheet and action items) from the kickoff meeting. Task 1.3: Review of Available Information & Data Gap Analysis Jones Edmunds will review available information from previous projects including flow projections, IPS and headworks design information, IPS specifications, past design upgrades (Salsnes Filters, Headworks Improvements, Anaerobic Digester Improvements, etc.) hydraulic profile, electrical and I&C condition, geotechnical reports, environmental reports, and past topographic and subsurface utility engineering (SUE) surveys. The purpose of this review is to identify missing information (past reports, data, record drawings, etc.) needed WORK ORDER INITIATION FORM 2 of 24 Revised: 11/29/2017 to develop the conceptual and definition phase designs. Jones Edmunds will prepare draft Technical Memorandum 1 -Data Gaps Analysis (TM 1) that will outline the additional information required, and cost estimates to obtain this data. The City will review the draft TM and provide comments to the document. Jones Edmunds will compile the comments using the City's summary of comments form and conduct a review meeting to address City comments. Jones Edmunds will provide meeting minutes, update the City's summary of comments (SOC) form, update the TM, and submit a final TM to the City. Deliverables: Jones Edmunds will prepare and submit draft TM 1, the City's SOC form, meeting agenda and minutes, and final TM 1— Data Gaps Analysis. Jones Edmunds will consolidate, organized, and indexed the data collected as a part of this task into a single PDF file (if format allows) and provide it to the City for their records via a portable drive or DVD. Task 1.4: Regulatory Impacts Jones Edmunds will review existing, new, and known pending regulations and summarize their potential impacts on the project. The review will focus on resiliency planning (sea level rise) and impacts to critical equipment and structures, water quality regulations, building codes, electrical codes, and fire codes. Jones Edmunds will prepare a draft TM 2 — Regulatory Impacts summarizing applicable codes and regulations and highlighting measures for compliance with sea level rise, current and anticipated future regulations, and other best practices and recommendations (e.g. ten states standards) that impact the MS WRF IPS and Headworks upgrade. The City will review the draft TM and provide comments to the document. Jones Edmunds will compile the comments using the City's SOC form and conduct a review meeting to address City comments. Jones Edmunds will provide meeting minutes, update the City's SOC form, update the TM, and submit a final TM to the City. Deliverables: Jones Edmunds will prepare and submit draft TM 2, the City's SOC form, meeting agenda and minutes, and final TM 2 — Regulatory Impacts. Task 1.5: Process Equipment Selection & Workshops Meeting(s) with Purchasing Department. Jones Edmunds will conduct up to two meetings with City purchasing (Purchasing) to address options for equipment pre -procurement and competition requirements. Prior to the meeting, Jones Edmunds will prepare a white paper (including example contract documents) to identify pre -procurement options used for Florida -based clients and past City of Clearwater projects. The goal of this task is to streamline design, minimize potential construction delays for long -lead equipment, and standardize on specialized equipment such as mechanical bar screens, grit removal technologies and odor control. Jones Edmunds and the City would also like to meet with Purchasing review and discuss the feasibility of providing conceptual plans and engineers opinion of probable construction costs to up to three major wastewater Contractors for constructability review and comment as outlined in Task 3.1—Conceptual Design Constructability Review. WORK ORDER INITIATION FORM 3 of 24 Revised: 11/29/2017 Process Equipment Selection. Jones Edmunds will compile a draft list of process equipment and manufacturers for the City to review and comment. The goal for Jones Edmunds and the City is to shortlist and evaluate up to three technologies for each the following equipment/unit treatment processes: • Coarse screens (to protect the influent pumps) • Fine screens (headworks) • Grit removal systems (headworks) • Screenings and grit washing, compaction and conveyance technologies • Equalization (EQ) tank for WW Influent. Discuss type, sizing criteria and associated mixing systems • Odor control systems • Electrical upgrade alternatives (including lighting protection for new structures - air terminals, bonding conductors, and ground electrodes). The technology evaluation will consider the technology preferences that the City may have in addition to the common technologies in the industry for such applications. Jones Edmunds, in collaboration with the City, will develop and draft the selection criteria that will be used for this evaluation. Jones Edmunds will also meet with City purchasing prior to this workshop meeting to address competition requirements for the shortlisted technologies which may contribute to the selection criteria. The criteria may include: • Efficiency. • Layout and required footprint. • Maintenance requirements. • Ease of operation and maintenance. • Effectiveness (i.e. performance at similar installations, customer surveys, etc.). • Present worth value of capital and operating costs using an interest rate of 4 percent over a 20 -year term. • Standardization of equipment, maintenance and spare parts with other City installed systems. • Availability of manufacturer's technical assistance, representatives, and spare parts (located in Florida vs. the United States vs. out of the country) • Other criteria agreed upon during the process equipment selection workshop. Site Visits. Jones Edmunds will arrange for up to four site visits with City staff and up to six conference call meetings to discuss similar equipment installations in use at similar local, regional, and national facilities, as discussed and confirmed with the City. It is assumed that equipment evaluations from national facilities would be limited to conference/video calls and email correspondence. Workshops. Jones Edmunds will participate in three workshops with the City to discuss the technologies and process equipment, determine selection criteria, and review technology rankings. Jones Edmunds will summarize the findings from the technology evaluations and WORK ORDER INITIATION FORM 4 of 24 Revised: 11/29/2017 workshop results into draft TM 3 — Process Equipment Selection. TM 3 will include a brief description of each alternative, layout and foot -print requirements, implementation plan, advantages and disadvantages, present value analysis, and rankings. TM 3 will also include responses from the customers surveys used in the selection criteria. The City will review the draft TM and provide comments to the document. Jones Edmunds will compile the comments using the City's SOC form and conduct a review meeting to address City comments. Jones Edmunds will provide meeting minutes, update the City's SOC form, update the TM, and submit a final TM to the City. Deliverables: Jones Edmunds to provide a white paper for City purchasing to review and comment on equipment procurement options. Jones Edmunds will provide a draft list of technologies and equipment manufacturers along with a draft list of selection criteria for City review and comments to aid in shortlisting and final selection. Jones Edmunds will prepare PowerPoint presentations, workshop materials, and minutes for each workshop. Information from the technology evaluation and workshops will be summarized into draft TM 3 — Process Equipment Selection. Jones Edmunds will prepare and submit draft TM 3, the City's SOC form, meeting agendas and minutes, and final TM 3. Pre -Design Key Assumptions: • Additional work tasks to obtain missing data may be authorized by the City based on the outcome of TM 1 and review with the City. Authorized additional works tasks will require approval of contingency funds included in the scope and fee. • Site visits for technology evaluation are assumed to be within a 3 -hour drive from the City of Clearwater. • Review meetings will be conducted approximately 4 weeks after the submission of each draft TM to the City (allowing 3 weeks for City review and 1 week for meeting preparation). • Files (including TMs, City's summary of comments form, meeting agenda, and minutes) will be submitted to the City in electronic format (Word or PDF). • Meeting minutes include a copy of the agenda, sign -in sheet, and action items. • Contingency Item - If elected, Jones Edmunds will collaborate with the suppliers of the pre -procured equipment to prepare the required pre -procurement bid package (design drawings and technical specifications) and Contract Assignment Forms. II. DESIGN PHASE — FIELD INVESTIGATIONS For this phase, Jones Edmunds will prepare and submit a Site Investigation Plan and Health and Safety Plan to be approved by the City Project Manager prior to mobilizing to the site to conduct field investigations. The Jones Edmunds team will conduct a series of field investigations required for conceptual and final design to evaluate the condition of the existing structures associated with this project, conduct pump drawdown and pressure tests for the IPS, and Subsurface Utility Evaluation (SUE) to locate buried infrastructure within the proposed areas of construction. WORK ORDER INITIATION FORM 5 of 24 Revised: 11/29/2017 Task 2.1: Topographic Survey Ferguson Land Surveyors, PLC (FLS), our surveyor subconsultant, will perform a topographic location survey of the proposed IPS and headworks sites that includes: • Location of subsurface utilities (sewer, drain pipe, process pipe, stormwater pipe, electrical ductbanks, fiber optic cable, etc.) within the proposed project area and include 811 locates outside the WRF fence line as applicable. • Appropriate vertical elevations/inverts of components required for the hydraulic analysis of the design such as influent sewer inverts, manholes, invert of primary influent line, discharge weirs at Salsnes Filter, first stage anoxic/aeration basins, final clarifiers and chlorine contact and reaeration channel weirs. • Locations and elevations of above -grade structures, stormwater structures, and pavement within the proposed project area as required. • Location of subsurface utility (Level A SUE) demarcations and photos (when applicable) to determine utility and underground piping and conduit at the WRF. • Location of groundwater monitoring wells (if installed) under Task 2.4. • Surveyed easement documentation for the final Duke Power Transformer Loop installation will also be provided. The surveyor will reference the Horizontal and Vertical datum 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. The surveyor will secure the approval of the City of Clearwater Engineering/Geographic Technology Division for any deviation from this datum. Deliverables: The survey will be used as the base map for design drawings. A separate deliverable for survey will not be provided. Task 2.2: Geotechnical Services To investigate subsurface conditions within the proposed Headworks and IPS, Driggers Engineering Services, Inc (DESI) will conduct a total of five (5) Standard Penetration Test (SPT) borings. Within the proposed footprint of the equalization tank up to three (3) SPT borings will be conducted. The borings will be conducted to a depth of 60 feet below land service and in general accordance with ASTM D-1586. Up to a total of eight (8) classification or hand auger borings will be conducted for the yard piping and junction boxes. These borings will be conducted to a depth of up to 10 feet below land surface. A limited laboratory investigation program will be conducted including Shelby tube sampling (as required), grainsize analyses and Atterberg Limits determinations, together with organic content tests. The results of the geotechnical investigation will be summarized in a report. Deliverables: The geotechnical report will be included as an appendix in TM 4 — Field Investigations. WORK ORDER INITIATION FORM 6 of 24 Revised: 11/29/2017 Task 2.3: Subsurface Utility Engineering (SUE) Jones Edmunds teaming partner, McKim & Creed, will conduct ASCE 38.02 Quality Levels "A" and "B" subsurface utility engineering (SUE) services for the project to assist in the locating buried infrastructure within the project area that is known to exist, but not readily located by traditional survey due to lack of surface features / structures. Level B utility designation using standard electromagnetic locating techniques and ground penetrating radar will be used to determine the approximate location of the existing underground pipe. Utilizing the results of the Level B investigation, McKim & Creed will conduct subsurface utility locates of potential crossings and conflicts with identified underground utilities using vacuum excavation (Level A). A total of up to forty (40) vertical and horizontal (VVH) locations have been budgeted for this task. Location of the test holes will be shown on the construction plans with a corresponding table showing the results of the test holes including test hole number, utility type, depth to top of pipe, pipe diameter, pipe material, and X -Y coordinates. Deliverables: Data collected from the SUE will be reflected on the design drawings. A separate deliverable for SUE will not be provided. Task 2.4: Environmental Testing and Site Characterization Jones Edmunds' environmental subconsultant HSW Engineering, Inc. (HSW) has six tasks under a Phase 1 they will conduct (as requested by City/Jones Edmunds) for characterization of the soils and groundwater in the proposed areas of construction and has modified their scope of work to include a lead and asbestos survey of the existing headworks building. The Phase 1 work tasks include the following: Task 1- Site Reconnaissance Visit and Data Review. HSW will coordinate with Jones Edmunds and City to visit the project site in support of developing an initial conceptual site model (CSM). In advance, HSW will review any available historical reports for the project that would assist in our development of the initial CSM. The CSM will be presented and the ensuing discussion will provide the basis of the Site Investigation Work Plan (Work Plan) for field investigation efforts. Task 2 - Work Plan. HSW will develop a work plan to address correspondence, communication, reporting, site access, site safety, other logistics and the site investigation work to be done for review and approval by the City. Included in this Work Plan will be details of the field investigation, including the rationale for soil boring locations and depths, monitoring well location and construction (if necessary), field procedures to be used, and laboratory analyses to be conducted, as well as a site-specific Health and Safety Plan covering all authorized field investigations. Task 3 —Soil and Groundwater Field Investigation. The scope of the field investigation may be adjusted following scoping meeting and approval of the detailed Work Plan based on comments from Jones Edmunds and City. To provide for a representative sample data set, HSW proposes to advance up to fifteen (15) soil borings throughout the area proposed for construction of the new facilities (Project Area). In addition to visual observation for WORK ORDER INITIATION FORM 7 of 24 Revised: 11/29/2017 debris/ash, the soil investigation will include the collection of samples for laboratory analyses. If ash is encountered, a sample of the ash will be collected for analysis. If solid debris is encountered, the soil immediately overlying the debris will be collected for analysis. HSW proposes to construct three groundwater monitoring wells (if necessary) to characterize the groundwater quality in the Project Area. With an assumed easterly direction of groundwater flow to Stevenson Creek, one monitoring well will be located on the assumed upgradient west side of the Project Area with two on the assumed downgradient east side for Project Area. For purposes of this proposal the parameters listed in Table 1 of 62-621.300(2) FAC will be analyzed in the groundwater samples as required for a generic NPDES permit to discharge groundwater for dewatering. Task 4 - Site Assessment Report. will be prepared that presents the findings of the proposed investigation including the methodology and results of the proposed soil investigation, groundwater samples, the refined conceptual site model, and recommendations to management environmental impacts during construction. Task 5 — Remedy Concept Meeting (As Needed). A meeting with the City and Jones Edmunds team will be conducted to discuss remedy alternatives if determined needed based upon the assessment findings and project objectives. Meeting minutes will be provided as a summary document. Task 6 — Lead & Asbestos Investigation Report. HSW will conduct a lead and asbestos survey of the existing headworks structure. HSW's certified lead-based paint (LBP) inspector/risk assessor will conduct a screening of painted surfaces using an X-ray Fluorescent (XRF) instrument to identify LBP. An asbestos survey of the headworks building will also be conducted by an EPA Certified Asbestos Investigator. Samples will be taken of suspect friable and non -friable materials such as pipe insulations, duct insulation, mechanical insulation, ceiling materials, floor material, roof materials, and other suspect construction materials. Bulk samples of suspect building materials taken during the survey will be analyzed using the US EPA recommended method of Polarized Light Microscopy. All samples will be analyzed by a laboratory that is accredited by the National Voluntary Laboratory Accreditation Program. HSW will prepare an LBP and asbestos survey report. The report will contain an executive summary, an introduction, a description of the building, a detailed description of the procedures used, a summary of findings on a room or area basis, general conclusions, and laboratory reports including content and location of each sample. Photographic documentation shall also be provided for each sample location. Phase 2 — Contingency Services (As Needed) If authorized by the City, contingency services for additional site investigation work, reporting, and remediation services can be conducted only if determined necessary or beneficial to the City and the project. Deliverables: The following work product deliverables will be prepared: WORK ORDER INITIATION FORM 8 of 24 Revised: 11/29/2017 A draft Site Work Plan, draft Site Assessment Report and draft Lead and Asbestos Survey Reports will be prepared in pdf format and submitted to the City and Jones Edmunds by email for their review and comment prior to moving onto subsequent steps or phases. Meeting minutes will also be prepared and distributed for each meeting conducted. Final Reports to be prepared include a Site Assessment Report and a Lead & Asbestos Investigation Report. These reports will remain separate from the overall project TMs. Task 2.5: Existing Headworks Historical Evaluation & Pump Performance Tests Jones Edmunds Team will review existing documentation on the design and construction for the headworks structure to determine if the existing headworks structure is a building of historical significance and the impacts on the ability to demolish the building as needed for this project. Jones Edmunds Team will review the pumping capacity and discharge pressures of each pump in the IPS by conducting pump performance tests. No headworks bypass will be required. We will conduct the tests to operate with one pump at a time over range of flows and use the existing wetwell continuous level monitoring system to monitor change in wetwell volume. Jones Edmunds Team will supply a strap on meter to measure and validate recorded flow. The City's staff will be responsible for operating pumps and assisting team to measuring flow and pressure from the IPS. Jones Edmunds will coordinate with the City to schedule the test (providing a minimum of 1 -week notice). The EOR and City engineering staff must be present to document findings during the drawdown test. The results of this pump test will be compared to the manufacturer's pump curves for the installed pumps and documented. Deliverables: Results and recommendations will be included in TM 4 — Field Investigations. Task 2.6: Investigate the Duke Energy Power Loop Jones Edmund teaming partner, McKim & Creed will coordinate with Duke Energy to investigate options to provide a medium voltage power loop with transformers for the IPS, Sludge Dewatering Building, Reclaimed Water High Service Pump Station, and Laboratory Building. This loop will allow for the bi-directional powering of these facilities in case of a fault. Surveyed easement documentation for the final loop installation will also be provided. This will formulate the agreement between Duke Energy and the City for access. McKim & Creed will use this investigation for the preliminary TM 4 report. After the City reviews the preliminary TM 4 report, Jones Edmunds will finalize the design of the Duke Energy ductbanks, MV switch and transformer locations. Deliverable: Legal description and sketch of the Duke Energy required easement for the City's use to obtain final legal easement. WORK ORDER INITIATION FORM 9 of 24 Revised: 11/29/2017 Task 2.7: Investigate Standby Power System Condition, Requirements, and Options Jones Edmund teaming partner, McKim & Creed will provide an analysis of the current standby power electrical needs for the proposed Influent Pump Station (IPS) and all ancillary equipment. This analysis will include the loads of the existing dewatering standby by generator and the impact of adding the IPS to this generator system. The analysis will be a partial analysis of the Marshall Street facility's standby power equipment, as the dewatering stand by system is segmented from other portions of the plant. Options for increasing the size of the existing generator or providing a new separate generator will be addressed. In addition, an option for load curtailment of the existing standby system, essentially limiting the loads that can be run on the existing generator, will also be addressed. Deliverables: Results and recommendations will be included in TM 4 — Field Investigations. Task 2.8: Field Investigation TM 4 and Review Meeting Following the field work, Jones Edmunds will summarize the findings of the field work tasks in TM 4 - Field Investigations for submission to the City for review and comment. Subconsultants' reports will be attached to the appendix of TM 4 — Field Investigations. Jones Edmunds will document comments and responses in the City's SOC form. Jones Edmunds will then conduct a review meeting to review the comments and determine action items. Jones Edmunds will provide meeting minutes, update the City's SOC form, update the TM, and submit the final TM to the City. Deliverables: Jones Edmunds will submit a Site Investigation Plan and Health and Safety Plan for review by the City's PM prior to conducting the field investigations. Jones Edmunds will prepare and submit draft TM 4, the City's SOC form, meeting agenda and minutes, and final TM 4. Design Phase Key Assumptions: • Jones Edmunds will provide a minimum of 48 hours' notice to the City's Project Manager and Site Liaison prior to conducting fieldwork or site visits. • Jones Edmunds will provide a minimum of seven days' notice to the City's Project Manager for visits requiring the assistance of City operations and maintenance personnel. • Data collected from the survey and SUE will be reflected on the design drawings. Separate deliverables for survey and SUE will not be provided. • Review meetings will be conducted approximately 4 weeks after the submission of the draft TM to the City, and Jones Edmunds will schedule meetings promptly to maintain project schedule. • The assessment of the existing headworks building will use the past TM prepared by McKim & Creed dated March 3, 2017 entitled "Marshall Street Influent Pump Station Evaluation" and based on general visual observation of structural conditions and a general layout of the proposed new equipment. No additional testing or inspection for lead and asbestos was included in the previous reports. WORK ORDER INITIATION FORM 10 of 24 Revised: 11/29/2017 • It is understood that the City will divert plant effluent (reclaimed water) as determined necessary to the lift station wet well to aid in executing the drawdown test. • The survey and SUE tasks include coordination with the City's GIS department. • Review meetings will be conducted approximately 4 weeks after the submission of each draft TM to the City (allowing 3 weeks for City review and 1 week for meeting preparation). • Files (including TMs, City's summary of comments form, meeting agenda, and minutes) will be submitted to the City in electronic format (Word or PDF). • Meeting minutes include a copy of the agenda, sign -in sheet, and action items. III. FINAL DESIGN PHASE Task 3.1: Conceptual Design and Constructability Review A key aspect of this project will be siting of the new unit processes and equipment while maintaining uninterrupted operation of the existing WRF. The WRF site is constrained, and as result in the early phases of the project, Jones Edmunds will leverage the information from the field investigation studies in Task 2 and recommend, in collaboration with the City, a siting option considering: • Nearby contaminated soils. • Conflicts with existing unit treatment processes and/or infrastructure assets. • Results of IPS drawdown tests and pump performance. • Location and depth of incoming wastewater collection interceptors. • Assessment of existing headworks structure. • Constructability — proximity to tanks and structures, depth to groundwater, and required sheeting and groundwater dewatering operations. • Continuity of plant operations during construction. • Electrical, Instrumentation, Controls, and Backup Power Requirements. • Recommendations from resiliency requirements. • Construction cost opinions. This siting and layout effort will establish the location for the new Junction Manhole (MH) IPS, Headworks, EQ Basin, Odor Control Systems and key yard piping and electrical duct banks. Jones Edmunds will provide the City with site layout plans and process flow diagrams (PFDs) outlining how the construction and demolition will proceed for each phase of construction. The general equipment type, and unit treatment process layout shall be addressed in the conceptual design. The maintenance of plant operation (MOPO) plan specification will be drafted to outline the construction sequence, bypass plans, and requirements to maintain flow, treatment capacity and FDEP Operating Permit Requirements. Jones Edmunds will also provide a preliminary engineer's opinion of probable cost (EOPC). WORK ORDER INITIATION FORM 11 of 24 Revised: 11/29/2017 Jones Edmunds will submit a draft of the TM 5 — Conceptual Design and Constructability for review and approval by the City. The City will review the TM and provide comments to the document. Jones Edmunds will compile the comments using the City's SOC form and conduct a review meeting to address City comments. Jones Edmunds will provide meeting minutes, update the City's SOC form, update the TM, and submit a final TM to the City. Deliverables: Jones Edmunds will prepare and submit draft TM 5 —Conceptual Design and Constructability, the City's SOC form, meeting agenda and minutes, and final TM 5. Task 3.2: Definition Phase Design (30%) Following the City's review and approval of the Conceptual Design and Constructability (TM 5), Jones Edmunds will develop TM 6 - Preliminary Engineering Report (PER) that will define the final design criteria. Jones Edmunds will use the recommendations from the conceptual design phase and siting selection to conduct the following subtasks: • Update the historical influent flows with data from 2016, 2017 and 2018 based on recent data/DMRs to determine the following: average annual daily flow (AADF); maximum average daily flow (MADF); Peak Hour Flow (PHF); and Maximum Daily Flow (MDF) during that period to document wet weather events and average daily diurnal patterns for sizing of the new facilities. • Jones Edmunds will evaluate future flow conditions by coordinating with the City and the engineering firm developing the City's Wastewater Collection System Master Plan to obtain future flow projections. Jones Edmunds will schedule and attend a meeting with the City and engineering firm to obtain this information. • Update plant hydraulic profile based on revised MDF and PHF determined and agreed upon with City. • Develop the design criteria and basis of design for pump station, peak flow equalization, piping, screens, grit removal system, odor control system, and ancillary equipment. • Develop the design criteria and basis of design for auxiliary power systems and associated electrical components. • Develop flow splitting, equipment isolation, and bypass/tie-in strategies. • Provide a process control narrative of proposed design. • Update EOPC. Jones Edmunds will prepare and submit the PER for the City's review. The PER submission will include a brief description of the recommended siting option, layout, advantages and disadvantages, and proposed construction sequence plan. Jones Edmunds will prepare and submit preliminary design drawings, equivalent to approximately 30% complete that include the site plans, general equipment arrangement, hydraulic profile, piping and instrumentation diagrams (P&IDs), and a list of Technical Specifications anticipated to be needed for the project. WORK ORDER INITIATION FORM 12 of 24 Revised: 11/29/2017 The City will review the 30% design documents and provide comments to the documents. Jones Edmunds will compile the comments using the City's SOC form and conduct a review meeting to address the City's comments. Jones Edmunds will provide meeting minutes, update the City's SOC form, and incorporate the comments into the final TM 6 — PER. Comments related to the drawings with be incorporated into the 60% design drawings. Deliverables: Jones Edmunds will prepare and submit a draft TM 6 -PER, the 30% design documents (drawings, technical specifications list, and EOPC), the City's SOC form, meeting agendas and minutes, and the final TM 6. Task 3.3: 60% Design Phase Jones Edmunds will prepare and submit the 60% design submittal incorporating the City's comments agreed upon during the definition phase design review meeting. The 60% design submittal includes drawings, site plans, piping and instrumentation diagrams (P&IDs) for each phase of the project's construction, supplemental technical specifications, and updated EOPC. The supplemental technical specifications (City Contract Specifications - Section IVa) will be project -specific and developed using Jones Edmunds' standard 16 -division CSI format. The City will review the 60% design documents and provide comments to the documents. Jones Edmunds will compile the comments using the City's SOC form and conduct a review meeting to address the City's comments. Jones Edmunds will provide meeting minutes, update the City's SOC form, and incorporate the comments into the 90% design documents. Deliverables: Jones Edmunds will prepare and submit the 60% design documents (drawings, technical specifications, and EOPC), the City's SOC form, meeting agenda and minutes. Task 3.4: 90% Design Phase Jones Edmunds will prepare and submit the 90% design submittal to the City for review and comment. The 90% design submittal will include drawings, the City's contract specifications (Sections !through V), supplemental technical specifications (Section IVa), and an updated EOPC. The supplemental technical specifications (Section IVa) will be project -specific and developed using Jones Edmunds' standard 16 -division CSI format. The City will review the 90% design documents and provide comments to the documents. Jones Edmunds will compile the comments using the City's SOC form and conduct a review meeting to address the City's comments. Jones Edmunds will provide meeting minutes, update the City's SOC form, and incorporate the comments into the 100% design documents. Deliverables: Jones Edmunds will prepare and submit the 90% design documents (drawings, specifications (City Sections I-V), and EOPC), the City's SOC form, meeting agenda and minutes. WORK ORDER INITIATION FORM 13 of 24 Revised: 11/29/2017 Task 3.5: 100% Design Phase and Bid Set Jones Edmunds will prepare and submit the 100% design submittal incorporating the City's comments agreed upon during the 90% design review meeting. The 100% design submittal will include drawings, the City's standard construction documents (Sections I through V), supplemental technical specifications (i.e. City Section IVa), and an updated EOPC. The 100% design construction drawings will include separate plan sets for each trade including but not limited to PFDs, P&IDs, Civil, Architectural (if applicable), Structural, Mechanical, Plumbing (if applicable), Electrical and Instrumentation. A Final Engineer's Opinion of Probable Construction Cost will also be submitted. The City will review the 100% design documents and provide comments to the documents. Jones Edmunds will compile the comments using the City's SOC form and conduct a review meeting to address the City's comments. Jones Edmunds will provide meeting minutes, update the City's SOC form, and incorporate the comments into the Construction Contract Bid Documents. The Construction Contract Bid Documents will be signed and sealed by a Professional Engineer(s) licensed in the State of Florida and submitted electronically to the City for advertisement. Deliverables: Jones Edmunds will prepare and submit the 100% design documents (drawings, specifications (City Sections I-V), and EOPC), the City's SOC form, meeting agenda and minutes. Jones Edmunds will also prepare and submit the signed and sealed Construction Contract Bid Documents. Task 3.6: Coordination and Arc Flash Study Jones Edmunds teaming partner, McKim & Creed, will perform a Coordination and Arc Flash Study to ascertain the fault level and incident energy for the IPS and Headworks electrical distribution system. This report will outline the areas and personal protection equipment (PPE) required to perform work on energized systems. Effort will be made to minimize the arc flash levels and PPE required. Arc Flash reduction will be implemented into the design. The report generated from the study will provide tables of fault, incident energy and breaker settings. A one -line diagram will be included in the report outlining connections and equipment. Deliverables: Three (3) signed and sealed printed copies of the Coordination and Arc Flash Study Report will be submitted along with one electronic copy in (*.pdf) format, as well as the electronic SKM files for future use on the electronic media of the City's choice. In addition, Arc Flash labeling will be provided on equipment per the recommendations of the study. Task 3.7: Equalization Tank Design An allowance for the design of the EQ Tank has been included for City's approval. If Jones Edmunds and the City determine a new influent equalization tank is required during the WORK ORDER INITIATION FORM 14 of 24 Revised: 11/29/2017 conceptual and 30% design phases then Jones Edmunds will include specifications and drawings for the design of the EQ Tank in the subsequent final design submittals. Deliverables: The drawings and specifications will be incorporated into the final design submittals (60%, 90%, 100%, and Bid set) as previously described under Task III. Final Design Key Assumptions • All electrical designs and construction will adhere to NFPA 820 "Standard for Fire Protection in Wastewater and Collection Systems" and 70 E "Standard for Electrical Safety in the Workplace". • Review meetings will be conducted approximately 4 weeks after the submission of each draft TM to the City (allowing 3 weeks for City review and 1 week for meeting preparation). • City will provide existing Arc Flash model (SKM files) and data for McKim & Creed to update (where applicable). • Files (including TMs, City's summary of comments form, meeting agenda, and minutes) will be submitted to the City in electronic format (Word or PDF). • Meeting minutes include a copy of the agenda, sign -in sheet, and action items. • Final design submittals (30%, 60%, 90%, 100%, and Bid set) include five hardcopies of the Design drawings produced in half-size (11" x 17") sheets and one copy of the Design drawings produced in full-size (24" x 36") sheets at a scale of 1" = 20'. • The construction specifications will include the City's contract specifications (Sections I through V) and the consultant -developed, project -specific Supplemental Technical Specifications (Section IVa). Supplemental technical specifications will be developed using Jones Edmunds' standard 16 -division CSI format. • Construction specifications will be provided electronically for each submittal. IV. PERMITTING SERVICES Task 4.1: FDEP Permitting Assistance Jones Edmunds will assess, with consultation with Florida Department of Environmental Protection (FDEP), the impacts of the proposed upgrades on the current operating permit. If a modification to current permit is required, Jones Edmunds will submit one copy of the draft permit application package, in (*.pdf) format, to the City for their review. Jones Edmunds is expecting the City to review and comment on draft permit application within 14 calendar days. Once comment(s), if any, on the draft permit application packages are received, Jones Edmunds will address those comment(s) and submit a final permit application package to FDEP electronically within 7 calendar days of receiving City's comments. Jones Edmunds will pay permit application fees and invoice the City for those fees as a reimbursable. WORK ORDER INITIATION FORM 15 of 24 Revised: 11/29/2017 Jones Edmunds will provide the following FDEP permitting assistance related to the WRF: • Attend one pre -application meeting with the FDEP and the City. • Prepare the required FDEP wastewater permit application forms after the 60% design activities are completed: o 62-620.910(1), Wastewater Facility or Activity Permit Application — General Information — Form 1. o 62-620-910(2), Wastewater Permit Application Form 2A for Domestic Wastewater Facilities and associated permit application package, including calculations, exhibits, maps, and the drawings and specifications. • Respond to up to two Requests for Additional Information (RAI) from FDEP. Jones Edmunds will also provide the following FDEP permitting assistance related to the environmental resource permit (ERP): • Conduct an evaluation on the stormwater system including review of the existing ERP and a comparison of pre -improvement impervious areas to the post - improvement areas to determine if there is an increase or no increase in impervious area. • Attend an ERP determination meeting with FDEP to confirm the existing stormwater system is sufficient to accommodate proposed improvements. • Prepare a notification letter to FDEP. Deliverables: Jones Edmunds will prepare the FDEP meeting agendas and minutes. Jones Edmunds will prepare and submit the draft permit application package for City review. Jones Edmunds will submit two hard copies and one electronic copy of the fully executed permit application package to the City. Task 4.2: City Building Permits Jones Edmunds will prepare and submit the building permit application along with eight sets of 90% design drawings produced in full-size (24" x 36") sheets at a scale of 1" = 20' to the City PM for submission to Building Department for review and comment. Jones Edmunds will pay permit application fees and invoice the City for those fees as a reimbursable. Jones Edmunds will also prepare a building permit plan amendment and provide eight sets of conformed drawings produced in full-size (24" x 36") sheets at a scale of 1" = 20' to the City for the building department's records. The General Contractor will be responsible for submitting a final Permit Application and associated Fee to the Building Department before Construction to obtain a permit. Deliverables: Jones Edmunds will prepare and submit the building permit application and eight sets of 90% drawings to the City. Jones Edmunds will also prepare the building permit amendment and eight sets of conformed drawings to the City. WORK ORDER INITIATION FORM 16 of 24 Revised: 11/29/2017 Permitting Services Key Assumptions • The permit fee for the FDEP Wastewater Permit Application is included in the fee. All other permit fees are the responsibility of others. • The General Contractor will be responsible for obtaining the Building Permit. • All required permits not specifically listed above are the responsibility of others. • It is assumed the site has an existing Environmental Resource Permit and modification to the permit is not required as a part of this project. • Contingency Item - If it is determined that an ERP is required, JE will conduct stormwater modeling for pre- and post -improvements to determine the necessary modifications to the stormwater system. JE will design the modifications to provide a sufficient system to accommodate the proposed improvements. JE will also prepare and submit an ERP permit and respond up to two RAIs from the FDEP. V. BID PHASE SERVICES Task 5.1: Bid Phase Assistance Jones Edmunds will attend one pre-bid meeting and prepare pre-bid meeting minutes and submit them to the City for distribution. During the bidding period, Jones Edmunds will respond to requests for information (RFIs) from bidders and issue up to three addenda, if necessary. The last addendum, if required, will be issued 7 calendar days before bid opening. After bid opening, Jones Edmunds will tabulate and evaluate bids, check references, contact bidders to confirm bid/and or note any issues and provide recommendation to the City for award to the lowest responsive bidder. Jones Edmunds will prepare and submit one hardcopy of the Conformed Set of Construction Documents (drawings and specifications) to the City under this task. Jones Edmunds will compile and organize the project documents developed under Tasks 1 through 5 of this document into a single digital folder and provide it to the City as the Project Dossier for their records via a portable drive or DVD. Deliverables: Jones Edmunds will prepare and submit pre-bid meeting minutes, up to 3 addenda (if necessary), award recommendation, one Conformed Set of Construction Documents, and the Project Dossier. VI. OTHER SERVICES Task 6.1: Public Outreach Jones Edmunds will coordinate City Public Communications Department and assist to prepare a Public Involvement Plan for this project to educate the public, listen to their concerns, keep them informed on the status of the project, and address their concerns. The plan will include organizing of public outreach meetings and preparing informational material. WORK ORDER INITIATION FORM 17 of 24 Revised: 11/29/2017 Deliverables: Jones Edmunds under a determined Allowance amount may provide services that include: • Prepare Public Involvement Plan. • Prepare for and attend up to 2 public meetings. • Prepare and submit up to 2 written articles to be used for placement in local newspapers. • Prepare and submit monthly project status information to the County PIO to use on the City website. Public Outreach Key Assumptions • The Allowance will be used to pay for agreed upon tasks following authorization from the City PM and Public Communication Department. • The City will be responsible for coordinating meeting space and providing all advertisement and notification for public meetings. The City will be responsible for paying any fees associated with meeting space. • The City will be responsible for paying all fees associated with newspaper articles. Task 6.2: Quality Control Review Quality Control (QC) occurs throughout project execution, including periodic meetings with the QC team to review the approach and progress and before any deliverable are submitted to the City. Our work product reviews involve a three level QC process — Level 1, Level 2, and Level 3. Level 1 and 2 review fees are incorporated into the tasks above. This task includes senior reviews for the tasks mentioned previously. Level 3 reviews are performed by the senior reviewers assigned to the project or a task of the project, after Levels 1 and 2 are completed and corrections are incorporated. The senior reviewers focus on the project concept, arrangement of major project components, potential risk elements, critical success factors, funding elements, regulatory issues, and any other areas deemed appropriate for review to meet the City's quality expectations. Deliverables: Level 3 QC reviews are incorporated into each submittal listed previously. 3. PROJECT GOAL: The goal of this work is to design a replacement Influent Pump Station (IPS) and Headworks for the Marshall Street WRF in Clearwater, Florida. The conceptual, definition, and final design will incorporate constructability in a phased approach such that the operational requirements of the WRF are not interrupted during construction. In addition, the design will provide for operations and maintenance improvements and the installation coordination for Duke Energy to upgrade the transformer loop between the new IPS, Reclaimed Water, and Laboratory transformers. The design will also include measures for compliance with foreseeable future regulations, thus providing an improved facility that is efficient and economically feasible. WORK ORDER INITIATION FORM 18 of 24 Revised: 11/29/2017 4. BUDGET: This price includes all labor and expenses anticipated to be incurred by Jones Edmunds for the completion of these tasks in accordance with Professional Services Method "A" —Cost Times Multiplier Basis for a fee not to exceed Two Million and Ninety Thousand Two Hundred and Twenty Eight Dollars ($2,090,228 The permit application fee for the FDEP Wastewater permit will be paid by Jones Edmunds and invoiced to the City as a reimbursable. All other permit fees are the responsibility of others and are not included in this fee estimate. 5. SCHEDULE: The project is to be completed 600 days from issuance of notice -to -proceed. The project deliverables are to be phased and completed from notice -to -proceed as follows: Task 1.0: Pre -design Phase Task 2.0: Design Phase - Field Investigations Task 3.1: Conceptual Design and Constructability Task 3.2: Definition Phase Design (30%) Task 3.3: 60% Design Documents and Permit Applications Task 3.4: 90% and 100% Design Documents Task 5.0: Bid Phase Services 6. STAFF ASSIGNMENT (Consultant): The firm's key staff assignments to this project include: Tom Friedrich, PE, BCEE Doug Young, PE David Yonge, PhD, PE Hatim Fadlalla, PhD, PE Anthony Holmes, PE Kris Samples, PE, PACP Sean Menard Aubrey Haudricourt, PE Michael Tweedel, PE John Sobczak, PE Brian Icerman, PE Mitch Chiavaroli, PE Jeff Crowley, PE, CCM, PMP, LEED AP Gregg Fruecht WORK ORDER INITIATION FORM Project Principal/Manager Senior Project Engineer Project Engineer Senior Process Engineer Senior Project Engineer Project Engineer Engineer Intern Lead Electrical I&C / SCADA Lead Structural Engineer QA/QC QA/QC Construction Administrator Construction Manager 175 calendar days 200 calendar days 200 calendar days 310 calendar days 410 calendar days 500 calendar days 600 calendar days Jones Edmunds & Associates Jones Edmunds & Associates Jones Edmunds & Associates Jones Edmunds & Associates Jones Edmunds & Associates McKim and Creed Jones Edmunds & Associates McKim and Creed McKim and Creed Wekiva Jones Edmunds & Associates McKim and Creed Jones Edmunds & Associates Jones Edmunds & Associates 19 of 24 Revised: 11/29/2017 The City's staff assignments to this project include: Jeff Walker, PE Richard Gardner, PE Jeremy Brown, PE Jason Jennings Michael Flanigan Michael Gilliam Kervin St. Aimie Ryan Alexander Project Manager Site Liaison Site Representative Professional Engineer PU Assistant Director Utilities Engineering Manager PU Wastewater Manager PU Coordinator PU Maintenance Manager PU Coordinator MS Lead Operator 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant's project correspondence shall be directed to: to Tom Friedrich, PE, BCEE, with copies to David T. Yonge, PhD, PE. All City project correspondence shall be directed to: Jeff Walker, PE, with copies to the Utilities Engineering Manager, Public Utilities Assistance Director, and others specified as appropriate by the City. Jones Edmunds shall provide a minimum of forty-eight (48) hours' notice prior to conducting fieldwork/site visits. Jones Edmunds shall provide a minimum of seven (7) days notification for site visits requiring the assistance of City Operations and Maintenance personnel. ENGINEER acknowledges that all City directives shall be provided by the City Project Manager. In addition to the original copies delivered as stated in the scope of work, all project deliverables will be submitted in electronic format on CD or other City approved device prior to approval of final invoice. 8. INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Engineering Department Attn. Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758-4748. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 3217321-561300-96213 9. INVOICING PROCEEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. B. C. D. E. City Project Name and Number (18 -0026 -UT) Purchase Order, Invoice Number and Contract Amount. The time period (begin and end date) covered by the invoice. A short narrative summary of activities completed in the time period Contract billing method — Lump Sum or Cost Times Multiplier WORK ORDER INITIATION FORM 20 of 24 Revised: 11/29/2017 F. If Lump Sum, the percent completion, amount due, previous amount earned, and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). G. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). H. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. SPECIAL CONSIDERATIONS: The Consultant is required to comply with Section 119.0701, Florida Statutes (where applicable). PREPARED BY: APPROVED BY: Stanle IFeri'eIra, Jr., PE Tara Kivett, PE President and CEO City Engineer Jones Edmunds & Associates City of Clearwater (01(3512-0(9 Date Date WORK ORDER INITIATION FORM 21 of 24 Revised: 11/29/2017 Attachment "A" CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM CITY DELIVERABLES 1. 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. 2. 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, CTB file or pen schedule for. plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. 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@myClearwater.com. All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. WORK ORDER INITIATION FORM 22 of 24 Revised: 11/29/2017 Attachment "B" MARSHALL STREET WRF INFLUENT PUMP STATION AND HEADWORKS REPLACEMENT DESIGN SERVICES CITY PROJECT #18 -0026 -UT Jones Edmunds & Associates, Inc. WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Services Labor Total 1 Pre- Design 1.1 Project Management $41,918 $79,811 $121,729 1.2 Project Kick-off Meeting $2,082 $4,611 $6,693 1.3 Review of Available Info & Data Gap Analysis $13,535 $28,838 $42,373 1.4 Regulatory Impacts $6,900 $17,037 $23,937 1.5 Process Equipment Selection and Workshop $34,051 $113,824 $147,875 Subtotals $98,486 $244,121 $342,607 2 Design Phase - Field Investigations 2.1 Topographic Survey $22,725 $5,376 $28,101 2.2 Geotechnical Services $18,757 $6,234 $24,991 2.3 Subsurface Utility Engineering $23,377 $8,627 $32,004 2.4 Environmental Testing and Site Char. $44,304 $8,269 $52,573 2.5 Existing Headwork Eval & Pump Drawdown $20,008 $7,322 $27,330 2.6 Investigate Duke Power Loop $17,080 $2,150 $19,230 2.7 Investigate Standby Power System $8,680 $2,150 $10,830 2.8 Field Investigation TM & Review Meeting $10,070 $16,922 $26,992 Subtotals $165,001 $57,050 $222,051 3 Final Design Phase WORK ORDER INITIATION FORM 23 of 24 Revised: 11/29/2017 Attachment "B" 3.1 Conceptual Design & Constructability Review $34,576 $50,950 $85,526 3.2 Definition Phase Design $78,966 $153,379 $232,345 3.3 60% Design Phase $145,858 $187,002 $332,860 3.4 90% Design Phase $97,028 $135,603 $232,631 3.5 100% Design Phase $67,754 $72,797 $140,551 3.6 Coordination Arc -flash Study $19,637 $2,579 $22,216 3.7 Allowance for Equalization Tank Design $15,000 $15,000 $30,000 Subtotals $458,819 $617,310 $1,076,129 4 Permitting Services 4.1 FDEP Permitting Assistance $1,552 $20,035 $21,587 4.2 City Building Permits $5,151 $2,752 $7,903 Subtotals $6,703 $22,787 $29,490 5 Bid Phase Services 5.1 Bid Phase Assistance $14,616 $19,933 $34,549 $34,549 6 Other Services 6.1 Public Outreach - Allowance $0 $25,000 $25,000 6.2 Quality Control Reviews $10,692 $36,678 $47,370 Subtotals $10,692 $61,678 $72,370 Subtotal, Labor and Subcontractors $1,777,196 Permit Review Fees $6,000 Other Direct Costs (prints, photocopies, postage, etc.) $40,032 Contingency (15%) $267,000 Grand Total $2,090,228 WORK ORDER INITIATION FORM 24 of 24 Revised: 11/29/2017 EXHIBIT C CONSULTANT'S HOURLY RATES EXHIBIT C City of Clearwater Marshall Street WRF Influent Pump Station and Headworks Replacement City Project #18 -0026 -UT Jones Edmunds & Associates, Inc. Job Classification Burdened Hourly Rate Senior Vice President $300 Vice President/Officer-in-Charge $285 Senior Project Manager/Group Manager $235 Project Manager/Associate Principal $180 Senior Engineer/Senior Scientist $225 Engineer/Scientist III-IV $180 Engineer/Scientist I-II $135 Engineer Intern $110 Construction Engineer $180 Construction Administrator/Manager $165 Senior Inspector $120 Inspector $100 Senior Designer $125 Drafter/CADD Operator $110 Operations Specialist $150 Field Technician $110 Fiscal/Accounting $110 Administrative/Clerical $100 Multiplier = 3.2 EXHIBIT D INSURANCE REQUIREMENTS AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF CLEARWATER AND JONES EDMUNDS & ASSOCIATES, INC. RFQ #07-19 MARSHALL STREET WATER RECLAMATION FACILITY INFLUENT PUMP STATION AND HEADWORKS DESIGN SERVICES EXHIBIT D INSURANCE REQUIREMENTS. The CONSULTANT shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A -VII or better. In addition, the City has the right to review the CONSULTANT'S deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the CONSULTANT must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims -made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non -owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers' Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer's Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen's and Harbor Worker's Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the CONSULTANT is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then CONSULTANT'S Equipment Insurance or Property Insurance on an "All Risks" basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the CONSULTANT with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims 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 a 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. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy's renewal date(s) for as long as this Agreement remains in effect, the CONSULTANT will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an "Additional Insured." In addition, when requested in writing from the City, CONSULTANT will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Purchasing, RFQ #36-18 P.O. Box 4748 Clearwater, FL 33758-4748 b. CONSULTANT shall provide thirty (30) days written notice of any cancellation, non -renewal, termination, material change or reduction in coverage. c. CONSULTANT'S insurance as outlined above shall be primary and non-contributory coverage for CONSULTANT'S negligence. d. CONSULTANT reserves the right to appoint legal counsel to provide for the CONSULTANT'S defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to CONSULTANT'S design, equipment, or service. CONSULTANT agrees that the City shall not be liable to reimburse CONSULTANT for any legal fees or costs as a result of CONSULTANT providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of CONSULTANT'S obligation to provide the insurance coverage specified. 14coR1® CERTIFICATE OF LIABILITY INSURANCE kiii....----- DATE(MMIDD/YYYY) 7/9/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER McLaughlin Brunson A Risk Strategies Company 12801 N CENTRAL EXPY, STE 1710 Dallas, TX 75243 CONTACT Brian R Hadar PHONE FAX (A/c. No. Ext): (214) 503-1212 (A/c, No): (214) 503-8899 ADDRESS: certificate@mclaughlinbrunson.com LIMITS INSURER(S) AFFORDING COVERAGE NAIC 1i INSURERA: Phoenix Insurance Company 25623 INSURED Jones Edmunds & Associates, Inc,. 730 N.E. Waldo Road Gainesville FL 32651 INSURER B : Travelers Indemnity Co of America 25666 INSURER C: Travelers Indemnity Company 25658 INSURERD: XL Specialty Insurance Company 37885 INSURER E : CLAIMS -MADE INSURER F : OCCUR COVERAGES CERTIFICATE NUMBER: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A / COMMERCIAL GENERAL LIABILITY ✓ ✓ 680008N190672 6/30/2019 6/30/2020 EACH OCCURRENCE $1000,000 CLAIMS -MADE .,/ OCCUR DAMAGE TO ' ENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $ 1,000,000 GE - 'L AGGREGATE POLICY OTHER: ✓ LIMIT APPLIES PER: jECT1 LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $2,000,000 $ B AUTOMOBILE ✓ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY ✓ SCHEDULED AUTOS) NON -OWNED AUTOS ONLY ✓ ✓ BA1958L731 6/30/2019 6/30/2020 COMaBIINdEeDISINGLE LIMIT (Ea✓ $ 1,000,000 BODILY INJURY (Per person) $ BODILYINJURY(Peraccident $ PROPERTY DAMAGE (Per accident) $ $ C / UMBRELLA LIAR EXCESS LIAB .,/ OCCUR CLAIMS -MADE ✓ / CUP008N201316 6/30/2019 6/30/2020 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED ✓ RETENTION $10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORJPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N/A ✓ UB008N190948 6/30/2019 6/30/2020 �/ STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1.000 000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional Liability / DPR9944907 6/30/2019 6/30/2020 Per Claim $5,000,000 Annual Aggregate $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RFQ 07-19, Marshall Street Water Reclamation Facility. The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible. Thirty (30) day notice of cancellation in favor of the certificate holder on all policies. CERTIFICATE HOLDER CANCELLATION City of Clearwater Engineering Department PO Box 4748 Clearwater FL 33758 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Brian Hadar f'4tx4, 1--- -0:642A ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD