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2000-09 . . AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is entered into on the ~ day of ).\.- ~ ( ,I / . \ - Clermont, hereinafter called "CLIENT," , 2000, by and between City of and BOYLE ENGINEERING CORPORATION, a California corporation, hereinafter called "BOYLE," as follows: CLIENT engages BOYLE to perform professional services for a project known and described as East Side Wastewater Treatment Facility Expansion, hereinafter called the "PROJECT." CLIENT and BOYLE, for mutual consideration, agree as follows: 1. Scope of Services. BOYLE agrees to provide and perform certain professional services for CLIENT in connection with the PROJECT as set forth in Exhibit "A" attached hereto and incorporated by this reference. 2. Schedule. BOYLE shall perform its services in accordance with the schedule set forth in Exhibit "A". CLIENT agrees that BOYLE shall not be responsible for delays which are due to causes beyond BOYLE'S reasonable control. In the case of any such delay, the time for completion of BOYLE'S services hereunder shall be extended accordingly. 3. Compensation, a. Fees, CLIENT agrees to pay BOYLE a lump sum fee of$ 480,000. Fees and all other charges will be billed monthly as the work progresses based upon the portion of work actually completed by BOYLE during the month, and the net amount shall be due at the time of billing. Should CLIENT dispute in good faith any portion of an invoice, CLIENT shall pay the undisputed portion as provided herein. Interest of 1.0% per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts wrongfully withheld or not paid within thirty days of the billing date, payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. b. Project Delav, In the event that BOYLE'S services hereunder are delayed for a period in excess of six months due to causes beyond BOYLE'S reasonable control, BOYLE'S compensation shall be subject to renegotiation. c. Partial Services, In the event any portion of the work prepared or partially prepared by BOYLE is suspended~ abandoned, or tenninated, CLIENT shall pay BOYLE for the work performed on such portion on an hourly basis, not to exceed any maximum contract amount specified herein. 4. Standard of Care, In the performance of its professional services, BOYLE will use that degree of care and skill ordinarily exercised under similar conditions in similar localities and no other warranties, express or implied, are made or intended in any of BOYLE'S proposals, contracts or reports. BOYLE shall be entitled to rely upon the accuracy of data and information provided by CLIENT or others without independent review or evaluation unless provided otherwise in the Task Order. BOYLE shall perform its services in connection with applicable laws, rules, regulations and standards that are in effect as of the date of this agreement. If any changes occur in such laws, rules, regulations or standards that materially affect the scope of work or schedule of this agreement, BOYLE'S compensation shall be renegotiated accordingly. 5. Construction Safety and Methods. CLIENT agrees that in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the PROJECT, including safety of all persons and property, and that this requirement shall be made to apply continuously and not be limited to normal working hours. BOYLE shall not - have control over or charge of, and shall not be responsible for, construction means, methods, techniques, sequences clermontagree .doc 1of4 April 11,2000 . . or procedures, as these are solely the responsibility of the construction contractor. BOYLE shall not have the authority to stop or reject the work ofthe construction contractor. 6. Opinion of Construction Cost. Any Opinion of the Construction Cost prepared by BOYLE represents its judgment as a design professional and is supplied for the general guidance of CLIENT. Since BOYLE has no control over the cost of labor and material, or over competitive bidding or market conditions, BOYLE does not guarantee the accuracy of such opinions.as compared to contractor bids or actual cost to CLIENT. 7. Insurance Requirements. BOYLE shall maintain the following minimum limits and conditions of insurance for the duration of the PROJECT: a. Professional Liabilitv. Professional Liability insurance in a combined single limit not less than $1,000,000 per claim and aggregate including contractual liability coverage and prior acts coverage coincident with or preceding the start date of the PROÆCT. b. Workers' Compensation, Workers' Compensation in the statutory limits required by law, and Employer's Liability in a limit not less than $1,000,000 for each accident, $1,000,000 by disease (policy limit), and $1,000,000 by disease (each employee). c. General Liabilitv, General Liability insurance as follows: Bodily Injury, Personal Injury and Property Damage in a combined single limit of not less than $1,000,000 each occurrence and $2,000,000 aggregate. The General Liability policy shall include the commercial form, contractual liability and independent contractor's coverage. d. Automobile Liabilitv. Automobile Liability insurance as follows: Bodily Injury and Property Damage coverage in a combined single limit of not less than $1,000,000 for each accident. The Automobile Liability policy shall include the business form, owned, hired and non-owned coverages. e. PrODertv Coveraee. Property coverage in limits sufficient to remedy the loss, and/or loss of use of, valuable- papers and records, and any other property of BOYLE utilized in connection with the PROJECT. The liability coverages, (c) and (d) above, shall each contain an endorsement naming CLIENT as an additional insured as to any liability arising out of insured party's performance pursuant to this agreement. The Workers' Compensation and Employer's Liability coverage, (b) above, shall contain an endorsement waiving subrogation as against CLIENT. 8. Instruments of Service. All tracings, survey notes, machine-readable information and data ("CADD data") and other original documents are instruments of service and shall remain the property of BOYLE, except where by law or precedent these documents become public property. 9. Reuse of Documents. Documents, including drawings and specifications, prepared by BOYLE pursuant to this agreement are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the PROÆCT or on any oth~ project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from BOYLE will be at CLIENT'S sole risk and without liability to BOYLE. Further, any and all liability arising out of changes made to BOYLE'S deliverables under this agreement by CLIENT or persons other than BOYLE is waived as against BOYLE and the CLIENT assumes full responsibility for such changes unless CLIENT has given BOYLE prior notice and has received from BOYLE written consent for such changes. clermontagree .doc 2of4 April 11,2000 . . 10. CADD Data. CADD data delivered to CLIENT shall not include the professional stamp or signature of an engineer or architect. CLIENT agrees that BOYLE shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by CLIENT, or anyone authorized by CLIENT, ofCADD data; (b) the decline of accuracy or readability ofCADD data due to inappropriate storage conditions or duration; or (c) any use by CLIENT, or anyone authorized by CLIENT, of CADD data for additions to this PROJECT, for the completion of this PROJECT by others, or for any other project, excepting only such use as is authorized, in writing, by BOYLE. By acceptance of CADD data, CLIENT agrees to indemnify BOYLE for damages and liability resulting from the modification, or misuse of such CADD data. 11. Construction Contractor. a. Construction Contractor Indemnification, CLIENT will require that any construction contractor perfonning work in connection with the PROJECT hold harmless, indemnify and defend CLIENT, BOYLE, their consultants, and each of their directors, officers, agents and employees from any and all liabilities, claims, losses, damages and costs, including attorneys' fees, arising out of or alleged to arise from the construction contractor's performance of the work described in the construction contract documents, but not including liability that may be due to the sole negligence of CLIENT, BOYLE, their consultants, or their directors, officers, agents and employees. b. Construction Contractor Insurance. CLIENT also will require that the construction contractor provide workers' compensation and commercial general liability insurance, including completed operations and contractual liability, with the latter coverage sufficient to insure the construction contractor's indemnity, as above required; and such insurance shall include CLIENT, BOYLE, their consultants, and each of their directors, officers, agents and employees as additional insureds. The insurance afforded to these additional insureds shall be primary insurance. If the additional insureds have other insurance which might be applicable to any loss, the amount of the insurance provided under this paragraph shall not be reduced or prorated by the existence of such other insurance. c. Construction Contract Documents, CLIENT will provide a copy of the construction contract documents before they are executed in order that BOYLE may confirm that the above requirements have been met. CLIENT agrees to forward to BOYLE a complete copy of the fully executed construction contract documents. The documents copied to BOYLE will include, but not be limited to, the executed agreement, bonds, insurance certificates and endorsements. 12. Fees and Permits. CLIENT shall pay the cost of all fees, pennits, bond premiums, title company charges, blueprints and reproductions in connection with the PROJECT and BOYLE'S services hereunder unless otherwise specified in- a Task Order. 13. AsbestoslHazardous Materials. BOYLE is not licensed to provide services involving the identification or handling of asbestos or. hazardous materials. Therefore, in providing its services hereunder, BOYLE shall not be responsible for the identification, handling, containment or abatement of any asbestos or other hazardous material present in connection with the PROJECT. In the event that CLIENT becomes aware of the presence of asbestos or any other hazardous material at the jobsite, CLIENT immediately shall notify BOYLE. BOYLE shall be entitled to cease any of its services that may be affected by the asbestos or other hazardous material and shall not be liable for damages in connection with such termination of services. CLIENT shall be responsible for complying with all applicable federal and state rules and regulations in connection with the asbestos or other hazardous material. 14. Termination of Aereement. In the event CLIENT fails to pay BOYLE within thirty days after an invoice is rendered, then CLIENT agrees that BOYLE shall have the right to consider said default a total breach of this agreement and the . duties of BOYLE under this agreement terminated upon five days' written notice. This agreement may be terminated by either CLIENT or BOYLE upon thirty days' written notice in the event of substantial failure of the other party to perform in accordance with the terms of this agreement. In the event of termination of this agreement, CLIENT shall clermontagree .doc 3 of4 April 11,2000 . . promptly pay BOYLE for all of the fees, charges and services perfonned by BOYLE in accordance with the compensation" arrangements under this agreement or on an agreed hourly basis. 15. Dispute Resolution, The parties agree in good faith to attempt to resolve amicably, without litigation, any dispute arising out of or relating to this agreement. In the event that any dispute cannot be resolved through direct discussions, the parties may mutually agree to endeavor to settle the dispute by mediation. If the parties agree to mediation, either party may make a written demand for mediation, which demand shall specify the facts of the dispute. The matter may be submitted to a mediator who shall hear the matter and provide an infonnal nonbinding opinion and advice in order to help resolve the dispute. The mediator's fee shall be shared equally by the parties. If the dispute is not resolved through mediation, the matter may be submitted to the judicial system, in which event each party shall pay their own litigation and collection expenses, witness fees, court costs and attorneys' fees. 16. Assienment, Services provided under this agreement are for the exclusive use of CLIENT. Neither CLIENT nor BOYLE shall assign its interest in this agreement without the written consent ofthe other. 17. Severability, Should any provision herein be found or deemed to be invalid, this agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this agreement are declared to be severable. 18. Other Aereements, There are no understandings or agreements except as herein expressly stated. Any purchase order issued by CLIENT for the services to be provided hereunder shall be deemed to have been issued for its own purchasing, accounting and other record-keeping purposes only and shall not be deemed to be a part of this agreement or to modify or amend this agreement in any way. This agreement may only be modified by a writing signed by both parties. 19. Counterparts, This agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 20. Governine Law, This agreement shall be governed by and construed in accordance with the laws of the state of Florida. 21. Prohibition Aeainst Contineent Fees. BOYLE warrants that it has not employed or retained any company or person, other than a bona fide employee working for BOYLE to solicit or secure this agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or finn, other than a bona fide employee working for BOYLE any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award"or making of this agreement. IN WITNESS WHEREOF, BOYLE and CLIENT have executed this agreement this Apri 1 , 2000. 14th clay of "BOYLE" "CLIENT" CITY OF CLERMONT By: By: ~<~ Salvatore D' Angel, E Regional Vice President Name: Harold S. Turville, Jr, Title: Mayor clermontagree .doc 4 of4 April 11.2000 . . EXHIBIT A SCOPE OF SERVICES PROFESSIONAL ENGINEERING SERVICES EAST SIDE WASTEWATER TREATMENT FACILITY EXPANSION General The City of Clermont (Client) desires to expand the East Side Wastewater Treatment Facility (WWTF) from a permitted capacity of 0.85 million gallons per day (mgd) to a capacity of 2.0 mgd. The Client had formerly designed an expansion to the East Side WWTF. Portions of this previous design will be reused by Boyle as discussed in this Scope of Services. The Client desires to have Boyle provide professional engineering services relative to the design, permitting, and bidding activities of the East Side WWTF expansion project. The initial phase will provide a total capacity of2.0 mgd. This Scope of Services is based on the following assumptions: 1. The expanded East Side WWTF should be designed to produce reclaimed water that can be used for irrigation on areas that are accessible to the public. In addition, the total nitrogen in the reclaimed water should be compatible with the use of the existing rapid infiltration basins (RIBs). 2. The expanded East Side WWTF will consist of the following: a) Preliminary Treatment: A reinforced concrete structure will be designed to house mechanical screening and grit removal. An odor control system using bio-filter technology will be designed. for this structure. b) Pre-Anoxic: This process will not be used for this initial phase. However, the initial phase facilities will be designed to allow this process to be added in the future. c) Aeration: Two oxidation ditches constructed from reinforced concrete will be designed for this process. It is expected that mechanical surface aerators will be used. d) Secondary Clarifiers: Two circular clarifiers constructed from reinforced concrete will be designed for this process. A pump station for return activated sludge (RAS) and waste activated sludge (WAS) will be designed for the clarifiers. It is assumed that the pumps will be placed outdoors on a concrete slab. e) Filters: A reinforced concrete structure will be designed to house up-flow sand filters. This structure will be designed to be expandable to a capacity of 6.0 mgd in the future. Exhibit A East Side WWTF Expansion Page 1 of 9 April 11, 2000 2000009V JG.doc . . f) Chlorine Contact: Two chlorine contact tanks constructed from reinforced concrete will be designed. This structure will be designed to be expandable to a capacity of 6.0 mgd in the future. g) Transfer/Reuse Pump Station: This reinforced concrete structure will share a common wall with the chlorine contact tanks. The pumps will be designed to allow reclaimed water to be sent to the on-site RIBs or to the off-site reuse sites. It is assumed that the off-site users of reclaimed water will receive reclaimed water in ponds. This station will also have two high pressure pumps that will provide reclaimed water for in-plant use such as wash water. This structure will be designed to be expandable in the future. h) Aerobic Sludge Digestion: The existing 0.75 mgd treatment plant will be converted to use as an aerobic digester. It is assumed that sludge thickening in the form of a rotary drum unit will be needed for the digester. i) Sludge Dewatering: Belt filter presses will be used for sludge dewatering. An enclosed facility will be designed to house the presses, conveyors and trailer loading area. It is assumed that this structure will be a pre-engineered metal building. This structure will be sized for the 2.0 mgd initial plant capacity, but the siting of the building will allow room for future expansion. j) Support Building: One building consisting of several rooms will be designed to house the motor control center, air compressors for the filters, chlorination system and chemical feed systems for the filters. It is assumed that this structure will be a pre-engineered metal building. Air conditioning will be provided for the motor control center. This structure will be sized for the 2.0 mgd initial plant capacity, but the siting of the building will allow room for future expansion. k) Generator: An emergency power generator and fuel tank will be designed to support the 2.0 mgd expansion. It is assumed that the generator will be installed outdoors in a weather proof enclosure. 1) Site Work: The previous road and drainage design that was developed for the plant will be used to the extent that it is possible. Some of this work will need to be modified to accommodate Boyle's design. m) SCADA Svstem: A plant-wide Supervisory Control and Data Acquisition (SCADA) system will be designed. The SCADA system will primarily be configured for status monitoring and control with limited automation to allow the Client to have reduced staffing levels in accordance with FDEP requirements for public access reuse systems. n) ûPerationslMaintenance Building: The existing operations building will be expanded to include additional space for plant operations and maintenance. This facility will also have space allocated to the Client's Parks Department. It is assumed that this structure will be a pre-engineered metal building consisting of 1,500 square feet of enclosed space and 1,500 square feet of covered storage. 3. The existing FDEP permit for the East Side WWTF will require a major modification to address the proposed changes in the treatment plant processes. The Environmental Resource Permit (ERP) will require a minor modification to address the changes that are required to conform to Boyle's design. Exhibit A . East Side WWTF Expansion Page 2 of 9 April 11,2000 2000009VJG.doc . . 4. Effluent disposal will be accomplished using a combination of the existing RIBs and the Client's reuse customers. Expansion of the RIB sites will not be included in the project. Facilities to store reclaimed water will not be included in the project. The following presents the specific tasks, which will be performed as part of this Scope of Services. Because of the nature of this work, certain assumptions have been made in preparing this Scope of Services. To the extent possible, these assumptions are stated herein and are reflected in the budget for services. If the work tasks required are different from the assumptions presented herein or if the Client desires additional services, the resultant changes in scope and budget will serve as a basis for modifying this Scope of Services as agreed to by both the Client and Boyle. Boyle will perform the following services for the Client for the initial 2.0 mgd phase of the East Side WWTF Expansion (project). Boyle's Scope of Services Boyle's services will include serving as the Client's professional engineering representative for the Project, providing professional engineering consultation and advice and furnishing customary process, civil, structural, mechanical, geotechnical, controls, and electrical engineering services and architectural services incidental thereto. Preliminary Design Phase Boyle will prepare an engineering report that will develop the following information: 1. . Site Master Plan: A layout for the 2.0 mgd treatment facility will be developed. Additionally, the 6.0 mgd facility will be laid out to determine site constraints and build-out needs. 2. Design Criteria: Present design criteria and unit process sizing for the 2.0 mgd treatment facilities. Develop a proc'ess flow diagram and a hydraulic profile for the proposed facilities. 3. Existing Facilities: Evaluate incorporation of the components of the existing facility into the - planned phased construction of the 2.0 mgd East Side WWTF, 4. Effluent Disposal/Reuse: The Client's reuse system will be evaluated to determine the design head for the transfer/reuse pumps. 5. Cost Estimate: A preliminary construction cost estimate will be developed. 6. Review R~ort: Boyle will meet with the Client to receive review comments on the report and will finalize the report based on the Client's review comments and suggestions. 7. Preliminary FDEP Review: Boyle will schedule and attend, with the Client, a permit review meeting with FDEP to review and discuss the modifications to the Project, respond to FDEP's qu~stions, and obtain FDEP's comments, suggestions, and general approval of the design concept. This review meeting will cover both the WWTF permitting and the ERP for stormwater management. Exhibit A East Side WWTF Expansion Page 3 of 9 April 11,2000 2000009VJG.doc . . Final Design and Permitting Boyle will assemble Bidding and Construction Documents for the Project. The Construction Documents will consist of the drawings, plans and specifications, which include: General Conditions; Technical Specifications; Bid Proposal, Construction Contract, and other documents. Boyle will use its standard package of General and Supplementary Conditions. Boyle will prepare the permit applications pursuant to regulatory criteria requirements in effect at the time this contract is executed. If any regulations affecting this project are implemented or changed, Boyle will advise Client if any corrected and/or additional investigations, analyses, testing, design, or research will be required, and these additional work efforts will be performed by Boyle only after approval of Additional Services by Client. 1. Prepare Construction Drawings: It is estimated that Boyle will prepare 123 construction dra~ings for this Project. Approximately 12 drawings of the site's loop roadway that were prepared by others will be adapted for use in this project. 2. Prepare Specifications: Boyle will prepare the Specifications for the project. 3. Client Reviews: At the 50% and 90% completion milestones, Boyle will submit two (2) sets of drawings and specifications to the Client for review and comment. The 90% submittal will include a construction cost estimate. Boyle will meet with the City to review and discuss each submittal. Each subsequent submittal will incorporate the City's previous review comments. At the 100% completion milestone, Boyle will submit three (3) sets of the Construction Documents to the Client. 4. Cost Estimates: An estimate of probable construction cost will be prepared for submittal along with each of the 50% and 90% review sets of drawings and specifications. 5. FDEP WWTF Construction Permit: Boyle will assist the Client with permitting for the project by preparing the application for permit modification (including the preliminary design report), . and responding to one (1) request for additional information by FDEP. 6. FDEP Environmental Resource Permit (ERP): Boyle will assist the Client with permitting for the.project by preparing the application for permit modification and responding to one (1) request for additional information by FDEP. This permit is for drainage and stormwater management, wetlands, and endangered and protected flora and fauna. Bidding Phase Boyle will provide assistance to the Client in distributing documents, responding to questions, receiving, and evaluating bids and awarding and executing the Construction Contract as described below: 1. Issue Construction Documents: Boyle will provide Construction Documents to prospective bidders for a non-refundable fee. Boyle will retain the collected fee to offset the cost of Exhibit A East Side WWTF Expansion Page 4 of 9 April 11,2000 2000009VJG.doc . . printing, postage, and handling. Boyle will also provide a set of the Construction Documents to the Tampa and Orlando Dodge Rooms. 2. Respond to Questions: Boyle will respond to questions from bidders and vendors. 3. Pre-Bid Conference: Boyle will conduct and attend a Pre-Bid Conference in the Client's preferred location to review and answer qu~stions from prospective bidders regarding the Construction Documents and to tour the Project Site. 4. Addenda: Boyle will prepare and issue Addenda to the Construction Documents, if required, which will address the questions raised at the Pre-Bid Conference; and respond to other written issues and questions. It is anticipated that no more than two addenda will be issued. 5. Bid Review: Boyle will review bids submitted to the Client, tabulate the bids, check the low bidders' references, and prepare and submit a letter of recommendation of the lowest, responsible bidder. Construction Phase (Not included in this Authorization) Boyle will provide the services as described below under a future amendment to this agreement. This construction phase effort will be reviewed by the Client and Boyle to mutually determine appropriate required changes. It is assumed that there will be only one construction contract. The construction period is estimated to be fifteen (15) months 1. Assist with Completing Construction Contract: After the Client awards the bid, Boyle will assist the Client with compiling and executing the Construction Contract. 2. Conformed Documents: Boyle will conform the documents by including copies of executed contract forms and copies of addenda issued during bidding. 3. Pre-Construction Meeting: Boyle will conduct and attend a Pre-Construction Conference with representatives of the Client and Contractor to provide a clear understanding of the objectives. and goals to be achieved in this Project. 4. On-site Representative: Boyle will provide an on-site representative who will observe the construction process, be the focal point of communication with the contractor, receive all requests for information about Boyle's design and will coordinate with Boyle's appropriate design team members to obtain the needed information, prepare weekly status reports and assist in start-up of the facility. Boyle's on-site representative will be housed in construction trailer provide by the Contractor. 5. Construction Contract Administration: Boyle will assist the Client in administering the Construction Contract including processing the contractor's pay requests, reviewing the contractor's compliance with the schedule and negotiating, prepanng, reviewing and processing change orders. 6. Site Visits: Engineers from Boyle will make up to 40 specialty site visits to observe the construction progress as requested by Boyle's on-site representative. Exhibit A East Side WWTF Expansion Page 5 of 9 . April 11,2000 2000009VJG.doc . . 7. Requests for Infonnation: Boyle will evaluate requests for infonnation (RFI) and respond to those requests. 8. Shop Drawing Review: Boyle will review shop drawings provided by the contractor. 9. Monthlv Report: Boyle will prepare and furnish a monthly report to Client which summarizes the progress of work, Contractor's compliance with the progress schedule, schedule of shop drawings, and sample submittals and construction photographs. Two (2) sets of the monthly report package will be prepared. One (1) set will be submitted to the Client, and Boyle will retain one (1) set. 10. Substantial Completion Review: Boyle will conduct a construction review of the Project with Client and Contractor to confinn substantial completion of construction in substantial compliance with Construction Documents. 11. Final Punch List: Based on the results of the Substantial Completion Review, Boyle will prepare a final contractor's punch list, which details uncompleted and/or improperly co~structed items identified during the substantial completion review and submit this list to Contractor and Client. 12. Final Inspection: Boyle will conduct a final inspection of the Project with the Client and Contractor (and FDEP, if necessary) to review completion of construction in compliance with the Construction Documents. Operational Phase (Not included in this Authorization) Boyle will provide services as described below under a future amendment to this agreement. Boyle will provide the following services during the Operations Phase of the Project: 1. Record Drawings: Based on infonnation provided to Boyle by the Contractor and Client, Boyle will prepare and provide Client with a set of reproducible record drawings which incorporate significant changes made during construction. 2. Certify Completed Construction: Boyle will certify, the completed construction to FDEP (Construction Pennit and Environmental Resource Pennit) and Client. 3. Maintenance Manual: Boyle will require the Contractor (and equipment vendors) to prepare a ,Maintenance Manual, and Boyle will compile and provide two (2) copies of this Maintenance Manual to the Client. 4. Operations Manual: Boyle will prepare an Operations Manual for this facility. The manual will assist in the day-to-day operation and the valving sequencing and testing parameters. Boyle will provide two (2) copies ofthis Operations Manual to the Client. 5. One Year Warranty Work: Boyle will assist with an inspection of the Project with the Client and Contractor approximately 11 months from date of completion of the Project to identify those items which are to be addressed as part of the Contractor's one year warranty work. Exhibit A East Side WWTF Expansion Page 6 of 9 April 11,2000 2000009VJG.doc . . Compensation The Boyle shall be paid in accordance with Section 3 of the Agreement. A labor budget showing the estimated number of hours and associated fee for each task described within the Scope of Services is presented in the Project Budget. An estimated budget for all other project costs, which are expected to include copying costs, mileage, postage, and long-distance telephone calls is also presented in the Project Budget. These budgeted amounts were used to detennine the lump sum of $ 480,000. Services Not Included The following services are not included in this Scope of Services: 1. Services related to new and/or expansion of existing effluent disposal sites. 2. Services related to the analysis and/or comparison of alternative wastewater treatment processes and equipment. 3. Services related to the design of alternative bid items. Client's Responsibilities The Client shall be responsible for providing the following in a timely manner so Boyle can complete its work and not delay the perfonnance of services. 1. Designate the City Engineer, or her designated agent, to act as Client's representative with respect to the services to be rendered under this Agreement. The City Engineer or her agent shall have complete authority to transmit instruction, receive infonnation, and interpret and define Client's policies and decisions with respect to Boyle's services for this Project. 2. Provide all criteria and full infonnation as to Client's requirements for the Project, including design objectives, constraints, capacity and performance requirements, flexibility, and expandability, and furnish copies of all design and construction standards which Client will require to be used on/included in the Project. 3. Provide all field surveys that are currently available, including a vertical bench mark within the limits of the project site, required for design of the facilities as determined by the Boyle. All data shall be available in electronic Auto CADD fonnat. 4. Provide site civil roadway and stonnwater management plans that were previously developed for the Client. All data shall be available in electronic AutoCADD fonnat. 5. Provide copies of soil borings and other geotechnical work that has been conducted on the East Side plant site. 6. Promptly review, comment on, and return Boyle's submittals. Seven (7) days have been allocated in the schedule for each Client review. 7. Execute, process, and obtain all required pennits and approvals. Exhibit A East Side WWTF Expansion Page 7 of 9 April 11,2000 2000009VJG.doc . . 8. Pay all pennit and approval fees. 9. All infonnation provided to the Boyle by the Client, and others retained by the Client, shall be used without verification. However, the Boyle shall use engineering knowledge and experience to identify reasonably identifiable errors. 10. Promptly advise Boyle when the Client becomes aware of any defect, deficiency or changed condition. 11. Provide other such services and assistance as needed to expedite and complete this Project. Deliverables (BOYLE) Boyle will provide the Client the following deliverables: 1. Five (5) copies of the Preliminary Design Report in draft and final fonn. 2. Two (2) copies of draft construction documents, at the 50% and 90% level 3. T~n (10) sets ofconfonned construction documents. 4. Sufficient sets of each pennit application to supply the pennitting agency plus one copy for the Client's files. Boyle will provide the following deliverables under an amendment to this agreement: 1. Two (2) copies of the Maintenance Manual. 2. Two (2) copies ofthe Operations Manual. 3. One (1) set of reproducible Record Drawings based upon infonnation provided by the Client and Contractor. Period Of Service The schedule provided herein is based on the timely receipt of the infonnation to be provided by the Client. Should the Client's activities require more time than anticipated, the schedule described below will be modified accordingly. The overall services for design and bidding are anticipated to be completed within 10 months of receipt of the Notice-To-Proceed. Construction and operational phase services will be completed based on a schedule to be developed as a future amendment to this agreement. 1. Boyle will commence work upon receipt of an executed copy of this agreement. 2. The draft Preliminary Design Report will be completed within 30 calendar days of the date that Boyle is in receipt of the required infonnation from the Client as outlined above. Exhibit A East Side WWTF Expansion Page 8 of 9 April 11,2000 2000009V JG.doc . . 3. The final Basis of Design Report will be completed 7 days following receipt of written Client comments on the draft. 4. Draft 50% construction documents (plans and specifications) 75 days after approval of the Preliminary Design Report. Draft 90% construction documents (plans and specifications) 60 days after receiving comments on the 50% submittal. 5. Final construction documents 15 days after draft documents have been reviewed. 6. Bidding phase services will be completed 60 days after that task's authorization. 7. Construction services (when authorized) shall continue throughout the construction activities and shall be complete 60 days following the end of construction. This will be more specifically defined in an amendment to this agreement. 8. The first year warranty services (when authorized) shall be completed within one year after the completion of construction. This will be more specifically defined in an amendment to this agreement. Exhibit A East Side WWTF Expansion Page 9 of 9 April 11,2000 2000009V JG.doc East Side WWTF Design and Bid Phase Services Task Description Preliminary Design Phase I. Prepare for and Attend Project Kick-OfTMcetin2 2. Prepare hydraulic profile 3. Prepare now schematic and mass balance 4. Prepare preliminary site plan with yard piping 5. Develop process design criteria 6. Prepare draft preliminary design report and submit to Client for review 7. Meet with the Client to receive comments on the draft report 8. Prepare final preliminary design report 9. Prepare for and attend pre-application meetinl!; with FDEP Subtotal Final Design Phase I. Prepare for and conduct final design kick-ofTmeeting 2. Design 10 general drawings 3. Design 7 site civil drawings 4. Review and incorporate 12 previous roadway drawings provided by Client 5. Design 5 yard piping drawings 6. Design 24 process drawings 7. Design 30 structural drawings and 7 architectural drawines 8. Design 27 electrical drawings 9. Design 5 mechanical drawings 10. Design 8 Instrumentation drawings II. Prepare general conditions and requirements for the project manual 12. Prepare civil specifications 13. Prepare process specifications 14. Prepare structural specifications 15. Prepare electrical specifications 16. Prepare mechanical specifications 17. Prepare instrumentation speci fications 18. Submit 50% drawings and specifications to the Client and receive conunenlS in a meeting. 20. Submit 90% drawings and specifications to the Client and receive comments in a meeting. 3I2tlOO Project Budget .. 1:10 "ü Ii: 'C ø.. ... ... .. c i= .. en 2 3 2 2 6 6 4 I 26 2 8 4 5 48 30 24 8 6 I 8 2 .. .... II "0 C S 12 8 10 12 32 40 4 8 6 132 12 2 13 5 12 136 342 315 90 16 12 2 24 24 16 15 8 8 8 Personnel Hours - 22 14 16 203 236 80 32 12 8 32 8 8 Page 1 = .... Ii: :! '" .;; ~ 16 32 24 24 12 60 4 12 4 188 16 8 36 23 40 375 24 16 100 4 4 ... .... Ii: :! '" ";; '" ...t - 56 23 3 40 34 29 70 484 833 320 98 8 12 12 16 20 6 74 .. u "C .. 0 4 20 6 2 32 4 8 20 12 40 16 10 10 .. c t' t ::I en '1:1 Ii: II ..J ..: en - ~ .. .. U Ii: C '" .. .. Co I C ~ ~ r: 1:1 C =: '3 c ~ - 42 $ 55 $ 48 $ 54 $ 50 $ 146 $ 8 $ 36 $ 13 $ - $ - $ 4521 s 34 $ 50 S 177 $ 98 $ 143 $ 1.246 $ 1,205 $ 895 $ 276 $ 48 $ 74 $ 39 $ 204 $ 40 S 28 $ 25 $ 8 $ 201 S 20 I $ .. C -'=I II ...l 2,976 $ 3,696 $ 3,284 $ 3,680 $ 4,588 $ 10,220 $ 636 $ 2,572 $ 1,044 $ - - 31,696 I S 2,576 $ 2,684 $ 11,294 $ 6,180 $ 8,964 $ 81,997 $ 78,766 $ 68,158 $ 20,920 $ 4,064 $ 5,216 $ 2,468 $ 13,748 $ 3,088 $ 2,268 1,930 $ 784 $ 1,652 I $ 1,652 I $ City of Clermont .. C -'=I II 07 Ii: C :z 200 $ 175 $ 175 $ 125 $ 125 $ 250 $ 30 $ 400 $ 125 ! ! $ 1,605 lis 250 $ 300 $ 1,000 $ 600 $ 900 $ 8,550 $ 28,200 $ 6,000 $ 2,100 $ 14,000 $ 300 $ 200 $ 1,200 $ 300 ! ! ~ 2,ooon 100 I $ 100 U $ '3 c 1-0 . 3,176 3,871 3,459 3.805 4,713 10,470 666 2,972 1,169 - - 34,301 2,826 2,984 12,294 6.780 9,864 90,547 106.966 74.158 23,020 18,064 5,516 2,668 14,948 3,388 2,268 2,130 2.784 . 1,752 1,752 Boyle Engineering Corporation East Side WWTF Design and Bid Phase Services Task Description 21. Submit final drawings and specifications to the Client 22. Project management Subtotal Bidding Phase I. Distribute plans and specifications 2. Answer questions !Tom perspective bidders. 3. Prepare up \0 two addendums 4. Prepare for and attend the pre-bid meeting 5. Attend the bid opening and tabulate bids 6. Review the qualifications of the apparent low bidder and write a reconunendation for award to the Client Subtotal Topoaraphlc Survey I. Review of Existing Topographic Survey 2. Coordination With Clients Consultant Subtotal Permitting I. Review Previous FDEP ERP Submittal 2. Prepare FDEP ERP Pennit Modification Application 3. Prepare FDEP Construction Pennit Modification Application 4. Respond to Request for Additional Information (2) 5. Coordination with Client's consultants 6. Coordination with FDEP ERP Staff 7. Coordination with FDEP Wastewater Staff Subtotal Total 3/21/00 Project Budget ãi c:a. '0 r:: 'C ~ 146 1,255 3 4 I 8 - 4 2 2 8 188 = ... 0 'a ~ (I ~ - . 'D 0 VI .L 2 I 194 40 8 8 4 2 62 - - 1,449 Personnel Hours 673 4 64 24 4 6 102 - 2 12 14 16 4 4 2 54 829 Page 2 = - r:: :! VI ';¡; ~ 646 10 24 26 4 2 66 - 6 6 8 20 920 .... - r:: :! VI ';¡; ~ 79 - - - 79 1,908 ~ ~ u 20 20 8 4 12 6 6 8 20 2,034 ãi u 'C ~ Ü 2 40 162 40 20 24 4 2 92 - 289 2 3 I I I ... 0 t' > ... ø fI) "CI r:: .=s .: fI) - - 8 4 12 - 12 ~ ~ ... U r:: 0 ~ ~ r¡a. ! VI ... ø 0 = Š ~o 5 $ 234 $ - $ 4,869 1 $ - 54 $ 151 $ 106 $ 20 $ 8 $ - ...!!l! -=---.l! 3501$ 32 8 ~ i6l! 1 $ 641 $ - - 40 - 6 $ 27 $ 29 $ 33 $ 4 $ 4 $ 2 $ 1051$ 40 5,840 I $ ... 0 .c . .4 ~ 20,8S2TS - 339,607 I $ 2,762 $ 11,656 $ 6,826 $ 1,524 $ 606 $ 8761 $ - 24,250 1$ 4,048 1,304 - - 5,352 I $ 636 $ 1,888 $ 2,044 $ 2,182 $ 312 $ 312 $ 156 $ 7,530 I $ 409,435 I $ City of Clermont ... 0 .c .;! c: 0 Z !Qtl! SOOl! $ 66,900 lIS 300 $ 500 $ 600 $ 100 $ 50 $ 50 HI $ 1,600 I $ - 160 $ 160 $ 100 $ 10 $ 10 $ 10 $ 10 $ 46õTI 70,565 H $ Amounts shown are fee. š 0 1-0 . 446 21.352 - 406,507 3,062 12,156 7,426 1,624 656 926 - 25,850 1 1 1 ! $ 4,048 1,304 . - . 5,352 796 2.048 2,144 2.192 322 322 166 7,990 480,000 Boyle Engineering Co/poIalion