PERFORMANCE CONTRACTING AGREEMENTPERFORMANCE CONTRACTING AGREEMENT
between
Of Clearwater , Fl???'??,ia
And
Siemens Industry, Inc.,
Building Technologies Division
TABLE OF ARTICLES
1
2
3
4
5
6
7
8
9
10
11
12
13
Agreement
Glossary
General
Performance Guarantee
Work by SIEMENS
The CLIENT'S Responsibilities
Changes and Delays
Compensation
Acceptance
Insurance and Allocation of Risk
Hazardous Material Provisions
Miscellaneous Provisions
Maintenance Services Program
Page 1 of 17
PERFORMANCE CONTRACTING AGREEMENT
SII-BTD Job Number:
Article 1
AGREEMENT
THIS PERFORMANCE CONTRACTING AGREEMENT ("Agreement") is made this 14th day of June, 2011 (the "Effective
Contract Date", defined below), by and between Siemens Industry, Inc., Building Technologies Division ("SIEMENS") and the
party identified below as the CLIENT.
The CLIENT: City Of Clearwater, Florida
100 South Myrtle Avenue
Clearwater, FL 33756
DESIGNATED REPRESENTATIVE: Tara Kivett
PHONE: 727-562-4758 FAX: 727-562-4755
Siemens Industry, Inc., Building Technologies Division
1000 Deerfield Parkway
Buffalo Grove, Illinois 60089
With offices at: 8403 Benjamin Road, Suite F
Tampa, FL 33634
DESIGNATED REPRESENTATIVE: Alan Beer
PHONE: (813) 541-5111 FAX: (866) 456-8739
For Work and Services in connection with the following project (the "Project"): City of Clearwater Energy
Performance Services for the East, Northeast, and Marshall Street Wastewater Treatment Plants
The CLIENT considered performing the following FIMs but at this time, has determined to exclude them from the
Scope of Work and Services, Exhibit A:
Northeast UV, Marshall Street. UV, East UV, Solar, and Ground Water Recharge
Articles and Attachments
This Agreement consists of this document, which includes the following articles and exhibits which are acknowledged by the
CLIENT and SIEMENS and incorporated into the Agreement by this reference:
Articles
1. Agreement
2. Glossary
3. General
4. Performance Guarantee
5. Work BY SIEMENS
6. The CLIENT'S Responsibilities
7. Changes and Delays
8. Compensation
9. Acceptance
10. Insurance and Allocation of Risk
11. Hazardous Material Provisions
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PERFORMANCE CONTRACTING AGREEMENT
12. Miscellaneous Provisions
13. Maintenance Services Program
Exhibits
Exhibit A Scope of Work and Services
Exhibit B Payment Schedule(s)
Exhibit C Performance Assurance
Exhibit D Owner Direct Purchase Procedure
Exhibit E Detailed Energy Audit (dated May 21, 2010, updated May 11, 2011)
This Agreement, when executed by authorized representatives of the CLIENT and SIEMENS, constitutes the entire,
complete and exclusive agreement between the Parties relative to the project scope stated in Exhibit A. This Agreement
supersedes all prior and contemporaneous negotiations, statements, representations, agreements, letters of intent,
awards, or proposals, either written or oral relative to the same, and may be modified only by a written instrument signed
by both Parties.
COMPENSATION/TERMS OF PAYMENT:
As full consideration for the performance of the Work and Services set forth in Exhibit A, and for the Performance Assurance
set forth in Exhibit C, the CLIENT shall pay SIEMENS in such manner and amounts as agreed to in Exhibit B.
Siemens Industry, Inc.
Signature: 4 L
Printed Name: Mike Kearney
Title: sr. Date: '
Signature:
Printed Name:
Title:
Date:
Countersigned:
- ?tA?LR ?1 C? ??/? VIIL W??h0?
Frank V. Hibbard
Mayor-Co ilmember
Appro ed to for
Camilo A. Soto
Assistant City Attorney
CITY OF CLEARWATER
15 ?- ,, -.- 9V7"44?1?.
it iam B. Horne II
City Manager
ATTEST:
Rosemarie Call
City Clerk .?._.,
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PERFORMANCE CONTRACTING AGREEMENT
Article 2
Glossary
The following terms shall for all purposes have the meanings stated herein, unless the context otherwise specifies or
requires, or unless otherwise defined in the Agreement:
"Acceptance" means the CLIENT has signed, or is deemed to have signed, a Certificate of Substantial Completion.
"Acceptance Date" means the date on which the CLIENT signs or is deemed to have signed a Certificate of Substantial
Completion.
"Annual Performance Assurance Report" means the document prepared by SIEMENS and submitted to the CLIENT as
part of the Performance Assurance Service Program, which identifies the Savings achieved for the applicable Annual Period.
"Annual Period" means a twelve (12) month period beginning on the Guarantee Date or on any anniversary date thereof.
"Annual Realized Savings" means the Savings achieved by the CLIENT during an Annual Period, calculated as the sum of
the Measured & Verified Savings plus the Stipulated Savings.
"Applicable Law" means the laws, ordinances, codes, rules and regulations applicable to the Work and in effect on the
Effective Contract Date.
"Baseline" means the measurements of Facility energy usage taken prior to the Effective Contract Date, and the Facility
operating practices in effect prior to the Effective Contract Date, as set forth in the Performance Assurance, Exhibit C.
"Baseline Period" means the period of time from which data is provided to SIEMENS to derive the Baseline
measurements. The Baseline Period is set forth in the Performance Assurance, Exhibit C.
"BTU" means a British Thermal Unit and is a unit of thermal energy.
"Capital Off-Set Savings" means a sub-category of Operational Savings where Savings will result in a cost effective
upgrade to the Facility to address one or more of the following issues; potential future increased costs, comfort, code non-
compliance, usage requirements, user needs and/or expectations.
"Certificate of Substantial Completion" means the document indicating that the Work, or a designated portion of the
Work, is Substantially Complete in accordance with the Agreement.
"CLIENT Representative" means the person identified to SIEMENS by the CLIENT as the person authorized to make
decisions on behalf of the CLIENT as set forth in Section 6.1(a) hereof.
"Construction Period" means the period between the Effective Contract Date and the first day of the month following the
date of Substantial Completion.
"Construction Period Savings" means the accumulated Measured & Verified Savings plus the Stipulated Savings
achieved from the Effective Contract Date until the Guarantee Date.
"Contracted Baseline" means the post-FIM-implementation Facility operating profile based on parameters described in
Exhibit C, which the CLIENT shall maintain throughout the Performance Guarantee Period and are relied upon by SIEMENS
for the calculation of Guaranteed Savings as provided in the Performance Assurance, Exhibit C. The Contracted Baseline
must also include stipulated hours of operation and plug-loads for all Facilities, and must include stipulated blended, or non-
blended, utility rates.
"Deferred Maintenance" means a sub-category of Operational Savings where Savings results from a reduction of current
or potential future repair and maintenance costs due to certain work being performed hereunder where such work had been
previously postponed.
"Deliverable" means a report or drawing specifically prepared for and deliverable to the CLIENT.
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"Effective Contract Date" is the date appearing at the top of this Agreement, unless specifically indicated otherwise.
"Energy Conservation Measure" or "ECM" means the equipment, devices, materials and/or software as installed by
SIEMENS at the Facilities, or as repaired or replaced by the CLIENT hereunder, for the purpose of improving the efficiency
of utility consumption.
"Equipment" means the installed products to be provided by SIEMENS as described in the Scope of Work and Services,
Exhibit A.
"Escalation Rate" means an annual percentage increase to be applied to the previous year's energy savings, operational
savings and service pricing, beginning and occurring on dates outlined in the Performance Assurance, Exhibit C. A different
Escalation Rate may be applied to differing Savings calculations and/or payment schedules depending on the percentage
agreed upon by the Parties.
"Facility" or "Facilities" means the building(s) or structure(s) where Work will be installed or implemented.
"Facility Improvement Measures" or "F/Ms" means the methods, techniques, application of know-how, installation of
devices or otherwise, described in the Scope of Work and Services, Exhibit A, that are undertaken by SIEMENS as a result
of this Agreement with the intent of generating net savings or efficiencies at or in connection with the operation of the
Facilities, including one or multiple ECMs as well as any non-conservation-related activities, means or methods.
"FEMP" means the Federal Energy Management Program managed by the United States Department of Energy.
"FEMP Guidelines" means the FEMP M&V Guidelines v. 3.0 published by FEMP as M&V Guidelines; Measurement and
Verification for Federal Energy Management Projects.
"Guarantee Date" means the first day of the month following the date on which the CLIENT executes the final Certificate of
Substantial Completion, thus indicating that the Construction Period is complete.
"Guaranteed Annual Savings" are the Guaranteed Measured & Verified Savings plus the Stipulated Savings that
SIEMENS guarantees will occur in an Annual Period of the Performance Guarantee Period.
"Guaranteed Measured & Verified Savings" means the Measured & Verified Savings that SIEMENS guarantees will be
achieved, as described in the Performance Assurance, Exhibit C.
"Guaranteed Savings" means the amount of Savings that SIEMENS guarantees will be achieved at the Facility during the
Performance Guarantee Period. as identified in the Performance Assurance, Exhibit C as subject to the limitation identified in
Section 4.8.
"Hazardous Materials" refers to the definition found in Section 11.1.
"Instruments" means all reports, notes, calculations, data, drawings, estimates, specifications, manuals, documents, all
computer programs, codes and computerized materials prepared by or for SIEMENS, excluding Deliverables.
"IPMVP" means the International Performance Measurement and Verification Protocol, Volume 1, EVO 10000-1.2007 as
prepared by the Efficiency Valuation Organization.
"kW" and "kWh" means kilowatt and kilowatt hour, respectively.
"Maintenance Services Program" or "MSP" means the Services performed by SIEMENS to maintain the Equipment in
good working order. The MSP may also contain Services unrelated to the maintenance of the Equipment. If applicable, the
MSP is more fully described in the Scope of Work and Services, Exhibit A.
"Material Change" means a measurable deviation in the Contracted Baseline such that there is an adverse impact on the
Annual Realized Savings which results or will result in a Savings Shortfall.
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"Measured & Verified Savings" means those Savings that can be calculated and ascertained by the methodology set forth
in the Performance Assurance, Exhibit C.
"Oil" refers to the definition found in Section 11.1.
"Operational Savings" means Savings derived from reduced operational expenses, including but not limited to, Deferred
Maintenance, or Capital Off-Set Savings. Operational Savings can only be expressed in monetary value and are Stipulated
Savings.
"Parties" means the CLIENT and SIEMENS.
"Performance Assurance" is the process of ascertaining whether the FIMs are performing at the level necessary to
achieve the Guaranteed Savings.
"Performance Assurance Services Program" or "PASP" means the Services required to monitor the operation of the
FIMs so that SIEMENS can provide the Annual Performance Assurance Report detailing the Annual Realized Savings and,
where applicable, the Accumulated Realized Savings, and comparing the same to the Annual Guaranteed Savings and,
where applicable, the Guaranteed Accumulated Savings based upon the calculations agreed to by the Parties in the
Performance Assurance, Exhibit C. The Services provided under the PASP are described in the Scope of Work and
Services, Exhibit A.
"Performance Guarantee" means the guarantee that SIEMENS makes to the CLIENT which is reconciled and confirmed
through the Performance Assurance process set forth in the Performance Assurance, Exhibit C.
"Performance Guarantee Period" means the timeframe from the Guarantee Date to the last day of the final Annual Period
as described in Table 1.1 of the Performance Assurance, Exhibit C, or the period from the Guarantee Date until the
termination of this Agreement, whichever occurs earlier.
"Permitted Users" means the CLIENT, its employees and agents.
"Savings" means the Parties' intended result from implementing all FIMs. Savings can be derived from reductions in
energy or utility consumption, reductions in operating expenses, a changed utility rate classification, or a combination
thereof. The Savings that are achieved from reduced energy or utility consumption are converted to a dollar figure based
upon the calculation in Article 4.1.1 and as detailed in the Performance Assurance, Exhibit C. When converted to a dollar
figure, these Savings become energy cost savings. Operational Savings are only expressed in a dollar figure.
"Savings Shortfall" means the Annual Realized Savings less the Guaranteed Annual Savings for the Annual Period
resulting in an amount less than zero.
"Services" means those services to be provided by SIEMENS as described in the Scope of Work and Services, Exhibit A.
"Stipulated Savings" are a sub-category of Guaranteed Savings that do not require post-FIM implementation measurement
and verification because they are Operational Savings as agreed upon by the Parties based upon representations made to
SIEMENS by the CLIENT. As such, Stipulated Savings are agreed upon in advance by the Parties and cannot be changed.
The Stipulated Savings for each Annual Period, along with the corresponding Escalation Rate, if applicable, are set forth in
the Performance Assurance, Exhibit C.
"Substantial Completion" or "Substantially Complete" means the Work, or any identifiable portion thereof, is
sufficiently complete, in accordance with the provisions of this Agreement relating to the Scope of the Work and Services,
Exhibit A, such that the CLIENT will be able to realize from such Work substantially all of the practical benefits intended to
be gained therefrom, or otherwise employ the Work or the FIMs for their intended purposes. To the extent that the Work
requires multiple Acceptances, the Work's final Substantial Completion date shall determine the Guarantee Date.
"Therm" is a measure of energy equal to 100,000 BTUs
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"Total Guaranteed Savings" means the sum of the Savings that are guaranteed for all Annual Periods during the
Performance Guarantee Period (inclusive of the Construction Period, if applicable). The Total Guaranteed Savings are
reflected in Tables 1.1 and 1.2 in the Performance Assurance, Exhibit C.
"Work" means collective labor, Equipment and services comprising the FIMs to be performed by SIEMENS, as described in
the Scope of Work and Services, Exhibit A.
Article 3
General
3.1 The Parties hereto acknowledge and agree that this Agreement has been negotiated at arm's length and among the
Parties equally sophisticated and knowledgeable as to the subject matter of this Agreement. Each party has conferred,
or has had the opportunity to confer, with their respective legal counsel. Accordingly, in the event any claim is made
relating to any conflict, omission, or ambiguity in this Agreement, no presumption, burden of proof, or persuasion shall
be implied by virtue of the fact that this Agreement was drafted by or at the request of a particular party or its legal
counsel.
3.2 The CLIENT hereby engages and SIEMENS hereby accepts the engagement to perform and to provide the Work and
Services set forth in Exhibit A in accordance with the terms and conditions of this Agreement.
3.3 SIEMENS shall perform the Work as an independent contractor with exclusive control of the manner and means of
performing the Work in accordance with the requirements of this Agreement. SIEMENS has no authority to act or make
any agreements or representations on behalf of the CLIENT. This Agreement is not intended, and shall not be construed
to create, between the CLIENT and SIEMENS, the relationship of principal and agent, joint-venturers, co-partners or any
other such relationship, the existence of which is hereby expressly denied. No employee or agent of SIEMENS shall be,
or shall be deemed to be, an employee or agent of the CLIENT.
3.4 SIEMENS represents, warrants and covenants to the CLIENT that:
(a) It has all requisite corporate power to enter into this Agreement, and that its execution hereof has been duly
authorized and does not and will not constitute a breach or violation of any of SIEMENS' organizational
documents, any Applicable Law, or any agreements with third parties;
(b) It has done and will continue to do all things necessary to preserve and keep in full force and effect its existence
and the Agreement;
(c) This Agreement is the legal, valid and binding obligation of SIEMENS, in accordance with its terms, and all
requirements have been met and procedures have been followed by SIEMENS to ensure the enforceability of
the Agreement;
(d) To SIEMENS' best knowledge, there is no pending or threatened, suit, action, litigation or proceeding against or
affecting SIEMENS that affects the validity or enforceability of this Agreement; and,
(e) It is duly authorized to do business in all locations where the Work and Services are to be performed.
3.5 The CLIENT represents, warrants and covenants to SIEMENS that:
(a) It has all requisite corporate power and/or statutory authority to enter into this Agreement, and that its execution
hereof has been duly authorized and does not and will not constitute a breach or violation of any of the
CLIENT'S organizational documents, any Applicable Law, or any agreements with third parties;
(b) It has done and will continue to do all things necessary to preserve and keep in full force and effect its existence
and the Agreement;
(c) This Agreement is the legal, valid and binding obligation of the CLIENT, in accordance with its terms, and all
requirements have been met and procedures have been followed by the CLIENT to ensure the enforceability of
the Agreement;
(d) To the CLIENT'S best knowledge, there is no pending or threatened, suit, action, litigation or proceeding against
or affecting the CLIENT that affects the validity or enforceability of this Agreement; and,
(e) The CLIENT has consulted with its legal counsel and is relying on the advice of its counsel concerning all legal
issues related to this Agreement, and is not relying on SIEMENS in this regard.
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Article 4
Performance Guarantee
4.1 The Annual Realized Savings generated during each Annual Period will be no less than the Guaranteed Annual Savings
as shown in Tables 1.1 and 1.2 of the Performance Assurance, Exhibit C, subject to the limits in Section 4.8. The
measurement and verification calculation methodology for determining the Measured & Verified Savings is set forth in
the Performance Assurance, Exhibit C.
4.1.1 General. Except as otherwise provided, energy savings will be calculated for each month of each
Annual Period as the product of (a) "units of energy saved" (kWh, Therms, GJ, etc.) multiplied by (b) "cost of
energy."
(a) Units of energy saved are calculated by 1) assuming the Contracted Baseline has been maintained per
Section 4.3 below, and 2) subtracting the then current period measured units of energy consumed from the
Baseline units of energy defined in Article 5 of Exhibit C.
(b) Costs of energy are defined in Article 6 of Exhibit C, Utility Rate Structures and Escalation Rates.
4.2 Any future escalation factors to be applied to utility, energy or other costs are set forth in Exhibit C. SIEMENS and the
CLIENT agree that the Baseline data set forth in Exhibit C is a full and accurate reflection of the existing Facility,
equipment, operation, business use and energy usage, and that such Baseline data will be the basis on which all future
energy use will be compared in order to determine the Annual Realized Savings.
4.3 SIEMENS and the CLIENT agree that the Contracted Baseline fully described in Exhibit C will represent the new
operating and/or equipment profile of the Facility resulting from the FIM implementation. The Performance Guarantee is
dependent upon and is subject to the express condition that the CLIENT operates and maintains its Facilities within the
Contracted Baseline parameters, as may be adjusted in accordance with the terms herein, during the entire term of the
Performance Guarantee Period.
4.4 The CLIENT agrees to notify SIEMENS prior to or within 30 days of CLIENT'S knowledge of any Material Change.
4.5 Within 30 days of notice of a Material Change, SIEMENS' discovery of a Material Change, and with prompt notice to
CLIENT, SIEMENS will either:
(a) Require an adjustment to the Performance Assurance and the Performance Guarantee as a result of the
Material Change; or,
(b) Where a commercially reasonable adjustment to the Performance Guarantee is unavailable, terminate both the
Performance Assurance and the Performance Guarantee.
4.6 Performance Guarantee Period savings reconciliation as identified in Section 4.1 will be performed at the end of each
Annual Period as follows:
(a) Within ninety (90) days of the Guarantee Date, the Construction Period Savings, if applicable, shall be
reconciled and applied to the calculation of the first Annual Period's Annual Realized Savings.
(b) At the conclusion of each Annual Period, SIEMENS will calculate the Annual Realized Savings and compare the
calculated amount to the applicable Guaranteed Annual Savings amount.
(c) Where the Annual Realized Savings are less than the Guaranteed Annual Savings, a Savings Shortfall
shall be recorded for the applicable Annual Period.
(d) A Savings Shortfall shall be paid by SIEMENS within sixty (60) days following the CLIENT'S acceptance of the
reconciliation and once paid SIEMENS shall have fulfilled its obligations under the Performance Guarantee for
the applicable Annual Period.
4.6.1 As the mutual goal of the Parties is to maximize Savings, if SIEMENS can correct a Savings Shortfall through
an operational improvement (without impairing the CLIENT'S ability to meet its responsibilities as outlined in
Article 6 or maintain the Facilities' Contracted Baseline as outlined in Article 7 of Exhibit C) at no expense or
material inconvenience to the CLIENT and with no future operational expenses, and the CLIENT declines to
allow such operational improvement, then any future Savings Shortfall that the improvement would have
corrected will be negated by deeming the value of the Savings Shortfall as Savings achieved and adding the
amount of same to the Annual Realized Savings calculations for each Annual Period thereafter.
4.7 The Performance Guarantee is dependent upon and is subject to the express condition that the CLIENT maintains the
PASP during the entire Performance Guarantee Period. If the CLIENT fails to maintain, breaches, cancels or otherwise
causes the termination of the PASP then; (a) The Performance Guarantee shall terminate immediately and be void and
of no force or effect; or, (b) Where termination of the Performance Guarantee would render the Agreement in violation of
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Applicable Law, all Guaranteed Savings thereafter shall be determined to have been achieved and SIEMENS shall have
been deemed to have met its Performance Guarantee obligations under this Agreement for each and every Annual
Period thereafter without the obligation to provide the CLIENT, or any third-party as the case may be, with any further
Annual Performance Assurance Reports.
4.8 The payments and credits based on Savings Shortfalls, if any, are the sole remedy of the CLIENT for this Performance
Guarantee. ANY PAYMENTS MADE OR TO BE MADE TO THE CLIENT UNDER THE TERMS OF THIS
PERFORMANCE GUARANTEE SHALL NOT EXCEED THE PAYMENTS ACTUALLY MADE BY CLIENT TO EITHER
SIEMENS AND/OR A THIRD-PARTY (IN THE EVENT THAT THE CLIENT HAS FINANCED THE TRANSACTION)
FOR THE AGGREGATE OF: THE PRICE, AS DEFINED IN EXHIBIT B, ARTICLE 1.1; THE PASP PAYMENTS; THE
MSP PAYMENTS, IF ANY; AND, IF APPLICABLE, THE CLIENT'S COST OF FINANCING THE WORK. The CLIENT'S
cost of financing the Work is the cost of financing calculated either: (a) On the date that the escrow account is funded in
accordance with Exhibit B, Article 1.2; or, (b) On the Effective Contract Date if the escrow requirement is expressly
waived by SIEMENS.
4.9 The CLIENT represents that all existing equipment that is not installed by SIEMENS under this Agreement but is
deemed necessary to achieve the Performance Guarantee, is in satisfactory working condition. Prior to the
beginning of the Performance Guarantee Period, SIEMENS will have inspected all such existing equipment and
reported any deficiencies to the CLIENT. To the extent that the deficiencies are not remedied by the CLIENT
prior to the Guarantee Date, the adverse affect on the ability of the Project to attain the necessary Guaranteed
Savings shall be factored into the Annual Performance Assurance Report and, if necessary, the Performance
Guarantee shall be adjusted accordingly.
4.10 If the Equipment or the existing equipment which has a material impact on the performance of the Equipment is altered
or moved by any person (including the CLIENT) other than SIEMENS or a person authorized by SIEMENS, the CLIENT
shall immediately notify SIEMENS in writing, and SIEMENS reserves the right to perform a reacceptance test on, or if
necessary a re-commissioning of, the system. If the reacceptance testing establishes that the CLIENT'S actions have
resulted in a Material Change, CLIENT shall compensate SIEMENS for expenses associated with the reacceptance test
and re-commissioning.
4.11 SIEMENS will have no liability or obligation to continue providing PASP Services or any Guaranteed Savings in
connection with materially-impacted FIMs under the Performance Guarantee in the event that the CLIENT fails to:
(a) Authorize a re-acceptance test or re-commissioning that SIEMENS reasonably deems necessary in order to
determine if a Material Change has occurred;
(b) Provide access to any Facility where Work is to be performed;
(c) Service and maintain all Equipment in accordance with the manufacturers' recommendations in order to prevent
a Savings Shortfall; or,
(d) Provide SIEMENS with accurate Facility operating information as soon as such information becomes reasonably
available to the CLIENT, including energy usage and cost, executed preventive maintenance and repair records,
building or equipment additions, and occupancy levels during each Annual Period.
4.12 Unless expressly contrary to law, should the CLIENT decide to discontinue the PASP before the end of the
Performance Guarantee Period, the CLIENT will give SIEMENS thirty (30) days prior written notice, and CLIENT
will compensate SIEMENS for documented costs incurred up to the date of receipt of such notice related to
preparing to perform the PASP as contracted for the then-current Annual Period.
4.13 Unless expressly contrary to law, any disputes concerning the calculation of the Annual Realized Savings or
changes to the Contracted Baseline that are not resolved by negotiation between the Parties within thirty (30)
days of the notice of the dispute, will be resolved by a third party professional engineering firm which is
reasonably acceptable to both SIEMENS and the CLIENT. The determination of such firm will be final and
binding upon CLIENT and SIEMENS. Costs for payment to such firm will be borne by the CLIENT and
SIEMENS according to the following distribution: (a) if Annual Realized Savings is determined to be less than or
equal to that claimed by CLIENT, SIEMENS shall bear the full cost; (b) if Annual Realized Savings is determined
to be greater than or equal to that claimed by SIEMENS, CLIENT shall bear the full cost; or (c) If Annual
Realized Savings is determined to be between the values claimed by CLIENT and SIEMENS, the parties shall
each be responsible for half of the full cost.
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Article 5
Work by SIEMENS
5.1 SIEMENS will perform the Work expressly described in this Agreement and in any work release documents or change
orders that are issued under this Agreement and signed by both Parties. The Work performed by SIEMENS shall be
conducted in a workmanlike manner.
5.2 SIEMENS shall perform the Work during its normal hours, Monday through Friday inclusive, excluding holidays, unless
otherwise agreed herein. The CLIENT shall make the Facility available so Work may proceed in an efficient manner.
5.3 SIEMENS is not required to conduct safety, reacceptance or other tests, install new devices or equipment or make
modifications to any Equipment unless expressly made a part of the Work identified in the Scope of Work and Services,
Exhibit A. Any CLIENT request to change the scope or the nature of the Work or Services must be in the form of a
mutually agreed change order, effective only when executed by the Parties.
5.4 All Deliverables shall become the CLIENT'S property upon receipt by CLIENT. SIEMENS may retain file copies of such
Deliverables. All Instruments shall remain SIEMENS' property. All Deliverables and Instruments provided to the CLIENT
are for Permitted Users' use and only for the purposes disclosed to SIEMENS. To the extent specified in Exhibit A,
Permitted Users shall have a right to make and retain copies of Instruments except uncompiled code, and to use all
Instruments; provided, however, that the Instruments shall not be used or relied upon by any parties other than
Permitted Users, and such use shall be limited to the Project and Facilities for which the Instruments were provided. Any
re-use of Deliverables or Instruments for other projects or locations without the written consent of SIEMENS, or use
other than by Permitted Users, will be at Permitted Users' and such other user's sole risk and without liability to
SIEMENS; and, unless expressly prohibited by law, the Permitted Users, jointly and severally, shall indemnify, defend
and hold SIEMENS harmless from any claims, losses or damages arising from such unauthorized use.
5.5 SIEMENS shall be responsible for any portion of the Work performed by any subcontractor of SIEMENS. SIEMENS
shall not have any responsibility, duty or authority to direct, supervise or oversee any contractor of the CLIENT or their
work or to provide the means, methods or sequence of their work or to stop their work. SIEMENS' work and/or presence
at the Facility shall not relieve others of their responsibility to the CLIENT or to others.
5.6 SIEMENS expressly warrants that:
(a) Unless otherwise agreed, all Equipment shall be new and of good quality. Until one year from the date the
Equipment is installed, all Equipment manufactured by SIEMENS or bearing its nameplate will be free from
defects in material and workmanship arising from normal use and service.
(b) Labor for all Work, is warranted to be free from defects in workmanship for one year after the Acceptance Date.
(c) SIEMENS warrants that the Equipment will function under the environmental and operating conditions existing
and reasonably anticipated at the Facilities as of the time of the Work.
5.7 Warranty Limitation:
(a) The limited warranties set forth in Section 5.6 will be void as to, and shall not apply to, any Equipment (i)
repaired, altered or improperly installed by any person other than SIEMENS or its authorized representative; (ii)
which the CLIENT or a third party subjects to unreasonable or improper use or storage, uses beyond rated
conditions, operates other than per SIEMENS' or the manufacturer's instructions, or otherwise subjects to
improper maintenance, negligence or accident; (iii) damaged because of any use of the Equipment after the
CLIENT has, or should have had, knowledge of any defect in the Equipment; or (iv) not manufactured,
fabricated and assembled by SIEMENS or not bearing SIEMENS' nameplate. However, SIEMENS assigns to
the CLIENT, without recourse, any and all assignable warranties available from any manufacturer, supplier, or
subcontractor of such Equipment.
(b) Any claim under the limited warranty granted above must be made in writing to SIEMENS within thirty (30) days
after discovery of the claimed defect unless discovered directly by SIEMENS. Such limited warranty only
extends to the CLIENT and not to any subsequent owner of the Equipment. The CLIENT'S sole and exclusive
remedy for any Equipment or Services not conforming with this limited warranty is limited to, at SIEMENS'
option: (i) repair or replacement of defective components of covered Equipment; (ii) re-performance of the
defective portion of the Services; or (iii) to the extent previously paid and itemized, the issuance of a credit or
refund for the original purchase price of such defective component or portion of the Equipment or Services.
(c) SIEMENS shall not be required to repair or replace more than the component(s) of the Equipment or the portion
of the Work and Services actually found to be defective. SIEMENS' warranty liability shall not exceed the
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purchase price of such item. Repaired or replaced Equipment or Services will be warranted hereunder only for
the remaining portion of the original warranty period.
5.8 THE EXPRESS LIMITED WARRANTIES PROVIDED ABOVE ARE IN LIEU OF AND EXCLUDE ALL OTHER
WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY
DISCLAIMED. THE LIMITED EXPRESS WARRANTIES AND REPRESENTATIONS SET FORTH IN THIS
AGREEMENT MAY ONLY BE MODIFIED OR SUPPLEMENTED IN A WRITING EXECUTED BY A DULY
AUTHORIZED SIGNATORY OF EACH PARTY.
5.9 SIEMENS will not be responsible for the maintenance, repair or replacement of, or Services necessitated by reason of:
(a) Non-maintainable, non-replaceable or obsolete parts of the Equipment, including but not limited to: ductwork,
shell and tubes, heat exchangers, coils, unit cabinets, casings, refractory material, electrical wiring, water and
pneumatic piping, structural supports, cooling tower fill, slats and basins, etc., unless covered by the warranty
provisions herein or otherwise specifically stated herein; or
(b) CLIENT'S or a third-party's negligence, abuse, misuse, improper or inadequate repairs or modifications,
improper operation, lack of operator maintenance or skill, corrosion, erosion, improper or inadequate water
treatment, electrolytic action, chemical action, failure to comply with manufacturer's operating and environmental
requirements, Acts of God, or other reasons beyond SIEMENS' control. Unless expressly agreed in writing,
SIEMENS is not responsible for the removal or reinstallation of replacement valves, dampers, or waterflow and
tamper switches with respect to pipes and ductwork, including vent or drain system. SIEMENS ASSUMES NO
RESPONSIBILITY FOR ANY SERVICE PERFORMED ON ANY EQUIPMENT OTHER THAN THAT
PERFORMED BY SIEMENS OR ITS AGENTS.
Article 6
The CLIENT'S Responsibilities
6.1 The CLIENT, without cost to SIEMENS, shall:
(a) Designate a contact person with authority to make decisions for the CLIENT regarding the Work and provide
SIEMENS with information sufficient to contact such person in an emergency;
(b) Coordinate the work of contractors under CLIENT'S sole control so as not to disrupt the Work and Services
proceeding in an efficient manner;
(c) Provide or arrange for 24 hour, 7 day per week access and make all reasonable provisions for SIEMENS to
enter any Facility where Work is to be performed so that Work may proceed in an efficient manner;
(d) Permit SIEMENS to control and/or operate all building controls, systems, apparatus, equipment and machinery
necessary to perform the Work;
(e) Furnish SIEMENS with blueprints, surveys, legal descriptions, waste management plans and all other available
information pertinent to the Work and any Facility where the Work is to be performed as may be reasonably
requested by SIEMENS. Such plans and blueprints, along with an executed copy of this Agreement, with its
Exhibits, shall be kept and maintained in CLIENT'S files for the duration of the Agreement;
(f) Assist SIEMENS with all approvals, permits and consents from government authorities and others as may be
required for performance of the Work;
(g) In accordance with Article 11 hereof, promptly notify SIEMENS of all known or suspected Hazardous Materials
at the Facility, of any contamination of the Facility by Oil or Hazardous Material, and of any other conditions
requiring special care or which may reasonably be expected to affect the Work, and provide SIEMENS with any
available documents describing the quantity, nature, location and extent of such materials, contamination or
conditions;
(h) Comply with all laws and provide any notices required to be given to any government authorities in connection
with the Work, except such notices SIEMENS has expressly agreed in writing to give;
(i) Provide SIEMENS with legally required materials and information (including but not limited to Material Safety
Data Sheets) related to all Hazardous Materials located at any Facility where the Work is to be performed;
Q) Furnish SIEMENS with any contingency plans, safety programs and other policies, plans or programs related to
any Facility where the Work is to be performed;
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(k) Operate, service and maintain all Equipment according to the manufacturer's recommendations including those
set forth in the manufacturer's operating manuals or instructions, as well as all requirements of Applicable Law
or of authorities having jurisdiction. The CLIENT shall furnish all needed servicing and parts for said FIMs, which
parts shall become part of the FIMs. Such Equipment shall be operated only in the specified operating
environment, which shall be supplied by the CLIENT, including without limitation: (1) suitable electrical service,
including clean, stable, properly conditioned power, to all Equipment; (2) telephone lines, capacity and
connectivity as required by such Equipment; and (3) heat, light, air conditioning or other environmental controls,
and other utilities in accordance with the specifications for the Equipment;
(1) Promptly notify SIEMENS of any unusual operating conditions, hours of usage, system malfunctions, installed
equipment or building alterations that may affect the Equipment or energy usage or any Services; and,
(m) If applicable, provide and pay for a dedicated voice grade dial-up phone line, or a mutually agreed
communication method, and install a terminal block, or an equivalent communication mechanism, in a mutually
agreed upon location. All on-line service Equipment (excluding the phone line) will remain the property of
SIEMENS unless otherwise stated herein.
6.2 The Parties acknowledge that the CLIENT, as a political subdivision of the State of Florida, is subject to Chapter 119 of
the Florida Statutes, which may require the release of information contained in this Agreement. If such a "FOIK request
is made, CLIENT will provide prompt verbal and written notice to SIEMENS, so that SIEMENS has adequate opportunity
to dispute or challenge the FOIA request as allowed by statute.
6.3 The CLIENT acknowledges that it is now and shall at all times remain in control of the Facility. Except as expressly
provided herein, SIEMENS shall not be responsible for the adequacy of the health or safety programs or precautions
related to the CLIENT'S activities or operations, the CLIENT'S other contractor(s), the work of any other person or entity,
or Facility conditions. SIEMENS shall not be responsible for inspecting, observing, reporting or correcting health or
safety conditions or deficiencies of the CLIENT or others at the Facility. So as not to discourage SIEMENS from
voluntarily addressing health or safety issues while at the Facility, in the event SIEMENS does address such issues by
making observations, reports, suggestions or otherwise, the CLIENT shall not hold, or attempt to hold, SIEMENS liable
or responsible on account thereof.
6.4 SIEMENS acknowledges that the CLIENT must maintain compliance with all existing and future permits relating to the
operation and treatment performance of treatment systems at the Facilities. Further, SIEMENS acknowledges that
CLIENT'S current operations may result in treatment performance significantly exceeding that required by current
versions of such permits in anticipation of more stringent future regulation. No Work performed by SIEMENS either
during the course of the installation of FIMs or in the performance of Services provided in conjunction with the MSP or
PASP shall in any way be allowed to reduce the current level of treatment performance (which is detailed in Article 5 of
Exhibit C) achieved by CLIENT'S current operations, except as CLIENT may allow in writing on a temporary basis.
Should any of SIEMENS' Work be determined to have such a negative impact, costs arising from the CLIENT'S
elimination of such impacts shall be deducted from the Annual Realized Savings for the Annual Period(s) in which the
costs occurred. Any dispute with regard to the impact of such performance-impacting Work shall be resolved as part of
the resolution process described in Section 4.13.
Article 7
Changes and Delays
7.1 As the Work is performed, existing laws or conditions may change, or circumstances outside SIEMENS' reasonable
control may develop, which would require SIEMENS to expend additional costs, effort or time to complete the Work, in
which case SIEMENS will notify the CLIENT and an equitable adjustment will be made to SIEMENS' compensation and
the time for performance. In the event such changes require the Work to be suspended or terminated, SIEMENS shall
be compensated for Work previously performed and for costs reasonably incurred in connection with the suspension or
termination.
7.2 Either party may request additions, deletions, modifications or changes to the Work. Any such requests shall only
become effective upon execution of a written agreement by authorized representatives of both Parties.
7.3 SIEMENS may, in its sole discretion, substitute alternative parts, goods or equipment in the performance of the Work,
provided that any such substitution shall be of an equal or better quality.
7.4 SIEMENS shall not be responsible for loss, delay, injury, damage or failure of performance that may be caused by
circumstances beyond its control, including but not restricted to acts or omissions by the CLIENT or its employees,
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agents or contractors, Acts of God, war, civil commotion, acts or omissions of government authorities, fire, theft,
corrosion, flood, water damage, lightning, freeze-ups, strikes, lockouts, differences with workmen, riots, explosions,
quarantine restrictions, delays in transportation, or shortage of vehicles, fuel, labor or materials. In the event of such
delay or failure, the time for performance shall be extended by a period equal to the time lost plus a reasonable recovery
period and the compensation shall be equitably adjusted to compensate for additional documented costs SIEMENS
incurs due to such delay. If any such delay exceeds sixty (60) days, SIEMENS may terminate this Agreement upon three
(3) business days notice to the CLIENT and the CLIENT shall promptly pay SIEMENS for the allocable portion of the
Work completed, for any documented costs and expenses of termination, and for any loss or damage incurred with
respect to materials, equipment, tools and machinery, including reasonable overhead and profit.
7.5 If any delay or series of delays within CLIENT'S control extend beyond fifteen (15) business days, CLIENT may, at its
sole option, reimburse SIEMENS for additional costs resulting therefrom.
Article 8
Compensation
8.1 The aggregate amount paid by CLIENT provides for and is solely in consideration of the Scope of Work and
Services described in Exhibit A, and is detailed in Exhibit B.
8.2 SIEMENS will invoice the CLIENT in accordance with the schedules set forth in Exhibit B. Unless otherwise
agreed in writing, invoices are due and payable upon receipt by the CLIENT. If the CLIENT disagrees with any
portion of an invoice, it shall notify SIEMENS in writing of the amount in dispute and the reason for its
disagreement within 21 days of receipt of the invoice, and shall pay the portion not in dispute.
8.3 Except for amounts in dispute:
(a) SIEMENS may suspend or terminate the Work or Services at any time if payment is not received when due. In such
event, SIEMENS shall be entitled to compensation for the Work or Services previously performed and for documented
costs reasonably incurred in connection with the suspension or termination.
(b) On amounts not paid within thirty (30) days of invoice date, the CLIENT shall pay interest from invoice date until
payment is received at the lesser of 12% per annum or the maximum rate allowed by law. The CLIENT shall reimburse
SIEMENS for SIEMENS' costs and expenses (including reasonable attorney and witness fees) incurred for collection
under this Agreement.
8.5 Except to the extent expressly agreed herein, SIEMENS' fees do not include any taxes, excises, fees, duties or other
government charges related to the Work or Services. The CLIENT shall pay such amounts or reimburse SIEMENS for
any such amounts SIEMENS pays to the extent such charges are lawfully due and payable by CLIENT and have been
paid or incurred by SIEMENS in furtherance thereof. If the CLIENT claims that the Work or Services is subject to a tax
exemption or direct payment permit, it shall provide SIEMENS with a valid exemption certificate or permit and, unless
specifically prohibited by law, shall indemnify, defend and hold SIEMENS harmless from any taxes, costs and penalties
arising out of the use or acceptance of same.
8.6 All other work or services requested by the CLIENT, including but not limited to the following, shall be separately billed or
surcharged on a time and materials basis:
(a) Emergency services, if inspection does not reveal any deficiency covered by the Scope of Work and Services,
Exhibit A;
(b) Work and/or services performed at times other than during SIEMENS' normal working hours, unless otherwise
agreed to in Exhibit A; or
(c) Work and/or services performed on equipment not covered by the Scope of Work and Services, Exhibit A.
Article 9
Acceptance
9.1 Prior to Substantial Completion SIEMENS shall perform acceptance testing as follows:
(a) SIEMENS shall give CLIENT at least five (5) business days' notice that acceptance testing is scheduled so CLIENT
Representative may observe the testing. SIEMENS shall
cooperate with the CLIENT Representative, who will verify SIEMENS' findings.
(b) For each FIM, SIEMENS will perform testing of the operating and treatment performance variables
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listed in Article 5 of Exhibit C (Baseline Data).
(c) The results of testing shall show the FIMs' performance to match or improve upon the Baseline. Should any
testing prove otherwise SIEMENS shall, at its option, either:
(1) Provide additional Work as necessary to correct the deficiency such that re-testing proves performance
matches or improves upon the Baseline;
(2) Allow CLIENT to take corrective operating action to improve performance back to Baseline conditions
and accept the cost of such action as a deduct to Annual Realized Savings for all future Annual Periods of the
Performance Guarantee during which such corrective action is required; or
(3) Provide a one-time credit in an amount acceptable to CLIENT as compensation for the reduced Facility
performance.
9.2 When SIEMENS believes that all, or an independent, definable phase or portion, of the Work is Substantially Complete,
SIEMENS will submit a Certificate of Substantial Completion to the CLIENT which shall be subject to the following:
(a) If the CLIENT concurs that the described portion of the Work as performed is Substantially Complete, the CLIENT will
accept that Work by signing the Certificate of Substantial Completion and returning it to SIEMENS;
(b) If the CLIENT does not concur that the Work is Substantially Complete, then the CLIENT shall notify SIEMENS within
twenty (20) business days of any discrepancies;
(c) To the extent SIEMENS does not dispute the discrepancies raised by the CLIENT, SIEMENS shall correct the Work to
conform to the description of the Work set forth herein, and resubmit the Certificate of Substantial Completion to the
CLIENT;
(d) If SIEMENS disagrees with the discrepancies raised by the CLIENT, SIEMENS shall notify the CLIENT of a dispute
and such dispute shall be resolved in accordance with Section 9.4 herein;
(e) If the CLIENT Representative does not deliver written notice to SIEMENS within twenty (20) business days of
receiving the Certificate of Substantial Completion, in the mutual interests of the Project proceeding in a timely
manner, the CLIENT will be deemed to have agreed to, signed and returned the Certificate of Substantial Completion.
93 To the extent that this Project requires multiple Certificates of Substantial Completion, the final Certificate of Substantial
Completion shall determine the date on which the Construction Period is completed.
9.4 Any disputes concerning the Substantial Completion of the Work will be resolved by submitting the issue to a third party
professional engineering firm and which is reasonably acceptable to both SIEMENS and the CLIENT. The determination
of this firm with respect to completion or Substantial Completion will be final and binding upon the Parties. If the dispute
is resolved in favor or SIEMENS, then CLIENT shall bear the full cost of payment to such firm; if the dispute is resolved
in favor or CLIENT, then SIEMENS shall bear the full cost of payment to such firm.
Article 10
Insurance and Allocation of Risk
10.1 SIEMENS shall maintain, at SIEMENS' expense, the following insurances while performing the Work and shall add the
CLIENT as an "Additional Insured" to each policy that is referenced in subsections (c) through and including (e) hereof:
(a) Workers' Compensation at the statutory amounts and limits as prescribed by Applicable Law.
(b) Employer's Liability insurance (and, where applicable, Stop Gap extended protection endorsement) limits of
liability shall be:
• $1,000,000 per occurrence
• $1,000,000 Disease Policy
• $1,000,000 Each Employee
(c) SIEMENS shall carry, in the Occurrence Coverage Form, Comprehensive General Liability or Commercial
General Liability, insurance covering SIEMENS' operations and providing insurance for bodily injury and
property damage with limits of liability stated below and including coverage for:
• Products and Completed Operations
• Contractual Liability insuring the obligations assumed by SIEMENS in this Agreement
• Broad Form Property Damage (including Completed Operations)
• Explosion, Collapse and Underground Hazards
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• Personal Injury Liability:
-- Limits of liability shall be $1,000,000 per occurrence/aggregate
(d) SIEMENS shall carry Automobile Liability Insurance in the Occurrence Coverage Form covering all owned, hired
and non-owned automobiles and trucks used by or on behalf of SIEMENS providing insurance for bodily injury
liability and property damage liability for the limits of:
$1,000,000 per occurrence/aggregate
(e) SIEMENS shall carry Excess Liability Insurance in the Occurrence Coverage Form with limits of:
• $5,000,000 per occurrence/aggregate
(f) SIEMENS agrees to maintain Professional (Errors & Omissions) Liability at a limit of liability not less than
$1,000,000. For policies written on a claims made basis, SIEMENS agrees to maintain a retroactive date prior
to or equal to the effective date of the contract. In the event the policy is cancelled, non-renewed, switched to
an Occurrence Form, retroactive date advanced, or any other event triggering the right to purchase a
Supplemental Extended Reporting Period (SERP) during the life of any resulting contract, SIEMENS agrees to
purchase a SERP with a minimum reporting period of two (2) years.
(g) SIEMENS shall utilize subcontractors that provide insurance coverage equal to half of the amounts required
of SIEMENS in subsections (a) through (d) above, plus $1,000,000 per occurrence/aggregate for Excess
Liability Insurance in Occurrence Coverage Form. If SIEMENS utilizes a subcontractor that has failed to
obtain the appropriate insurance coverage, SIEMENS shall be responsible for providing insurance coverage
on behalf of such entity conducting Work pursuant to this Agreement.
(h) The CLIENT and SIEMENS waive all rights against each other and any of their subcontractors, sub-
subcontractors, agents and employees for damages caused by fire or other causes of loss to the extent
covered by the insurance required by this section and for any other property insurance applicable to the
Work, except such rights as they have to proceeds of such insurance held by the CLIENT as fiduciary.
SIEMENS shall provide a waiver of subrogation which shall be effective as to a person or entity even
though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did
not pay the insurance premium directly or indirectly, and whether or not the person or entity had an
insurable interest in the property damaged. Insurance certificates shall be furnished upon request.
10.2 SIEMENS will either maintain at its own expense, or self-insure for the equivalent risks, property insurance written on a
builder's "all-risk" or equivalent policy form in an amount no less than the Price identified in Exhibit B, Article 1.1, plus the
value of subsequent modifications and cost of materials supplied or installed by others, on a replacement cost basis
without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract
Documents or otherwise agreed in writing by SIEMENS, until final payment has been made to SIEMENS or no person or
entity other than the CLIENT has an insurable interest in the property, whichever is later. The policy form shall include
without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including,
without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework,
testing and start-up, rebuilding and debris removal including demolition occasioned by enforcement of any applicable
legal requirements, and shall cover reasonable compensation for SIEMENS' services and expenses required as result of
such insured loss. If the insurance requires deductibles or retentions, SIEMENS shall pay costs not covered because of
such deductibles or retentions. This insurance shall cover portions of the Work off the Facility, and also portions of the
Work in transit. Partial occupancy or use shall not commence unless the insurance company providing this insurance
has consented to such partial occupancy or use by endorsement for otherwise. If applicable to the Work, SIEMENS shall
purchase and maintain boiler and machinery insurance which shall specifically cover such insured objects during
installation and until Acceptance by the CLIENT. The insurance required by this section shall include the interests of the
CLIENT, SIEMENS, subcontractor(s) and sub-subcontractor(s) in the Work.
10.3 Title and risk of loss of materials and Equipment furnished by SIEMENS shall pass to the CLIENT upon their delivery to
the Facility, and the CLIENT shall be responsible for protecting them against theft and damage.
10.4 SIEMENS will indemnify the CLIENT from and against losses, claims, expenses and damages (including reasonable
attorney's fees) for personal injury or physical damage to property (collectively "Damages"). Such indemnification shall
be solely to the extent the Damages are caused by or arise directly from SIEMENS or its employees', consultants' or
agents' negligent acts or omissions or willful misconduct in connection with SIEMENS' performance of the Work or
Services. SIEMENS' obligations under this indemnity shall not extend to Damages arising out of or in any way
attributable to the negligence of the CLIENT or its agents, contractors or employees. SIEMENS reserves the right to
control the defense and settlement of any claim for which SIEMENS has an obligation to indemnify hereunder. UNLESS
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CONTRARY TO APPLICABLE LAW, IN NO EVENT SHALL THE CLIENT OR SIEMENS BE LIABLE UNDER THIS
INDEMNITY OR OTHERWISE UNDER THIS AGREEMENT FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING COMMERCIAL LOSS, LOSS OF USE, OR LOST
PROFITS, HOWEVER CAUSED, EVEN IF SIEMENS OR THE CLIENT HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, AND, IN ANY EVENT, UNLESS CONTRARY TO APPLICABLE LAW, SIEMENS' AGGREGATE
LIABILITY FOR ANY AND ALL CLAIMS, LOSSES OR EXPENSES ARISING OUT OF THIS AGREEMENT, OR OUT
OF ANY GOODS OR SERVICES FURNISHED UNDER THIS AGREEMENT, WHETHER BASED IN CONTRACT,
NEGLIGENCE, STRICT LIABILITY, AGENCY, WARRANTY, TRESPASS, INDEMNITY OR ANY OTHER THEORY OF
LIABILITY, SHALL BE LIMITED TO $10,000,000. The preceding limit shall not apply to the CLIENT'S remedy under the
Performance Guarantee as such is limited by Section 4.8, and nothing herein shall be construed as waiver by CLIENT of
any immunity or limitation of liability the CLIENT may be entitled to under the doctrine of sovereign immunity or Section
768.28 of the Florida statutes.
10.5 As to Patents and Copyrights:
(a) SIEMENS will, at its own expense, defend or at its option settle any suit or proceeding brought against the
CLIENT in so far as it is based on an allegation that any Work (including parts thereof), or use thereof for its
intended purpose, constitutes an infringement of any United States patent or copyright, if SIEMENS is promptly
provided notice and given authority, information, and assistance in a timely manner for the defense of said suit
or proceeding. SIEMENS will pay the damages and costs awarded in any suit or proceeding so defended.
SIEMENS will not be responsible for any settlement of such suit or proceeding made without its prior written
consent. In case the Work, or any part thereof, as a result of any suit or proceeding so defended is held to
constitute infringement or its use by the CLIENT is enjoined, SIEMENS will, at its option and its own expense,
either: (i) procure for the CLIENT the right to continue using said Work; (ii) replace it with substantially
equivalent non-infringing Work; or (iii) modify the Work so it becomes non-infringing.
(b) SIEMENS will have no duty or obligation to the CLIENT under Section 10.5(a) to the extent that the Work is: (i)
supplied according to the CLIENT'S design or instructions, wherein compliance therewith has caused SIEMENS
to deviate from its normal course of performance; (ii) modified by the CLIENT or its contractors after delivery; or,
(iii) combined by the CLIENT or its contractors with items not furnished hereunder, and by reason of said design,
instruction, modification, or combination, a suit is brought against the CLIENT. If by reason of such design,
instruction, modification or combination, a suit or proceeding is brought against SIEMENS, unless expressly
prohibited by law, the CLIENT shall protect SIEMENS in the same manner and to the same extent that
SIEMENS has agreed to protect the CLIENT under the provisions of Section 10.5(a) above.
(c) THIS SECTION 10.5 IS AN EXCLUSIVE STATEMENT OF ALL THE DUTIES OF THE PARTIES RELATING
TO PATENTS AND COPYRIGHTS, AND DIRECT OR CONTRIBUTORY PATENT OR COPYRIGHT AND OF
ALL THE REMEDIES OF THE CLIENT RELATING TO ANY CLAIMS, SUITS, OR PROCEEDINGS
INVOLVING PATENTS AND COPYRIGHTS. Compliance with Section 10.5 as provided herein shall constitute
fulfillment of all liabilities of the Parties under the Agreement with respect to the intellectual property
indemnification.
10.6 The Parties acknowledge that the price for which SIEMENS has agreed to perform the Work and obligations under this
Agreement was calculated based upon the foregoing allocations of risk, and that each Party has expressly relied on and
would not have entered into this Agreement but for such allocations of risk.
Article 11
Hazardous Materials Provisions
11.1 The Work does not include directly or indirectly performing or arranging for the detection, testing, handling, storage,
removal, treatment, transportation, disposal, monitoring, abatement or remediation of any contamination of any Facility at
which Work is performed and any soil or groundwater at the Facility by petroleum or petroleum products (collectively
called "Oil"), asbestos, PCBs or hazardous, toxic, radioactive or infectious substances, including any substances
regulated under RCRA, CERCLA or any other federal, state or local environmental laws, regulations, statutes, rules,
standards or ordinances (collectively called "Hazardous Materials"), including without limitation: ionization smoke
detectors, ballasts (except those indicated as part of the Scope of Work), mercury bulb thermostats, used oil,
contaminated filters, contaminated absorbents, and refrigerant. Except as expressly disclosed pursuant to Section 11.2,
the CLIENT represents and warrants that, to the best of its knowledge following due inquiry, there are no Hazardous
Materials or Oil present where the Work is to be performed. SIEMENS will notify the CLIENT immediately if it discovers
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or reasonably suspects the presence of any previously undisclosed Oil or Hazardous Material. All Services have been
priced and agreed to by SIEMENS in reliance on the CLIENT'S representations as set forth in this Article. The discovery
or reasonable suspicion of Hazardous Materials or hazardous conditions at a Facility where SIEMENS is to perform
Work, or of contamination of the Facility by Oil or Hazardous Materials not previously disclosed pursuant to Section 11.2,
shall entitle SIEMENS to suspend the Work immediately, subject to mutual agreement of terms and conditions
applicable to any further Work, or to terminate the Work and to be paid for Work previously performed.
11.2 The CLIENT warrants that, prior to the execution of the Agreement, it notified SIEMENS in writing of any and all Oil or
Hazardous Materials, to the best of its knowledge following due inquiry, known to be present, potentially present or likely
to become present at the Facility and provided a copy of any Facility safety policies and information, including but not
limited to lock-out and tag procedures, chemical hygiene plan, material safety data sheets, and other items covered or
required to be disclosed or maintained by federal, state, or local laws, regulations or ordinances.
11.3 Regardless of whether Oil or Hazardous Material was disclosed pursuant to Section 11.2, the CLIENT shall be solely
responsible for properly testing, abating, encapsulating, removing, disposing, remedying or neutralizing such Oil or
Hazardous Materials, and for the costs thereof. Even if an appropriate change order has been entered into pursuant to
Section 11.1, SIEMENS shall have the right to stop the Work until the Facility is free from Oil or Hazardous Materials. In
such event, SIEMENS will receive an equitable extension of time to complete the Work, and compensation for delays
caused by Oil or Hazardous Materials remediation. In no event shall SIEMENS be required or construed to take title,
ownership or responsibility for such Oil or Hazardous Materials. The CLIENT shall sign any required waste manifests in
conformance with all government regulations, listing the CLIENT as the generator of the waste. If someone other than the
CLIENT is the generator of the waste, the CLIENT shall arrange for such other person to sign such manifests.
11.4 Except where expressly prohibited by law, for separate consideration of $10 and other good and valuable consideration,
the receipt and adequacy of which are hereby acknowledged, the CLIENT shall indemnify, defend and hold SIEMENS
harmless from and against any damages, losses, costs, liabilities or expenses (including attorneys' fees) arising out of
any Oil or Hazardous Materials or from the CLIENT'S breach of, or failure to perform its obligations under this Article.
11.5 For purposes of this Article 11, in the context of the phrase "to the best of its knowledge following due inquiry";
"knowledge" means actual awareness of the facts by the CLIENT'S directors, officers, employees or agents, or the
presence of relevant information contained in the CLIENT'S books or records; and, "due inquiry" means inquiry of those
persons under the CLIENT'S control who should have knowledge of the subject matter of such inquiry.
Article 12
Miscellaneous Provisions
12.1 Notices between the Parties shall be in writing and shall be hand-delivered or sent by certified mail, express courier, or
acknowledged telefax properly addressed to the appropriate party. Any such notice shall be deemed to have been
received when delivered in-person or when sent by telefax, or five (5) business days subsequent to deposit in the U.S.
mails, or one (1) day after deposit with express courier.
12.2 Neither the CLIENT nor SIEMENS shall assign or transfer any rights or obligations under this Agreement, except that
either party may assign this Agreement to its affiliates and SIEMENS may use subcontractors in the performance of the
Work or Services. Nothing contained in this Agreement shall be construed to give any rights or benefits to anyone other
than the CLIENT and SIEMENS without the express written consent of both Parties.
12.3 This Agreement shall be governed by and construed in accordance with the laws of the state or commonwealth within
which the Facilities are located.
12.4 This Agreement and all provisions of this Agreement allocating responsibility or liability between the Parties shall
survive the completion of the Work, the Services, and the termination of this Agreement.
12.5 Unless contrary to Applicable Law and with the exception of disputes arising under Article 4 or Article 9, all disputes not
resolved by negotiation between the Parties shall be resolved in accordance with the Commercial Rules of the American
Arbitration Association in effect at that time, except as modified herein. All disputes shall be decided by a single
arbitrator. A decision shall be rendered by the arbitrator no later than nine months after the demand for arbitration is filed,
and the arbitrator shall state in writing the factual and legal basis for the award. No discovery shall be permitted. The
arbitrator shall issue a scheduling order that shall not be modified except by the mutual agreement of the Parties. The
arbitrator shall have no authority to award, and shall not award, attorneys' fees. Judgment may be entered upon the
award in the highest state or federal court having jurisdiction over the matter.
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PERFORMANCE CONTRACTING AGREEMENT
12.6 SIEMENS' performance of the Work and Services is expressly conditioned on the Parties assenting to all of the terms
of this Agreement, notwithstanding any different or additional terms contained in any writing at any time submitted or to
be submitted by a Party to the other Party relating to the Work or Services, even if signed by the Parties, unless the
written statement expressly indicates that such terms supersede the terms of this Agreement
12.7 Any provision of this Agreement found to be invalid, unlawful or unenforceable by a court of law shall be ineffective to
the extent of such invalidity, and deemed severed herefrom, without invalidating the remainder of this Agreement. All
other provisions hereof shall remain in full force and effect.
12.8 The waiver by a party of any breach by the other party of any term, covenant or condition hereof shall not operate as a
waiver of any subsequent breach hereof. No waiver shall operate or be effective unless made in writing and executed by
the party to be bound thereby.
12.9 In the event that Applicable Law or the CLIENT requires that SIEMENS procure a performance bond and/or a payment
bond, SIEMENS shall provide a performance and payment bond for the Price identified in Section 1.1 of Exhibit B. The
performance and payment bond will solely apply to the Work performed during the Construction Period and to the
required statutory lien filing period thereafter. The performance and payment bond will not apply to any of the obligations
included in the Performance Assurance, Exhibit C. Furthermore, the CLIENT'S funding source may be named as "Co-
Obligee" on the performance bond if so requested by the CLIENT.
Article 13
Maintenance Services Program
13.1 If applicable, the scope of Services provided by SIEMENS for the Maintenance Services Program is stated in Exhibit A.
13.2 Intentionally omitted.
13.3 If the Equipment is altered or moved by any person, including the CLIENT, other than SIEMENS or a person authorized
by SIEMENS, the CLIENT shall immediately notify SIEMENS in writing, and SIEMENS reserves the right to perform a
reacceptance test on, or if necessary a re-commissioning of, the system consistent with the provisions of Section 4.10,
above.
13.4 Intentionally omitted.
13.5 If the removal of Equipment from coverage would compromise or impair the integrity of the Work, Services or
compliance with law of any system, then SIEMENS will provide a written statement thereof for execution by the CLIENT.
The CLIENT'S failure to execute such statement within ten (10) days will void the MSP and release SIEMENS from any
further obligations with respect to the MSP.
13.6 If the MSP scope of Services provides for Equipment maintenance, repairs and/or replacements of Equipment by
SIEMENS, those Services are limited to restoring the proper working condition of such Equipment. SIEMENS will not be
obligated to provide replacement Equipment that represents significant capital improvement compared to the original.
Exchanged components become the property of SIEMENS, except Hazardous Materials, which under all circumstances
remain the property and responsibility of the CLIENT.
Page 18 of 18
Agreement - CUSTOM PCA-100 PUBLIC version 2009R
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
Article 1: Scope of Work
Description: Except as otherwise expressly provided herein, SIEMENS shall provide each
and every item of cost and expense necessary for the FIMs described below:
1.0: Northeast APCF - F/M #1- Odor Control
This FIM includes the following:
SIEMENS shall furnish and install a complete "once-through two-stage", pre-piped,
wired, and packaged UNITARY CONSTRUCTION odor control system, including two
integral treatment stages, exhaust fan, valves, fittings, ductwork, and all other
equipment and accessories as specified to provide a complete and functioning system.
The biological treatment stage shall utilize an inorganic expanded clay media to
facilitate absorption and adsorption of odor compounds. The polishing stage shall
utilize a virgin activated carbon polishing media that shall be specifically designed to
adsorb odorous compounds with the ability to support biological degradation of the
compounds. The first stage shall operate with an independently controlled irrigation
system to maintain optimum wetted conditions to support unique microbial growth for
biological destruction of the odorous compounds and removal of toxic metabolites.
Systems using any type of organic media and systems using a single inorganic media
shall not be used.
SIEMENS shall furnish and install Hallsten aluminum covers for the two (2) primary
clarifiers and four (4) thickeners.
Equipment to be installed includes Biological Odor Control System:
Each ZABOCSO odor control system consists of the following major
components:
a. Premium FRP, multi-stage odor control module
b. Expanded clay media for treatment of inorganic odors (H2S)
c. Coal based virgin media for treatment of inorganic and organic odors
d. Irrigation system
e. Air distribution system
f. Electrical control panel
g. Water control cabinet
h. Nutrient addition system including the nutrient pump
i. Air exhaust fan
j. Interconnecting piping and exhaust stack
Mechanical
a. Biofilter - Install biological odor control system in location near the primary
clarifiers and the headworks of the plant. See Reference Dwg. Siemens
Water Technologies Dwg No. M10-135.6000-G1.dwg - General
Arrangement Drawing for Model ZB.
b. Water Supply - a 3/4 inch water supply with backflow preventer are required.
Water supply must provide for a minimum of 30 psi continuous pressure at 6
GPM and a hardness not to exceed 200 mg/L as calcium carbonate.
c. Drain - a minimum 2 inch P.V.C. gravity drain to sewer with a barometric trap
is required.
• Electrical: BioFilter Power Feed - 480 VAC, 3-phase service is required
• Instrumentation: Local Control Panel - INSTALLATION NOT REQUIRED DUE TO
FACTORY MOUNTEDNVIRED ON BLOWER SKID.
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Exhibit A - Scope of Work and Services v.060611
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
The Work shall be performed in accordance with the following specifications, drawings
and other attachments hereto, which are specifically incorporated herein and made part
hereof:
a. Siemens Water Technologies Dwg. No.
Arrangement Drawing for Model ZB-600
b. Siemens Water Technologies Dwg No
System Process Flow Diagram
2.0: Northeast APCF- FIM #2 - Indoor/Outdoor Uohtingr
Lighting Retrofit / Lighting Occupancy Sensors
M10-135.6000-G1.dwg - General
M10-135-60000-P1.pdf - Zabocs
Except as otherwise expressly provided herein, SIEMENS shall install 28-Watt premium
efficiency T-8 lamps and high efficiency ballasts in place of all existing 32-Watt T-8 lamps and
standard electronic ballasts.
Lighting occupancy sensors will be installed in all offices, break rooms, and restrooms where
occupancy varies and lighting runtime reduction opportunities are present. The occupancy
sensors are dual technology, which use a combination of infrared and ultrasonic sensors. The
occupancy sensors will be programmed to turn off lighting in a specified area after a 10 minute
period of no occupancy.
The scope of work of this FIM only includes replacement of ballasts and lamps, installation of
selected fixtures, luminaire disconnects, selected lamp holders, and the installation of lighting
occupancy sensors. Replacement of missing or broken lenses is not included in this scope of
work.
A description of all lighting retrofits, lighting counts, and Equipment information can be found in
the Detailed Energy Audit attached as Exhibit E to this Agreement.
3.0: Northeast APCF - FIM #3 - Dewaterin - Centrifu es
This FIM includes the following:
• Install, test, and place into satisfactory operation the new Centrifuge Dewatering
System as specified herein. SIEMENS shall install all equipment identified below with
the exception of the items demarcated as spares.
• Refurbish one (1) existing belt filter press as specified herein and identified below.
• Refurbish the belt conveyors as specified herein and identified below.
• Install, test, and place into satisfactory operation new polymer feed system at the
Facility as specified herein.
• SIEMENS shall maintain the Facility's dewatering operation at all times during the
Construction Period.
• The centrifuge dewatering system to be installed is one (1) Andritz Model DSLL with
accessories and controls. The centrifuge, motors, electrical, controls, instruments,
and appurtenances shall be installed by SIEMENS in accordance with the
instructions of the manufacturer. SIEMENS shall use associated Reference
Documents (defined below) for installation. All piping shall be supported so as to
preclude the possibility of exerting undue forces and movements on the centrifuge
flanges. Each centrifuge shall be installed on concrete supports with isolators in
accordance with the recommendations of the manufacturer. SIEMENS shall furnish
all necessary appurtenances, including but not be limited to, piping, pipe supports,
gaskets, bouts, and nuts, for the complete installation of the centrifuge dewatering
system and furnish all oil, and grease for initial operation in accordance with the
manufacturer's recommendations.
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Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services
v.060611
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
One (1) existing belt filter press is to be refurbished on-site as backup to the
centrifuge dewatering system to meet Class I reliability. SIEMENS shall use
associated Reference Documents for refurbishment. SIEMENS shall furnish all
necessary appurtenances.
Two (2) 24-in x 25-ft-8-in belt conveyor, one (1) 18-ft-6-in reversible belt conveyor,
two (2) 20-ft shuttle belt conveyors and one (1) screw conveyor are to be refurbished
on-site at the Northeast APCF. SIEMENS shall use associated Reference
Documents for refurbishment. SIEMENS shall furnish all necessary appurtenances.
The polymer feed system to be installed is up to two (2) VeloDyne VeloBlend Series
completed polymer feed system and appurtenances at Northeast APCF. The polymer
feed system, electrical, controls, instruments, and appurtenances shall be installed by
SIEMENS in accordance with the instructions of the manufacturer. SIEMENS shall
use associated Reference Documents for installation. SIEMENS shall install the
interconnecting piping with the existing VeloBlend polymer feed system with isolate
valves. Each polymer feed system shall be installed in accordance with
recommendations of the manufacturer. SIEMENS shall furnish all necessary
appurtenances, including but not be limited to piping, pipe supports, valves, gasket,
bolts and nuts, oil and grease, for initial operation in accordance with manufacturer's
recommendations.
"Reference Documents":
• Design drawings and specifications
• Field Photos: depicting pre-construction conditions at each Facility.
Equipment to be installed:
1. Centrifuge Dewatering System
a. Major Components installed as a unit
¦ Bowl and bowl cover
¦ 100 HP main drive motor
¦ 20 HP back drive system
¦ Discharge chute and connections
¦ Polymer and wash water injection
¦ Speed reducer
Base
• Main centrifuge bearings
• Sample taps
¦ Isolators
• Control panels with VFD and PLC controller
¦ Diverter gate
b. Shipped Loose Accessory Components, to be installed separately in
field.
¦ Fasteners
¦ Instruments
¦ Spare parts -- manufacturer-recommended spare parts
¦ Special tools
2. Polymer Feed System
a. Major Components installed as a unit
• Skid mounted system with control panel and PLC controller
b. Shipped Loose Accessory Components, to be installed separately in
field
¦ Valves
¦ Spare Parts in clearly identified containers
o One (1) mechanical seal or packing per pump
o One (1) set of mixing chamber o-rings
o One (1) mixing chamber injection check valve
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Exhibit A - Scope of Work and Services v.060611
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
o One (1) pump stator
Equipment to be refurbished on-site includes the following:
1. Belt Filter Press
• Replace wear strip grid system in the gravity and wedge zones
¦ Replace table rolls (8 of them will be reused)
• Replace corroded upper and lower tension brackets
¦ Replace corroded sidewall support brackets
• Perform all incidental work
2. Conveyors
• 24-in-x-25ft-8-in conveyor
¦ refurbish the drive drum
¦ replace pillow block bearings
¦ refurbish take-up drum
¦ replace take-up drum bearings
¦ replace motor (1 hp 1740 rpm)
¦ replace gear reducer
• replace motor mount
• replace V-belt
¦ replace belt scraper
¦ replace schedule 80 PVC idlers and end caps
¦ replace shafts
¦ replace vulcanized belt.
¦ replace SS drive shaft and tail shaft
¦ replace SS althread rods
¦ replace brass nuts
¦ perform all incidental work
3. Reversible Belt Conveyor
¦ replace motor (1 hp)
¦ replace double reduction-gear reducer
¦ refurbish drive drum
¦ replace drive bearings
¦ replace V-belt
¦ replace pillow block bearings
¦ replace 3-in schedule 80 PVC idlers and end caps
¦ replace SS shafts
¦ refurbish take-up drum
¦ replace take-up bearings
¦ replace althread rod
¦ replace brass nuts
¦ replace 38-ft two-ply vulcanized belt
¦ perform all incidental work
4. Shuttle Belt Conveyor
¦ replace SS angles
¦ replace pillow block bearings
¦ replace SS shafts
¦ replace 3-in PVC idlers and end caps
¦ replace Y.-hp and 1-hp motors
¦ replace reducer and base kit
o replace sprockets
¦ replace SS chain
¦ refurbish drive drum
¦ refurbish take-up drum
¦ replace take-up bearings
¦ replace althread rods
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Exhibit A - Scope of Work and Services v.060611
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
¦ replace bronze nuts
¦ replace SS hex head bolts
¦ replace SS flat and lock washers
¦ perform all incidental work
Screw Conveyor
Replace motor
perform all incidental work
Mechanical
1. Centrifuge Dewatering and Polymer Feed System
Remove one of the existing belt presses and associated electrical
and control, modify the walkway into centrifuge platform, refurbish
one of the existing belt presses on-site, refurbish the conveyors on-
site, remove the existing polymer feed system (except the VeloBlend
which the CLIENT installed) and install new VeloBlend polymer feed
system.
¦ Discharge Piping - Fabricate and install sludge feed pipe, filtrate
discharge pipe, polymer feed pipe, and wash water pipe.
¦ Accessory Components - Assemble and install all loose
components, as identified above
• Electrical
1. Furnish and install electrical and control per drawings and specifications.
2. Modify the SCADA system to incorporate the new Equipment per drawings
and specifications.
• Instrumentation
1. Furnish and install instruments per drawings and specifications.
2. Unit process controls shall be fully integrated into the existing plant SCADA
system.
The Work shall be performed in accordance with the following specifications, drawings
and other attachments hereto, which are specifically incorporated herein and made part
hereof:
1. Design drawings and specifications
2. Field Photos: depicting pre-construction conditions at each facility.
4.0; Northeast APCF - F/M #4 - Methane Capture & Reuse
This FIM includes the following:
SIEMENS shall install, test, and place into satisfactory operation a fats, oil, and
grease ("FOG') receiving system and an electrical generation and heat recovery
(cogeneration) system utilizing digester gas as the fuel to be fired in a reciprocating
engine-generator, as specified herein.
During the Work, SIEMENS shall coordinate with CLIENT to maintain the operation
of the Facility, including complying with the following protocols:
o All new system piping tie-ins to be made only after authorization by Facility
personnel.
o All new system electrical tie-ins to be made only after confirmation of proper
lock-out/tag-out procedures compliance and authorization by Facility
personnel.
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Exhibit A - Scope of Work and Services
City of Clearwater, Florida
o Integration of new data systems into the existing plant SCADA system will be
coordinated with the CLIENT'S SCADA Integration Consultant and Facility
operations staff.
o Installation of cable, conduit, piping, and equipment shall be in accordance
with latest NEC, industrial standards, and local codes.
SIEMENS shall install one (1) Jenbacher JMC208v81reciprocating engine with
electrical engine ("Engine-Generator') @ 335 kW Nominal Gross Rating, 480V,
60Hz, 3 Phase, 1800 rpm; packaged in a 10 ft wide by 40 ft long container as
weather protection. Reciprocating engine heat recovery system components shall
also be installed.
o The following components will be housed within the container:
¦ Digital Engine-Management-System and controls, PC-based.
¦ Alternator heater and RTDs
¦ Lubrication oil adder tank
¦ System battery charger with batteries and cables
¦ Switchgear, (1) 800A Engine-Generator electrically-operated breaker
¦ Engine-Generator protection with synchronous and grid monitor
¦ Heat recovery system, engine-side; including engine mounted heat
exchangers for engine cooling loops, temperature control valves, and
pumps for heat recovery system, including (2) online pumps and (2)
standby pumps, for primary heat loop and secondary heat loop,
plumbed and wired into the container.
¦ Motor Control Center for enclosure accessories
¦ Safety devices and instruments including smoke detector, (2) gas
detectors, emergency stop button, Engine-Generator temperature
indicator for bearings and windings, differential protection.
System Windows networking configured for remote communication;
includes software license, internet firewall, Modbus communication
port, remote call out feature.
2. The following components will be supplied loose for fitting and external
installation (except where noted) after unit is received at site.
¦ Fuel gas train, for 2-5 psig gas supply; including regulator, shutoff
valve, filters. (Installed inside container.)
Exhaust flex connector and piping for connection of engine to
exhaust heat recovery unit, exhaust hot water heat recovery unit with
insulation.
Exhaust piping and silencer component.
¦ System dump radiator, with design for ambient temperature of 104
deg F; sized to dump the heat loads for the jacket water, lube oil,
intercooler and exhaust heat
¦ Process plate and frame heat exchanger for heat recovery, for
transfer of primary engine heat to the digester process.
¦ Two (2) motorized shut-off valves for hot water control.
SIEMENS shall install one (1) fuelgas conditioning system ("FCS").
• The system to be installed as a unit (except where noted) will include the
following components:
¦ inlet moisture/particulate filter
¦ hydrogen sulfide removal media vessel
¦ compression/moisture removal skid
¦ condensate pump
¦ glycol chiller skid
¦ remote-mounted electrical control panel
SIEMENS shall install FOG Receiving System components.
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Exhibit A - Scope of Work and Services v.060611
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
1. FOG receiving and delivery station shall be installed, consisting of the
following components:
• grit and rock trap
motorized FOG control valves
¦ FOG chopper pump - vertical pedestal type to chop foreign matter
as pump from hauler truck to FOG storage tank.
¦ FOG controls - see Instrumentation and Controls section herein:
¦ FOG transfer pump - positive displacement type, to pump from FOG
storage tank to digester
2. FOG storage tank shall be installed, consisting of the following components:
• Nominal 40,000 gallon capacity tank, approximate dimensions 22.38
ft dia. x 14.68 ft ht; design for Seismic Zone 0, 140 MPH Wind Load;
material to be plate steel with factory-applied silica glass for both the
interior and exterior of surfaces of the tank to protect the steel
against weather and corrosion; exterior color to be white.
Roof to be aluminum geodesic dome
¦ Roof hatch 30 in. dia.
¦ Flanged nozzles for FOG inlet and outlet, vent, overflow, drain, level
detection instruments
¦ Hinged bolted door as access manway, 30 in.dia.
¦ Sacrificial anode cathodic protection system
¦ One (1) exterior 30" x 30" galvanized steel step-off platform with
guardrail, and (1) exterior vertical ladder assembly
Structural
1. Furnish and install concrete housekeeping pads for the following equipment
and systems. Pad construction to be 4000 lb. concrete, rebar re-inforced,
thickness as required by standard and system wet weight.
a. FOG storage tank
b. Fuelgas conditioning system skid, and refrigeration system
c. Reciprocating Engine-Generator and auxiliary systems in container.
d. Heat recovery system equipment, including heat exchanger, hot
water pumps
e. FOG chopper pump.
f. FOG delivery pump.
Mechanical
1. FOG Piping - Furnish and install all FOG piping for FOG unloading, suction
piping to chopper pump, discharge piping and recirculation piping to/from
storage tank, and piping to tie-in point at digester primary sludge feed line in
digester building basement. Furnish and install manual isolation valves in all
piping segments. Piping to be Sch. 40 glass-lined pipe
2. Digester Gas Piping - Furnish and install all digester gas piping from tie-in
with existing gas line at new tee downstream of existing condensate drip trap
on branch to boiler, to new Engine-Generator gas train. Furnish and install
manual isolation valves at both ends of pipeline segment. Piping to be Sch.
10 ASTM 304L stainless material.
3. Hot Water Pump, Piping, and Heat Exchanger - Furnish and install (1) hot
water circulation pump and (1) process hot water heat exchanger. Furnish
and install all hot water piping, as supply and return lines. One set of hot
water pipelines shall be installed to and from the engine-side of a hot water
heat exchanger. A second set of hot water pipelines shall be installed to and
from process-side of the heat exchanger to and from tie-ins with existing
sludge heat exchanger water heating circuit. Furnish and install manual
isolation valves at suction and discharge of pump, and at tie-in points of
supply and return pipeline segments. Piping to be Sch. 40 ASTM 304L
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Exhibit A - Scope of Work and Services v.060611
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
stainless material. Insulation and stainless jacket to be applied to all hot
water piping.
4. Condensate Pump and Piping - Furnish and install (1) condensate pump.
Furnish and install all condensate piping from new FCS dehydration system
to sump at existing septic unloading station. Furnish and install manual
isolation valves at suction and discharge of pump. Piping to be Sch. 40
ASTM 304L stainless material.
Electrical
1. Power Generation Switchgear and Engine-generator Connections - Furnish
and install all 480V switchgear, circuit breakers, disconnects, distribution
panels, conduit and cable required to interconnect the Engine-Generator with
the Northeast \ANVTP distribution system. SIEMENS will conduct
terminations and tie-ins.
2. Systems power supply - Furnish and install all breakers, disconnects, field
start/stop stations, conduit and cable, terminations and tie-ins for the
following equipment to be provided with 480V power
¦ (1) Heat Recovery system hot water pump
¦ (1) Fuelgas conditioning system and (1) refrigeration system
¦ (1) Dehydration process condensate pump
¦ (1) FOG unloading station chopper pump
¦ (1) FOG storage tank delivery pump
3. Grounding system - Install grounding mat connecting to Engine-Generator,
FCS, and FOG system.
4. Lightning protection - Install lightning protection for system equipment.
Instrumentation & Controls
1. Engine-generator Operation - Furnish and install necessary Ethernet
cable/system for Modbus communication port and remote message control
connection between the Engine-Generator control panel and the plant
operations SCADA system
2. Fuel Conditioning System Operation - Furnish and install necessary Ethernet
cable/system for Modbus communication port and remote message control
connection between FCS and the plant operations SCADA system.
3. Control Valves - Furnish and install control valves, actuation power, and
control wiring to each of the following
¦ (2) glass lined motorized shut-off valves for FOG
¦ (2) flow control valves for digester gas
¦ (2) motorized shut-off valves for hot water
4. FOG Receiving and Storage System Controls - Furnish, install, program,
create process schematic graphics, develop FOG receipt database, while
incorporating the following components.
¦ FOG Hauler Interface Control Station with touch screen control
panel,
¦ programmable logic controller,
¦ caution beacon,
• software,
¦ desktop computer station,
¦ Ethernet module
• (2) storage tank roof-mounted radar level sensors
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Exhibit A - Scope of Work and Services v.060611
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
5.0: Northeast APCF - FIM #5 - Mixer Replacement
This FIM includes the following:
• SIEMENS shall install, test, and place into satisfactory operation the new mixers as
specified herein. SIEMENS shall install all Equipment identified below, with the
exception of the items identified as spares.
• SIEMENS shall remove the existing mixers as specified herein.
• SIEMENS shall install four (4) mixers in the fermentation tanks with motors, gear
boxes, and accessories. The mixers to be installed are Philadelphia Mixing Solutions
model 4020-PTOS-20RPM-2H P-100XELSC.
• SIEMENS shall install four (4) mixers in the first anoxic tanks with motors, gear
boxes, and accessories. The mixers to be installed are Philadelphia Mixing Solutions
model 4020-PTOS-25RPM-5HP-100XELSC.
• SIEMENS shall install 20 mixers in the second anoxic tanks with motors, gear boxes,
and accessories. The mixers to be installed are Philadelphia Mixing Solutions model
4020-PTOS-20RPM-1 HP-80XELSC.
• The mixers, motors, gear boxes, base plates, isolators, and appurtenances shall be
installed by SIEMENS in accordance with the instructions of the manufacturer.
SIEMENS shall use associated Reference Documents (defined below) for
installation.
• The mixer shall be connected to the existing electrical termination box.
• Each mixer shall be mounted on a SS316 base plate with isolators as shown in the
Reference Documents and in accordance with the recommendations of the
manufacturer.
• During the Construction Period, SIEMENS shall coordinate with CLIENT to maintain
the operation of the Facility, maintain the biological treatment processes, and meet
permit discharge requirements.
Reference Documents:
• Design Drawings for Facility.
• Field Photos: depicting pre-construction conditions.
Equipment to be installed includes the following:
1. Mixers
¦ Mixer shafts
¦ Mixer blades
¦ Motors
Gear boxes
¦ Base plates
¦ Isolators
¦ Mounting brackets (at East APCF only)
¦ Accessories
2. Shipped loose, stored locally as spare parts
¦ Special tool, if any
Manufacturer recommended spare parts
• Mechanical
1. Demolish the existing mixer and install mixers, shafts, motors, gear boxes,
base plates, isolators, mounting brackets in according to manufacturer's
instruction, contract drawings and specifications.
2. SIEMENS shall furnish all necessary tools and appurtenances including nuts,
bolts, and lubricant to complete the installation.
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Exhibit A - Scope of Work and Services
City of Clearwater, Florida
• Electrical
1. Disconnect the existing electrical connection and connect the new mixers to
the existing electrical panel.
2. Install a thermal overload relay in the MCC panel for each mixer.
The Work shall be performed in accordance with the following specifications, drawings
and other attachments hereto, which are specifically incorporated herein and made part
hereof:
1. Design Drawings for Northeast APCF.
2. Field Photos: depicting pre-construction conditions.
6.0: Marshall Street APCF - FIM #1- Indoor/Outdoor Lighting
Lighting Retrofit / Lighting Occupancy Sensors
Except as otherwise expressly provided herein, SIEMENS shall install 28-Watt premium
efficiency T-8 lamps and high efficiency ballasts in place of all existing 32-Watt T-8 lamps and
standard electronic ballasts.
Lighting occupancy sensors will be installed in all offices, break rooms, and restrooms where
occupancy varies and lighting runtime reduction opportunities are present. The occupancy
sensors are dual technology, which use a combination of infrared and ultrasonic sensors. The
occupancy sensors will be programmed to turn off lighting in a specified area after a 10 minute
period of no occupancy.
The scope of work of this FIM only includes replacement of ballasts and lamps, installation of
selected fixtures, luminaire disconnects, selected lamp holders, and the installation of lighting
occupancy sensors. Replacement of missing or broken lenses is not included in the scope of this
work.
A detailed description of all lighting retrofits, lighting counts, and product information can be found
in the Detailed Energy Audit attached as Exhibit E to this Agreement.
7.0: Marshall Street APCF - FIM #2 - Dewatering - Centrifuges
This FIM includes the following:
• Install, test, and place into satisfactory operation the new Centrifuge Dewatering
System at the Facility as specified herein. SIEMENS shall install all Equipment
identified below with the exception of the items demarcated as spares.
• Refurbish one (1) existing belt filter press as specified herein and identified below.
• Refurbish the belt conveyors as specified herein and identified below.
• Install, test, and place in satisfactory operation new polymer feed system as specified
herein.
• SIEMENS shall maintain the Facility's dewatering operation at all times during the
Construction Period.
• The centrifuge dewatering system to be installed is one (1) Andritz Model DSLL with
accessories and controls. The centrifuge, motors, electrical, controls, instruments,
and appurtenances shall be installed by SIEMENS in accordance with the
instructions of the manufacturer. SIEMENS shall use associated Reference
Documents (defined below) for installation. All piping shall be supported so as to
preclude the possibility of exerting undue forces and movements on the centrifuge
flanges. Each centrifuge shall be installed on concrete supports with isolators in
accordance with the recommendations of the manufacturer. SIEMENS shall furnish
all necessary appurtenances, including but not be limited to, piping, pipe supports,
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Exhibit A - Scope of Work and Services v.060611
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
gaskets, bouts, and nuts, for the complete installation of the centrifuge dewatering
system and furnish all oil, and grease for initial operation in accordance with the
manufacturer's recommendations.
One (1) existing belt filter press is to be refurbished on-site as backup to the
centrifuge dewatering system to meet Class I reliability. SIEMENS shall use
associated Reference Documents for refurbishment. SIEMENS shall furnish all
necessary appurtenances.
One (1) 24-in x 25-ft-8-in belt conveyor, one (1) 18-ft-6-in reversible belt conveyor,
two (2) 20-ft shuttle belt conveyors and one (1) screw conveyor are to be refurbished
on-site. SIEMENS shall use associated Reference Documents for refurbishment.
SIEMENS shall furnish all necessary appurtenances.
The polymer feed system to be installed is up to one (1) VeloDyne VeloBlend Series
completed polymer feed system and appurtenances. The polymer feed system,
electrical, controls, instruments, and appurtenances shall be installed by SIEMENS in
accordance with the instructions of the manufacturer. SIEMENS shall use associated
Reference Documents for installation. SIEMENS shall install the interconnecting
piping with the existing VeloBlend polymer feed system with isolate valves. Each
polymer feed system shall be installed in accordance with recommendations of the
manufacturer. SIEMENS shall furnish all necessary appurtenances, including but not
be limited to piping, pipe supports, valves, gasket, bolts and nuts, oil and grease, for
initial operation in accordance with manufacturer's recommendations.
"Reference Documents":
• Design drawings and specifications
• Field Photos: depicting pre-construction conditions at the Facility.
Equipment to be installed includes the following:
1. Centrifuge Dewatering System
a. Major Components installed as a unit
¦ Bowl and bowl cover
¦ 100 HP main drive motor
¦ 20 HP back drive system
¦ Discharge chute and connections
Polymer and wash water injection
¦ Speed reducer
¦ Base
¦ Main centrifuge bearings
Sample taps
¦ Isolators
¦ Control panels with VFD and PLC controller
¦ Diverter gate
b. Shipped Loose Accessory Components, to be installed separately in
field.
¦ Fasteners
¦ Instruments
¦ Spare parts -- manufacturer recommended spare parts
¦ Special tools
2. Polym er Feed System
c. Major Components installed as a unit
Skid mounted system with control panel and PLC controller
d. Shipped Loose Accessory Components, to be installed separately in
field
¦ Valves
• Spare Parts in clearly identified containers
o One (1) mechanical seal or packing per pump
Page 11 of 17
Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services v.060611
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
o One (1) set of mixing chamber o-rings
o One (1) mixing chamber injection check valve
o One (1) pump stator
Equipment to be refurbished on-site includes:
1. Belt Filter Press
¦ Replace wear strip grid system in the gravity and wedge zones
¦ Replace table rolls (8 of them will be reused)
¦ Replace corroded upper and lower tension brackets
¦ Replace corroded sidewall support brackets
¦ Perform all incidental work
2. Conveyors
¦ 24-in-x-25ft-8-in conveyor
¦ refurbish the drive drum
¦ replace pillow block bearings
refurbish take-up drum
¦ replace take-up drum bearings
¦ replace motor (1 hp 1740 rpm)
replace gear reducer
¦ replace motor mount
replace V-belt
¦ replace belt scraper
replace schedule 80 PVC idlers and end caps
¦ replace shafts
¦ replace vulcanized belt.
¦ replace SS drive shaft and tail shaft
¦ replace SS althread rods
¦ replace brass nuts
perform all incidental work
3. Reversible Belt Conveyor
¦ replace motor (1 hp)
¦ replace double reduction-gear reducer
refurbish drive drum
• replace drive bearings
¦ replace V-belt
¦ replace pillow block bearings
replace 3-in schedule 80 PVC idlers and end caps
¦ replace SS shafts
¦ refurbish take-up drum
¦ replace take-up bearings
¦ replace althread rod
¦ replace brass nuts
replace 38-ft two-ply vulcanized belt
perform all incidental work
4. Shuttle Belt Conveyor
replace SS angles
replace pillow block bearings
¦ replace SS shafts
¦ replace 3-in PVC idlers and end caps
replace Y2-hp and 1-hp motors
¦ replace reducer and base kit
o replace sprockets
¦ replace SS chain
refurbish drive drum
refurbish take-up drum
Page 12 of 17
Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services v.060611
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
¦ replace take-up bearings
• replace althread rods
¦ replace bronze nuts
¦ replace SS hex head bolts
¦ replace SS flat and lock washers
¦ perform all incidental work
Mechanical
1. Centrifuge Dewatering and Polymer Feed System
¦ Remove one of the existing belt presses and associated electrical
and control, modify the walkway, refurbish the remaining belt press
on-site, refurbish the conveyors on-site, remove the existing polymer
feed system and install new VeloBlend polymer feed system.
¦ Discharge Piping - Fabricate and install sludge feed pipe, filtrate
discharge pipe, polymer feed pipe, and wash water pipe.
• Accessory Components - Assemble and install all loose
components, as identified above
• Electrical
1. Furnish and install electrical and control per drawings and specifications.
2. Modify the SCADA system to incorporate the new Equipment per drawings
and specifications.
• Instrumentation
1. Furnish and install instruments per drawings and specifications.
2. Unit process controls shall be fully integrated into the existing plant SCADA
system.
The Work shall be performed in accordance with the following specifications, drawings
and other attachments hereto, which are specifically incorporated herein and made part
hereof:
1. Design drawings and specifications
2. Field Photos: depicting pre-construction conditions at the Facility.
8.0; Marshall Street APCF - FIM 93 - Mixer Replacement
This FIM includes the following:
• SIEMENS shall install, test, and place into satisfactory operation the new mixers at
the Facility as specified herein. SIEMENS shall install all Equipment identified below,
with the exception of the items demarcated as spares.
• SIEMENS shall remove the existing mixers as specified herein.
• SIEMENS shall install six (6) mixers in the fermentation tanks with motors, gear
boxes, and accessories. The mixers to be installed are Philadelphia Mixing Solutions
model 4020-PTOS-25RPM-1 HP-70XELSC.
• SIEMENS shall install nine (9) mixers in the first anoxic tanks with motors, gear
boxes, and accessories. The mixers to be installed are Philadelphia Mixing Solutions
model 4020-PTOS-20 RPM-1 HP-80XELSC.
• SIEMENS shall install twelve (12) mixers in the second anoxic tanks with motors,
gear boxes, and accessories. The mixers to be installed are Philadelphia Mixing
Solutions model 4020-PTOS-20RPM-1 HP-80XELSC.
• The mixers, motors, gear boxes, base plates, isolators, and appurtenances shall be
installed by SIEMENS in accordance with the instructions of the manufacturer.
SIEMENS shall use associated Reference Documents for installation.
• The mixer shall be connected to the existing electrical termination box.
Page 13 of 17
Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services v.06061 I
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
Each mixer shall be mounted on a SS316 base plate with isolators as shown in the
Reference Documents and in accordance with the recommendations of the
manufacturer.
During the Construction Period, SIEMENS shall coordinate with CLIENT to maintain
the operation of the Facility, maintain the biological treatment processes, and meet
permit discharge requirements.
Reference Documents:
• Design Drawings for Marshall Street APCF.
• Field Photos: depicting pre-construction conditions.
Equipment to be installed includes:
1. Mixers
¦ Mixer shafts
¦ Mixer blades
¦ Motors
¦ Gear boxes
Base plates
¦ Isolators
¦ Mounting brackets (at East APCF only)
¦ Accessories
2. Shipped loose, stored locally as spare parts
Special tool, if any
¦ Manufacturer recommended spare parts
• Mechanical
1. Demolish the existing mixer and install mixers, shafts, motors, gear boxes,
base plates, isolators, mounting brackets in according to manufacturer's
instruction, contract drawings and specifications.
2. SIEMENS shall furnish all necessary tools and appurtenances including nuts,
bolts, and lubricant to complete the installation.
• Electrical
1. Disconnect the existing electrical connection and connect the new mixers to
the existing electrical panel.
2. Install a thermal overload relay in the MCC panel for each mixer.
The Work shall be performed in accordance with the following specifications, drawings
and other attachments hereto, which are specifically incorporated herein and made part
hereof:
1. Design Drawings for Marshall Street APCF.
2. Field Photos: depicting pre-construction conditions.
9.0: East APCF - F/M #1- Indoor/Outdoor Ltohtin
Lighting Retrofit / Lighting Occupancy Sensors
Except as otherwise expressly provided herein, SIEMENS shall install 28-Watt premium
efficiency T-8 lamps and high efficiency ballasts in place of all existing 32-Watt T-8 lamps and
standard electronic ballasts.
Lighting occupancy sensors will be installed in all offices, break rooms, and restrooms where
occupancy varies and lighting runtime reduction opportunities are present. The occupancy
sensors are dual technology, which use a combination of infrared and ultrasonic sensors. The
Page 14 of 17
Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services v.060611
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
occupancy sensors will be programmed to turn off lighting in a specified area after a 10 minute
period of no occupancy.
The scope of work of this FIM only includes replacement of ballasts and lamps, installation of
selected fixtures, luminaire disconnects, selected lamp holders, and the installation of lighting
occupancy sensors. Replacement of missing or broken lenses is not included in the scope of this
work.
A detailed description of all lighting retrofits, lighting counts, and product information can be found
in the Detailed Energy Audit attached as Exhibit E to this Agreement.
General Responsibilities of the Parties:
For all FIMs, the CLIENT will be required to review the design and provide comments and
approvals as needed. The CLIENT will also be required to review, comment, and approve as
needed the equipment used in the Measurement and Verification process. Once final designs are
completed, SIEMENS will provide the required as-built drawings.
Article 2: Work Implementation Period
2.1.1 Commencement of Work: SIEMENS shall commence the Work fourteen (14) calendar
days from the Effective Contract Date, and shall perform the Work diligently and shall
complete the Work no later than 18 months (547 calendar days) from the day of
commencement.
Article 3: Scope of Services-Performance Assurance Services Program
3.1 A reconciliation of Savings shall be performed each Annual Period. SIEMENS will perform
either a one-time equipment measurement or ongoing annual measurements, depending on
the FIM. Please refer to Exhibit C for the scope of the Measurement and Verification process
included as a part of the PASP.
Article 4: Scope of Services-Maintenance Services Program
CLIENT has elected to self-implement maintenance for all FIMs, with the exception of a shared-
responsibility maintenance program pertaining to the Northeast APCF FIM #4 (see Section 4.1,
below, for details). Therefore, regarding all other FIMs, SIEMENS shall not perform any on-going
maintenance services, although the Parties may negotiate a separate agreement for
such services at a later date. CLIENT agrees that it will maintain the equipment per manufacturer
specifications and that it will operate the Equipment in accordance with the Contracted Baseline
described in Article 7 of Exhibit C. If CLIENT fails to properly maintain or operate the Equipment,
SIEMENS shall have the right to modify the Performance Guarantee per Article 4 of the
Agreement.
4.1 Shared Responsibility of Maintenance Services for the Northeast APCF FIM #4, Methane
Capture and Reuse:
The maintenance tasks associated with the Cogeneration and FOG systems equipment
within FIM #4 must be performed to achieve the Savings required under Exhibit C, Article
4.2.4. The CLIENT and SIEMENS will share these maintenance responsibilities as
detailed below. Their respective tasks shall follow the manufacturer's recommendation for
conducting maintenance on certain repetitive schedules, except when digester gas
composition or field conditions may be cause for an adjustment to the schedules. In all
cases where a maintenance schedule adjustment is required, SIEMENS shall
Page 15 of 17
Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services v.060611
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
communicate in writing to the CLIENT the need for such adjustment. Prior to equipment
shutdown for purposes of maintenance, Northeast APCF operations shall be notified of
intended shutdown.
SIEMENS Responsibilities
1. Reciprocating Engine-Generator - Furnish the following parts/materials:
¦ Furnish oil sampling kit
• Engine lubrication oil
¦ Engine lubrication oil filter
¦ Spark plugs
2. Reciprocating Engine-Generator - Furnish parts/materials and labor to
perform maintenance, e.g. refurbishment or replacement, for the following
tasks/components:
¦ Cleaning of the Engine-Generator and auxiliary systems, including
switchgear, control and interface cubicles, relays, MCCs, radiators
and all heat exchangers and pumps within container boundary.
• Overhaul of Engine-Generator, including starter, ignition system,
turbo-charger, water pump, oil pump, valve train, camshaft,
crankshaft, cylinder head, bearings, coolant fluid, and
generator/alternator, and other miscellaneous components that are
required for reciprocating Engine-Generator proper and consistent
operation.
¦ Changing of spark plugs
• Lubrication oil sampling and shipping to lab for analysis.
• Changing lubrication oil and oil filter.
• Arrange for and administer the retrieval and disposal of waste oil.
• Arrange for and administer the retrieval and disposal of coolant fluid.
3. Fuelgas Conditioning System - Furnish parts/materials and labor to perform
the following task(s):
¦ Remove spent hydrogen sulfide adsorption media, and replace with
fresh media.
¦ Remove spent FOG tank odor control vessel with media, and replace
with new vessel with media.
¦ Changing blower oil and filter.
• Arrange for and administer the retrieval and disposal of waste oil.
¦ Replacement of drive belts.
¦ Refrigeration system component inspection and cleaning.
• Calibration of biogas sensors and flowmeter.
4. FOG Receiving and Storage System
¦ Clean out debris from rock and grit traps
¦ Pump maintenance.
¦ Control valve maintenance
¦ Calibration of level sensors
¦ Maintain Hauler's Interface Control Station, and connectivity and
functionality of components connected to and delivering data to
SCADA/plant IT network.
CLIENT'S Responsibilities
1. Reciprocating Engine-Generator - Furnish labor to perform the following
tasks:
¦ Conduct daily inspections.
¦ Clean and maintain electrical switchgear, breakers and protective
relay equipment associated with the interconnection of the electrical
generator to the Northeast APCF electrical distribution facility.
Page 16 of 17
Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services v.060611
Exhibit A - Scope of Work and Services
City of Clearwater, Florida
¦ Maintain connectivity and functionality of components connected to
and delivering data to SCADA/plant IT network.
2, Fuelgas Conditioning System - Furnish parts/materials and labor to perform
the following tasks:
¦ Conduct daily inspections
¦ Maintain connectivity and functionality of components connected to
and delivering data to SCADA/plant IT network.
3. FOG Receiving and Storage System
¦ Conduct daily inspections.
By signing below, this Exhibit A is attached to and made a part of the Agreement between
SIEMENS and the CLIENT.
SIEMENS: Siemens?st , Inc.
Signature:
Printed Name:
Title: _ Mike Kearney
Date: Sr. Director, Energy & Enviiromental Solutions
/l
Signature:
Printed Name:
Title:
Date:
Camilo A. Soto
Assistant City Attorney
CITY OF CLEARWATER
William B. Horne II
City Manager
ATTEST:
.?S"'
C-j
Rosemarie Call ITS
City Clerk
grER,
Page 17 of 17
Siemens Industry, Inc., Building Technologies Division
Exhibit A - Scope of Work and Services
v.060611
Countersigned:
ctfA0W%t 1\ c rC\16141, v 1 c t W?ck'to I
-Co/ vvvwyo r
Exhibit B - Payment Schedules
City of Clearwater, Florida
Article 1: Payment for Scope of Work
1.1 Price: As full consideration of the Work as described in Exhibit A, Article 1: Scope of
Work, CLIENT shall pay to SIEMENS $6,902,076 (plus taxes, if applicable). Table 13.1
reflects SIEMENS' Contract Price plus an additional $2,959,683 for owner-direct
purchase ("ODP", pursuant to Section 212.08(6) of the Florida Statutes and the Fla.
Admin. Code Ann. R. 12A-1.094 and 12A-1.038) of related Equipment by the CLIENT
from vendors, as required to perform the required Work. Therefore, total price of the
Project is $9,861,759.
1.2 Payment Warranty: In lieu of an escrow account, CLIENT hereby warrants that: (1) the
Project is being financed by the issuance and sale of bonds, whose sale has been
consummated and the proceeds of which are in the CLIENT'S exclusive possession and
control; (2) the use of these proceeds is restricted to funding the SIEMEN'S Work as
specified in this Agreement and the bond(s) offering, and (3) that the CLIENT as a body
politic and incorporate is of investment grade. In the event CLIENT has previously
approved SIEMENS to proceed with the Work, the CLIENT shall be obligated to
reimburse SIEMENS for authorized Work performed to date.
1.3 Timely Payments: The CLIENT agrees to pay SIEMENS per Table B.1 below. CLIENT
agrees to pay all invoices submitted by SIEMENS per Article 8 of the Agreement. An
initial payment of $345,104 for audit, engineering and pre-construction services shall be
due upon execution of this Agreement. Payments thereafter will be made based on
percentage of work completed. Table 6.1 reflects the estimated schedule of payments.
Table B.1 - Scope of Work Payment Schedule
ISSION
M
Engineering/Preconstruction
Services/Audit
345,104 5% ion of
ment
7
Progress Payment #1 1,035,311 15% 011
Progress Payment #2
1,035,311
15% 12/1/2011
Progress Payment #3 1,035,311 15% 2/1/2012
Progress Payment #4 690,208 10% 03/1/2012
Progress Payment #5 690,208 10% 12/1/2012
Progress Payment #6 690,208 10% 1/1/2012
Progress Payment #7 345,104 5% 3/1/2012
Progress Payment #8 345,104 5% 5/1/2012
Progress payment #9 345,104 5% 8/1/2012
Retains a 345,104 5% 10/1/2012
SIEMENS' PRICE: $6,902,076 100%
NORTH EAST
Bio Reactor
Centrifuge
Polymer Pumps
Electric Generator
Fuel Conditioning System
Mixers $127,000
$345,500
$54,014
$641,760
$329,402
$578,000
Owner Direct
Purchase
MARSHALL STREET
Centrifuge
Polymer Pumps
Mixers $345,500
$27,007
$511,500 Owner Direct
Purchase
TOTAL PROJECT COST: $ 9,861,759
Page 1 of 4
Siemens Industry, Inc., Building Technologies Division
Exhibit B - Payment Schedules v.060611
Exhibit B - Payment Schedules
City of Clearwater, Florida
Article 2: Payment for Performance Assurance Services Program (PASP)
2.1 Price: As full consideration of the Services as described in Exhibit A, Article 3, the
CLIENT shall pay to SIEMENS the amounts identified in Table 13.2 plus taxes, if
applicable, on the dates identified therein.
2.2 Performance Assurance Services Program Term: The term of the PASP shall
commence on the Guarantee Date and shall extend for either: (a) the term of the
Performance Guarantee Period where multi-year obligations are allowed; or (b) for twelve
(12) month periods corresponding to the term of each Annual Period.
2.3 Automatic Renewal: Where the PASP term is limited to an Annual Period, the PASP
shall automatically renew for successive Annual Periods beginning on the anniversary date
of Guarantee Date. Either party may request to amend the PASP at the end of an Annual
Period by giving the other party at least sixty (60) days prior written notice of such
amendments and such amendment shall be mutually negotiated by the Parties and
effective upon a written amendment signed by both Parties prior to commencement of the
next Annual Period. Each automatic renewal shall be and remain subject to the terms and
conditions of this Agreement. SIEMENS obligations under the Performance Guarantee
are dependent upon and subject to the express condition that the CLIENT maintains the
PASP during the entire Performance Guarantee Period.
2.4 Termination: See Section 4.7 of the Agreement.
Table B.2 - PASP Payment Schedule
9/1/2012 $ 12,458
911/2013 $ 12,832
9/1/2014 $ 13,217
9/1/2015 $ 13,613
9/112016 $ 14,022
9/1/2017 $ 14,442
9/1/2018 $ 14,876
9/1/2019 $ 15,322
9/1/2020 $ 15,781
9/1/2021 $ 16,255
9/1/2022 $ 16,743
9/1/2023 $ 17,245
911/2024 $ 17,762
9/1/2026 $ 18,295
9/1/2026 $ 18,844
Page 2 of 4
Siemens Industry, Inc., Building Technologies Division
Exhibit B - Payment Schedules v.060611
Exhibit B -- Payment Schedules
City of Clearwater, Florida
Article 3: Payment for Maintenance Services Program (MSP)
3.1 Price: As full consideration of the Services as described in Exhibit A, Article 4, the
CLIENT shall pay to SIEMENS the amounts identified in Table 13.3 plus taxes, if
applicable, on the dates identified therein.
3.2 Maintenance Services Program Term: The initial or first term of the MSP shall
commence on the Operation Date and shall have duration of 12 months and shall extend
thereafter for the term as identified in Table B.3 and in accordance with Section 3.3
below.
3.3 Automatic Renewal: Where multi-year obligations are disallowed, the Maintenance
Services Program shall automatically renew for successive twelve (12) month periods
beginning on the ending anniversary date of the initial or first term as set forth in Article 3.2
above, and each twelve (12) month period thereafter as identified in Table 8.3. Either party
may request not to renew or to amend the Maintenance Services Program at the end of
the initial term or at the end of a renewal term by giving the other party at least sixty (60)
days prior written notice of such amendments or intent not to renew. Each renewal shall be
and remain subject to the terms and conditions of this Agreement.
Table B.3 - MSP Payment Schedule
9/1/2012 $ 253,197
9/1/2013 $ 260,793
9/1/2014 $ 268,617
9/1/2015 $ 276,675
9/1/2016 $ 284,975
9/1/2017 $ 293,525
9/1/2018 $ 302,330
9/1/2019 $ 311,400
9/1/2020 $ 320,742
9/1/2021 $ 330,365
Page 3 of 4
Siemens Industry, Inc., Building Technologies Division
Exhibit B - Payment Schedules v.060611
Exhibit B - Payment Schedules
City of Clearwater, Florida
By signing below, this Exhibit B is attached to and made a part of the Agreement between
SIEMENS and the CLIENT.
stry Inc.
SIEMENS: Siemenze4L,-,
Signature: Printed Name:
Title: Mike Ke-u-ney
Date: . Dhwtoi,
Signature:
Printed Name:
Title:
Date:
Countersigned:
- ge0gC AcrevW11 %ACEVV%&%j 'r
-Co r y? fi?" lP t An?L Ll ?6 GV
Frank V. Hibbard
CITY OF CLEARWATER
• 7:[
William B. Horne II
City Manager
oFrHE
ATTEST:
?r
Rosemarie Call
City Clerk
Page 4 of 4
Siemens Industry, Inc., Building Technologies Division
Exhibit B - Payment Schedules
v.060611
Assistant City Attorney
Exhibit C - Performance Assurance
City of Clearwater, Florida
The following Articles and Tables are hereby included and made part of this Exhibit C:
Article 1: Summary of Articles and Total Guaranteed Savings
Article 1 Summary of Articles and Total Guaranteed Savings
Article 2 Guarantee Savings Types
Article 3 Guarantee Term Responsibilities of CLIENT
Article 4 Measurement and Verification Plan
Article 5 Baseline Data
Article 6 Utility Rate Structures and Escalation Rates
Article 7 Contracted Baseline Data
Table 1.1 -Total Guaranteed Savin s (Units)
Performance Electric Electric Polymer
PRISC Saved Disposal
Period Energy Saved Power Saved
(Gallons) (Wet
(kWh) Saved (kW) (Gallons) Tons)
Construction 0 0 0 0 0
Annual Period 1 4,276,122 3,492 -3,235 11,046 6,176
Table 1.2 - Total Guaranteed Savings (Cost)
Performance
Period Energy/Operational
Measured Savin s Operational Savings
Stipulated Total Savings
Construction $0.00 $0.00 $0.00
Annual Period 1 $507,516 $3,523 $511,039
Annual Period 2 $522,742 $3,629 $526,370
Annual Period 3 $538,424 $3,738 $542,161
Annual Period 4 $554,577 $3,850 $558,426
Annual Period 5 $571,214 $3,965 $575,179
Annual Period 6 $588,350 $4,084 $592,434
Annual Period 7 $606,001 $4,207 $610,207
Annual Period 8 $624,181 $4,333 $628,514
Annual Period 9 $642,906 $4,463 $647,369
Annual Period 10 $662,193 $4,597 $666,790
Annual Period 11 $682,059 $4,735 $686,794
Annual Period 12 $702,521 $4,877 $707,398
Annual Period 13 $723,597 $5,023 $728,620
Annual Period 14 $745,304 $5,174 $750,478
Annual Period 15 $767,664 $5,329 $772,992
TOTALS $9,439,248 $65,524 $9,504,772
*Operational savings consists of, lighting materials and disposal reductions in cost.
1.1 Table 1.1 shows the CLIENT'S guaranteed energy/utility unit Savings for Annual Period 1 of
the Agreement. Table 1.2 shows the CLIENT'S guaranteed cost Savings that can be
extrapolated from the guaranteed energy/utility unit Savings shown in Table 1.1 by
multiplying the energy/utility Savings by the Baseline energy/utility rates including the
stipulated Escalation Rates found in Article 6.
1.2 SIEMENS cannot and does not predict fluctuations in utility rates or the cost of energy.
Therefore, the CLIENT and SIEMENS agree that the energy/utility cost Savings for each
Annual Period will be calculated by multiplying the verified units of energy/utility Savings
by the Annual Period's stipulated energy/utility rate and Escalation Rates and not the
Annual Period's actual utility rate.
Page 1 of 24
Siemens Industry, Inc., Building Technologies Division
Exhibit C - Performance Assurance
v. 060611
Exhibit C - Performance Assurance
City of Clearwater, Florida
1.3 The determination of Energy/Utility Savings will follow current best practice, as defined in
the IPMVP, or the FEMP Guidelines where required, unless otherwise agreed to by the
Parties.
Article 2: Guaranteed Savings Options
2.1 Guarantee Savings Options for Energy/Utility Savings: Utilizing IPMVP, there are four
guarantee savings options to measure and verify Energy/Utility Savings: Option A - Retrofit
Isolation: Key Parameter Measurement; Option B - Retrofit Isolation: All Parameter
Measurement; Option C - Whole Facility; and, Option D - Calibrated Simulation.
Option A - Retrofit Isolation: Key Parameter Measurement. Savings are determined by field
measurement of the key performance parameter(s) which define the energy use of the FIM's
affected system(s) and/or the success of the project. Measurement frequency ranges from short-
term to continuous, depending on the expected variations in the measured parameter, and the
length of the reporting period. Parameters not selected for field measurement are estimated.
Estimates can be based on historical data, manufacturers specifications, or engineering judgment.
Documentation of the source or justification of the estimated parameter is required. The plausible
savings error arising from estimation rather than measurement is evaluated. The predetermined
schedule for data collection, evaluation, and reporting is defined in Exhibit A, Article 3-
Performance Assurance Services Program.
Option B - Retrofit Isolation: All Parameter Measurement. Savings are determined by field
measurement of the energy use of the FIM-affected system. Measurement frequency ranges from
short-term to continuous, depending on the expected variations in the savings and the length of
the reporting period. The predetermined schedule for data collection, evaluation, and reporting is
defined in Exhibit A, Article 3-Performance Assurance Services Program.
Option C - Whole Facility: Savings are determined by measuring energy use at the whole facility
or sub-facility level. Continuous measurements of the entire facility's energy use are taken
throughout the reporting period. The predetermined schedule for data collection, evaluation, and
reporting is defined in Exhibit A, Article 3-Performance Assurance Services Program.
Option D - Calibrated Simulation: Savings are determined through simulation of the energy use of
the whole facility, or of a sub-facility. Simulation routines are demonstrated to adequately model
actual energy performance measured in the facility. This Option usually requires considerable skill
in calibrated simulation. The predetermined schedule for data collection, evaluation, and
reporting is defined in Exhibit A, Article 3-Performance Assurance Services Program.
2.1.1. Operational Savings: Operational Savings are Stipulated Savings derived from
data provided by the CLIENT to SIEMENS that supports the stipulated outcome. Section
2.3 below identifies each source of Operational Savings, the Stipulated Savings, and any
applicable Escalation Rate to be applied. The Stipulated Savings applicable to all Annual
Periods will be achieved upon completion of the FIM. No further measurement or
verification will need to be performed.
2.2 Table 2.1 below summarizes the first Annual Period's Guaranteed Savings (See Article 1,
Tables 1.1 and 1.2) utilizing the applicable Options as applied to the referenced FIMs
valued pursuant to the agreed upon amounts identified in Article 6 hereof .
Page 2 of 24
Siemens Industry, Inc., Building Technologies Division
Exhibit C - Performance Assurance v. 060611
Exhibit C - Performance Assurance
City of Clearwater, Florida
Table 2.1 - Savings for First Annual Period by Option
Energy/Utility
Saving $
Guarantee Type Options
FIM A B C D
Retrofit Retrofit Whole Calibrated
Isolation: Key Isolation: Facility Simulation
Parameter All
Measurement Parameter
Measure
ment
Northeast - Odor $45,618 $0 $0 $0
Control
Northeast -- Lighting $14,793 $0 $0 $0
Northeast- $48,149 $0 $0 $0
Dewatering
Northeast - Methane $160,377 $0 $0 $0
Recapture
Northeast - Mixers $82,989 $0 $0 $0
Marshall - Lighting $14,459 $0 $0 $0
Marshall - $56,249 $0 $0 $0
Dewatering
Marshall - Mixers $77,007 $0 $0 $0
East - Lighting $4,352 $0 $0 $0
TOTALS $503,993 $0 $0 $0
Operational
Savings $
Total Energy Operationa Total
/Utility I Savings Savings $
Savings Stipulated
$45,618 $0 $45,618
$14,793 $1,128 $15,921
$48,149 $0 $48,149
$160,377 $0 $160,377
$82,989 $0 $82,989
$14,459 $1,909 $16,368
$56,249 $0 $56,249
$77,007 $0 $77,007
$4,352 $486 $4,838
$503,993 $3,523 $507,516
2.3 Table 2.2 identifies the source of Operational Savings defined and quantified by the
CLIENT. The Parties affirm that such amounts are Stipulated Savings for purposes of
calculating Annual Realized Savings and acknowledge that the Guaranteed Savings
identified herein have been based on CLIENT'S affirmation. OPERATIONAL SAVINGS SHALL
NOT BE MEASURED OR MONITORED DURING THE PERFORMANCE GUARANTEE PERIOD.
Table 2.2 - Source of Operational Savings for First Annual Period
# of Annual First Year
Periods Annual
Annual Savings Are Savings
AccountPVendor Description Value ($) Applied Allowed
Lighting - All APCFs Reduced Lamp/Ballast Replacements $3,523 15 1
2.4 SIEMENS has explained to the CLIENT and the CLIENT has satisfied itself as to how
Operational Savings are incorporated into the Annual Realized Savings.
2.5 The Escalation Rate applicable to the Operation Savings is 3%
Page 3 of 24
Siemens Industry, Inc., Building Technologies Division
Exhibit C - Performance Assurance
v. 060611
Exhibit C - Performance Assurance
City of Clearwater, Florida
BY SIGNING BELOW, THE PARTIES CONFIRM THAT THEY HAVE REVIEWED THE INCLUDED
GUARANTEE SAVINGS OPTIONS AND THEIR APPLICATION TO BE USED IN CALCULATING SAVINGS
UNDER THE AGREEMENT. This Exhibit C, comprised of 25 pages plus appendices, is attached to
and made a part of the Agreement between SIEMENS and the CLIENT.
SIEMENS: Siemens In - ust , Inc.
Signature: ?C.
Printed Name:
Mike Karmy
Title:
Date:
d
Signature:
Printed Name:
Title:
Date:
Countersigned: ` n
' eteovIt A trf-\045 V KEVA""W"
, r -C?k 4?-Lbb ok"a
w%t eit?o
Frank V. Hibbard
CITY OF CLEARWATER
William B. Horne II
City Manager
ATTEST:
i cam.
Rosemarie Call
City Clerk
Page 4 of 24
Siemens Industry, Inc., Building Technologies Division
Exhibit C - Performance Assurance
oF
L iLey'lJal
. ?i
mr?ll?' . l..l?il
v. 060611
Assistant City Attorney
Exhibit C - Performance Assurance
City of Clearwater, Florida
Article 3: Guarantee Term Responsibilities of the CLIENT
In addition to the CLIENT'S responsibilities under Article 6 of the Agreement, this Article details the
responsibilities of the CLIENT in connection with the management and administration of the
Performance Guarantee.
3.1 The CLIENT will provide a representative at each Facility to coordinate work and provide
required data described below.
3.2 The CLIENT will provide SIEMENS with accurate facility operating information as defined
below and in the Contracted Baseline article of this Exhibit C during each Annual Period,
within thirty (30) days of any Material Change that may increase or decrease energy
usage.
3.3 CLIENT will provide SIEMENS with copies of utility bills within thirty (30) days of receipt
by CLIENT or provide access to utility vendor information.
3.4 If required for the Work, CLIENT will provide telephoneldata remote access, through
SIEMENS Insight° software package or otherwise, as SIEMENS reasonably requests. All
charges related to telephoneldata line installation, activation and communication services
are the responsibility of the CLIENT.
Article 4: Measurement and Verification Plan
The following information is applicable to this Agreement:
Article 4.1 General Overview
Article 4.2 Option A - Retrofit Isolation: Key Parameter Measurement
Article 4.3 Option B - Retrofit Isolation: All Parameter Measurement
Article 4.4 Option C - Whole Facility
Article 4.5 Option D - Calibrated Simulation
4.1 General Overview --
The purpose of the Measurement and Verification (M&V) Plan is to identify the
methods, measurements, procedures and tools that will be used to verify the Savings
for each FIM which has Energy/Utility Savings. Savings are determined by comparing
prior usage, consumption or efficiencies defined as the Baseline to the selected FIMs
being implemented against the post FIM implementation usage, consumption or
efficiencies. The Baseline usage, consumption or efficiencies is described in this
Exhibit C, Article 5. The usage, consumption or efficiencies associated with the FIM
implementation is defined as the Contracted Baseline, and are described in this
Exhibit C, Article 7.
NOTE: Excess savings are retained b CLIENT. There is no shared savings plan for Savings
achieved in excess of those guaranteed herein. This approach offsets an risk associated
with SIEMENS' conservative calculations regarding energy and operational savings.
4.2 Option A - Retrofit Isolation: Key Parameter Measurement
4.2.1 Northeast APCF - FIM #1 - Odor Control - Biofilter
M&V Method - The key measurement parameters for this FIM are chemical usage and H25 levels
in the Headworks building at the Facility. The baseline for this measure is based on invoices for
the existing chemical usage and pre-measurements of H2S levels within the headworks building
Page 5 of 24
Siemens Industry, Inc., Building Technologies Division
Exhibit C - Performance Assurance
v. 060611
Exhibit C - Performance Assurance
City of Clearwater, Florida
taken before the upgrades are made at a location agreed upon by the Parties. Post measurements
for this FIM will include post retrofit invoices for chemical usage for PRISC and Odophos and post-
measurements of H2S levels within the headworks building in the same locations chosen for the
pre-measurements. The H2S levels will be continuously logged with an Odalogger and reported to
the CLIENT. The National Institute for Occupational Safety and Health (NIOSH) threshold value for
the H2S OEL (Occupational Exposure Limit, concentration refers to the Time Weighted Average
(TWA) concentrations for a normal eight-hour period) is 10 ppm.
Post measurements will be compared to Baseline and guaranteed consumption avoidance
will be verified. This reconciliation will be done annually during the Performance
Guarantee Period.
Description - The savings for this FIM is derived by reducing the amount of chemicals
currently used for odor control. A Siemens Chemical Delivery Report was obtained for
calendar years 2007 through 2009. The amount, in gallons, delivered to the Facility
during the Baseline year of 2009 is shown in the table below. The new Biofiltration unit
will consume energy (3.5 HP motor) to operate. This energy consumption, although
small, was included in the overall savings calculation for this FIM. Annual Energy Costs are
calculated and can be found in Appendix 1 of the Detailed Energy Audit (Exhibit E). The
Odor Control system will be designed to keep H2S levels in the headworks building within
the acceptable NIOSH OEL threshold value.
rnlrv dntinnc -
Total Annual Savings = Annual Chemical Savings - Annual Energy Costs - Annual
Maintenance Costs
Where:
• Annual Chemical Savings =
Date of Delivery Odophos Gallons Total Cost
January 9, 2009 1950 $ 1,657.50
January 12, 2009 2500 $ 2,125.00
January 19, 2009 1300 $ 1,105.00
February 9, 2009 400 $ 340.00
February 28, 2009 1300 $ 1,105.00
March 24, 2009 2600 $ 2,210.00
April 2, 2009 1200 $ 1,020.00
April 9, 2009 900 $ 765.00
April 16, 2009 500 $ 425.00
June 8, 2009 3100 $ 2,635.00
June 25, 2009 1000 $ 850.00
July 21, 2009 1200 $ 1,020.00
July 21, 2009 1000 $ 850.00
August 28, 2009 500 $ 425.00
August 28, 2009 1700 $ 1,445.00
November 25, 2009 2100 $ 1,785.00
December 4, 2009 1800 $ 1,530.00
December 11, 2009 200 $ 170.00
Annual Total 25250 $ 21,462.50
Page 6 of 24
Siemens Industry, Inc., Building Technologies Division
Exhibit C - Performance Assurance
v. 060611
Exhibit C -- Performance Assurance
City of Clearwater, Florida
Where:
Da e:
#p
f
o
a lons
Total Cosh
January 22, 2009 1006 $ 4,305.68
February 13, 2009 2000 $ 8,560.00
March 19, 2009 1800 $ 7,704.00
April 27, 2009 2300 $ 9,844.00
June 5, 2009 1900 $ 8,132.00
July 13, 2009 1700 $ 7,276.00
August 21, 2009 2178 $ 9,321.84
October 6, 2009 2505 $ 10,721.40
November 9, 2009 2000 $ 8,560.00
December 14, 2009 1021 $ 4,369.88
Annual Total 18410 $ 78,794.80
.60% Leduc 'oh .; ,'11041: $, 47;276.8$ .
• Annual Energy Costs = Refer to Appendix 1of Detailed Energy Audit for
calculations
• Annual Energy Costs = $1,082.36
Where:
• Annual Maintenance Costs = Annualized Nutrient Costs + Annualized Media
Replacement Costs
Annual Maintenance Costs = $169 + $388 per year
• Annualized Maintenance Costs = $577 per year
Total Annual Savings = $47,276.88 - $1,082.36 - $577
Total Annual Savings = $45,617.52
Sample Shortfall Calculation:
Baseline Odophos Total Units = 25,250 gallons
Baseline PRISC Total Units = 18,410 gallons
Year 1 Odophos Invoice Total Units = 25,250 gallons
Year 1 PRISC Invoice Total = 19,500 gallons
Year 1 Savings Total Units = (25,250 - 25,250) + (18,410 - 19,500) = -1,090 gallons
Guarantee not met 4 shortfall check to be written to the CLIENT in the amount of:
Sample Shortfall Dollars = 1,090 gallons * $4.28/gallon PRISC = $4,665.20
4.2.2 Northeast APCF - FIM #2 - Indoor/Outdoor Lighting
M&V Method -- The key measurement parameter for this FIM is pre and post-retrofit
wattage. A sample of Lighting Ballast Combinations (LBCs), not to exceed 5% of total
fixtures retrofit, will be measured pre-retrofit and post-retrofit to demonstrate calculated
Page 7 of 24
Siemens Industry, Inc., Building Technologies Division
Exhibit C - Performance Assurance v. 060611
Exhibit C - Performance Assurance
City of Clearwater, Florida
reduction was attained. An as-built lighting listing will be provided to CLIENT showing
total target wattage reduction was achieved or exceeded. The same watt meter will be
used to check both the pre and post-retrofit wattages. The post measurements will be
taken after the manufacturers recommended burn-in period. These measurements will be
performed one time and will be documented in the Construction Period report.
Description - The following table lists the predicted energy and maintenance savings.
Refer to Appendix 1 of the Detailed Energy Audit (Exhibit E) for details.
Table: Predicted Energy Savings
Annual Reduction
FIM kWh kW
(12 month sum)
Lighting Efficiency 196,288 347
-improvements
Calculations - Energy savings is determined by calculating baseline and post-installation
lighting kW and kWh. Fixture Wattages are based on an Industry table of standard
Wattages.
Baseline:
Where:
total Mb., = qty of fixtures x kW flxmrx ba e x diversity
total kWh base = total kW bus, x operating hours
• total kW base = cumulative baseline electric power draw of lighting
fixtures
• qty of fixtures = quantity of similar fixtures in the group represented
by the sampling
• kW fixture base = baseline fixture wattage determined from
measurement or from Industry standard table of fixture Wattages
• Diversity = fraction of fixtures on simultaneously
• total kWh base = cumulative baseline electric energy consumption of
lighting fixture
• Operating Hours = number of stipulated annual operating hours as
determined by building operating hours and occupant interviews
Post-installation:
Lights post (kW) _ # of fixtures x (Fixture kW post) x diversity
Lights post (kWh) = Lights post (kW) x Operating Hours
Where:
Fixture kW post = baseline fixture wattage determined from
measurement
# of fixtures = number of similar fixtures
Lights post (kW) = cumulative baseline electric power draw of lighting
fixtures
• Lights post (kWh) = cumulative baseline electric energy consumption
of lighting fixtures
Operating Hours = number of stipulated annual operating hours as
determined by building operating hours and occupant interviews.
These hours are the same as the base case unless occupancy sensors
Page 8 of 24
Siemens Industry, Inc., Building Technologies Division
Exhibit C - Performance Assurance
v. 060611
Exhibit C - Performance Assurance
City of Clearwater, Florida
are installed in the circuit. The reduction in operating hours will be
assumed to be 50% for all these circuits.
Efficiency Savings:
• Savings lights (kW) = Lights base (kW) - Lights Post (kW)
• Savings lights (kWh) = Lights base (kWh) - Lights Post (kWh)
Sample Calculations for this FIM are shown below:
Existing Ligh g y tern
T tai kWhlyr' .
s k
"
Hou is k' W
W o
off ea
f a f .
Q . eo
Q . k.
2X4 2 LAMP
T12 TROFFER 11 6570 2163 4407 836 0.84 1,817 3,702
'Proposed 111 ht!4? 5 #ey?
Total <Hours'i. k11V?/yr Hours
ECM Qty Hours Qn-peak off-peek , ti lat# kW:- ,ion-peak off peal(. ; Reduction.
11 462 0.46 3,035 3,022 I -0.42%
2LXS 11 6570 2163 4407 462 0.46 995 2,027
4.2.3 Northeast APCF - FIM #3 - Dewatering Centrifuge
M&V Method - The key measurement parameters for this FIM are maximum polymer
usage, maximum energy usage, minimum % solids and minimum % solids capture rate.
Maximum Polymer Usage
Maximum kWh Usage
Minimum % Solids
Minimum Capture Rate %
25 Pounds active/Dry Ton
98.73 kWh/Dry Ton
24% Solids
95% Capture Rate
The baseline for this FIM is based on the existing biosolids data and system usage for
2010 and a pilot study performed by Andritz. Monthly reporting of the key parameters
will be coordinated with the CLIENT. This verification process will be ongoing during the
Performance Guarantee Period.
Page 9 of 24
Siemens Industry, Inc., Building Technologies Division
Exhibit C - Performance Assurance
v. 060611
Exhibit C - Performance Assurance
City of Clearwater, Florida
Description - Based on the biosolids production of both Northeast and East APCF, the
design operating capacity of the centrifuge is 150 gpm, achieving 24% total solids. Based
on the results and sludge characteristics from the pilot test that was conducted by Andritz
in 2006, SIEMENS will guarantee 24% cake at the specified loading. The % solids
measurements are already recorded in the CLIENT'S Laboratory Information Management
System (LIMS) and entered into the plant's SCADA system. The CLIENT will notify SIEMENS
if the % solids drop below the guaranteed 24% on a monthly basis.
Northeast WRF (Based on 2010 Sludge Production Data)
Remarks for Belt Press
Belt Press Centrifuge (annual average)
Sludge flow to (Estimated from H&H
belt press: 15.67 15.67 MG/year report)
2.24 2.24 % Solids PAD (From DMR)
9,628.29 6,097.92 wt/year
15.20
1,463.50
Polymer usage: 17.77
7,964.12
65,029.00
Operating
schedule: 89.52
4,655.00
56.10
Number of unit: 2.00
Poljrrrir?
gal/year
$/ga I
24.00 %
> 95 % solids capture
1,463.50 dt/year
25.00
10,967.48
91,468.75
33.48
1,740.87
150.00
1.00
Existing
Conditions
7,964.12
8.42
lb active/dt
gal/year
lb/year
hrs/week
hr/year
gpm
New
Centrifuge Savings
10,967.48
8.42
(Based on H&H report,
see worksheet
"Compare")
(Based on H&H
report, see
worksheet
"Compare")
(40% active
Based on Polydyne
5E-797 used by the
city)
(From DMR)
(From DMR)
(From DMR)
Subtotal
$/year 67,057.89 92,346.15 $ (25,288.26)
Page 10 of 24
Siemens Industry, Inc., Building Technologies Division
Exhibit C - Performance Assurance v. 060611
Exhibit C - Performance Assurance
City of Clearwater, Florida
Pdw?
HP/unit 10 100
kW/unit 8.3 83
KW-
hr/year 38,636.50 144,492.14
$/kW-hr 0.1 0.1
Subtotal
$/year 3,863.65 14,449.21 $ (10,585.56)
KW-hr/dt 26.40 98.73
Dispb?al Land
Application
wt/year 9,628.29 6,097.92
$/wet ton 23.8 23.8
Subtotal
$/year 229,153.29 145,130.42 $ 84,022.87
Total Annual (O&M with Land Application Disposal) $ 48,149.05
In order to determine the real operations and maintenance costs associated with each dewatering
technology, all of the above parameters were reviewed. However, SIEMENS did not include the
labor and maintenance costs for Facility employees and washwater usage in the final savings
analysis for this FIM.
Sample Shortfall Calculation:
Baseline Parameters:
Maximum Polymer Usage
Maximum kWh Usage
Minimum % Solids
Minimum Capture Rate %
25 Pounds active/Dry Ton
98.73 kWh/Dry Ton
24% Solids
95% Capture Rate
Sample Year 1 Parameters:
Maximum Polymer Usage
Maximum kWh Usage
Minimum % Solids
Minimum Capture Rate %
25 Pounds active/Dry Ton
98.73 kWh/Dry Ton
22% Solids
95% Capture Rate
Baseline Year Wet Tons at 24% Solids = 6,097.92 wet tons
Sample Year 1 Wet Tons at 22% Solids = 6,652.27 wet tons
Year 1 Savings Total Units = 6,097.92 - 6,652.27 = -554.35 wet tons
Guarantee not met 4 shortfall check to be written to the CLIENT in the amount
of:
Sample Shortfall Dollars = 554.35 wet tons * $23.801wet ton = $13,193.53
Page 11 of 24
Siemens Industry, Inc., Building Technologies Division
Exhibit C - Performance Assurance
v. 060611
Exhibit C - Performance Assurance
City of Clearwater, Florida
4.2.4 Northeast APCF - FIM #4 - Methane Recapture and FOG Receiving
M&V Method - The key measurement parameters for this FIM are annual run time and
annual available hours associated with the Engine-Generator. This is a new system so
there are no baseline measurements for this FIM. The post retrofit run-hours will be
measured with an elapsed run time meter and compared with records of downtime.
SIEMENS will record the actual generator run-hours and check for reasonability
approximately once per quarter and record and document incidents where run time was
reduced with determination of down-time cause. The annual rollup of runtime/downtime
with details as to cause of downtime will be reported to CLIENT.
Description - Significant annual utility cost savings are anticipated with the
implementation of the Cogeneration and FOG Receiving Station. The indicated utility
savings are based upon specific and key contributing factors, including: a set of Key
Elements and Technical Assumptions as listed within the NE APCF FIM #4 section of
Exhibit E, which identify operational parameters, and subsequent derivation of digester
energy levels produced; the baseline utility tariff; and targeted quality, and anticipated
volume, of FOG delivered at the NE APCF.
o Electrical Cost Savings Projection - Derivation. The projected electrical cost
savings will be derived through on-site electrical generation, thereby supplanting
purchased power. To determine the actual net power generation by the
cogeneration system, the estimated parasitic load of the two new systems (due to
connected loads from new pumps, blower, refrigeration system) was summed,
then deducted from the generator's gross capacity, as indicated below.
Generator Gross Capacity @ 335 kW
Estimated Parasitic Load @ 46 kW
Cogeneration System Net Output @ 289 kW
Performance Guarantee. SIEMENS will provide a Performance Guarantee stating
that the Engine-Generator uptime (i.e. availability), within a typical Annual Period
of 8760 hours, will accrue to no less than 8000 hours. Annual Period available
hours are considered those hours that the cogeneration system is in ready-state
mode and capable of operating in normal functional mode. Conversely,
unavailable hours are considered those hours that a component of the
cogeneration is off-line for reasons other than operations preference, including
periods for regular, preventative, or corrective maintenance requirements. In
addition to stated availability, SIEMENS will guarantee Engine-Generator
conversion effectiveness, gross heat rate, as a component of the Performance
Guarantee. The guaranteed gross heat rate will be at or below an average 11,600
btu per kwh, and is determined by dividing the amount of gas energy content in
the lower level heating value in Btus, delivered to the engine divided by the
generator kilowatt output measured at the generator output terminals. Potential
to achieve projected savings is maximized so long as the technical assumptions
are maintained, as identified in the FIM description within Exhibit E (Detailed
Energy Audit). The minimum digester gas quality and quantity standards to be
presented to the fuel conditioning system is: A methane content at no less than
50%, carbon dioxide content at no greater than 40%, oxygen content no greater
than 5%, hydrogen sulfide content at no greater than 335 ppmv, siloxanes (as
silicon) no greater than 5 ppmv.; and no less than 1,902,400 btu/hr (equivalent of
164 kW at 50% load) in order to sustain stable combustion.
Page 12 of 24
Siemens Industry, Inc., Building Technologies Division
Exhibit C - Performance Assurance v. 060611
Exhibit C - Performance Assurance
City of Clearwater, Florida
A performance reconciliation of the cogeneration system shall be conducted
after each Annual Period. If the available uptime of the Engine-Generator is
8,000 hours or more for the Annual Period, the Performance Guarantee will have
been met. If the uptime is less than 8,000 hours for the Annual Period, the
Performance Guarantee will not have been met and a shortfall payment will be
owed. Accordingly, the following equation will be used to calculate the payment:
SHORTFALL PAYMENT EQUATION, REGARDING AVAILABILITY:
Shortfall Paymentav ($) = Annual Shortfall Hours [i.e. 8000 hours minus
Actual Available Hours] x Cogeneration System Net Output (kW) x Annual
Period blended utility rate ($/kWh) for the Northeast APCF.
EXAMPLE: If Annual Period Availability is determined at 7925 hours
Performance Guarantee: Annual Period Availability = 8000 hours
Guarantee not met 4 shortfall check to be written to the CLIENT in the
amount of:
Shortfall Paymentav ($) _ (8000 hours - 7925 hours) x 289 kW x Blended
Rate @ $0.101kwh = $2,167.50
If the Engine-Generator gross heat rate is calculated at an average of
11,600 btulkwh or less, then the Performance Guarantee will have been
met. If the average gross heat rate is calculated at greater that 11,600
Btulkwh for the Annual Period, the Performance Guarantee will not have
been met and a shortfall payment will be owed. Accordingly, the
following equation will be used to calculate the payment:
SHORTFALL PAYMENT EQUATION, REGARDING GROSS HEAT RATE:
Shortfall PaymentcHR ($) _ [164 kw] - [1,902,400 BtuH I (Annual Actual
Gross Heat Rate, Average (btu/kWh)) - 11,600 Btulkwh] x Annual Period
Available Hours x blended utility rate ($/kWh) for the Northeast APCF.
EXAMPLE: If Annual Period Gross Heat Rate is determined at 11,700 BtulkWH
Performance Guarantee: Annual Period Gross Heat Rate = 11,600 BtulkWH
Guarantee not met 4 shortfall check to be written to the CLIENT in the amount
of:
Shortfall PaymentGHR ($) _ [164 kw] - [1,902,400 BtuH / 11,700 btu/kWh]
x 8000 hours x Blended Rate @ $0.101kwh = $1,121.37
Calculation of Projected Savings. As an illustration of projected cost savings, a
summary of the proportioned hours is as follows
Estimated Operational On-peak Hours .... 2000 hours
Estimated Operational Off-peak Hours .... 6000 hours
Total Available Hours in Annual Period = 8000 hours
The following subparts are calculated and summed for total projected annual
electrical savings.
Page 13 of 24
Siemens Industry, Inc., Building Technologies Division
Exhibit C -- Performance Assurance v. 060611
Exhibit C - Performance Assurance
City of Clearwater, Florida
- On-Peak Demand: kW x $4.82/kW x 12 months = On-Peak Demand Savings
- Off-Peak Demand: kW x $1.68/kW x 12 months = Off-Peal Demand Savings
- On-Peak Energy: 2000 hours x kW x $0.098051 kwh = On-Peak Energy
Savings
- Off-Peak Energy: 6000 hours x kW x $0.061601 kwh = Off-Peak Energy
Savings
The Demand Savings and Energy Savings will follow a stepwise/gradual increase
over the initial three Annual Period of the Performance Guarantee Period. Said
increasing electrical savings amounts will occur as they will coincide with the
planned graduated FOG delivery schedule. That is, as more FOG is received, more
Digester Gas is produced, thus enabling the generator to load, on an average
basis, more towards full capacity. So as to accommodate the phased-in FOG
delivery plan, a graduated delivery schedule, anticipated over the initial three-
year period, will be targeted by CLIENT. The schedule is as described within the
Key Elements and Technical Assumptions section of NE APCF FIM #4 description
within Exhibit E. In order to achieve the projected Utility Savings in Annual Period
1, as identified within Table 1.2, the rate of FOG addition to the Digester is 4500
GPD.
4.2.5 Northeast APCF - FIM #5 - Mixer Replacements
M&V Method - The key measurement parameters for this FIM are pre and post-retrofit
wattage. An actual measurement of kW consumed by the mixers will be measured pre-
retrofit and post-retrofit to demonstrate calculated reduction was attained for each
horsepower range. The same watt meter will be used to check both the pre and post-
retrofit wattages. These measurements will be performed one time and will be
documented in the Construction Period report.
Description - The savings for this FIM comes from the reduction in horsepower required to
meet the mixing requirements within each of the fermentation, first and second anoxic
tanks. Energy savings are determined by calculating baseline and post-installation kW and
kWh. The detailed calculation is included in Appendix 1, Energy Savings Calculations of
the Detailed Energy Audit (Exhibit E).
Pre-installation M&V measurements were taken on 14 mixers with a sampling within each
of the 3 tanks (Fermentation, 15' Anoxic and 2nd Anoxic). Post-installation M&V
measurements for the Mixer Replacements will be performed using the same sample size
and testing equipment as the pre-measurements. For details of the pre-measurements,
refer to Appendix 2 of the Detailed Energy Audit.
Calculations-
Existing Motor Size (HP) = 25 HP, 25 HP and 10 HP
Existing Motor Efficiency (NEMA B) = 88.5%, 88.5% and 85.5%
Existing Motor Load (RPM) = 1730, 1730, 1750
Existing On-Peak Hours = 2,190
Existing Off-Peak Hours = 6,570
Existing Motor kW (Measured) = 6.025 kW, 8.125 kW and 4.3 kW
Proposed Motor Size (HP) = 2 HP, 5 HP, 1 HP
Proposed Motor Efficiency (Manufacturer) = 94.5%
Proposed Motor Load (RPM) = 1800
Proposed On-Peak Hours = 2,190
Page 14 of 24
Siemens Industry, Inc., Building Technologies Division
Exhibit C - Performance Assurance v. 060611
Exhibit C - Performance Assurance
City of Clearwater, Florida
Proposed Off-Peak Hours = 6,570
Proposed Motor kW (Calculated) = 1.3428 kW, 3.357 kW and 0.6714 kW
Existing On-Peak kWh = 360,341.7
Existing Off-Peak kWh = 1,081,025
Existing Demand kW = 1,777.03
Proposed On-Peak kWh = 82,934.8
Proposed Off-Peak kWh = 248,804.4
Proposed Demand kW = 408.99
Annual Savings On-Peak kWh = 277,406.9
Annual Savings Off-Peak kWh = 832,220.8
Annual Savings kW = 1,368.034
Annual Energy Savings $ = Consumption Savings $ + Demand Savings $
Annual Energy Savings $ = $78,464.55 + $8,892.2
Annual Energy Savings $ _ $87,356.77
Total Annual Guaranteed Savings $ = $82,989
Speed Ratio Correction = ((New RPM)/(Existing RPM))A3
Existing Energy (kWh) = Existing kW / Existing Eff. x Operating Hours
Existing Demand (kW) = Existing kW / Existing Eff. x Peak Load Months x Utiliz Factor
Proposed Energy (kWh) = Proposed kW/New Eff. x Operating Hours x Speed Factor
Proposed Demand (kW)= Proposed kW/New Eff. x Peak Load Months x_Utiliz Factor x Speed Factor
4.2.6 Marshall Street APCF -- FIM #2 - Indoor/Outdoor Lighting
M&V Method - The key measurement parameter for this FIM is pre and post-retrofit
wattage. A sample of Lighting Ballast Combinations (LBCs), not to exceed 5% of total
fixtures retrofit, will be measured pre-retrofit and post-retrofit to demonstrate calculated
reduction was attained. An as-built lighting listing will be provided to CLIENT showing
total target wattage reduction was achieved or exceeded. The same watt meter will be
used to check both the pre and post-retrofit wattages. The post measurements will be
taken after the manufacturers recommended burn-in period. These measurements will be
performed one time and will be documented in the Construction Period report.
Description - The following table lists the predicted energy and maintenance savings.
Refer to Appendix 1 of the Detailed Energy Audit (Exhibit E) for details.
Table: Predicted Energy Savings
Annual Reduction
FIM kWh kW
(12 month sum)
Lighting Efficiency
238,647 326
-improvements
Calculations - Energy savings is determined by calculating baseline and post-installation
lighting kW and kWh. Fixture Wattages are based on an Industry table of standard
Wattages.
Page 15 of 24
Siemens Industry, Inc., Building Technologies Division
Exhibit C - Performance Assurance
v. 060611
Exhibit C - Performance Assurance
City of Clearwater, Florida
Baseline:
Where:
total kW, = qty of fixtures x kW fi=- b-, x diversity
total kWh bas. = total kW base x operating hours
• total kW base = cumulative baseline electric power draw of lighting
fixtures
• qty of fixtures = quantity of similar fixtures in the group represented
by the sampling
• kW fixture base = baseline fixture wattage determined from
measurement or from Industry standard table of fixture Wattages
• Diversity = fraction of fixtures on simultaneously
• total kWh base = cumulative baseline electric energy consumption of
lighting fixture
• Operating Hours = number of stipulated annual operating hours as
determined by building operating hours and occupant interviews
Post-installation:
Lights post (kW) = # of fixtures x (Fixture kW Post) x diversity
Lights post (kWh) = Lights post (kW) x Operating Hours
Where:
• Fixture kW post = baseline fixture wattage determined from
measurement
• # of fixtures = number of similar fixtures
Lights post (kW) = cumulative baseline electric power draw of lighting
fixtures
• Lights post (kWh) = cumulative baseline electric energy consumption
of lighting fixtures
Operating Hours = number of stipulated annual operating hours as
determined by building operating hours and occupant interviews.
These hours are the same as the base case unless occupancy sensors
are installed in the circuit. The reduction in operating hours will be
assumed to be 50% for all these circuits.
Efficiency Savings:
• Savings lights (kW) = Lights base (kW) - Lights Post (kW)
• Savings lights (kWh) = Lights base (kWh) - Lights Post (kWh)
Sample Calculations for this FIM are shown below:
xioipg ghtmg 5ystem'
Total E` I f?oL{'rs; kWh/yr
r . kW ..
Q roars ::1 k a fF . a `G ;.k orgy- a Off- eA
2X4 2 LAMP
T12 67 6570 2163 4407 5,092 5.09 11,010 22,432
TROFFER
Page 16 of 24
Siemens Industry, Inc., Building Technologies Division
Exhibit C - Performance Assurance
v. 060611
Exhibit C -- Performance Assurance
City of Clearwater, Florida
{ Proposledigh#?n?5?stem;
Total Hours
kWhlyr
Hours
EC
t Hours o
ea
''
"Off ants i
?
kW
aff
k
du ti
Re con
y ;
P ,
Q
n
- ea
a
67 2,848 2.85 15,565 18,725 16.87%
2LXP 17 6570 2163 4407 748 0.75 1,349 2,748
2LXS 50 6570 2163 4407 2,100 2.10 3,776 7,693
AXMSCMD 2 0 1798.02 3663.37 0 0.00 0
AXMSWDT 4 0 0 0.00 0
AXMWDT2 1 0 0 0.00 0
k W,
Savings
kW Savings .
r
per { 4$lyr)
y
26.88 $87.36
:i
kV?l? VI.okWh $ Savings ?I
17d :?
}y ak
?affai Ok : "V1117PO o f peak
5,885 11,991 $577.05 $738.65
4.2.7 Marshall Street APCF - FIM #3 - Dewatering Centrifuge
M&V Method - The key measurement parameters for this FIM are maximum polymer
usage, maximum energy usage, minimum % solids and minimum % solids capture rate.
Maximum Polymer Usage
Maximum kWh Usage
Minimum % Solids
Minimum Capture Rate %
25 Pounds active/Dry Ton
102.29 kWh/Dry Ton
24% Solids
95% Capture Rate
The Baseline for this FIM is based on the existing system usage and a pilot study
performed by Andritz. Monthly reporting of the key parameters will be coordinated with
the CLIENT. This verification process will be ongoing through the Performance Guarantee
Period.
Description - Based on the biosolids production of the Facility, the design operating
capacity of the centrifuge is 150 gpm, achieving 24% total solids. Based on the results and
sludge characteristics from the pilot test that was conducted by Andritz in 2006, SIEMENS
will guarantee 24% cake at the specified loading. The % solids measurements are already
recorded in the CLIENT'S Laboratory Information Management System (LIMS) and entered
into the plants SCADA system. The CLIENT will notify SIEMENS if the % solids drop below
the guaranteed 24% on a monthly basis.
Page 17 of 24
Siemens Industry, Inc., Building Technologies Division
Exhibit C - Performance Assurance
v. 060611
Exhibit C - Performance Assurance
City of Clearwater, Florida
Marshall Street WRF (Based on 2010 Sludge Production Data)
Remarks for Belt Press (annual
Belt Press Centrifuge average)
Sludge flow to
belt press: 11.13 11.13 MG/year (Estimated from H&H report)
2.16 2.16 %Solids PAD (From DMR)
6,828.57 4,182.50 wt/year
% (annual (Based on H&H report, see
14.70 24.00 average) Worksheet "Compare")
>95 % Solids capture
(Based on H&H report, see
1,003.80 1,003.80 dt/year Worksheet "Compare")
Polymer (40% active - Based on Polydyne
usage: 24.90 25.00 lb active/dt 5E-797 used by the City)
71291.05 7,522.48 gal/year (From DMR)
62,475.36 62,737.50 lb/year (From DMR)
Operating
schedule: 127.19 23.79 hrs/week
6,614.00 1,237.12 hr/year (From DMR)
28.06 150.00 gpm
Number of
unit: 1.00 1.00
Existing New
Conditions Centrifuge Savings
gal/year 7,291.05 7,522.48
$/gal 8.42 8.42
Subtotal
$/year 61,390.64 63,339.30 $ (1,948.66)
HP/unit 10 100
kW/unt 8.3 83
KW-hr/year 54,896.20 102,681.22
$/kW-hr 0.1 0.1
Subtotal
$/year 5,489.62 10,268.12 $ (4,778.50)
KW-hr/dt 54.69 102.29
?10 '0 ) ?!]? x ?u' ga ;}6 r ?? it r t- i qqq
wt/year 6,828.57 4,182.50
$/wet ton 23.8 23.8
Subtotal
$/year 162,520.00 99,543.50 $ 62,976.50
Page 18 of 24
Siemens Industry, Inc., Building Technologies Division
Exhibit C - Performance Assurance
v. 060611
Exhibit C - Performance Assurance
City of Clearwater, Florida
Total Annual (O&M with Land Application
56,249.34
In order to determine the real operations and maintenance costs associated with each dewatering
technology, all of the above parameters were reviewed. However, SIEMENS did not include the
labor and maintenance costs for Facility employees and washwater usage in the final savings
analysis for this FIM.
Sample Shortfall Calculation:
Baseline Parameters:
Maximum Polymer Usage
Maximum kWh Usage
Minimum % Solids
Minimum Capture Rate %
25 Pounds active/Dry Ton
102.29 kWh/Dry Ton
24% Solids
95% Capture Rate
Sample Year 1 Parameters:
Maximum Polymer Usage
Maximum kWh Usage
Minimum % Solids
Minimum Capture Rate %
25 Pounds active/Dry Ton
102.29 kWh/Dry Ton
22% Solids
95% Capture Rate
Baseline Year Wet Tons at 24% Solids = 4,182.50 wet tons
Sample Year 1 Wet Tons at 22% Solids = 4,562.73 wet tons
Year 1 Savings Total Units = 4,182.50 - 4,562.73 = -380.23 wet tons
Guarantee not met 3 shortfall check to be written to the CLIENT in the amount of:
Sample Shortfall Dollars = 380.23 wet tons * $23.80/wet ton = $9,049.47
4.2.8 Marshall Street APCF - FIM #4 - Mixer Replacements
M&V Method - The key measurement parameters for this FIM are pre and post-retrofit
wattage. An actual measurement of kW consumed by the mixers will be measured pre-
retrofit and post-retrofit to demonstrate calculated reduction was attained for each
horsepower range. The same watt meter will be used to check both the pre and post-
retrofit wattages. These measurements will be performed one time and will be
documented in the Construction Period report.
Description - The savings for this FIM comes from the reduction in horsepower required to
meet the mixing requirements within each of the fermentation, first and second anoxic
tanks. Energy savings is determined by calculating Baseline and post-installation kW and
kWh. The detailed calculation is included in Appendix 1, Energy Savings Calculations of
the Detailed Energy Audit (Exhibit E).
Pre-install M&V measurements were taken on 14 mixers with a sampling within each of
the 3 tanks (Fermentation, 1St Anoxic and 2nd Anoxic). Post-install M&V measurements for
the Mixer Replacements will be performed using the same sample size and testing
equipment as the pre-measurements. For details of the pre-measurements, refer to
Appendix 2 of the Detailed Energy Audit (Exhibit E).
Page 19 of 24
Siemens Industry, Inc., Building Technologies Division
Exhibit C - Performance Assurance
v. 060611
Exhibit C - Performance Assurance
City of Clearwater, Florida
Calculatinns-
Speed Ratio Correction =
Existing Energy (kWh)
Existing Demand (kW) _
Proposed Energy (kWh) _
Proposed Demand (kW)=
Existing Motor Size (HP) = 10 HP
Existing Motor Efficiency (NEMA B) = 85.5%
Existing Motor Load (RPM) = 1750
Existing On-Peak Hours = 2,190
Existing Off-Peak Hours = 6,570
Existing Motor kW (Measured) = 4.34 kW, 4.68 kW and 4.182 kW
Proposed Motor Size (HP) = 1 HP
Proposed Motor Efficiency (Manufacturer) = 94.5%
Proposed Motor Load (RPM) = 1800
Proposed On-Peak Hours = 2,190
Proposed Off-Peak Hours = 6,570
Proposed Motor kW (Calculated) = 0.6714 kW
Existing On-Peak kWh = 303,126.74
Existing Off-Peak kWh = 909,380.21
Existing Demand kW = 1,494.87
Proposed On-Peak kWh = 45,715.22
Proposed Off-Peak kWh = 137,415.65
Proposed Demand kW = 225.44
Annual Savings On-Peak kWh = 257,411.52
Annual Savings Off-Peak kWh = 772,234.56
Annual Savings kW = 1,269.43
Annual Energy Savings $ = Consumption Savings $ + Demand Savings $
Annual Energy Savings $ _ $72,808.85 + $8,251.27
Annual Energy Savings $ = $81,060.12
Total Annual Guaranteed Savings $ = $77,007
((New RPM)I(Existing RPM))^3
Existing kW I Existing Eff. x Operating Hours
Existing kW I Existing Eff. x Peak Load Months x Utiliz Factor
Proposed kW/New Eff. x Operating Hours x Speed Factor
Proposed kWlNew Eff. x Peak Load Months x Utiliz Factor x S
4.2.9 East APCF - FIM #1 - Indoor/Outdoor Lighting
Factor
M&V Method - The key measurement parameter for this FIM is pre and past-retrofit
wattage. A sample of Lighting Ballast Combinations (LBCs), not to exceed 5% of total
fixtures retrofit, will be measured pre-retrofit and post-retrofit to demonstrate calculated
reduction was attained. An as-built lighting listing will be provided to CLIENT showing
total target wattage reduction was achieved or exceeded. The same watt meter will be
used to check both the pre and post-retrofit wattages. The post measurements will be
taken after the manufacturers recommended burn-in period. These measurements will be
performed one time and will be documented in the Construction Period report.
Page 20 of 24
Siemens Industry, Inc., Building Technologies Division
Exhibit C - Performance Assurance v. 060611
Exhibit C - Performance Assurance
City of Clearwater, Florida
Description - The following table lists the predicted energy and maintenance savings.
Refer to Appendix 1 of the Detailed Energy Audit for details.
Tabie: Predicted Energy Savings
Annual Reduction
FIM kWh kW
(12 month sum)
Lighting Efficiency 74,668 98
-Improvements
Calculations - Energy savings is determined by calculating Baseline and post-installation
lighting kW and kWh. Fixture Wattages are based on an Industry table of standard
wattages.
Baseline:
Where:
total kW,.., = qty of fixtures x kW fixture bare x diversity
total kWh base = total kW base x operating hours
total kW base = cumulative baseline electric power draw of lighting
fixtures
• qty of fixtures = quantity of similar fixtures in the group represented
by the sampling
• kW fixture base = baseline fixture wattage determined from
measurement or from industry standard table of fixture Wattages
• Diversity = fraction of fixtures on simultaneously
• total kWh base = cumulative baseline electric energy consumption of
lighting fixture
• Operating Hours - number of stipulated annual operating hours as
determined by building operating hours and occupant interviews
Post-installation:
Lights Post (kW) _ # of fixtures x (Fixture kW Post) x diversity
Lights post (kWh) = Lights post (kW) x Operating Hours
Where:
• Fixture kW post = baseline fixture wattage determined from
measurement
# of fixtures = number of similar fixtures
• Lights past (kW) = cumulative baseline electric power draw of lighting
fixtures
• Lights post (kWh) = cumulative baseline electric energy consumption
of lighting fixtures
• Operating Hours = number of stipulated annual operating hours as
determined by building operating hours and occupant interviews.
These hours are the same as the base case unless occupancy sensors
are installed in the circuit. The reduction in operating hours will be
assumed to be 50% for all these circuits.
Efficiency Savings:
• Savings lights (kW) = Lights base (kW) - Lights Post (kW)
• Savings lights (kWh) = Lights base (kWh) - Lights Post (kWh)
Page 21 of 24
Siemens Industry, Inc., Building Technologies Division
Exhibit C - Performance Assurance v. 060611
Exhibit C - Performance Assurance
City of Clearwater, Florida
Sample Calculations for this FIM are shown below:
F11 1? yu? ? -
iq ? t ? Ali I ?
t 1 i
I t.Vi! i ?, w@.? i i? 5 1 r rtli?l+ I i i Exl$#1178 ?g tip stem
Total Ours h
ff.. on off=,
an ? ?? ?, P I Waits 1
H k J, i .,, IG W ? ea k
S :n
Q
Existin
9 Fixture
2X4 2 LAMP T12
TROFFER 17 6,570 2,163 4,407 1,292 1.29 2,790 5,685
Propose LighXmo Sysei'. it
?? 1. .'.
u, . iTQta l Hours kWhyr. Hours
u ,n Red
kW III uction
?CI* I Qty .4Wrs. on-peak' off be4k On= eak °ff, 0A
17
2LXS 17 6570 2,163 4,407
AXMSCMD 3 1,548 3,155
714 0.71 3,339 4,665 28.42%
714 0.71 1,099 2,240
6.96 $22.62 1,691 3,445 $165.80 $212.23 1
4.3 Option B - Retrofit Isolation: All Parameter Measurement
Not Applicable
4.4 Option C - Whole Facility
Not Applicable
4.5 Option D -- Calibrated Simulation
Not Applicable
Page 22 of 24
Siemens Industry, Inc., Building Technologies Division
Exhibit C - Performance Assurance
v. 060611
Exhibit C - Performance Assurance
City of Clearwater, Florida
Article 5: Baseline Data
5.1 Each FIM has its own Baseline data which are described in more detail in the Detailed
Energy Audit (Exhibit E) and the calculations defined in Article 4 above. This Baseline data
will be used as the reference for comparing the various Facilities' consumption during the
Performance Guarantee Period in order to determine Annual Realized Savings.
5.2 Facility Operating Practices - The Facility operating practices are provided in the Detailed
Energy Audit (Exhibit E), which is effectively 2417 for all Facilities. This data reflects the
operating characteristics that were in effect when Baseline data was observed. The
Guaranteed Savings provided under this Agreement are based on the efficiencies gained
by implementing the FIMs detailed in Exhibit A.
5.3 Applicable codes - Federal, State (Provincial), County or Municipal codes or regulations are
applicable to the use and operation of the Facility. SIEMENS will maintain the current
level of Facility compliance relative to applicable codes unless specifically outlined to the
contrary below. Unless specifically set forth in the Scope of Work and Services, Exhibit A,
nothing herein should be construed as to require SIEMENS to provide additional work or
services in the event that the current applicable code or regulation is modified.
5.4 Building Inventory - The equipment inventory for the CLIENT'S Facilities is given in the
Detailed Energy Audit (Exhibit Q.
5.5 The following appendices are included in the Detailed Energy Audit (Exhibit E) and made a
part of this Agreement by this reference:
Appendix 1: Energy Savings Calculations
Appendix 2: Pre-Measurements
Appendix 3: Manufacturer's Data Sheets
Appendix 4: Drawings
Appendix 5: Maintenance Tasks
Appendix 6: Scope of Work Summary
Appendix 8: Facility Operating Practices
Page 23 of 24
Siemens Industry, Inc., Building Technologies Division
Exhibit C - Performance Assurance v. 060611
Exhibit C - Performance Assurance
City of Clearwater, Florida
Article 6: Utility Rate Structures and Escalation Rates
6.1 Utility costs used for Savings calculations will be based on the utility rates and rate
escalation percentages provided herein. The rate identified below is a stipulated rate, and
is shown below for each utility. An escalation rate of 3% per Annual Period will be applied
to the below stipulated utility rates.
6.2 The Facilities are all on the same electric rate structure. Electricity services are provided by
Progress Energy. The rate structure currently in use is the GS TOU IST-1. This rate structure
increased on 0410112010, so the new rates were used in the savings calculations where
applicable. Rate details are provided below:
On-Peak Periods for Time of Use Rates:
On-Peak periods for TOU rates are Monday through Friday as follows:
o November through March 6 to 10 AM 1 6 to 10 PM
o April through October Noon to 9 PM
All other hours, including Saturday, Sunday and six major holidays (New Year's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and
Christmas) and the adjacent weekday if a holiday falls on Saturday or Sunday, are
considered Off-Peak. Therefore, during a typical Annual Period of 8,760 hours, it
is determined that there are 2,190 On-Peak hours and 6,570 Off-Peak hours.
Demand Charges:
Base Demand Charge $1.681kW
On-Peak Demand Charge $4.82/kW
Energy Charges:
On-Peak Energy Charge $0.027361kWh
On-Peak Fuel Cost Recovery Factor $0.070691kWh
Total On-Peak Energy Charges $0.098051kWh
Off-Peak Energy Charge $0.02271 /kWh
Off-Peak Fuel Cost Recove Factor 0.038891kWh
Total On-Peak Energy Charges $0.0616/kWh
Article 7: Contracted Baseline Data
7.1 Because the Facilities operate 2417, the Contracted Baseline operating parameters for
each Facility is the same as those described in the Baseline data addressed in Article 5.
7.2 Post-install M&V measurements for the Mixer Replacements at all Facilities will be
performed using the same sample size and testing equipment as the pre-measurements.
For details of the pre-install measurements, refer to Appendix 2 of the Detailed Energy
Audit (Exhibit Q.
Page 24 of 24
Siemens Industry, Inc., Building Technologies Division
Exhibit C - Performance Assurance
v. 060611
Exhibit D - Owner Direct Purchase Procedure
City of Clearwater, Florida
Owner Direct Purchase Procedure
Pursuant to Section 212.08(6) of the Florida Statutes and the Fla. Admin. Code Ann. R. 12A-
1.094 and 12A-1.038, the Parties agree to the following procedure regarding CLIENT's direct-
purchase from vendors of certain equipment to be used in the Project:
1. The CLIENT reserves the right, at the CLIENT's option, to direct purchase materials,
equipment, and furnishings involved in the project, including subcontracts, if any. SIEMENS and
its subcontractors, if any, shall comply with the CLIENT's direct purchase procedures, including
but not limited to those listed below.
2. Within 15 days of execution of execution of the Agreement, SIEMENS shall submit a list
of potential direct purchase items for the CLIENT's consideration. The intent is for single items or
large quantities of single items of approximately $5,000.00 or more to be considered for direct
purchases. The Parties acknowledge that CLIENT may be directly purchasing some of the
material and/or equipment necessary for the project so as to save the sales tax which would
otherwise have been due with regard to same.
3. Along with the list, SIEMENS shall also include the price quotes from the vendors from
the bid, including any terms and conditions negotiated with the vendors. SIEMENS is responsible
for selecting the vendor, specifications, material receipt, inspecting shipments, and assuring that
the material is in accordance with the specifications. In the event the CLIENT determines to make
additional direct purchase of material and/or equipment for the Project, the direct purchase will be
authorized by a deductive change to the Agreement. The deductive change for the direct
purchase shall reduce the contract amount by the cost of the material and sales tax otherwise
due from the CLIENT to SIEMENS by the cost to be paid by the CLIENT for the material and/or
equipment to be directly purchased by the CLIENT and by the sales tax saved by the CLIENT
directly purchasing the material and/or equipment. SIEMENS retains all responsibility for storage
and installing the Equipment and for maintaining the project schedule. The CLIENT's Direct
Purchase mechanism to effectuate tax savings in no way effects the obligation of SIEMENS to
meet all of the terms and conditions and all provisions and technical specifications of the
Agreement. SIEMENS shall be responsible for insuring all materials and items in his care,
custody and control, regardless of whether directly purchased by the CLIENT or not. The
materials directly purchased by the CLIENT for inclusion into the project are subject to the terms
and conditions set forth in Attachment 1, "City of Clearwater, FL Direct Purchased Material" to the
Agreement. In the event of conflict between the terms of this Exhibit D and the terms of
Attachment 1, this Exhibit D shall control.
4. The Direct Purchase items selected, and upon request of an order by SIEMENS, the
Purchasing Department will issue a direct purchase order to the vendor at the price proposed in
the subcontractor's or contractor's bid, less sales tax. The CLIENT reserves the option to issue
the direct purchase orders to the CLIENT's annual contract vendors or State contract vendors for
comparable or lower prices, but will subtract from the Agreement the price shown on the
subcontractor's or contractor's bid. For construction management projects, items for direct
purchase will be identified by or before the Construction Period.
5. It will be SIEMENS sole and complete responsibility to properly expedite and follow up on
direct purchase orders, thereby assuring delivery of the item as ordered and at the time and place
needed by SIEMENS.
6. SIEMENS shall take delivery, unload, store and install the materials and equipment
purchased on the direct purchase order in accordance with the bid, protect and maintain in proper
condition; and work with the vendor to repair, replace, and make good any defect without cost to
the CLIENT, until such time as the Work has been completed and Acceptance by the CLIENT
Page 1 of 2
Siemens Industry, Inc., Building Technologies division
Exhibit D - Owner Direct Purchase Procedure v.060611
Exhibit D - Owner Direct Purchase Procedure
City of Clearwater, Florida
has occurred. SIEMENS will be responsible for undertaking and completing any returns of direct
purchase materials or equipment, and working with the vendor to effectuate any warranties for
defective materials or equipment, or resolving any problems related to the direct purchase
materials and equipment. SIEMENS will coordinate corrective action. Any returns not replaced
shall be credited to the CLIENT and acknowledged by a supplement to the direct purchase order
and, if applicable, amendment to SIEMENS' Price. SIEMENS shall not be responsible for
warranting the materials and equipment to the CLIENT, however, the contractor shall be
responsible for maintaining the vendor's warranty of the material or equipment purchased by
direct purchase order by the CLIENT. SIEMENS shall maintain records of all direct purchases
received and incorporated into the Work and provide the CLIENT with a monthly accounting.
7. When delivery of a direct purchase order is complete, or a payment is to be made on a
partial shipment, SIEMENS will immediately submit to the CLIENT the invoice and documentation
supporting the goods received. Invoices for direct purchase orders will be sent by the direct
purchase vendor to SIEMENS. SIEMENS will verify delivery and sign the invoice and associated
documentation supporting the amount of the payment. Payment will be made by check mailed to
the direct purchase vendor as of the next available check run of the CLIENT. SIEMENS will
assist the CLIENT in assuring prompt payment by supplying the vendor's FEI numbers,
addresses, phone numbers, etc.
By signing below, this Exhibit D is attached to and made a part of the Agreement between
SIEMENS and the CLIENT.
SIEMENS: Siemens IV ry Inc.
Signature:
Printed Name: Mike a mey
Title: Sr. Director, Energy & Enviromental SoWoms
Date:
Signature:
Printed Name:
Title:
Date:
Countersigned:
Frank V. Hibbard
Mayo r-Cpijcilmember
CITY OF CLEARWATER
William B. Horne II..
City Manager
ATTEST:
Camilo A. Soto
Assistant City Attorney
Rosemarie Call
City Clerk
M9 -
Page 2 of 2
Siemens Industry, Inc., Building Technologies division
Exhibit D - Owner Direct Purchase Procedure
v.060611