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WATER RECLAMATION FACILITY MASTER PLAN PROJECT - 17-0007-UTMASTER AGREEMENT BETWEEN CITY OF CLEARWATER AND BLACK & VEATCH RFQ #07-21 WATER RECLAMATION FACILITY MASTER PLAN PROJECT 17 -0007 -UT This AGREEMENT is made and entered into on the air day of Ni,‘nl9-4 2021 by and between the City of Clearwater, Florida (CITY) and Black & Veatch (CONSULTANT). WITNESSETH: WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this Agreement; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this Agreement; and WHEREAS, in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, the CITY selected the CONSULTANT based on Request For Qualifications ("RFQ") #07-21 and responses by the CONSULTANT to RFQ #07-21. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the Parties agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties further agree as follows: 1.0 GENERAL SCOPE OF THIS AGREEMENT The relationship of the CONSULTANT to the CITY will be that of a professional consultant, and the CONSULTANT will provide the professional and technical services required under this Agreement in accordance with acceptable engineering or architectural practices, by exercising the skill, care, and ability ordinarily required of such consultants performing the same or similar services, under the same or similar circumstances, in the State of Florida, and consistent with State of Florida professional ethical standards. 2.0 PROFESSIONAL TECHNICAL SERVICES 2.1 It shall be the responsibility of the CONSULTANT to work with and for the CITY to perform an array of services for the City as set forth in RFQ #07-21, Scope of Services. The CONSULTANT'S services will include administration and engineering services for the Water Reclamation Facility Master Plan Project (17 -0007 -UT). 2.2 The CONSULTANT'S services under this Agreement will be provided under a project specific Work Order(s). Each Work Order will include the services for a single project, phase, task, or assignment, and will contain a mutually agreed-upon detailed scope of services, project goals, fee, and schedule of performance in accordance with applicable fiscal and budgetary constraints. Work Orders will be incorporated by reference and attached hereto this Agreement. 1 Total compensation for all services shall not exceed S2.748.098.00 (Two Million Seven Hundred Forty -Eight Thousand Ninety -Eight Dollars and Zero Cents) unless specifically authorized by the City Council. See Work Order attached hereto as Exhibit A. 2.3 The CONSULTANT shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required engineering and/or consultant services hereunder, and shall diligently execute the work to meet the completion time established in the Work Orders. The CONSULTANT shall notify the CITY by U.S. Mail addressed to the City Engineer of any changes in company contact information, including but not limited to contact phone, address, project manager, email addresses, etc. 2.4 The CITY reserves the right to enter into contracts with other engineering and/or architect firms for similar services. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other engineering and/or architectural firms retained by the CITY. 2.5 The CITY reserves the right to remove any or all projects, phases, tasks, or assignments related to this Agreement. The CITY further reserves the right to enter into contracts with other firms for services related to such projects, phases, tasks, or assignments. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other firms retained by the CITY. 3.0 PERIOD OF SERVICES 3.1 The CONSULTANT shall begin work promptly after receipt of a fully executed Work Order. Receipt of a fully executed Work Order shall constitute written notice to proceed. 3.2 If the CONSULTANT'S services are delayed for reasons beyond the CONSULTANT'S control, the time of performance shall be adjusted as appropriate. 3.3 It is the intent of the parties hereto that this Agreement continue in force for a period not to exceed to two (2) years, subject to the provisions for termination contained herein. Assignments that are in progress at the Termination Date shall be completed by the CONSULTANT unless specifically terminated by the CITY. Should the CONSULTANT be in the progress of completing work under this Agreement at the Termination Date, this Agreement shall continue with all terms, conditions and obligations being in full force and effect until such time as the work is completed. All provisions expressly intended to survive termination shall do so. 4.0 PROFESSIONAL SERVICES/CONSULTANT'S COMPETITIVE NEGOTIATION ACT (CCNA) Professional Services provided under this Agreement are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land surveying and mapping, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. 2 5.0 GENERAL CONSIDERATIONS 5.1 All documents including field books, drawings, specifications, calculations, geotechnical investigation reports, etc., used in the preparation of the work shall be supplied by the CONSULTANT and shall become the property of the CITY. The CITY acknowledges that such documents are not intended or represented to be suitable for use by the CITY or others for purposes other than those for which the documents are prepared. Any reuse of these documents without written verification or adaptation by the CONSULTANT for the specific purpose intended will be at the CITY's sole risk without liability or legal exposure to the CONSULTANT. 5.2 The CONSULTANT shall prepare preliminary construction cost estimates with each design submittal to verify the proposed design is within the City project budgets. The CONSULTANT shall prepare a final estimate of probable construction costs, following CITY approval of the bid documents and other pre-bid activities. The CITY hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed as a promise that designed facilities will not exceed a cost limitation. 5.3 The CONSULTANT will provide expert witnesses, if required, to testify in connection with any suit at law; subject to a supplemental agreement being negotiated between the CITY and the CONSULTANT describing the services desired and providing a basis for compensation to the CONSULTANT. 5.4 Upon the CONSULTANT'S written request, the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary. 5.5 The CITY and the CONSULTANT each bind themselves and their successors, legal representatives and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of each other party, in respect to all covenants of this Agreement; and, neither the CITY nor the CONSULTANT will assign or transfer its interest in this Agreement without written consent of the other. 5.6 To the fullest extent permitted by law, the CONSULTANT agrees to indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of this CONSULTANT under this AGREEMENT. Notwithstanding any provision herein to the contrary, this paragraph shall not be construed as a waiver of any immunity to which CITY is entitled or the extent of any limitation of liability pursuant to § 768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall it be interpreted as limiting or in any way affecting any defense CITY may have under § 768.28, Florida Statutes or as consent to be sued by third parties. The obligations under this paragraph shall expressly survive termination or expiration of this Agreement. PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, THE CONSULTANT'S 3 INDIVIDUAL EMPLOYEES OR AGENTS MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. Neither CITY nor CONSULTANT shall be liable to the other for any special, incidental, indirect, or consequential damages whatsoever arising out of or relating to this Agreement. 5.7 The CONSULTANT agrees not to engage the services of any person or persons in the employ of the CITY to an allied capacity, on either a full or part-time basis, on the date of the signing of this Agreement, or during its term. 5.8 Key personnel assigned to CITY projects by the CONSULTANT shall not be removed from the projects until alternate personnel acceptable to the CITY are approved in writing by the CITY. Key personnel are identified as: Project Manager and technical experts. 5.9 The CONSULTANT shall attach a brief status report on the projects with each request for payment. 5.10 Unless otherwise required by law or judicial order, the CONSULTANT agrees that it shall make no statements, press releases or other public communication concerning this Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data, technical processes, business affairs or other information obtained or furnished in the conduct of work under this Agreement without first notifying the CITY and securing its consent in writing. The CONSULTANT also agrees that it shall not publish copyright or patent any of the site-specific data or reports furnished for or resulting from work under this Agreement. This does not include materials previously or concurrently developed by the CONSULTANT for "In House" use. Only data and reports generated by the CONSULTANT under this Agreement shall be the property of the CITY. 5.11 Public Records. The CONSULTANT will be required to comply with Section 119.0701, Florida Statutes, as may be amended from time to time, specifically to: IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. CONSULTANT ("contractor") shall comply with the following: a) Keep and maintain public records required by the City of Clearwater (hereinafter "public agency") to perform the service being provided by the contractor hereunder. b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. 4 c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency's custodian of public records and to the contractor at the contractor's address listed on its contract with the public agency or to the contractor's registered agent. Such notices must be sent 5 by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. 6.0 COMPENSATION 6.1 The CONSULTANT shall be compensated for services rendered under this Agreement in accordance with the provisions of each Work Order, upon presentation of CONSULTANT'S invoice and as provided for below. An hourly rate schedule is attached hereto as Exhibit B. 6.2 Compensation for services shall be invoiced by the CONSULTANT and paid by the CITY in accordance with the Florida Local Government Prompt Payment Act, § 218.70, Florida Statutes. 6.3 The CONSULTANT agrees to allow full and open inspection of payroll records and expenditures in connection with hourly rate and cost-plus fixed fee work assignments upon request of the CITY. 7.0 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any persons, company, corporation, individual or Firm, other than a bona fide employee working for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 8.0 TERMINATION FOR CAUSE This Agreement may be terminated by either party with seven (7) days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of outstanding Work Orders for all work performed up to the date of termination. 9.0 SUSPENSION, CANCELLATION OR ABANDONMENT If the project described in any Work Order is suspended, canceled, or abandoned by the CITY, without affecting any other Work Order or this Agreement, the CONSULTANT shall be given five (5) days prior written notice of such action and shall be compensated for professional services provided up to the date of suspension, cancellation, or abandonment. 6 10.0 GOVERNING LAW This Agreement shall be administered and interpreted under the laws of the State of Florida. The exclusive venue for any proceeding or suit in law or equity arising from or incident to this Agreement will be in Pinellas County Florida. 11.0 TERMINATION FOR CONVENIENCE Either the CITY or the CONSULTANT may terminate the Agreement at any time by giving written notice to the other of such termination and specifying the effective date of such termination at least thirty (30) days before said termination date. If the Agreement is terminated by the CITY as provided herein, the CONSULTANT will be paid for services rendered through the date of termination. 12.0 PUBLIC ENTITY CRIMES Pursuant to Florida Statute § 287.132-133, the City of Clearwater, as a public entity, may not accept any proposal from, award any contract to, or transact any business in excess of the threshold amount provided in § 287.017, F.S., for Category Two (currently $35,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person of affiliate has been removed from the list pursuant to § 287.133 (3)(f), F.S. By submitting a proposal, CONSULTANT is certifying that Florida Statute 287.132 and 287.133 does not restrict submission. 13.0 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS The CONSULTANT will be required to comply with Section 287.135, Florida Statues, specifically by executing the forms provided (attached). 14.0 RFO #07-21, STANDARD TERMS AND CONDITIONS All terms and conditions as set forth in RFQ #07-21, Standard Terms of Conditions are incorporated by reference and hereto attached as Exhibit C. 15.0 ORDER OF PRECEDENCE Any inconsistency in documents relating to this Agreement shall be resolved by giving precedence in the following order: (i) this Agreement and subsequent Amendments; (ii) RFQ #07-21, Standard Terms and Conditions; and (iii) Work Orders. 16.0 INSURANCE REQUIREMENTS Insurance Requirements are set forth in Exhibit D, which is incorporated by reference and attached hereto. 7 17.0 TERMINATION FOR LACK OF FUNDING The CITY'S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Clearwater City Council. In the event the Clearwater City Council does not appropriate funds for CITY to perform its obligations hereunder, CITY may terminate this Agreement upon thirty (30) days written notice to CONSULTANT. CONSULTANT will be paid for all work performed to the date of termination. 18.0 E -VERIFY CONSULTANT and its Subcontractors shall register with and use the E -Verify system to verify the work authorization status of all newly hired employees. CONSULTANT will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E - Verify system. Subcontractor must provide CONSULTANT with an affidavit stating that Subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CONSULTANT shall maintain a copy of such affidavit. The CITY may terminate this Agreement on the good faith belief that CONSULTANT or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). If this Agreement is terminated pursuant to Florida Statute 448.095(2)(c), CONSULTANT may not be awarded a public contract for at least 1 year after the date of which this Agreement was terminated. CONSULTANT is liable for any additional costs incurred by the CITY as a result of the termination of this Agreement. See Section 448.095, Florida Statutes (2020). [Remainder of Page Intentionally Left Blank] 8 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year first above written. Countersigned: '`• Frank Hibbard Mayor Approved as to form: Owen Kohler Assistant City Attorney BLACK & VEATCH By: Print Name: ' afael E. Frias III, PE Title: Associate Vice President WITNESS: By: int Name: Jaclyn Hines CITY OF CLEARWATER Micah Madam ei Td.4 5-dove/los Waifs City Manager Attest: ziCA,u-vL C RosemarieCall City Clerk 9 Ca SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM PER SECTION III, ITEM 25, IF YOUR BID IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORMAS REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, su. . ary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) ' 1 ar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan Li ii rutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business oper. 4.'. de' • . and Syria. STATE OF I/oe` COUNTY OF /Jrmird Th foregoing ins ment was acknowledged beflre e TN of /ori , , 2021, by notarized) as the ;rim( ; , . tle) of corporation/entity), personally known , or produced identification, and who did/did not take an oath. Authorized Sig Printed Name Rafael E. Frias III, PE Title Associate Vice President Black & Veatch Corporation Name of Entity/Corporation can of, Jphysal presence or ❑ online notarization on, this ( acme of , erso, whose si nature is being 1/Q i CO it_. (name of (type of identification) as My Commission Expires: NOTARY SEAL ABOVE 473 JACLYN HINES ,: Notary Public -State of Florida R- Commission # GG 330150 •,;" A My Commission Expires May 02, 2023 bli Printed Name 10 1 u SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM PER SECTION III, ITEM 25, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORMAS REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. "Boycott Israel" or "boycott of Israel" means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli - controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, : 1. idiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five op endar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel Li in a boycott of Israel. jl►i i Aii%ir� Authorized Si n, STATE OF COUNTY OF gr?,/c0/ Th foregoing ins -n was acknowledged be )ktiay of / fi / , 2021, by notarized) as the iv IN Printed Name Rafael E. Frias III, PE Title Associate Vice President Black & Veatch Corporation Name of Entity/Corporation re y e by mens of lB"physical corporation/entity), personally known , o identification, and who did/did not take an oath. My Commission Expires: Nay 6 �g3 NOTARY SEAL ABOVE J qi Phi JACLYN HINES : Norary Public -State of Florida Commission # GG 330150 ofsc My Commission Expires May 02, 2023 title) of r produced resence or 0 online notarization on, this 5 / (name of persol whose si ature is being l/eafH.& ffWe 7 �`4".(name of (type of identification) as Printed Name 11 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E -VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORMAS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E -Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E -Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith i ief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Cont . cto may not be awarded a public contract for at least 1 year after the date on which this Contract was termi 8. The Contractor is liable for any additional cost incurred by the City e termination of this Contract. AI Authorized Si: STATE OF fiat da COUNTY OF The oregoing inst ^mgn_t was acknowledged b or% me by ay of I ( , 2121, by notarized) as the corporation/entity), personally known , or produced identification, and who did/did not take an oath. I E. Frias III, PE Printed Name Associate Vice President Title Black & Veatch Corporation Name of Entity/Corporation eas of 1 ysical presence or 0 online notarization on, this (name of person whose si ature is being A.- name of (type of identification) as My Commission Expires: "( NOTARY SEAL ABOVE Ar ICI'l,',0,, JACLYN HINES ,Notary Public -State of Florida , - Commission # GG 330150 .;,�`Ao' My Commission Expires ' �� ` May 02, 2023 12 Exhibit A F4/ BLACK &VEATCH Black & Veatch CLEARWATIR BRIGHT AND BF AI "TIT1 il. • RAY TO REACH City of Clearwater CONSULTANT WORK ORDER 17 -0007 -UT Date: 9/10/2021 1. PROJECT INFORMATION: Project Title: Water Reclamation Facility Master Plan City Project Number: 17 -0007 -UT City Plan Set Number: N/A Consultant Project Number: 408831 2. Scope of Services The City of Clearwater (City) owns and operates three Water Reclamation Facilities (WRFs) — the Northeast, Marshall Street, and East WRFs. This WRF Master Plan project entails developing a 30 -year Master Plan (2021-2050) and implementation strategy for the City's WRFs that will be used as an aid in determining current WRF rehabilitation and replacement (R&R) needs as well as a budgeting and planning road map for implementing future facility modifications, upgrades, operational and maintenance improvements, compliance with future regulations, and to provide facilities that are efficient, resilient, sustainable and economical. Work includes conducting a detailed assessment of the WRF locations, assessing current and future regulatory compliance, evaluating individual treatment processes (for capacity, reliability, efficiency, treatment alternatives, operations and maintenance (O&M), etc.) and developing a Capital Improvements Plan (CIP) program and WRF Master Plan that provide a prioritized implementation plan for the recommended improvements over the 30 -year planning horizon. The Scope of Services that Black & Veatch (ENGINEER) will provide to the City includes the following seven primary tasks: Task 1: Level of Service & Goal Setting Task 2: Identify Future WRF Strategies — Defining Planning Scenarios Task 3: Existing System Evaluation Task 4: Evaluation of Future Improvements Task 5: Capital Improvement Planning & Master Plan Development Task 6: Project Management, Administration and Quality Control Consultant Work Order Page 1 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater I. PRE -DESIGN PHASE: Task 1.0 Level of Service & Goal Setting Task 1.1 Kickoff Meeting ENGINEER will conduct a project Kickoff Meeting with the City to set overall objectives for the project and discuss roles, responsibilities, scope, schedule, deliverables, budget, safety, quality plan, assumptions, data request, and communication plan. ENGINEER will lead the "WRF Master Plan" project Kickoff Meeting including development and distribution of agenda and meeting minutes. The Kickoff Meeting will be conducted virtually and attended by up to 7 ENGINEER professionals. Task 1.2 Goal Setting Workshop A Goal Setting Workshop will be held early in the project to discuss assumptions, understand, and document the City's overall strategic short-term and Tong -term goals and establish the level of service (LOS) standards for the WRFs and the City. ENGINEER will facilitate discussions with the City to gather input and an understanding of the City's long-term vision and ideas for the WRFs (beyond general compliance with regulations and capacity needs), as well as specific short- and long-term goals for the WRFs and City staff. The desired LOS discussion topics for each WRF and systemwide may include: Key Performance Indicators (KPIs) Biosolids management WRF consolidation Sustainability / resiliency Energy and chemical optimization Beneficial reuse Potable reuse capacity Automation Data management Staff training Approach to surface water discharge elimination Operations and Maintenance efficiency and effectiveness The purpose of Task 1.2 is to understand those issues that will affect long-term wastewater treatment solutions and identify the high-level criteria that need to be incorporated as part of the solution development approach. The information collected during this critical workshop will be documented in minutes and will be leveraged to assist with the development and prioritization of projects and improvement concepts within the CIP. The minutes prepared for this workshop will be of sufficient detail to capture how and why decisions are made and thoroughly document the decision-making process. A table that summarizes a draft understanding of project drivers and goals and their respective importance/ weighting will be attached to the minutes. ENGINEER will prepare agenda and minutes for Consultant Work Order Page 2 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater this workshop, which will be conducted virtually and attended by up to 9 professionals of the ENGINEER's multi -disciplinary team. Task 1.3 Data Collection and Review Prior to the Kickoff Meeting, ENGINEER will submit a preliminary data request which will be discussed at the Kickoff Meeting. This request will be refined and resubmitted based on discussion at the Kickoff Meeting and as the project progresses. The status of data transmittals will be tracked by ENGINEER throughout the project. The ENGINEER will list the data provided by the City in a project "Data Catalog" spreadsheet which will be submitted with the final deliverables to the City. Data may include, but are not limited to, the following: GIS files Flow and operational data WRF compliance reports Annual budgeting data Hydraulic models Process models (e.g. in BioWin) Descriptions and status of related past, current, and upcoming projects (e.g. master plans, chemical facilities project, WRF-specific projects) Technical memoranda / reports Maintenance records / training manuals Asset management files Current and past master plans (e.g. WWCS Master Plan) As-builts ENGINEER will endeavor to find additional data from other public sources (for example FDEP Oculus) when appropriate. Task 2.0 Identify Future WRF Strategies — Defining Planning Scenarios Task 2.1 Flow Projections ENGINEER will use available information on population projections (total and spatially allocated), per capita flows, inflow and infiltration (I&I) data and diurnal changes in flows to estimate the projected influent flows to each WRF. ENGINEER will build upon the population projection work completed as part of the ongoing Water Master Plan and the collection systems flow as part of the 2020 Draft Wastewater Collection System (WWCS) Master Plan. To ensure the most current data is being used, ENGINEER will compare the various master plan data to data available from the University of Florida's Bureau of Business Research (BEBR), the Pinellas County Traffic Area Zone (TAZ) information, and the Southwest Florida Water Management District (SWFWMD). Consultant Work Order Page 3 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater The projected peak hourly flows (PHF) presented in the in the Draft WWCS Master Plan report represented flows prior to the implementation of improvements that were recommended in the Plan. Therefore, the ENGINEER will use the hydraulic model prepared for the WWCS Master Plan to export the peak hourly flows for each WRF through the 30 -year planning horizon. ENGINEER will provide annual average daily flow (AADF) and PHF projections for the existing system and planning horizons 2030 and 2050. The results of the flow projections analyses will be documented in the Future WRF Strategies Technical Memorandum (Task 2.9). Task 2.2 Load Projections ENGINEER will evaluate the last 3 years of influent flows and loads data to project future influent loads for each WRF for the 2050 planning horizon. Influent annual average day (AAD), average day maximum month (ADMM), and maximum day (MD) loads will be projected. A desktop calculation for biosolids and other residuals (grit, screenings, and scum) generation projections will be performed based on historical information such as sludge hauling tickets and/ or influent loads. Projections will be updated with any current industrial flow/ load commitments or other flows not accounted for in the WWCS Master Plan. Since Safety Harbor's wastewater is treated by the City of Clearwater, those flows and loads will be included in this analysis. The results of the load projections analyses will be documented in the Future WRF Strategies Technical Memorandum (Task 2.9). Task 2.3 Regulatory Review and Emerging Issues ENGINEER will conduct an analysis to evaluate current and potential future regulations that may impact long-term wastewater treatment compliance, including a biosolids regulatory review. The primary considerations will be for those regulations that may affect wastewater treatment, National Pollutant Discharge Elimination System (NPDES), reuse, and biosolids disposal regulations. If applicable, ENGINEER will contact key staff within federal, state, and local regulatory agencies to obtain updates regarding proposed regulations. ENGINEER will review available data and information from the regulatory community including information available from other City projects. A summary of current knowledge and understanding of potential future regulations that would impact the City's WRFs and collection system will be included in the Future WRF Strategies Technical Memorandum developed as part of Task 2.9. Task 2.4 Climate Variability / Coastal Hazards Vulnerability Assessment ENGINEER will assess the three WRFs' vulnerabilities to climate variability and coastal hazards (such as flooding from a severe hurricane, storm surge event, and extreme cold weather) in order to define the threats and associated risks, and develop potential mitigation or adaptation strategies to enhance the WRFs' resilience to climate variability and coastal hazards. The assessment will integrate and refine information from the City's existing and forthcoming vulnerability related documents to support the identification of the appropriate levels of resiliency to climate variability/coastal hazards for each WRF. The following documents (and associated data) may be utilized to support this task: After -Action Reports or other records from previous flood events at the WRFs Pinellas County's Multijurisdictional Local Mitigation Strategy (2020 Update) Consultant Work Order Page 4 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater Clearwater's Greenprint Sustainability Plan (expected 2021) Clearwater's Climate Resilience Assessment (expected to begin late 2021) FEMA Flood Insurance Rate Maps (existing and preliminary studies) Florida Department of Economic Opportunity's Adaptation Planning Pilot Project (2018) When applicable, local studies from Tampa Bay Regional Planning Council [TBRPC] (including work from the Climate Science Advisory Panel [CSAP]), Tampa Bay Estuary Program [TBEP], and Pinellas County When applicable, state and federal studies from NOAA, USACE, EPA, FEMA, FDEM, FDEP, and SWFWMD Task 2.4.1 Climate Variability/ Vulnerability Workshop Information will be curated from the information listed above to identify vulnerable elements relative to the three WRFs. Additionally, some of the planning parameters will be identified during a Climate Variability/ Vulnerability Workshop with the City and other stakeholders that the City staff may invite. Topics to be discussed at this workshop include: Leveraging available geospatial information to support the vulnerability assessments. Utilizing best available vertical elevations of critical system components. Identification of hazard assessment parameters such as: Planning horizons for emergency functions and critical components when comparing with future hazard conditions. Level of mitigation the City would like to achieve, such as resiliency to different magnitude hurricane and storm surge events. Task 2.4.2 Flood (Precipitation and Localized Flooding) Hazard Analysis ENGINEER will identify existing elevations (at least the 100 -year flood event) for known flood hazards using FEMA FIRM Maps (existing and preliminary) as well as local watershed models. ENGINEER will identify future conditions by utilizing the results from the City's forthcoming Climate Resilience Assessment (anticipated 2021) to identify future precipitation impacts. If the study is not available, ENGINEER will utilize estimates from NOAA or TBRPC studies. Task 2.4.3 Sea Level Rise Assessment Sea level rise (SLR) may cause unique considerations and scenarios when planning, particularly once a threshold is reached that causes daily or frequent inundation of system components. ENGINEER will: Utilize the results from Clearwater's forthcoming Climate Resilience Assessment to identify future tidal impacts. If the study is not available, utilize estimates from NOAA or TBRPC studies. Calculate the estimated cost to address SLR at the East WRF and Marshall Street WRF vs. pumping to the Northeast WRF. Assess Inflow and Infiltration (I&I) impacts from SLR. Consultant Work Order Page 5 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater Utilize a methodology similar to the City-wide assessment being conducted (by Atkins) and perform a focused assessment on the WRF-specific resilience to SLR while considering the I&I impact on flows to the plants and assuming that the wastewater collection system is capable of delivering it there. Identify available groundwater monitoring information and catalogue it within the assessment. Task 2.4.4 Storm Surge Assessment While sea level rise and increased precipitation can become constant stressors on WRFs and the collection system, tropical systems have the potential to be infrequent but more damaging in their impacts to the physical components of the facilities. ENGINEER will: Evaluate available storm surge data and models from NOAA, FDEM, and TBRPC to catalog expected storm surge flooding heights at the WRFs. Utilize the results from Clearwater's forthcoming Climate Resilience Assessment to identify future storms as well as future storms -plus -SLR impacts. If the study is not available, utilize estimates from NOAA or TBRPC studies. Perform a high-level evaluation of WRF component vulnerabilities to identify options for permanent vs. temporary storm -protection measures. The climate variability/ coastal hazards vulnerability assessments from Task 2.4 will be documented in the Future WRF Strategies Technical Memorandum developed under Task 2.9. Task 2.4.5 Mitigation and Adaptation Strategies Development ENGINEER will develop potential mitigation or adaptation strategy options for enhancing the WRFs' resilience to climate variability and coastal hazards. This information will be presented to the City to support key planning decisions regarding the economics, risks and other impacts associated with providing different levels of resiliency to climate variability and coastal hazards. For example, these efforts are intended to support the City with making decisions regarding investing in resiliency improvements at an existing WRF vs. relocating or consolidating WRFs. This strategy development exercise will consider: Costs and benefits of each strategy. Timeline of expected threat of flooding and the required upgrades to aging infrastructure components. Conceptual level ranges of costs for constructing and maintaining protective infrastructure. Capital investments needed to maintain the current level of treatment or make necessary improvements to the treatment processes. For relocation options, consideration of the cost of acquiring land, constructing a new plant, and restructuring the sewer network. For consolidation and diversion options, consideration of the costs of expanding the WRF and associated improvements to the collection system. Lessening the response and recovery requirements following a disaster and applying lessons learned for future similar situations. Consultant Work Order Page 6 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater Note: The efforts for Task 2.4 will be closely coordinated with Task 2.6 - WRF Consolidation Evaluation. Task 2.5 Condition Assessment (High -Level) The purpose of this high-level assessment is to identify the critical condition issues with the existing facilities that may impact their ability to provide reliable short-term treatment at their current capacity and to identify immediate rehabilitation and replacement (R&R) needs at each WRF. This high-level assessment will be performed at a level of detail needed to support consideration of alternatives for system -wide future planning scenarios. More detailed condition assessments will be performed in Task 3 to support identification of specific facility improvement needs / recommended improvements. ENGINEER will perform a high-level review of the condition and performance of the facilities' main processes through a review of available records information, O&M Performance Reports (OMPRs), visual observations by ENGINEER during a focused condition review site visit, and interviews with WRF O&M staff. ENGINEER will also review the CIP for planned projects at the WRFs with consideration given to the facilities' ages. Three ENGINEER professionals will participate in the condition review site visit and interviews over 2 full days to cover all three WRFs. ENGINEER will also gather information regarding process operations challenges during the site visit and interviews. ENGINEER will identify short-term (next 5 years) rehabilitation and replacement needs, list the critical components, and identify any critical operational or performance issues. ENGINEER will prepare a project- and task -specific health & safety plan prior to conducting field visits. The information gathered from the high-level condition assessment will be documented in the Future WRF Strategies Technical Memorandum developed as part of Task 2.9. Task 2.6 WRF Consolidation Evaluation The City's current WRFs have a combined treatment capacity that exceeds current and anticipated future flows. The East WRF and, to a lesser degree the Marshall Street WRF, are located in low-lying areas prone to storm surge impacts. This task involves an evaluation to support selection of a long-term future strategy for the number, location, and capacity of WRFs to be maintained and operated within the City's system. This evaluation will consider the following criteria, in addition to any relevant goals established in Task 1: Capital cost and cost avoidance Operation & maintenance costs and cost avoidance Level of risk, reliability, and resilience Impact to staffing requirements Public / stakeholder considerations In consideration of the goals identified in Task 1, ENGINEER will work with the City to develop alternative WRF consolidation scenarios. The WRF Consolidation Evaluation will compare up to 5 potential scenarios, including: Maintain and operate the three current separate WRFs. Consolidate by decommissioning the East WRF and directing flow from the East WRF to one or both of the other two WRFs, with necessary treatment capacity and conveyance improvements. Consultant Work Order Page 7 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater Consolidate by decommissioning the East WRF and Marshall Street WRF and the Northeast WRF, with necessary treatment capacity and conveyance impr Consolidate by decommissioning the East WRF and Marshall Street WRF and new regional WRF to operate along with the Northeast WRF. Others as may be identified. directing flow to ovements. directing flow to a Task 2.6.1 Capacity Assessment In consideration of the flow and load projections, ENGINEER will perform a high-level assessment of the ability of existing WRFs to handle the current and future system treatment needs under consolidation scenarios and define high-level capacity expansion requirements. Task 2.6.2 Collection System Assessment After reviewing the Draft WWCS Master Plan (TetraTech, 2020) and in conjunction with the City, ENGINEER will perform a high-level assessment of the collection system improvements needed to support transfer of flow and/or reconfiguration of the collection basin in support of consolidation configurations. Minor collection system hydraulic analysis may be performed if required. Task 2.6.3 Conceptual Level Cost Analysis ENGINEER will develop a net present value (NPV) cost comparison of the consolidation scenarios considering cost factors below. The NPV analysis will be based on criteria agreed upon with the City for evaluation period, rate of return, and other factors. Conceptual level cost of a new WRF and/or expansion at maintained WRFs necessary to replace lost capacity at facilities considered for decommissioning. Conceptual level cost of conveyance improvements needed to transfer flows from WRFs proposed for decommissioning to future locations. Conceptual level cost of short-term (5 -year) R&R improvements needed at WRFs considered for decommissioning (opportunities for cost -avoidance). High-level assessment of O&M savings at WRFs considered for decommissioning and additional O&M costs at proposed new or expanded facilities, including pumping requirements. Other substantial cost impacts as identified. Task 2.6.4 Comparison of Non -Economic Factors ENGINEER will develop a comparison of potential pros and cons of various scenarios not directly tied to costs, considering: Risk / reliability related to available system capacity and redundancy of facilities. Risk / reliability related to vulnerability to storm surge and other environmental factors. Impacts to staffing requirements and needs at the WRFs. Public / stakeholder considerations. Other factors as may be identified. Consultant Work Order Page 8 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater Conclusions and recommendations resulting from the activities in Task 2.6 (and subtasks) will be presented in the WRF Strategies Technical Memorandum developed as part of Task 2.9. Task 2.7 Effluent Management (Strategy Development) A separate Work Order includes development of a plan to eliminate or reduce the City's surface water discharges in compliance with Senate Bill 64. Because of the short deadline to submit this plan to FDEP, certain data being developed as part of this Master Plan, such as revised flow projections, will not be fully developed and available to include in the FDEP plan. This task updates and refines the information gathered and developed in the separate Work Order. The conceptual alternatives will be refined, and cost estimates updated. This task includes a workshop with the City to review the updated evaluation of alternatives for effluent disposal and reuse. If the recommended alternative is different than the plan that was submitted to FDEP by November 1, 2021, an amended plan will be developed for submittal. Task 2.8 Biosolids Management Strategy Development Biosolids management programs in Florida are facing significant challenges, in part, due to issues related to elevated nutrient levels in Florida waterways. Recent and presumed future changes to Chapter 62- 640 of the Florida Administrative Code, more limitations are being placed on biosolids practices. These changes could include more stringent requirements for biosolids management practices, including more limitations on land application of biosolids and additional monitoring and inspection requirements. The potential future changes in regulations can have far-reaching implications, especially for facilities that currently land apply Class B biosolids. The City's WRF Master Plan will include focused evaluations to develop short- and long-term biosolids management strategies that align with the City's goals and provide a sustainable approach for meeting current and anticipated future regulatory requirements. The approach to developing the short- and Tong -term biosolids management strategy for the City will follow a multi -step process that will allow the City to develop an understanding of the range of biosolids management practices and technologies in use or in development, and the viability of these practices and technologies to the City. This will be followed by efforts to support the City in defining the preferred biosolids management strategy, which will guide the development, evaluation and CIP planning of improvement projects related to biosolids as part of the overall WRF Master Plan. The multi -step process for selecting the City's biosolids management strategy will include: 1. Completing an initial screening of the numerous biosolids management practices and technologies to quickly eliminate un -proven approaches and technologies that are not considered practical, viable, or in alignment with the City's goals. 2. Shortlisting of the potential biosolids management strategies down to 4 primary options for further evaluation and comparison. The shortlisting of biosolids management strategies will consider numerous criteria developed in conjunction with the City, including costs, alignment with overall City goals and other strategies for its WRFs, and other non -economic considerations. 3. Preliminary development of multiple viable concepts and options for the City's biosolids management strategy, which will consider: regulations and emerging issues; level of biosolids Consultant Work Order Page 9 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater treatment (i.e. Class B vs Class AA); outlets for types of biosolids end products produced; and location / consolidation of biosolids treatment facilities. 4. Selection of the overall biosolids management strategy for the City over the planning horizon. (Note: The specific improvements needed to implement the selected biosolids management strategy will be developed and evaluated as part of Task 4.3 of this scope of services.) Additional details regarding the subtasks that will be completed as part of Task 2.8 are provided below: Biosolids Characterization and Operations Review - ENGINEER will document the City's current biosolids management approach and the biosolids processing systems at each of the three WRFs. This evaluation will include characterization of the biosolids and management program at each WRF based on available data and an assessment of the historical operations of the existing biosolids treatment systems. Historical biosolids data will be requested by ENGINEER to support this task. Development of Screening Criteria - ENGINEER will prepare a summary of recommended evaluation criteria and an approach for applying the criteria to be used in the screening of biosolids management practices and in the evaluation of alternatives. Prior to developing the summary, ENGINEER will meet with City staff to obtain input into the criteria that are most important to the City and the approach for applying the criteria. For example, some high-level criteria may be used in the screening of practices and technologies with a larger set of criteria used during alternatives evaluation. The criteria summary will include definitions for each of the proposed criteria and the approach for using them. This summary will be submitted as a memorandum to the City for review prior to the review of biosolids management practices and technologies and subsequent workshop. Review of Biosolids Management Practices and Technologies - ENGINEER will compile information regarding available management practices and technologies that the City may consider as part of its short- or long-term biosolids management strategy. A summary table identifying potentially suitable management practices and technologies will be developed and provided to the City to document the broad range of biosolids management approaches that will be considered. Biosolids "management practices" generally refer to the final disposition of the biosolids whereas "technologies" refer to the major treatment technologies needed to render the biosolids suitable for final use or disposal. While the focus of Task 2.8 is to define the strategy for the biosolids "management practices", this task will also consider available technologies to support the management practice. ENGINEER will provide the City with information regarding available technologies, including the state of the technology with respect to practice and suitability based on capacity, costs, complexity, and other factors. Information will be summarized in a presentation file to provide City staff with an overview of key information to support the subsequent screening process. Biosolids Management Practices and Technologies Screening Workshop — Information developed during the prior task will be presented and discussed with the City in a workshop format. The objective will be to screen the management practices and technologies to eliminate those that are not considered suitable, and to define a shortlist that can be used to develop biosolids management strategy options for further evaluation. ENGINEER will prepare for and participate in a workshop with the City that will include the following topics: Consultant Work Order Page 10 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater Review of existing biosolids systems, characterization of biosolids at each WRF, regulations, and emerging trends. Review of the screening criteria and approach developed to evaluate technologies, management practices, and ultimate overall strategies. Overview of management practices and technologies, including state of the practice, applicable capacity, complexity, flexibility, consistency with the City's goals/vision, and other relevant factors. Facilitation of an initial screening exercise based on the criteria and approach identified in the prior tasks to rule out management strategy and technology options that are not considered viable or do not align with the City's goals or needs. Initial discussion on short-term and long-term biosolids management strategies. Following the biosolids workshop, ENGINEER will submit meeting minutes to the City to document the discussions, decisions and action items discussed during the workshop. The minutes prepared for this workshop will be of sufficient detail to capture how and why decisions are made and thoroughly document the decision-making process. Shortlisting of Biosolids Management Strategy Options — ENGINEER will work with the City to define and confirm a shortlist of biosolids management strategies (up to 4) for further evaluation. A strategy will be defined as the comprehensive management of the solids from stabilization at the plant through final use of the biosolids, for each plant. ENGINEER will submit a draft description consisting of basic process flow diagrams showing the major elements of the proposed shortlisted options for City review, comments and agreement on proceeding with development and evaluations of the proposed shortlisted options. The biosolids management strategies considered may include: • Maintaining current approach (biosolids processing and dewatering at the Northeast WRF and Marshall Street WRF, with contract hauling for land application of Class B biosolids). • Upgrading biosolids treatment processes to achieve a Class AA product. • Consolidation of biosolids processing to a new facility and/or an existing WRF. • Participation in a regional biosolids facility that is owned/operated by another entity. • Other potential biosolids management strategies. Development, Evaluation and Selection of Biosolids Management Strategy— ENGINEER will expand upon the information from the previous subtasks to further develop and evaluate the shortlisted biosolids management strategies (up to 4). The screening criteria that was developed in conjunction with the City's input will be used by the ENGINEER to define draft conclusions and recommendations regarding the proposed biosolids management strategy for the City over the 30 -year planning horizon. Conceptual level capital and O&M cost information associated with the shortlisted biosolids management strategies will be developed. Sensitivity analyses to assess how potential future changes Consultant Work Order Page 11 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater (such as process changes at the City's WRFs, regulatory changes, and cost variability) may impact the selected biosolids management strategy will also be completed. It is intended that the conclusions developed as part of Task 2.8 regarding the overall biosolids management strategy will be used as the basis for the development and evaluation of alternatives for specific biosolids treatment technologies/projects that will be completed as part of Task 4.3 of this scope of services. Documentation of Biosolids Management Strategy Development - The work completed as part of Task 2.8 will be documented in the Future WRF Strategies Technical Memorandum developed under Task 2.9. The writeup will include discussions regarding the following: Background information, goals, and drivers for the City's short- and long-term biosolids management strategy. A summary of regulatory and emerging issues (developed in Task 2.3). Characterization of the City's current biosolids and operations of biosolids-related systems. Summary of the age, condition, and estimated remaining service life of the key solids processing equipment, and conclusions regarding which systems and equipment are anticipated to need improvements in the near or long-term future. This will be based on the high-level condition assessment performed in Task 1. Overview of available biosolids management strategies and technologies. Documentation of the process used to screen, develop, shortlist, and evaluate viable biosolids management strategy options. Summary of the comparison of shortlisted biosolids management strategy options and the conclusions that support the preliminary selection of the recommended biosolids management strategy (which will be further defined as part of Tasks 4 and 5 of this WRF Master Plan). Task 2.9 Future WRF Strategies - Workshop & Technical Memorandum ENGINEER will meet with the City and conduct a workshop to present the conclusions and preliminary recommendations from evaluations in subtasks 2.1 through 2.8. ENGINEER will lead a discussion of the available solutions related to each of the main future scenario topics including: WRF Consolidation Biosolids Effluent Management Climate Variability / Coastal Hazards Vulnerability It is intended that an output of this workshop will be decisions made regarding the selected scenario on each topic, or at a minimum, that each topic is shortlisted down to 2 alternatives. This workshop represents a point at which to screen out non-viable or non -desirable concepts from further development and decide which future strategies will receive further consideration. While the intent is to streamline further master planning efforts on viable options, if the City is unable to make a decision at this workshop and further information or time is required, those decisions can be made during Tasks 3 Consultant Work Order Page 12 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater and 4. The minutes prepared for this workshop will be of sufficient detail to capture how and why decisions are made and thoroughly document the decision-making process. ENGINEER will document the results from Task 2 evaluations and memorialize the decisions made at the workshop in a Technical Memorandum that identifies the future strategies for each WRF and the City's wastewater treatment system as a whole. The contents of this Technical Memorandum will include: Population, flow, and load projections Summary of applicable regulations and potential emerging issues Results of the Climate Variability / Coastal Hazards Vulnerability Assessment Summary of findings from the high-level condition assessment Results of the WRF Consolidation Evaluation Results of the Biosolids Management Strategy Development Summary and description of the process used to select the planning scenario for further evaluation ENGINEER will meet with the City to discuss the draft then produce a final version of the Future WRF Strategies Technical Memorandum. Given that this is a rather Targe/serious policy decision, ENGINEER will prepare a presentation of the draft Strategies Technical Memorandum and co -deliver (if needed) with the City Public Utilities Department to the City Manager, City Council, and possibly to regulators as well. Task 2.10 Public Involvement Support Since the level of needed public involvement and communications support is highly dependent on major decisions made from evaluations to be performed as part of this Master Plan (e.g. WRF Consolidation) and the extent to which the City's Public Communications Department needs support from ENGINEER, it is unknown, at the time of scope development, which public involvement support services may be needed by ENGINEER to best support this project. A $15,000 allowance is included for ENGINEER to provide public involvement support. ENGINEER will provide a scope/fee breakdown for City authorization before proceeding with the work. Types of services that ENGINEER may provide under this task include: Collaboration with the City's Public Communications Department to develop a Community Outreach Plan (COP) that will serve as a communications blueprint for all public outreach and education activities related to the WRF Master Plan project. The COP is a dynamic document and may include items such as: Public Outreach Goals/Objectives Public Outreach and Education Strategies, Activities, and Tools Key Stakeholders Timelines Evaluation and Analysis Consultant Work Order Page 13 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater Development and maintenance of a stakeholder database that includes elected and appointed officials, special interest groups, citizens/residents, members of the business community, and other interested parties. Development of educational materials specific to the project. The materials will include "plain language" so the information is easily understood by the public. Materials that may be developed may include the following: Infographic Flyers Informational Materials / Utility Bill Inserts Fact Sheet Frequently Asked Questions Stakeholder Notifications of Public Meetings Press Releases PowerPoint Presentations Development of materials for public workshops, City Council meetings and attendance/ presentation thereof. Scope Refinement Point After the completion of Task 2, the City and ENGINEER will refine the scope and deliverables for Task 3 and Task 4 based on the future planning scenarios selected at the Future WRF Strategies Workshop. No work will commence on Task 3 and Task 4 until Task 2 is completed and the City and ENGINEER have come to an agreement on the revised scope. For example, if the City elects to consolidate the WRFs, then a detailed condition assessment may only be needed on the WRF(s) that will be remaining. Task 3.0 Existing System Evaluation Under this task, ENGINEER will evaluate and summarize the state of existing facilities and processes to identify issues that need to be addressed over the planning horizon, as well as to identify any limitations affecting each treatment process unit's ability to provide reliable long-term performance. Task 3.1 Condition Assessment (Detailed) Building upon the high-level condition assessment performed during Task 2.5, a detailed asset inventory and condition assessment will be conducted using more in-depth field visits and interviews with WRF O&M staff. The purpose of this is to understand the condition and performance issues with the existing facilities in conjunction with the criticality of equipment for the processes for providing reliable long- term treatment. In addition, the expected useful lives of assets will be developed and compared with the age of equipment and a risk assessment will be performed to determine the medium to long-term asset replacement needs, which will need to be considered in the development of the long-term treatment solution. The following activities will be performed under this task: Consultant Work Order Page 14 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater Task 3.1.1 Data Inventory Collection Plan and Condition Assessment Criteria ENGINEER will review existing asset data and asset hierarchy structure to determine the data and format of the data to be collected as part of the asset inventory survey. ENGINEER will develop a Data Inventory Collection Plan that may include the following: Field procedures describing the approach to data collection, data fields to be collected, and facilities and processes to be assessed. Any field testing to be performed. Quality Control Plan. Safety protocols to be followed on-site. ENGINEER will develop a Condition Assessment Guide that will include scoring criteria and descriptions for the assessment of physical condition and asset performance and reliability. ENGINEER will review the draft Data Inventory Collection Plan and draft Condition Assessment Guide with the City and update to incorporate any comments. Following agreement and finalization of the Data Inventory Collection Plan and Condition Assessment Guide, ENGINEER will develop data inventory collection forms for collecting the required data on mobile devices. ENGINEER will use either Survey123 or a customized database. The forms will incorporate the asset hierarchy, capture asset attribute data, and incorporate condition criteria for scoring asset physical condition and performance. The format of the data collected will allow it to be updated in either the existing or a future Computerized Maintenance Management System (CMMS). Task 3.1.2 Field Visits ENGINEER will conduct detailed field visits to each WRF to review and update the asset inventory data, assess the condition of facilities and equipment, and conduct additional interviews with City staff to assess the performance and reliability of equipment. This assessment will include a physical condition assessment of existing assets at all three WRFs and will build upon the information gathered under the high-level condition assessment performed under Task 2.4. Up to 7 ENGINEER staff, representing civil, structural, mechanical, electrical and I&C, will perform the field visits at the three WRF5 over a period of 5 days. The need for any specific field testing (e.g. automated ultrasonic testing, coating adhesion tests, corrosion tests) would be identified following the high-level condition assessment in Task 2.4. ENGINEER will prepare a project- and task -specific health & safety plan prior to conducting field visits. Task 3.1.3 Asset Data Analysis and Submission ENGINEER will collate and review the asset data collected and will perform final quality control checks on the data. A draft asset data set in MS Excel will be issued to the City for review ahead of the Asset Data Review Meeting. ENGINEER will facilitate a half-day Asset Data Review Meeting with the City to review the results of the inventory survey and condition assessment. The City will provide comments and proposed edits, and the ENGINEER will update and provide a final data set. Consultant Work Order Page 15 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater Task 3.1.4 Asset Risk Assessment and Replacement Forecasting ENGINEER will develop expected useful life for the assets based on typical industry data for City review and will update the expected useful life based on the City's experience and assumptions. Using these expected useful life estimates, the asset ages and conditions, ENGINEER will calculate remaining useful life (RUL) for the assets and the likelihood of failure score for the risk assessment. ENGINEER will utilize a combination of MS Excel spreadsheets and PowerBI tools to conduct this assessment and create the risk model spreadsheet. ENGINEER will develop consequence of failure scoring criteria and provide the draft for City review. ENGINEER will facilitate a 2 -hour workshop to discuss the risk assessment methodology and the consequence of failure criteria. ENGINEER will update the criteria to incorporate comments from the City. ENGINEER will assign a consequence of failure score for each asset and provide the results to the City for review and comment. Following the receipt of comments, ENGINEER will finalize the risk assessment to score asset risk for each asset and submit the risk assessment for City review. ENGINEER will incorporate any final comments on the risk assessment from the City and use the results to adjust the remaining life of the assets. ENGINEER will forecast when assets need to be replaced and provide to City for review. ENGINEER will incorporate any changes in the final risk model spreadsheet and submit to the City. Task 3.1.5 Field Testing An allowance will be held for potential field testing needs identified as a result of the detailed condition assessment. These may include automated ultrasonic testing, coating adhesion tests, or corrosion tests. A $25,000 allowance is included for field testing services. ENGINEER will provide a scope/fee breakdown for City authorization before proceeding with the work. Task 3.2 Update Record Drawings Task 3.2.1 Site Survey ENGINEER will perform a topographic, tree and utility survey of up to 3 WRF sites for the entire parcel of each facility. Survey will include all above -ground improvements, visible utilities, 50' X 50' elevation grid, and changes in grade. The surveys will be the basis for the site plans developed under Task 3.2.3. Task 3.2.2 Subsurface Utility Engineering (SUE) Since it is not feasible to define the scope of SUE services needed until other decisions are made (e.g. WRF consolidation) and information becomes available (e.g. through data request of historical records), ENGINEER will perform SUE services on an allowance basis. SUE information will be used to confirm as - built condition and confirm utilities in areas where there may be unclear or missing as -built data based on ENGINEER review of what is available and input from City staff. The types of services the ENGINEER may provide include: Subsurface utility locations performed using non-destructive methods. Soft digs / potholes at critical locations (e.g. utility congestion, unknowns, explore unclear items of record drawings). Consultant Work Order Page 16 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater A $25,000 allowance is included for SUE services. ENGINEER will provide a scope/fee breakdown for City authorization before proceeding with the work. Task 3.2.3 Updated Record Drawings ENGINEER will organize existing record drawings into a consolidated PDF file for each of the 3 WRFs. Each PDF will include a Table of Contents / Index and will be bookmarked for easy navigation. As a part of each drawing set, ENGINEER will develop a current as -built site plan for each WRF confirmed by surveying and limited SUE investigations performed in previous tasks. The site plans will contain notes that direct users to the best / most recent drawings for information on various facilities and unit processes. As a part of this task, ENGINEER will perform a comparison of the impervious area of each WRF's Environmental Resource Permit to the existing site impervious area and will document the findings. For budgeting purposes, it is assumed that up to two site plan sheets will be developed under this task to illustrate the current site layout condition at each of the 3 WRFs. In addition, the process flow diagrams and hydraulic profiles developed under Task 3.4 will be included in the record drawing sets. Three full-size (24"x36") hard copies of each WRF's new record drawing sets will be produced and submitted. Drawing sets in electronic format will also be submitted so that they can be updated after future projects. The record drawing sets are for reference purposes only and will not be signed and sealed by ENGINEER. Task 3.3 Operations & Maintenance Manuals / Operating Protocols ENGINEER will review existing O&M manuals and operating protocols and conduct interviews with City staff to better understand the existing O&M procedures, ease of use, and challenges. ENGINEER will prepare an inventory list of all available O&M manuals and operating protocols, then perform an assessment with the goal of identifying what is outdated in each manual/ procedure. This list will be submitted to the City, then discussed at one of the regularly occurring progress meetings to select the items to be updated. For the selected O&M manuals and operating protocols to be updated, ENGINEER will develop updates and incorporate details into the existing O&M manuals and operating protocols to reflect upgrades made since the manuals were originally written. Updated O&M manuals will be "operator -centric" with a focus on day-to-day operation. Process chapters may include Process Overview, Operational Procedures, Key Performance Indicators (KPIs), and Process Troubleshooting. Updated O&M manuals will be delivered in PDF format with bookmarks for easy navigation, with select custom -developed content also provided in Word format so they can be modified as needed by the City in the future. As an O&M manual update is completed, ENGINEER will meet with the Chief Operator of the plant to explain the O&M manual content and navigation of the manual. ENGINEER will create a roadmap for integration of key O&M guides with the future CMMS to drive consistency and recordability of O&M, but the O&M manuals will not be connected to the CMMS at this point. The extent of the ENGINEER's effort to update O&M manuals will be driven by decisions made in other tasks (e.g. WRF consolidation), determining the necessity and City preference of updating an O&M Consultant Work Order Page 17 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater manual of a WRF asset that may be taken offline, and the variability in the volume and file quality of O&M manuals and operating procedures to be updated. If during execution it is found that additional resources are necessary, that will be included in BV's recommendations. In some cases, a complete re- do of an item may be required due to quality of original manual, outdated information, or to support a future condition. Therefore, due to the undefined nature of this work, ENGINEER proposes to perform this task on an allowance basis so that the budget can be utilized on work that will provide the best value and most reasonable focus in the context of other decisions. An allowance of $40,000 is included for this task. ENGINEER will provide a scope/fee breakdown for City authorization before proceeding with the work. Task 3.4 Hydraulic Profile Model Development and Evaluation ENGINEER will complete a hydraulic assessment of each WRF with the goal of identifying current and future hydraulic constraints. Task 3.4.1 Hydraulic Profile Tool Development ENGINEER will develop a hydraulic profile spreadsheet calculation tool for each WRF, using ENGINEER's proprietary Excel -based model. The hydraulic profile will consist of all major liquid treatment process components including the headworks, primary treatment (Marshall Street, East and Northeast WRFs), 5 - Stage Bardenpho biological nutrient removal (BNR) process, secondary clarifiers, filters, and chlorine contact chambers. ENGINEER will review record drawings to define the physical attributes of each process unit and connecting conveyances as required to develop the hydraulic model. Record drawings will be referenced for information needed for developing the hydraulic profile (basin sizes, weir elevations, pipe diameters, channel sizes, etc.) but will also be coupled with field data collected in the previous condition assessment and survey tasks. Task 3.4.2 Pumping Station Hydraulic Assessments ENGINEER will perform a hydraulic assessment of the following pumps/pump stations. ENGINEER will develop the system curves and assess the capacity of the pump stations based on the existing pump curves and suction/discharge and evaluate that for the existing conditions and future flows and loads. Findings and conclusions resulting from the hydraulic assessments will be documented in the Existing System Evaluation Technical Memorandum developed under Task 3.13. East WRF Screw lift pumps to convey mixed liquor to the oxidation ditches Filter feed pumps Return Activated Sludge (RAS) and Waste Activated Sludge (WAS) pump station Effluent pump system High service pumps Plant drain pumps Consultant Work Order Page 18 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater Marshall Street WRF Influent pumps Primary sludge pumps Filter feed pumps Reuse transfer pumps Some sludge handling pumps such as sludge feed pumps Centrifuge / belt filter press (BFP) feed pumps RAS/WAS pump station IR pump station Effluent pump system High service pumps Plant drain pumps Northeast WRF* Submersible oxidation ditch feed pumps Screw lift oxidation ditch feed pumps Filter effluent pumps Some sludge handling pumps RAS/WAS pump station Effluent pump system High service pumps Plant drain pumps *The Northeast WRF does not have IR pumps - IR flows by gravity. Task 3.4.3 Hydraulic Analysis of Existing and Projected Future Flow Conditions The hydraulic profile tool will be used to evaluate the existing facility under projected future flow conditions developed under Task 2.1, including minimum, average, maximum month, and peak hour flow conditions. Hydraulic analyses will be performed for up to 4 flow conditions including minimum, average day, and peak hourly flows. Any projected hydraulic issues for the flow conditions modeled will be identified and summarized in the Existing System Evaluation Technical Memorandum developed under Task 3.13. Based on the hydraulic limitations, ENGINEER will identify the hydraulic elements that require improvements necessary to enhance plant hydraulics to handle current and future flow scenarios and minimize potential for overflows within the WRFs under projected flow conditions. A summary of the potential improvement needs identified will be documented in the Existing System Evaluation Technical Memorandum developed in Task 3.13. Areas identified for potential improvement will be discussed with City as part of the associated workshop in Task 3.13. Consultant Work Order Page 19 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater Task 3.4.4 Hydraulic Profile and Process Flow Diagram Drawing Development ENGINEER will develop a hydraulic profile drawing for each of the 3 WRFs in AutoCAD which will illustrate the hydraulic conditions under each of the flow conditions noted above. ENGINEER will prepare a PDF of the model showing all inputs and results and provide to the City. These 3 newly developed drawing sheets will be included as part of the record drawing sets of Task 3.2.3. Task 3.5 Treatment Process Model Update & Evaluation ENGINEER will develop, calibrate, and apply BioWin treatment process models to evaluate treatment processes at the three WRFs, starting with model files previously developed by Jones Edmunds. The aspects to be evaluated include: Treatment capacity Redundancy Class I reliability Ability to meet certain flows (e.g. AADF, ADMM, MD, and PHF) Operability Maintainability The treatment processes to be evaluated include: Headworks (grit characterization study, influent sampling) Equalization BNR Aeration Primary Clarifiers/Filters Secondary Clarifiers Biosolids/ Residuals Management (heating, digesters, dewatering, disposal, thickening, other residuals grit screening and scum) Filters RAS/WAS pump station Disinfection Chemical — e.g. storage for disinfection. Odor Control — at headworks and biosolids handling facilities. Drainage/ Pumping/ Reuse - in -plant reuse, plant drain pump stations, tank drainage. Task 3.5.1 Existing Facility and Operations Data Collection ENGINEER will collect the information necessary to define the physical attributes of each process unit as required to verify / update the process models. This includes the review of documentation (i.e. reports, record drawings) required to identify relevant dimensions of tanks and the number / size / capacity of Consultant Work Order Page 20 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater various treatment process equipment, etc. for the additional information not already gathered during the hydraulic evaluation performed in the previous task. ENGINEER will also collect operational and lab data needed to develop and calibrate the models. Task 3.5.2 Data Analysis from Special Sampling ENGINEER will develop sampling and testing protocols needed to determine influent and effluent fractions. The sampling and testing protocols will be submitted to the City as a deliverable for the City's implementation. An allowance will be held for potential ENGINEER support of sampling and testing needs identified and agreed upon by the City. A $20,000 allowance is included for sampling and testing services, which will be conducted by a certified laboratory who is approved by the City. The resulting data will be reviewed by ENGINEER for use in the process modeling work described in this scope of services. ENGINEER will provide a scope/fee breakdown for City authorization before proceeding with the work. Task 3.5.3 BioWin Model Development, Calibration and Verification ENGINEER will update and validate the existing Northeast WRF and Marshall Street WRF BioWin models (Jones Edmunds, 2011) and the East WRF BioWin model (Jones Edmunds, 2019), which will be used to assess current treatment and future treatment alternatives. ENGINEER will calibrate each of the BioWin models to a level that is appropriate for system -wide planning using data provided by the City. BioWin calibration results will be provided to the City staff for review and approval before using for future planning. ENGINEER will use data from a month of relatively stable influent loading conditions and operations to calibrate the model. Steady-state model calibration will be performed. Following model calibration, ENGINEER will use a different month of data to verify model performance. There are varying levels of steady-state calibration for the activated sludge models which are generalized as follows (WERF, 2003): Level 1— Software default values used for the state variables and kinetic parameters. Level 2 — Historical average data from specific WRF used to adjust state variables for steady- state calibration. Level 3 — Specific fractionation sampling data from specific WRF used to further adjust and confirm state variables. May also involve full -state stress testing. Level 4 — Specific testing for specific WRF to adjust kinetic parameter. Nitrification rate testing is most common. Level 3 BioWin model calibration will be performed for each WRF. Task 3.5.4 Existing Treatment Capacity Evaluation and Process Optimization ENGINEER will evaluate the treatment capacity of the existing WRFs for the projected flows and Toads at 2050 and permitted treatment capacity using the calibrated BioWin models and desktop calculations. A process -by -process treatment capacity evaluation will be performed for the processes listed in Task 3.5 to identify the adequacy of treatment capacity in each unit process for treating future flows and loads, and identification of processes that need expansion or improvement. In addition, ENGINEER will identify process optimization opportunities. A summary of the potential improvement needs identified will be Consultant Work Order Page 21 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater documented in the Existing System Evaluation Technical Memorandum developed in Task 3.13. Areas identified for potential improvement will be discussed with City as part of the associated workshop in Task 3.13. Task 3.5.5 Process Flow Diagram Drawing Development ENGINEER will prepare a process flow diagram sheet for each of the 3 WRFs. These newly developed drawing sheets will be included as part of the record drawing sets of Task 3.2.3. Task 3.6 Instrumentation & Controls Evaluation ENGINEER's Instrumentation & Controls (I&C) engineer will participate in a meeting with City staff (including representatives from City SCADA group) to discuss the current issues and proposed needs relevant to the monitoring and controls systems at the WRFs. ENGINEER will conduct a high-level review of the existing WRFs' monitoring and control systems focusing on the condition, applicability, functionality, and appropriateness of the physical instruments (e.g. flow meters, dissolved oxygen probes, level indicators, etc.) and overall process control methodology. ENGINEER will evaluate the need for improvements or additional online instrumentation for increasing the BNR process efficiency and reliability such as ammonia, nitrate, oxidation-reduction potential (ORP), ortho-P analyzers. In performing this task, ENGINEER will coordinate with the City's ongoing WRF SCADA Master Plan project. Findings and recommendations will be documented in the Existing System Evaluation Technical Memorandum in Task 3.13. Task 3.7 Electrical Evaluation ENGINEER's electrical engineer will conduct an assessment of the overall electrical distribution system at each WRF, focusing on the following aspects: Electrical distribution system and backup power system configuration from the perspective of functionality, reliability, safety, and expandability High-level assessment of the adequacy of the emergency backup power system capacity Together with information gathered in the condition assessments, this review will identify potential optimizations to the facility -wide electrical system configuration and to identify other future electrical projects (e.g. rehab and retrofit) needed to maintain existing equipment / facilities. Findings and recommendations will be documented in the Existing System Evaluation Technical Memorandum in Task 3.13. Task 3.8 Staffing Evaluation ENGINEER will perform an O&M staffing evaluation to determine whether City's WRFs are adequately staffed and assess whether opportunities exist for staffing improvements. ENGINEER will evaluate the information gathered during data collection (job descriptions, organization charts, etc.) and conduct interviews with City staff to compare existing conditions to regulatory requirements (e.g. staffing licensure), industry best practices for quantities of personnel per shift for operations and maintenance Consultant Work Order Page 22 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater tasks, best practices for cross -training of O&M staff among WRFs to provide flexibility and backup. Under this evaluation, a special focus will be given to staff retention, training, instrumentation technicians, outsourcing, and recommending an appropriate balance of automation vs. manual operation and the maintenance thereof. Findings and recommendations will be documented in the Existing System Evaluation Technical Memorandum in Task 3.13. Task 3.9 CMMS Evaluation ENGINEER will review current WRF asset management and data management systems and procedures, and the City's ongoing or proposed future improvements to these systems and procedures. ENGINEER will review the current and planned improvements and identify options to maintain consistency with industry best practices for asset management and data management/use systems, including predictive analytics solutions. ENGINEER will review existing Oracle Works Asset Management (WAM) system to understand existing: Asset hierarchy Work requests, work history Inspection types, categories Quality of data — data completeness ENGINEER will hold two 2 -hour workshops with system administrators and two 2 -hour workshops with end users to better understand system usability, challenges, opportunities for improvements, etc. Workshops may be split across multiple days. ENGINEER will also perform two ride along visual observations of maintenance activities to help understand mobile requirements, materials management, and work management activities in the field. ENGINEER will identify key functional and technical requirements including high-level requirements for desired integrations with third party software such as SCADA, GIS, Finance, Utility Billing, etc. ENGINEER will provide up to three recommended software solutions based on ENGINEER's understanding of City's needs and requirements. ENGINEER will coordinate introductions and demonstrations with recommended software vendor staff to be conducted outside of the WRF Master Plan project. ENGINEER will provide recommendations for system enhancements or system replacements along with recommended improvements to data maintenance, business processes, and operations to integrate recommended improvements into regular maintenance activities. The results of the CMMS evaluation will be included in the Existing System Evaluation Technical Memorandum in Task 3.13. Task 3.10 Building / Facilities Assessment ENGINEER will provide a cursory review of occupiable buildings at the WRFs with respect to structural integrity, weathertightness, suitability for current and planned usage, and compliance with current life safety codes. Hurricane (Category 5) protection plant -wide for operations and shelter for personnel facilities will be considered. Consultant Work Order Page 23 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater While industrial areas are not required to be accessible to persons with disabilities, all areas that should be accessible e.g. office/administration areas, will be assessed for compliance. Special attention will be given to feasibility and space requirements for locker rooms, training/conference rooms, and equipment storage areas. The basis of review will be the current codes including: 2020 Florida Building Code, Building, 7th Edition 2020 Florida Building Code, Existing Building, 7th Edition 2020 Florida Building Code, Energy Conservation, 7th Edition ICC 500-2014 Standard for the Design and Construction of Storm Shelters Various ANSI Standards for tornado, hurricane, and extreme straight-line wind The results of the Building / Facilities Assessment will be documented in the Existing System Evaluation Technical Memorandum in Task 3.13. Task 3.11 Energy and Chemical Use Baselines ENGINEER will define a breakdown of the chemical and energy use at each WRF and a breakdown of the chemical end energy use by unit process, to the extent such information is available. This information will be used to identify potential high -impact areas for reducing chemical and energy consumption throughout the WRF and will also serve as baseline data to determine projected impacts to chemical and energy use associated with the process improvement alternatives that are evaluated. The development of the chemical and energy use baseline data will also support the identification of process areas where chemical and energy use monitoring improvements should be considered. Chemical Use Baseline - ENGINEER will gather and review historical chemical use information for each existing process component throughout the WRF and develop a summary table that documents a breakdown of the chemical consumption by each process component. The draft table that summarizes the breakdown of chemical use by each process component will be provided to the City for review and comment. This effort will build upon other City studies related to chemical storage, quantities, and locations. Consideration will be given to potential future technologies which may or may not require the use of certain chemicals. Energy Use Baseline — ENGINEER will develop an energy use baseline table that documents the estimated breakdown of energy use by each process component. This information will be used to support the WRFs master planning efforts. Task 3.12 Security Evaluations (Physical & Cyber) ENGINEER will review available relevant information from prior WRF security assessments and update and expand upon it, including the identification of gaps in the current facility and practices compared to prior recommendations and the City's goals for security. ENGINEER's physical security specialist will conduct a site visit to each WRF to review current conditions, interview City staff, and evaluate compliance with the City security standards and industry best practices. Consultant Work Order Page 24 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater ENGINEER's physical security specialist will identify the areas of highest vulnerability. Aspects and features that will be considered include fencing, camera coverage, security monitoring, and defense zones (public areas, employee areas and high -security areas). ENGINEER will coordinate with the SCADA Master Plan team to not overlap with work already being performed under the SCADA Master Plan. ENGINEER will perform up to 40 hours of cybersecurity services which may include activities such as review of policies, procedures and implementation of best practices, baselining the SCADA system and change control program, disaster recovery of the SCADA system, and a staff skills assessment. ENGINEER will prepare a project- and task -specific health & safety plan prior to conducting field visits. Findings and recommendations from the security assessments will be compiled into the Existing System Evaluation Technical Memorandum in Task 3.13. Task 3.13 Existing System Evaluation - Technical Memorandum & Review Meeting ENGINEER will develop the Existing System Evaluation Technical Memorandum summarizing the results of the various WRF assessments performed in previous subtasks under Task 3. The objective of the memorandum is to describe the existing facilities and systems, summarize the current state or capability of the existing facilities and systems, and identify any issues or limitations that may affect each facility or system's ability to provide reliable long-term treatment either at the current capacity or an expanded capacity. A review meeting will be held to discuss the draft Existing System Evaluation Technical Memorandum then the final version will be submitted after City comments are addressed. Task 4.0 Evaluation of Future Improvements Under Task 4, the future planning strategies selected in Task 2 will be further evaluated to select the long-term future system -wide configuration and operation strategy around which to base CIP development, followed by evaluations to identify the specific improvement projects to be recommended as part of the CIP. Task 4.1 Sustainability -Related Improvements Task 4.1.1 Sustainability / Resiliency Assessment The results of the efforts performed in previous tasks will be built upon to consider potential options and opportunities to further enhance the sustainability of the City's WRFs for the community. ENGINEER will perform a triple bottom line sustainability assessment (considering social, environmental, and economic factors). This will include consideration of the City's long-term goals and vision for the WRFs, and sustainability assessments for the future alternatives. ENGINEER proposes to leverage the Envision sustainability rating system and criteria as a guide for evaluating and comparing the sustainability aspects of future alternatives. The results of this assessment will be incorporated into the Future Improvements Technical Memorandum in Task 4.6. Consultant Work Order Page 25 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater Task 4.1.2 Coastal Hazards Resiliency Improvements Planning ENGINEER will develop coastal hazards resiliency improvement plans based on strategies for mitigating or adapting to coastal hazards, as defined by the efforts described in Task 2.4. The results of the coastal hazard resiliency improvement planning efforts, including resulting recommended improvements, will be documented in a technical brief, which will be included as an appendix to the Future Improvements Technical Memorandum developed in Task 4.6. The coastal hazards resiliency improvements planning efforts will support the City in selecting specific mitigation or adaptation activities and improvements for each WRF with consideration of maintaining consistency with the overall system -wide goals and strategies. The type of mitigation or adaptation activities and improvements that may be considered include: Emergency response planning Barriers around key assets (flood walls and portable dams — operational / response action items) Elevated electrical equipment Emergency generators / redundant power evaluation Bolted down chemical tanks Redundancy and hardening for the overall wastewater system network Where applicable, the Envision sustainability rating system and criteria will also be used to guide the evaluations and comparison of the sustainability aspects of each option. Task 4.1.3 Alternative Energy Sources Evaluation ENGINEER will assess the feasibility and applicability of alternative energy sources for the WRFs. Viable renewable energy considerations will primarily focus on the following: Solar energy (thermal heating, both active and passive, and photovoltaic [PV]) Rooftop solar panels Candidates for open areas, such as land available at the Northeast WRF Biogas / combined heat and power system ENGINEER will also provide a cursory review of the potential for other renewable energy generation, storage, and management technologies, which may include the following: Water (hydropower or tidal) Wind power Geothermal (electricity generation or heating and cooling) Battery energy storage systems Microgrid energy management application Electrical vehicle charging stations Digester Gas Utilization Consultant Work Order Page 26 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater Possibility of recovering energy from effluent lines such as the one from NEWRF to EWRF. A feasibility assessment will be performed with a focus on solar energy systems at the WRFs. This assessment will consider the goals and criteria provided by the City and include: Utilization of the latest solar PV software package (typically PVsyst) to evaluate the viability of solar at each WRF including the potential for rooftop installations, land-based systems, and floating solar options. Economic analysis of each option including order of magnitude costs. To include CAPEX, OPEX and Return on Investment (ROI, payback) for each option. Net metering considerations. Description of potential facilities, conceptual layout, electrical distribution system modifications required, and permit considerations. An analysis of energy cost savings based on the resulting changes in on-peak/off-peak utility power usage and demand charge impacts. The estimated payback period will be determined for the solar PV concept based on the order of magnitude cost and O&M costs, and estimated energy cost savings. Non-financial impacts will also be documented as part of the feasibility assessment, including criteria such as sustainability goals and related public relations and improved plant reliability. Consultation with the Envision Sustainability Guidance Manual for renewable energy considerations. Recommended improvements resulting from the alternative energy sources evaluation will be presented in the Future Improvements Technical Memorandum developed in Task 4.6. Task 4.2 Energy & Chemical Optimization Improvements Based on the energy and chemical usage baseline data gathered during Task 3.11, this task will identify which areas and processes of the WRFs use the most chemicals and energy, then evaluate those processes to identify opportunities for optimization. Task 4.2.1 Energy Optimization ENGINEER will perform an evaluation of opportunities for energy savings through changes in equipment or operations at the WRFs. This evaluation will focus on the high-energy cost equipment and unit processes and may result in the following types of recommendations: Replacement of existing equipment with more energy-efficient equipment Modifying or replacing existing processes to reduce energy consumption Addition of variable frequency drives and other instrumentation and controls enhancements to improve energy efficiency of equipment and processes Adjustment of operating strategies to improve efficiency Automating the processes, potentially including: Process aeration system based on dissolved oxygen and ammonia -based aeration control (ABAC). Consultant Work Order Page 27 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater Return activated sludge and internal recycle flow. This evaluation will involve the following steps: 1. Screening of Opportunities for Energy Optimization — ENGINEER will perform a high-level assessment of operational / equipment changes with good potential to yield energy -cost savings. ENGINEER will develop and submit a list of the potential opportunities with a conceptual description of the required changes and designation as high / medium / low potential for cost -savings. At one of the regularly occurring progress meetings, ENGINEER will discuss with City staff the list of potential opportunities and select the most attractive opportunities for further analysis. 2. Technical and Cost Savings Analyses - ENGINEER will perform technical and cost analyses of the alternatives selected for further analysis in the prior step. The technical analysis will support the development of conceptual implementation requirements for the alternatives along with the estimated improvements in energy efficiencies. ENGINEER may use BioWin to evaluate alternatives related to the biological processes at each WRF, as applicable. Operating data from the WRFs will be used for this evaluation. The cost analysis will include development of conceptual -level cost opinions (Class 5 per AACE), estimation of operational cost impacts, and calculation of projected energy and related cost savings. An estimated payback period will be determined for each selected alternative. ENGINEER has budgeted for performing a cost analysis on up to 6 selected alternatives. Task 4.2.2 Chemical Optimization ENGINEER will assess opportunities for cost -savings and operational improvements through optimization of chemical use, including: The WRFs use carbon source and metal salt for phosphorus removal. The carbon source is an industrial waste product that is delivered with varying strength. This makes the process controls challenging. ENGINEER will evaluate replacing this carbon source with a glycerin -based carbon source (i.e. Micro C). First, ENGINEER will evaluate the BNR processes at the WRFs to reduce the need for carbon source. An automated carbon source feed approach will be developed to prevent under and overdosing. Alum feed systems will be evaluated for the WRFs that currently use alum. Similar to the carbon source evaluation, the priority will be the process optimization using BioWin to eliminate alum use. If not possible, an automated alum feed control approach will be identified to prevent under and overdosing of alum. Effluent chlorination and dichiorination feed system will be evaluated to optimize the chemical use. Considerations for material delivery optimizations such as buying chemicals in bulk, Targe tanks vs. smaller tanks, and cost impacts. This task will utilize information gained from the City's ongoing project evaluating the storage and handling of chemicals across the various WRF sites. Consultant Work Order Page 28 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater Recommended improvements resulting from the Energy & Chemical Optimization Improvements evaluation will be presented in the Future Improvements Technical Memorandum developed in Task 4.6. Task 4.3 Biosolids System Improvements - Alternative Evaluations Once an agreed path forward has been established, ENGINEER will develop the Biosolids Strategic Plan. The Biosolids Strategic Plan will detail the process used to establish the preferred management practices and will build on the memoranda developed during the project. The Biosolids Strategic Plan will address schedule implications, identify potential regulatory triggers, identify applicable pilot testing or demonstration projects, and address potential project delivery methods. In particular, the Biosolids Strategic Plan will discuss potential impacts of PFAS regulations and potential strategies that could be implemented. A draft Biosolids Strategic Plan will be developed and submitted for review and comment. A Final Biosolids Strategic Plan will be developed based on feedback from the City. The Biosolids Strategic Plan will be discussed during the Future Improvements Workshop in Task 4.6, and will be memorialized (may be an attachment) in the Technical Memorandum that follows. Task 4.4 Future System Configuration Alternatives and Selection Workshop Based on the shortlisted future planning strategies selected in Task 2 and the subsequent improvements evaluations performed in Task 4, ENGINEER will develop a draft matrix of the potential future system- wide configurations. Each potential future system -wide configuration will be made up of a combination of the shortlisted strategies from Task 2 related to WRF consolidation, effluent disposal, biosolids, as well as identified sustainability, and optimization improvements. The draft matrix will be submitted for input from the City along with ENGINEER's recommendation of 3 future system -wide configurations for evaluation. Upon City's concurrence, ENGINEER will perform an evaluation of life cycle cost for the 3 alternatives and comparison of non -economic factors, including sustainability, consistency with City goals, risks, etc. ENGINEER will conduct a workshop with the City for the purpose of selecting the long-term future system -wide configuration around which to base CIP development. During the workshop, ENGINEER will present the conclusions and recommendations regarding the evaluation of alternative long-term future system -wide configurations. ENGINEER will lead a discussion of the alternatives and their overall alignment with the City's vision and priorities. An objective of this workshop is to achieve selection of the future system -wide configuration around which to base the identification of necessary process / facility improvements and the subsequent CIP development. ENGINEER will develop an agenda to support the workshop and document the discussions and decisions of the workshop in meeting minutes. The minutes prepared for this workshop will be of sufficient detail to capture how and why decisions are made and thoroughly document the decision-making process. Task 4.5 WRF Improvements - Alternative Evaluations Based on the selected future system -wide configuration and other improvement needs at the WRFs identified through prior evaluations in Task 3 (such as condition assessment, hydraulic modeling evaluation, process model evaluation), ENGINEER will develop and submit a list of identified needs and review the needs list with City to select the needs that require evaluation of alternatives in order to Consultant Work Order Page 29 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater identify the best approach to addressing the needs. This task includes an allowance of $150,000 for alternative evaluations which is intended to be sufficient to cover up to 10 evaluations of moderate complexity. The scope of alternatives evaluation will be refined based on prior tasks as agreed with the City before ENGINEER proceeds with evaluations. ENGINEER will provide a scope/fee breakdown for City authorization before proceeding with the work. Alternatives evaluations will be performed and may involve selecting between different process approaches to address a need, different equipment technologies, etc. Evaluation criteria will generally include life cycle cost, ease of operation and maintenance, ease of implementation, regulatory considerations, and safety. The evaluations may be related to: Hydraulics Unit -by -unit treatment processes Site safety / security Automation Constructability, sequencing, and maintenance of plant operations (MOPO) Pilot testing for items such as new wastewater processes (e.g. BNR) or carbon source addition (i.e. Micro C) ENGINEER will develop the evaluations (assumed 2 alternatives being compared in each evaluation) and produce a summary comparison table for each evaluation. These evaluations will also include conceptual layout figures, sizing, and process flow diagrams as needed to arrive at a recommended alternative. Note further studies may be recommended which would be identified as projects in the WRF Master Plan (Task 5). The alternatives evaluations performed will be documented in the Future Improvements Technical Memorandum developed under Task 4.6. Task 4.6 Future Improvements — Workshop & Technical Memorandum ENGINEER will conduct a workshop with City staff to discuss the evaluations and preliminary recommendations forthcoming from Task 4 with the goal of gaining the City's concurrence on the improvements to be recommended in the WRF Master Plan. The goal is to develop the facility -wide improvement plan options and determine which option best meets the City's goals and needs for the WRFs. The workshop will include the following: Overview of the 3 facility -wide improvement plan options. Review of capital and O&M costs for each option. Review of social and environmental (sustainability) considerations assessment and the climate variability / coastal hazards assessment. Preliminary implementation planning and schedule for each option. Discussions to define recommended facility -wide improvement plan for each WRF. The process to arrive at these decisions is a hybrid of performing unit process evaluations to support the criteria established during Task 2 and defining improvements projects (without evaluations performed on them during Task 4) to meet those same criteria. Consultant Work Order Page 30 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater ENGINEER will develop a technical memorandum presenting the results of evaluations performed in Task 4. This will also include a summary of all recommended improvements at the WRFs forthcoming from evaluations in Tasks 2, 3, and 4. Some of the recommendations will reflect decisions already made with the City in prior tasks, and some will reflect ENGINEER's preliminary recommendations based on evaluations performed in Task 4. The Future Improvements Technical Memorandum will be submitted in draft for review by and discussion with the City. The draft Future Improvements Technical Memorandum will be updated to address the City's comments and decisions, then the Final Technical Memorandum will be submitted to the City. Task 5.0 Capital Improvement Planning & Master Plan Development ENGINEER will prepare a capital improvement program and master plan report for the WRF planning efforts. The wastewater treatment analyses and planning efforts from previous tasks will be consolidated to provide an overall WRF Master Plan. Task 5.1 Opinions of Probable Project Costs ENGINEER will develop planning level cost opinions (in 2022 dollars) and will identify assumptions for the variety of types of improvements that will be recommended as part of the WRF Master Plan. Costs will include capital construction costs, net present value (NPV), O&M costs and monetized risk costs. The cost information will be added to the CIP (capital improvement program) spreadsheet tool (see Task 5.2) to support the calculation and organization of CIP project costs. Tables will be prepared to summarize cost information for the proposed improvement projects. ENGINEER will review recent bid tabulations for similar improvement projects constructed in the City's system, other local utilities, and the ENGINEER's cost library to develop unit costs for the recommended improvements identified in previous tasks. Encumbrance strategies will be customized to meet the City's needs and standards and broken up between planning / design /construction phases. Additionally, inflation rates will be included to adjust cost estimates for long-term projects. These will be input into the iCIP tool (see Task 5.2) and can be easily updated by the City, even after the WRF Master Plan is completed. Task 5.2 Integrated Capital Improvement Planning (iCIP) The final recommended improvement projects from the WRF Master Plan will be combined with projects from the Wastewater Collection System Master Plan and Water Master Plan to develop a single consolidated utilities CIP. The consolidated CIP will consist of the following: iCIP Spreadsheet — A consolidated CIP spreadsheet listing all projects along with project name, triggers, cost (engineering and construction) and other pertinent information. This spreadsheet will include an encumbrance and cash flow schedule throughout the planning horizon. The spreadsheet will be designed to be adaptable and allow the City to make quick updates to the quantities, costs, and scheduling of the CIP projects. Consultant Work Order Page 31 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater iCIP Dashboard — ENGINEER will connect the iCIP spreadsheet to PowerBI to use as a communication tool for the City's non -project managers. The iCIP dashboard will be included as part of the Utility Management Platform (Task 5.7). Task 5.3 Project Sheets and Business Case Forms ENGINEER will create a summary sheet / business case form for each project recommended as part of the WRF Master Plan that catalogs key information regarding the project concept, scope and description, project trigger, objective and benefit, cost breakdown (NPV, capital costs, O&M cost impacts and monetized risk costs) and other considerations. Maps or figures will also be included for reference purposes. The Project Sheets will be included in an appendix to the Master Plan Report and incorporated as part of the iCIP dashboard. Task 5.4 CIP Project Prioritization and Scheduling ENGINEER will use its Risk Informed Planning Methodology to evaluate the business cases for the different improvement projects recommended as part of the WRF Master Plan. The Risk Informed Planning Methodology consists of the following major steps: 1. Define Levels of Service (from Task 1) and Risks (from Task 2) 2. Business Case Development (Task 5) 3. Alternatives Optimization The iCIP Spreadsheet Tool risk section will include analysis of each project's ability to meet the City's desired levels of service by understanding the risk reduction for each project. The risk reduction will be determined by scoring risks before and after the project is completed. The risk is calculated by taking the likelihood of failure multiplied by the consequence of failure. Once the before and after risks are determined, the iCIP Spreadsheet Tool will schedule projects to maximize the risk reduction per dollar spent while maintaining project timing and budget constraints. ENGINEER will assess the results of the risk analysis to determine the most cost-effective and least -risk scenario. That scenario will determine the project implementation schedule. Task 5.5 CIP Schedule Validation Workshop A workshop will be conducted with the City's staff to review the projects list. The justification for each project will be reviewed and discussed, as well as the priority ranking for each project as compared to previously identified evaluation criteria. Opinions of probable project cost, the proposed implementation schedule and the project triggers will also be reviewed. During the workshop the ENGINEER will also work with the City to balance the cash flow. Task 5.6 Site Utilization Planning Following the CIP Schedule Validation Workshop, City's concurrence on all the future improvements that will be reflected in the WRF Master Plan, and establishment of projected timing, ENGINEER will develop up to 6 conceptual site plans sheets in Bluebeam for each site and each planning year. The intent is to show the future layout of each WRF site once site space becomes utilized (or available) through the implementation of CIP projects (e.g. construction / demolition of structures) so that the City is aware of Consultant Work Order Page 32 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater which areas on the site are reserved for some specific future need. Special attention will be given to optimize space on each site while also planning for future needs (some of which may be far out in the planning horizon). Parking for equipment vendors, employees, and visitors will be included on the site plans as well as maintenance storage facilities. Results of sea level rise studies performed in previous tasks and flooding evaluations will also be considered when developing the site plans. These site layouts will be submitted in electronic format. Task 5.7 Utility Management Platform (Dashboards) ENGINEER will support the City with fast and easy ways to monitor triggers by developing a PowerBl- based Utility Management Platform. This is a compilation of static spreadsheet tools and dashboards created throughout the WRF Master Plan project used for visualization of key performance indicators (KPIs) that monitor system conditions, project triggers and presentation of data in a dynamic and easy to understand manner. ENGINEER will group these dashboards into the Utility Management Platform for easy access and reference. ENGINEER will assist the City with storing the spreadsheets on the City's services and connecting the online dashboards so the data system conditions can be updated easily. The City's portfolio of WRF CIP and R&R projects will be brought together in the Utility Management Platform as a powerful tool to facilitate the decision-making process. Task 5.8 Draft WRF Master Plan Report ENGINEER will document the project in a draft WRF Master Plan report. The report will summarize the final versions of the various technical memoranda prepared and the outcomes of the various workshops during previous phases of work. The report will describe the evaluations performed and the resulting recommendations. The report will provide year by year recommendations for system and facility improvements between 2021 and 2050. System maps and figures to support the recommendations and summarize the proposed improvements will be provided. One electronic copy of the draft WRF Master Plan report will be provided. The updated various models and CIP planning tools will also be provided with the draft report. Task 5.9 Draft Master Plan Workshop A workshop will be held to review the Draft WRF Master Plan report and to discuss City comments, which will be incorporated into the final report. ENGINEER will prepare agenda and minutes. The minutes prepared for this workshop will be of sufficient detail to capture how and why decisions are made and thoroughly document the decision-making process. Additionally, ENGINEER will prepare a presentation of the Draft Master Plan and co -deliver (if needed) with the City Public Utilities Department to City Management. Task 5.10 Final Master Plan Report ENGINEER will incorporate comments from the draft report review workshop and update the WRF Master Plan report to address these comments. Three hard copies and one electronic copy of the final report will be provided to the City. Consultant Work Order Page 33 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater Task 5.11 CIP Prioritization Spreadsheets Training ENGINEER will provide a 3 -hour training on the construction and use of the iCIP Spreadsheet Tool. The time will be focused on custom tutorials created by the ENGINEER for training users from the City on how the tool was created, how to use the spreadsheet, and how to maintain/update the spreadsheet. Task 6.0 Project Management, Administration and Quality Control Task 6.1 Project Management & Administration ENGINEER will perform general administrative duties associated with the project, including project set- up, resource management, progress monitoring, scheduling, general correspondence, office administration, and invoicing. ENGINEER will maintain an accurate project documentation, filing, and project cost accounting system throughout the project. ENGINEER will prepare a progress report to accompany each invoice. Early in the project ENGINEER will create an externally facing SharePoint site for the City and ENGINEER teams to access and share project documents. The Fee for Project Management and Administration services is based on the estimated project duration of 24 months. Task 6.2 Progress Meetings Informal weekly project progress meetings will be conducted with the City PM to discuss general project updates. It is assumed that ENGINEER will have up to 3 attendees at each weekly progress meeting. ENGINEER will prepare an activity log and summary notes of discussion points for the weekly PM meetings. Monthly, 2 -hour progress meetings with a larger group from both City and ENGINEER (up to 6 professionals have been budgeted per meeting) will be conducted to keep the larger team abreast on the project status and discuss progress, information needs, and lookaheads. ENGINEER will prepare agendas and meeting minutes for each monthly progress meeting for distribution to all attendees. The monthly progress meeting minutes will be of sufficient detail so that those unable to attend can read the minutes and know exactly what was discussed, action items, assignments, to-do's, decisions made, decisions to be made, etc. Focused workshops and the project Kickoff Meeting are covered in other tasks. Task 6.3 Quality Assurance / Quality Control ENGINEER will maintain continuous control over the quality of all its work efforts. This will include oversight and review by the lead technical engineer, operations specialist, project manager and other technical staff, the time for which is included in the budget for other tasks. Under this task, ENGINEER will develop the QA/QC Plan with provisions that are ISO 9000 -compliant and will oversee its implementation. Consultant Work Order Page 34 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater Deliverables A comprehensive list of deliverables is included in the following table. Task Task 1: Level of Service & Goal Setting Deliverable 1. Preliminary Data Request 2. Kickoff Meeting Agenda and Minutes 3. Goal Setting Workshop Agenda and Minutes 4. Data Catalog Spreadsheet Task 2: Identify Future WRF Strategies - Defining Planning Scenarios 5. Population, Flow, and Load Projections (Excel format) 6. Climate Variability/ Vulnerability Workshop Agenda and Minutes 7. Draft planning scenarios matrix 8. Public Involvement Materials (as -needed) 9. Project- and task -specific health & safety plan for condition assessment field visits 10. Biosolids Screening Criteria Memorandum 11. Biosolids Management Practices and Technologies, Visioning, and Initial Screening Workshop- Workshop Agenda and Minutes 12. Future WRF Strategies Technical Memorandum 13. Future WRF Strategies - Workshop Agenda and Minutes 14. Future WRF Strategies - PowerPoint Presentation Task 3: Existing System Evaluation 15. Data Inventory Collection Plan (Draft and Final) 16. Condition Assessment Guide (Draft and Final) 17. Project- and task -specific health & safety plan for all Task 3 field visits 18. Asset Data Set (MS Excel, Draft and Final) 19. Consequence of Failure Scoring Criteria (Draft and Final) 20. Final Risk Model Spreadsheet 21. Updated Record Drawings 22. Survey and SUE Data and Files 23. O&M Manuals and Operating Protocols Inventory List 24. Updated O&M Manuals 25. Updated Operating Protocols 26. Hydraulic Profile Model 27. Sampling and Testing Protocols 28. Treatment Process BioWin Model, Calibration Results 29. Chemical Use Baseline Table 30. Energy Use Baseline Table 31. Existing System Evaluation Technical Memorandum (Draft and Final) 32. Existing System Evaluation - Workshop Agenda and Minutes Task 4: Evaluation of Future Improvements 33. List of Opportunities for Energy Optimization 34. Biosolids System Evaluation Framework and Decision Criteria 35. Matrix of Potential Future System -wide Configurations 36. Biosolids Strategic Plan (Draft & Final) 37. Future Improvements Technical Memorandum (Draft and Final) 38. Future System Configuration Alternatives and Selection Workshop - Workshop Agenda and Minutes Consultant Work Order Page 35 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater Meetings & Workshops A comprehensive list of meetings and workshops is included in the following table. Task Task 1: Level of Service & Goal Setting 39. Future Improvements - Workshop Agenda and Minutes Task 5: Capital Improvement Planning & 40. iCIP Spreadsheet Tool Master Plan Development 41. Project Prioritization Risk Model (spreadsheet) Task 4: Evaluation of Future Improvements 42. CIP Schedule Validation Workshop Agenda and Minutes Task 5: Capital Improvement Planning & Master Plan Development 43. Utility Management Platform Task 6: Project Management, Administration and Quality Control 44. WRF Master Plan Report (Draft and Final) 45. Draft Report Workshop Agenda and Minutes 46. Draft Master Plan PowerPoint Presentation 47. iCIP Prioritization Spreadsheet Tool Training Presentation Slides and Tutorials Task 6: Project Management, 48. Weekly Progress Meetings Activity Log and Notes Administration and Quality Control 49. Monthly Progress Meetings Agendas and Minutes 50. Progress Reports to Accompany Each Invoice Meetings & Workshops A comprehensive list of meetings and workshops is included in the following table. Task Task 1: Level of Service & Goal Setting Meeting/ Workshop 1. Kickoff Meeting 2. Goal Setting Workshop Task 2: Identify Future WRF Strategies - Defining Planning Scenarios 3. Climate Variability/ Vulnerability Workshop 4. Effluent Management (Strategy Development) Workshop 5. Biosolids Screening Criteria Meeting 6. Biosolids Management Practices and Technologies, Visioning, and Initial Screening Workshop 7. Future WRF-Strategies Workshop Task 3: Existing System Evaluation 8. Data Inventory Collection and Condition Assessment Guide Meeting 9. Asset Data Review Meeting 10. Consequence of Failure Scoring Criteria Workshop 11. Updated O&M Manual Meeting 12. Instrumentation & Controls (I&C) Meeting with City SCADA staff 13. CMMS Evaluation Workshop #1 14. CMMS Evaluation Workshop #2 15. Existing System Evaluation Review Meeting Task 4: Evaluation of Future Improvements 16. Future System Configuration Alternatives and Selection - Workshop 17. Evaluation of Future Improvements - Workshop Task 5: Capital Improvement Planning & Master Plan Development 18. CIP Schedule Validation Workshop 19. Draft Report Workshop 20. Hydraulic and BioWin Model Training 21. iCIP Prioritization Spreadsheet Tool Training Task 6: Project Management, Administration and Quality Control 22. Weekly PM Meetings 23. Monthly Progress Meetings Consultant Work Order Page 36 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater * ENGINEER's scope of work for security evaluations is intended to support the City in identifying potential areas to improve upon security and maintain consistency with best practices. ENGINEER does not assume responsibility for the health, safety, and security of the WRFs, City staff, or visitors. ENGINEER is not responsible or liable for actions of any third party. By providing this assessment ENGINEER does not represent or warrant that City's physical or cyber security plans are adequate to protect against or prevent all safety, security, or cybersecurity risks, regardless of whether such risks are foreseeable. II. DESIGN PHASE (if applicable): Not applicable. III. FINAL DESIGN PHASE (if applicable): Not applicable. IV. BIDDING PHASE (if applicable): Not applicable. V. CONSTRUCTION PHASE (if applicable): Not applicable. 3. PROJECT GOALS: Develop a Master Plan for the City's three Water Reclamation Facilities. 4. FEES: See Attachment A. This price includes all labor and expenses anticipated to be incurred by Black & Veatch for the completion of these tasks in accordance with Professional Services Method "A" — Hourly Rate, for a fee not to exceed Two Million, Seven Hundred Forty -Eight Thousand, Ninety -Eight Dollars ($2,748,098). No permit application fees are anticipated for this project. 5. SCHEDULE: The project is to be completed in 24 months from issuance of notice -to -proceed (NTP). The complete project schedule is included as Attachment D. 6. STAFF ASSIGNMENT: The City's staff assignments to this project include: Kaylynn Price Jeremy Brown, P.E. Richard Gardner, P.E. Glenn Daniel Project Manager Utilities Engineering Manager Public Utilities Director Public Utilities WWCS, WD, WP Manager Consultant Work Order Page 37 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater Jason Jennings Michael Flanigan Kervin St. Aimie Michael Gilliam Public Utilities WET Manager Public Utilities Assistant Manager Public Utilities Assistant Maintenance Manager Public Utilities Infrastructure Maintenance Manager The ENGINEER's staff assignments to this project include: Rafael E. Frias III, P.E. Andy Westfall, P.E., ENV SP Amanda Schwerman, P.E. Rebecca Oliva, P.E., BCEE, ENV SP, PMP Matt Azarian Jo Ann Jackson, P.E. Timur Deniz, Ph.D., P.E., BCEE Kathryn McGrath Associate Vice President Client Services Director Project Manager Project Administration & Controls Staff Engineer Technical Specialist, One Water Practice Leader Wastewater Process Lead Operations Lead 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant's project correspondence shall be directed to: Amanda Schwerman with copies to Rebecca Oliva. All City project correspondence shall be directed to: Kaylynn Price with copies to Richard Gardner and Jeremy Brown. 8. INVOICING/FUNDING PROCEDURES: City Invoicing Code: _3277327-530100-96664 For work performed, invoices shall be submitted monthly to: Attn: Brooke Freeman, Accountant City of Clearwater, Engineering Department PO Box 4748 Clearwater, Florida 33758-4748. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. 9. INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: 1. Purchase Order, Project and Invoice Numbers and Contract Amount. 2. The time period (begin and end date) covered by the invoice. 3. A short narrative summary of activities completed in the time period. Consultant Work Order Page 38 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater 4. Contract billing method — Lump Sum or Hourly Rate. 5. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). 6. If Hourly Rate, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, the percent completion, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). 7. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. CONSIDERATIONS: Consultant acknowledges the following: 1. The Consultant named above is required to comply with Section 119.0701, Florida Statutes, where applicable. 2. All City directives shall be provided by the City Project Manager. 3. "Alternate equals" shall not be approved until City Project Manager agrees. 4. All submittals must be accompanied by evidence each has been internally checked for QA/QC before providing to City. 5. Consultants/Contractors are not permitted to use City -owned equipment (i.e. sampling equipment, etc.). 6. Documents posted on City website must ADA accessible. 11. ADDITIONAL CONSIDERATIONS: All work orders should include considerations for the following: 1. Sea Level Rise and Flood Resilience, as applicable. 2. Submittal of a Critical Path Method (CPM) Schedule(s). 3. Submittal of a Project Catalog with the following items, as appropriate: a. Data requests, assumptions, critical correspondence, meeting agenda, sign -in sheets, meeting minutes, document comment -response log(s), technical memorandum/reports, addenda, progress reports, regulatory correspondence, and other project -related documents. b. If construction project, also include design plans, conformed plans, change orders, field orders, RFIs, work change directives, addenda, progress reports, shop drawing and progress submittals, as-builts, record drawings, and other project -related documents such as O&M manuals and warranty information. c. At the conclusion of the project, ENGINEER will combine this information into a Project Catalog and submit to the City for review and comment. 4. Arc Flash labeling requirements: a. All electrical designs and construction shall adhere to NFPA 70 E "Standard for Electrical Safety in the Workplace". b. Updated calculations of Fault and Arc Flash, and provisions for new or updated Arc Flash equipment labeling shall be included in the contract documents. Consultant Work Order Page 39 of 44 Revised: 2/8/2021 Black & Veatch CONSULTANT WORK ORDER Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater 12. SPECIAL CONSIDERATIONS: None. 13. SIGNATU' S: PREPARED BY: Rafael E. F Associate Vice esident Black & Veatch Date APPROVED BY: Tara Kivett, P.E. City Engineer City of Clearwater Date Consultant Work Order Page 40 of 44 Revised: 2/8/2021 Black & Veatch ATTACHMENT "A" CONSULTANT WORK ORDER - PROJECT FEES TABLE Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater CONSULTANT WORK ORDER PROJECT FEES TABLE Task Task Subconsultant Services Labor Total 1.0 Level of Service & Goal Setting 1.1 Kickoff Meeting $11,860 $11,860 1.2 Goal Setting Workshop $13,696 $13,696 1.3 Data Collection and Review $16,588 $16,588 Total 1.0 $42,144 2.0 Identify Future WRF Strategies - Defining Planning Scenarios 2.1 Flow Projections $15,538 $15,538 2.2 Load Projections $26,978 $26,978 2.3 Regulatory Review and Emerging Issues $16,848 $16,848 2.4 Climate Variability / Coastal Hazards Vulnerability Assessment $81,530 $14,786 $96,316 2.5 Condition Assessment (High -Level) $14,780 $14,780 2.6 WRF Consolidation Evaluation $102,146 $102,146 2.7 Effluent Management (Strategy Development) $42,940 $42,940 2.8 Biosolids Management Strategy Development $92,788 $92,788 2.9 Future WRF Strategies - Workshop & Technical Memorandum $43,132 $43,132 * 2.10 Public Involvement Support $15,000 $15,000 Total 2.0 $466,466 3.0 Existing System Evaluation 3.1 Condition Assessment (Detailed) $27,706 $145,066 $172,772 3.2 Update Record Drawings $93,176 $28,916 $122,092 * 3.3 Operations & Maintenance Manuals / Operating Protocols $37,468 $37,468 3.4 Hydraulic Profile Model Development and Evaluation $37,730 $89,916 $127,646 3.5 Treatment Process Model Update & Evaluation $174,192 $174,192 3.6 Instrumentation & Controls Evaluation $25,998 $25,998 3.7 Electrical Evaluation $29,402 $29,402 3.8 Staffing Evaluation $20,334 $20,334 Consultant Work Order Page 41 of 44 Revised: 2/8/2021 Black & Veatch ATTACHMENT "A" CONSULTANT WORK ORDER - PROJECT FEES TABLE Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater Task Task Subconsultant Services Labor Total 3.9 CMMS Evaluation $69,148 $69,148 3.10 Building / Facilities Assessment $17,626 $17,626 3.11 Energy and Chemical Use Baselines $27,324 $27,324 3.12 Security Evaluations (Physical & Cyber) $28,198 $28,198 3.13 Existing System Evaluation - Technical Memorandum & Review Meeting $35,850 $35,850 Total 3.0 $888,050 4.0 Evaluation of Future Improvements 4.1 Sustainability -Related Improvements $128,690 $50,620 $179,310 4.2 Energy & Chemical Optimization Improvements $60,948 $60,948 4.3 Biosolids System Improvements - Alternative Evaluations $24,378 $24,378 4.4 Future System Configuration Alternatives and Selection Workshop $7,148 $7,148 * 4.5 WRF Improvements - Alternative Evaluations $149,942 $149,942 4.6 Future Improvements - Workshop & Technical Memorandum $33,932 $33,932 Total 4.0 $455,658 5.0 Capital Improvement Planning & Master Plan Development 5.1 Opinions of Probable Project Costs $34,522 $34,522 5.2 Integrated Capital Improvement Planning (iCIP) $31,506 $31,506 5.3 Project Sheets and Business Case Forms $67,380 $67,380 5.4 CIP Project Prioritization and Scheduling $45,060 $45,060 5.5 CIP Schedule Validation Workshop $16,488 $16,488 5.6 Site Utilization Planning $18,836 $18,836 5.7 Utility Management Platform (Dashboards) $43,522 $43,522 5.8 Draft WRF Master Plan Report $50,572 $50,572 5.9 Draft Master Plan Workshop $16,584 $16,584 5.10 Final Master Plan Report $15,094 $15,094 5.11 CIP Prioritization Spreadsheets Training $14,658 $14,658 Total 5.0 $354,222 Consultant Work Order Page 42 of 44 Revised: 2/8/2021 Black & Veatch ATTACHMENT "A" CONSULTANT WORK ORDER — PROJECT FEES TABLE Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater Task Task Subconsultant Services Labor Total 6.0 Project Management, Administration and Quality Control 6.1 Project Management & Administration $71,674 $71,674 6.2 Progress Meetings $174,179 $174,179 6.3 Quality Assurance / Quality Control $12,740 $12,740 Total 6.0 $258,593 SUBTOTAL, LABOR AND SUB -CONTRACTORS: $383,832 $2,081,301 $2,465,133 7.0 Permit Fees $0 8.0 Other Direct Costs (prints, photocopies, postage, etc.) (Not applicable to lump sum Work Orders) $33,138 9.0 10% Contingency $249,827 GRAND TOTAL: $2,748,098 *Include Allowance -Based Tasks/ SubTasks Consultant Work Order Page 43 of 44 Revised: 2/8/2021 Black & Veatch ATTACHMENT "B" CONSULTANT WORK ORDER — CITY DELIVERABLES Water Reclamation Facility Master Plan 17 -0007 -UT City of Clearwater CONSULTANT WORK ORDER CITY DELIVERABLES 1. FORMAT: The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES: The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address Tom.Mahony@myClearwater.com. All electronic files (including CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Consultant Work Order Page 44 of 44 Revised: 2/8/2021 Exhibit B CITY OF CLEARWATER - WATER RECLAMATION FACILITIES MASTER PLAN City Project No. 17 -0007 -UT; BV Project No. 408831; RFQ #07-21 ENGINEER: Black & Veatch Corporation Job Classification Burdened Hourly Rate CADD Technician / Graphics 1 $100 CADD Technician / Graphics 11 $120 Sr. Technician / Sr. Graphics $138 Sr. Designer $154 Clerical $86 Administrative Assistant $100 Sr. Technical Editor $146 Project Accountant $107 Project Controls / Scheduler $115 Sr. Project Controls / Scheduler $188 Engineer/Scientist Intern $63 Staff Engineer/Scientist I $108 Staff Engineer/Scientist I1 $115 Staff Engineer/Scientist III $128 Project Engineer/Scientist 1 $140 Project Engineer/Scientist II $155 Sr. Engineer/Scientist I $170 Sr. Engineer/Scientist II $195 Sr. Engineer/Scientist III $209 Engineering Manager $207 Sr. Engineering Manager $224 Project Architect I $140 Project Architect II $174 Sr. Architect $207 Cost Estimator $155 Sr. Cost Estimator $190 Operations Specialist $173 Sr. Operations Specialist $224 Resident Inspector 1 $134 Resident Inspector II $155 Sr. Resident Inspector $190 Safety Specialist $220 Construction Manager $224 Sr. Construction Manager $258 Project Manager $224 Sr. Project Manager $242 Project Director $284 Vice President $315 Technical Specialist $207 Sr. Technical Specialist $242 Technical Expert $275 Sr. Technical Expert $295 Billing rates are subject to escalation, as mutually agreed, 1 year after the contract date. Expenses will be compensated separate from billing rates. Black & Veatch 7/1/2021 RFQ #07-21, Exhibit C STANDARD TERMS AND CONDITIONS S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: "vendor, contractor, consultant, supplier, proposer, company, parties, persons", "purchase order, PO, contract, agreement", "city, Clearwater, agency, requestor, parties", "bid, proposal, response, quote". S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor's employees, not City employees. Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers' compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City's written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug -Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will 1 RFQ #07-21, Exhibit C STANDARD TERMS AND CONDITIONS S.11 require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter "Contractor Immigration Warranty"). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor's personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor's services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor's responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. 2 RFQ #07-21, Exhibit C STANDARD TERMS AND CONDITIONS S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call(c�mvclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor's agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter "public agency") to perform the service being provided by the contractor hereunder. b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 3 RFQ #07-21, Exhibit C STANDARD TERMS AND CONDITIONS d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency's custodian of public records and to the contractor at the contractor's address listed on its contract with the public agency or to the contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor's place of business or at City offices, as determined by the City. 4 RFQ #07-21, Exhibit C STANDARD TERMS AND CONDITIONS S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City's information, data, or facilities in accordance with the City's current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor's capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City's Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non - defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor's intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non -defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys' fees, and costs. 5 RFQ #07-21, Exhibit C STANDARD TERMS AND CONDITIONS c. The non -defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days' written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON -APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor's properly prepared final invoice. S.24 NON -WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel's failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor -provided supplies or services. 6 RFQ #07-21, Exhibit C STANDARD TERMS AND CONDITIONS S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman -like and professional manner. The City's acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City's reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City's right to recover against third parties for any loss, destruction, or damage to City property, and will at the City's request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will 7 RFQ #07-21, Exhibit C STANDARD TERMS AND CONDITIONS without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City's use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non -infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The agreement will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the agreement will be referred to the administrator for resolution. Supplements may be written to the agreement for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred -twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City's Purchasing Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. 8 RFQ #07-21, Exhibit C STANDARD TERMS AND CONDITIONS S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. 9 MASTER AGREEMENT BETWEEN CITY OF CLEARWATER AND BLACK & VEATCH RFQ #07-21 WATER RECLAMATION FACILITY MASTER PLAN PROJECT 17 -0007 -UT EXHIBIT D INSURANCE REQUIREMENTS. The CONSULTANT shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A -VII or better. In addition, the City has the right to review the CONSULTANT'S deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the CONSULTANT must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims -made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non -owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers' Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer's Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen's and Harbor Worker's Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the CONSULTANT is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then CONSULTANT'S Equipment Insurance or Property Insurance on an "All Risks" basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the CONSULTANT with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy's renewal date(s) for as long as this Agreement remains in effect, the CONSULTANT will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an "Additional Insured." In addition, when requested in writing from the City, CONSULTANT will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Purchasing, RFQ #07-21 P.O. Box 4748 Clearwater, FL 33758-4748 b. CONSULTANT shall provide thirty (30) days written notice of any cancellation, non -renewal, termination, material change or reduction in coverage. c. CONSULTANT'S insurance as outlined above shall be primary and non-contributory coverage for CONSULTANT'S negligence. d. CONSULTANT reserves the right to appoint legal counsel to provide for the CONSULTANT'S defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to CONSULTANT'S design, equipment, or service. CONSULTANT agrees that the City shall not be liable to reimburse CONSULTANT for any legal fees or costs as a result of CONSULTANT providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of CONSULTANT'S obligation to provide the insurance coverage specified.