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CITY OF VISALIA WATER CONSERVATION PLANT UPGRADES

REQUEST FOR PROPOSAL RFP NO. 09-10-54


AERATION BASINS AIR DIFFUSER SYSTEM SUPPLIER PRE-SELECTION DOCUMENT FOR FURNISHING FINE BUBBLE AERATION DIFFUSER SYSTEM FOR WATER CONSERVATION PLANT IN VISALIA, CALIFORNIA

PARSONS
May 2010

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CITY OF VISALIA REQUEST FOR PROPOSAL RFP NO. 09-10-54


Request for Proposal (RFP) for Furnishing FINE BUBBLE AERATION DIFFUSER SYSTEM for the City of Visalia Water Conservation Plant Upgrade

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TABLE OF CONTENTS
This proposal package includes the sections and subsections listed below. If any of these items are missing from your proposal package, please contact the person identified in Section 1.3.
INVITATION FOR PROPOSALS.vii

SECTION 1 -SUBMISSION INFORMATION 1.1 1.2 1.3 1.4 1.5 1.6 INTRODUCTION PROPOSAL DEADLINE INQUIRIES PROPOSAL LABELING PROPOSAL SUBMITTAL BID BOND 1-1 1-1 1-1 1-1 1-1 1-2

SECTION 2 -GENERAL INFORMATION 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 WAITING PERIOD 2-1 PROPOSAL PREPARATION COSTS 2-1 PROPOSAL INCLUSIONS 2-1 WITHDRAWAL OF PROPOSAL BEFORE CLOSING 2-1 MISTAKE IN PROPOSAL 2-2 PROPOSAL ACCEPTANCE 2-2 INTERPRETATION OF DOCUMENTS 2-2 PROPOSAL PRICE 2-2 REFERENCES 2-2 AWARD/SELECTION CRITERIA 2-2 COORDINATION WITH GENERAL CONTRACTOR 2-3 LIENS AND STOP PAYMENT NOTICES 2-4 SHOP DRAWINGS SUBMITTAL AND DELIVERY DEADLINE 2-4 GENERAL CONDITIONS

SECTION 3 -PROJECT DESCRIPTION 3.1 3.2 GENERAL PROJECT INFORMATION PRE-AERATION BASINS 3-1 3-3

SECTION 4 -FORMS BIDDING SCHEDULE EQUIPMENT SUPPLIER IDENTIFICATION REFERENCES WORKERS' COMPENSATION CERTIFICATE NON-COLLUSION AFFIDAVIT SURETY BID BOND 4-1 4-2 4-3 4-4 4-5 4-6

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EXCEPTION FORM SECTION 5 -TECHNICAL SPECIFICATIONS 5.1 GENERAL 5.1.1 WORK OF THIS SECTION 5.1.2 SPECIFICATIONS AND STANDARDS 5.1.3 SHOP DRAWING AND SAMPLES 5.1.4 FACTORY TESTING PRODUCTS 5.2.1 ISOLATION BUTTERFLY VALVES 5.2.2 DESIGN CRITERIA 5.2.3 DROP PIPE AND MANIFOLD 5.2.4 DISTRIBUTION PIPE (HEADERS) AND FITTINGS 5.2.5 DIFFUSER ASSEMBLIES 5.2.5.1 GENERAL DIFFUSER ASSEMBLY REQUIREMENTS 5.2.5.2 EPDM & SILICONE MEMBRANE DIFFUSERS 5.2.5.3 AEROSTRIP DIFFUSERS 5.2.6 ELASTOMERIC GASKETS 5.2.7 STANDARD WARRANTY 5.2.8 PERFORMANCE GUARANTEE 5.2.9 TOOLS 5.2.10 SPARE PARTS 5.2.11 MANUFACTURERS EXECUTION 5.3.1 PACKING AND SHIPPING 5.3.2 INSTALLATION 5.3.3 FIELD INSTALLATION TESTING 5.3.4 OPERATIONS TRAINING 5.3.5 PAYMENT AND RETAINAGES ADDITIONAL ATTACHMENT SAMPLE AGREEMENT

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5-1 5-1 5-2 5-2 5-3 5-4 5-4 5-5 5-7 5-8 5-9 5-9 5-9 5-10 5-11 5-11 5-12 5-12 5-12 5-13 5-12 5-12 5-13 5-14 5-14 5-14

5.2

5.3

5-15

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INVITATION FOR PROPOSALS


Sealed Proposals for the City of Visalia Fine Bubble Aeration Diffuser System for the Water Conservation Plant Upgrade will be received by the CITY OF VISALIA (CITY) until 2:00 p.m. Pacific Standard Time on Friday, July 2, 2010 at the location listed below: CITY OF VISALIA PURCHASING DIVISION 707 WEST ACEQUIA AVENUE, VISALIA, CA 93291 The proposal is to pre- select an EQUIPMENT SUPPLIER for a fine bubble aeration diffuser system for the Visalia Water Conservation Plant located at 7579 Ave 288 in Visalia, CA. The aeration diffuser equipment will be purchased by the GENERAL CONTRACTOR, to be selected under a separate contract, at the proposed/prenegotiated price from the selected EQUIPMENT SUPPLIER. The proposed/prenegotiated price shall be effective up to August 31, 2011. The EQUIPMENT SUPPLIER shall provide a monthly cost escalation price in the event the aeration diffuser equipment is not ordered by the GENERAL CONTRACTOR by August 31, 2011. Copies of this RFP may be inspected and obtained in the office of the Purchasing Division, 707 W. Acequia Avenue, Visalia, CA 93291 or be calling (559) 713-4334, or by FAX (559) 713-4802 or downloaded from Bid Net. To register with Bid Net, please see the Citys website http://www.visaliapurchasing.org. Questions regarding this RFP should be directed in writing to Purchasing Department, City of Visalia, 707 W. Acequia Avenue, Visalia, CA 93291, fax 559-713-4802 or via email to purchasing@ci.visalia.ca.us. All questions must be received on or before Thursday, June 17, 2010. Each proposal must be submitted on the prescribed forms and accompanied by a certified cashier's check or a Surety Bid Bond executed on the prescribed form, payable to the CITY OF VISALIA in the amount not less than TEN PERCENT (10%) of EQUIPMENT SUPPLIERS Proposal Price (Section 4, Bidding Schedule, Item A). The CITY is not, nor shall be deemed liable for any cost incurred by the EQUIPMENT SUPPLIERS in the preparation or submission of their proposals, or any commitment to or direct costs associated with the design, fabrication, delivery, installation or startup of the Aeration Diffuser System, which will be the responsibility of a separately procured GENERAL CONTRACTOR. The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantageed Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, handicap, gender, or religion in any consideration leading to the award of contract.

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No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of a contract. The CITY reserves the right to accept or reject any or all proposals, or waive any informality in any proposal in the best interest of the CITY.
Publication Dates: May 25, 2010 and June 1, 2010

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SECTION 1 - SUBMISSION INFORMATION


1.1 INTRODUCTION: The City of Visalia, hereafter referred to as the CITY, is accepting sealed proposals at 707 WEST ACEQUIA AVENUE, VISALIA, CA 93291, for furnishing of the aeration air diffuser system at its Water Conservation Plant. 1.2 PROPOSAL DEADLINE: Proposals shall be received in the office of the CITY no later than the date and time indicated below. Proposals submitted via fax are not acceptable.

Proposal Deadline: 2:00 p.m on Friday, July 2, 2010

1.3 INQUIRIES: Questions regarding this RFP should be directed in writing to Purchasing Department, City of Visalia, 707 W. Acequia Avenue, Visalia, CA 93291, fax 559-713-4802 or via email to purchasing@ci.visalia.ca.us. All questions must be received on or before Thursday, June 17, 2010. 1.4 PROPOSAL LABELING: The proposal shall be submitted in a sealed envelope with original pages intact. Proposal envelopes must be plainly marked and submitted as follows: City of Visalia Attn : Purchasing Division 707 W Acequia Avenue VISALIA, CA 93291 RE: RFP NO. 09-10-54 - AERATION DIFFUSER SYSTEM PRE-SELECTION

PROPOSAL SUBMITTAL: All EQUIPMENT SUPPLIERS shall complete and 1.5 return one (1) original and six (6) copies and one electronic copy (PDF format) of their proposal to the address specified under section 1.4. All proposals delivered in an express courier package shall be sealed in a separate envelope within the courier package. Any proposal found to be illegible or incomplete may be rejected. Whether sent by courier, mail, or by means of personal delivery, EQUIPMENT SUPPLIERS shall assume full responsibility for having their proposal deposited at the proper address and not later than the scheduled closing time. Oral, electronic, or telephonic proposals or modifications will not be considered. More than one (1) proposal from an individual, firm, partnership, or corporation under the same or different names, will not be considered.

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1.6

BID BOND

Each proposal must be accompanied by Bid Bond made payable to CITY OF VISALIA in amount of TEN PERCENT (10%) of the EQUIPMENT SUPPLIERS proposed price (Section 4, Bidding Schedule, Item A) and in the form of a certified cashiers check or a Surety Bid Bond (on form attached, see Section 4.6). The Bid Bond of the EQUIPMENT SUPPLIER for the aeration diffuser system shall be retained by the CITY OF VISALIA until such time that the EQUIPMENT SUPPLIER enters into a purchase agreement for the diffuser system with GENERAL CONTRACTOR selected under separate procurement.

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SECTION 2 - GENERAL INFORMATION


NOTE: IT IS THE EQUIPMENT SUPPLIER'S RESPONSIBILITY TO EXAMINE THE REQUEST FOR PROPOSAL IN ITS ENTIRETY PRIOR TO SUBMITTING A PROPOSAL. 2.1 WAITING PERIOD: It is the CITYs intent to pre-select a fine bubble aeration diffuser system for its Water Conservation Plant upgrade for developing the final design of Membrane Biological Reactor (MBR) system. The aeration diffuser system shall be purchased by the GENERAL CONTRACTOR, not the CITY, at the bid/pre-negotiated price from the EQUIPMENT SUPPLIER. The bid/pre-negotiated price shall be effective until 8/31/2011. The EQUIPMENT SUPPLIER shall provide a cost escalation price in the event the equipment is not ordered by the GENERAL CONTRACTOR by 8/31/2011. The GENERAL CONTRACTOR is expected to be on-board around June, 2011. 2.2 PROPOSAL PREPARATION COSTS: The CITY is not, nor shall be deemed liable for any costs incurred by EQUIPMENT SUPPLIERS in the preparation, submission, or presentation of their proposals. 2.3 PROPOSAL INCLUSIONS: The Request for Proposal documents along with any addenda shall be returned in their entirety, with all applicable portions fully completed by the EQUIPMENT SUPPLIER. Supplementary sheets can be attached if necessary. All EQUIPMENT SUPPLIERS are required to review and confirm that their proposal specifically addresses each of the following proposal requirements prior to submitting: Bid Bond Bidding Schedule EQUIPMENT SUPPLIER Identification Form References Form Workers' Compensation Certificate Non-Collusion Affidavit Exception Form Technical Portion of Proposal Duly signed copies of all addenda received

In the technical portion of the proposal, the EQUIPMENT SUPPLIER shall provide drawings showing the aeration system layout, the number of diffuser assemblies, and the arrangement of the diffusers. Material descriptions, including references to appropriate ASTM or other nationally recognized standards, for all major components of the proposed system shall also be provided with the bid. The entire Request for Proposal document shall be included with each submitted copy of the proposal as well as with the original proposal. 2.4 WITHDRAWAL OF PROPOSAL BEFORE CLOSING: Any EQUIPMENT SUPPLIER may request the withdrawal of their submitted proposal, either in person, by telephone, or written request, at any time prior to the scheduled closing date and time. Upon receiving the written request to withdraw any proposal, the CITY will consider the
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EQUIPMENT SUPPLIER's proposal null and void, and return the proposal to the EQUIPMENT SUPPLIER unopened. MISTAKE IN PROPOSAL: Any EQUIPMENT SUPPLIER may withdraw their 2.5 proposal after the proposal opening only if the EQUIPMENT SUPPLIER can establish to the CITY's satisfaction, that a mistake was made in preparing the proposal. An EQUIPMENT SUPPLIER declaring a mistake must give a written notice to the CITY within five (5) calendar days following the scheduled closing date, specifying in detail, how the mistake occurred, and how the mistake made the proposal materially different than it was intended. Withdrawal of the proposal shall only be permitted if mistakes were made in the completion of the proposal. An EQUIPMENT SUPPLIER who claims a mistake shall be PROHIBITED from participating in further bidding on the project in which the mistake in proposal was claimed. (Public Contract Code 5105). 2.6 PROPOSAL ACCEPTANCE: The CITY reserves the right to accept or reject any or all proposals, or waive any informalities in any proposal in the best interest of the CITY. 2.7 INTERPRETATION OF DOCUMENTS: Should an EQUIPMENT SUPPLIER find discrepancies or omissions in the specifications or Request for Proposal, or should the EQUIPMENT SUPPLIER be in doubt as to their interpretation, the EQUIPMENT SUPPLIER shall contact the person indicated in Section 1.3, above. Should it be found necessary, a written addenda shall be issued. Any addenda issued prior to the scheduled proposal closing date and time, shall form a part of this solicitation and shall become a part of the submitted proposal. It is the responsibility of the Proposer to ensure receipt of all addenda. 2.8 PROPOSAL PRICE: The proposal prices shall be indicated on the Bidding Schedule provided in this Request for Proposal, for providing all equipment and services as required in Section 5. In case of any inconsistencies in the Bid Prices between words and figures, the Bid Price(s) in words shall prevail. REFERENCES: The EQUIPMENT SUPPLIER shall provide a list of at least five 2.9 (5) references (form provided) for whom they have provided equipment and services that are similar in size and application to the work of this proposal, within the last five (5) years. Include the reference name, contact person(s), facility size, year installed, project address, and telephone number(s). 2.10 AWARD/SELECTION CRITERIA: The CITY intends to make an award to one (1) EQUIPMENT SUPPLIER, based on the EQUIPMENT SUPPLIERs proposal that best serves the interest of the CITY. The following criteria shall be used in the rating process for the selection of one (1) EQUIPMENT SUPPLIER to provide all required equipment and services.

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Proposed price to provide the required equipment and services to the CITY via the GENERAL CONTRACTOR. Proposed price to replace the diffuser membranes at the end of their useful life (assumed to be 2022, 10 years after installation). Present worth of power cost for air blowers calculated at the rate of 20 scfm per horsepower. Life cycle cost analysis based on 20 years, interest rate of 5%, and unit power cost of $0.13/kWh with a power escalation rate of 4%. The corresponding present worth factor is 18.12. Annual maintenance cost will be assumed to be the same for all systems. Completeness of proposal, specifically addressing each item as noted in this Request For Proposal. EQUIPMENT SUPPLIERS resources and ability to deliver all equipment to the GENERAL CONTRACTOR according to the GENERAL CONTRACTORs schedule. Past record of performance in supplying similar equipment and services, including cooperation and level of customer satisfaction.

All of the above factors will be considered as determined to be appropriate by the CITY / ENGINEER (not necessarily equal weight). 2.11 COORDINATION WITH GENERAL CONTRACTOR: The CITY will be contracting with the GENERAL CONTRACTOR for the purchase, at the bid/pre-negotiated price, and installation of the aeration diffuser system. Coordination with the GENERAL CONTRACTOR shall be required. 1. GENERAL CONTRACTOR Responsibility. The GENERAL CONTRACTOR shall be responsible for purchasing, arranging delivery of, unloading, storing, and protecting the aeration diffuser equipment; installation and overall testing. 2. EQUIPMENT SUPPLIER Responsibility. The EQUIPMENT SUPPLIER shall provide all shop drawings, including revisions thereto and deliver, freight and taxes paid, all approved equipment to the GENERAL CONTRACTOR in Visalia, instruct the GENERAL CONTRACTOR for the initial unloading and protection of the equipment, certify the installation for initial start-ups, assist in the field testing of the equipment, and provide training of the CITYs personnel. The EQUIPMENT SUPPLIER shall provide the GENERAL CONTRACTOR with all instructions required for proper installation, testing and start-up etc. 3. The EQUIPMENT SUPPLIER shall be paid by the GENERAL CONTRACTOR at the bid/pre-negotiated price and payment terms.

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2.12 LIENS AND STOP PAYMENT NOTICES: The EQUIPMENT SUPPLIER shall pay all sums of money that become due from any labor, services, materials or equipment furnished to EQUIPMENT SUPPLIER on account of said equipment or services to be furnished as a result of this Request for Proposal, and that may be secured by any lien or stop payment notice against the CITY. The EQUIPMENT SUPPLIER shall fully discharge each such lien or stop payment notice at the time performance of the obligation secured matures and becomes due. 2.13 SHOP DRAWING SUBMITTAL AND DELIVERY DEADLINE: Prior to the start of equipment fabrication, the EQUIPMENT SUPPLIER shall submit satisfactory shop drawings to the CITY, through the GENERAL CONTRACTOR, for review and approval. A minimum of 8 copies of the shop drawings shall be submitted. The CITY/ENGINEER reserves the right to review each shop drawing submittal, for up to thirty (30) calendar days, after the receipt date. Shop drawing review time shall only include time expired while shop drawings are in CITYs possession. Shop drawings shall be revised and resubmitted if directed by the CITY and/or the ENGINEER. The quality and completeness of the shop drawings shall be such that no more than two submittals (initial submittal plus one re-submittal) are required. For additional submittals beyond this, the EQUIPMENT SUPPLIER may be asked to reimburse the cost of handling and ENGINEERs reviews.

2.17 GENERAL CONDITIONS A. IMPORTANT NOTICE The City of Visalia will not be responsible for oral interpretations given by any City employee, representative, or others. Proposers are cautioned that any statements made that materially change any portion of the proposal documents shall not be relied upon unless subsequently ratified by a formal written amendment to the proposal document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Request for Proposals, the City will attempt to notify all prospective vendors who have secured same. However, it will be the responsibility of each vendor, prior to submitting their proposal, to contact the Purchasing Division, located at 707 W. Acequia, Visalia, CA 93291, (559) 713-4334 to determine if addendums were issued and to make such addendum a part of the proposal. B. CONTRACTING AGENCY The contract resulting from this Request for Proposals will be administered by the City of Visalias Purchasing Division in conjunction with the Public Works Division. C. LEGAL RESPONSIBILITIES All proposals must be submitted, filed, made, and executed in accordance with State of California and Federal laws relating to proposals for contracts of this nature whether the same or expressly referred to herein or not.

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By submitting a proposal, PROPOSER certifies that he or she will comply with all Federal laws and requirements, including but not limited to Equal Employment Opportunity, Disadvantaged Business Enterprise, Labor Protection and any other laws and regulations applicable to contracts, utilizing Federal funds. D. PERMITS AND LICENSES 1. Business License Certificate Possession of a City of Visalia Business Tax Certificate is not required to submit a proposal in response to this invitation. However, Equipment Supplier shall be required to possess, at his/her own expense, a valid and current City of Visalia Business Tax Certificate, at time of Proposal Award.. Fee is based on gross receipts for all business transactions in the City of Visalia. For additional information, contact the City of Visalia at (559) 713-4326. 2. Professional License Equipment Supplier is to be licensed in accordance with the California Business and Professions Code and is to possess current professional registration and be licensed to perform work in the State of California. 3. Permits Equipment Supplier shall be required to obtain and maintain at his/her own expense, any and all permits, licenses and certifications issued by any federal, state or local governmental agency, pertaining to, and necessary for providing the services required in this Request for Proposals. E. INSURANCE Indemnification and Insurance As respects acts, errors, or omissions in the performance of services, EQUIPMENT SUPPLIER agrees to indemnify and hold harmless CITY, its elected and appointed officers, employees, and CITY designated volunteers from and against any and all claims, demands, losses, defense costs, liability or consequential damages arising directly out of EQUIPMENT SUPPLIERs negligent acts, errors or omissions in the performance of his/her services under the terms of this Agreement; except to the extent those arise out of the negligence of CITY. CITY agrees to indemnify and hold harmless EQUIPMENT SUPPLIER, its officers, employees, and designated volunteers from and against any and all losses, defense costs, liability or consequential damages to the extent arising out of CITYS negligent acts, errors or omissions in the performance of this Agreement. As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONTRACTOR agrees to indemnify, defend (at CITYs option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with EQUIPMENT SUPPLIERS (or Equipment Suppliers subcontractors, if any) performance

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or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligence of CITY. Without limiting CITYs right to indemnification, it is agreed that EQUIPMENT SUPPLIER shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows: Workers Compensation insurance as required by California statutes. Commercial general liability insurance with a combined single limit of not less that One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractural Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractors Liability (if applicable). Comprehensive Automobile Liability coverage with a combined single limit of not less that One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.

Each insurance policy required by this Agreement shall contain the following clause: This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA 93291, with the exception of cancellation for non-payment of premium, in which case ten (10) days notice shall be given In addition, the Commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses: It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy. The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia. The successful bidder shall maintain the insurance for the life of the contract. Endorsements are to be received and approved by the City before work commences. Should contractor cease to have insurance as required during any time, all work by contractor pursuant to this agreement shall cease until insurance acceptable to the City is provided.

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SECTION 3 - PROJECT DESCRIPTION


3.1 GENERAL PROJECT INFORMATION:

The Visalia Water Conservation Plant (WCP) is located in Visalia, CA (7579 Ave 288). Currently, the treated effluent from the Visalia WCP is discharged to Mill Creek under Waste Discharge Requirements (WDR) Order No. R5-2006-0091 issued by the California Regional Water Quality Control Board, Central Valley Region. Among other requirements, this order limits the WCP discharge to an average flow of 20 mgd, which is 2 mgd below the rated capacity of the existing treatment plant. The upgrade of the WCPs wastewater treatment processes will include nitrification and de-nitrification of the plant effluent. In recent years, the water demand of the City has rapidly increased and resulted in significant overdraft of the Citys groundwater table. Therefore, recycling and reuse of the WCP effluent is a part of the Citys plan to reduce its demand for potable water. The Visalia WCP 2008 Master Plan identified the potential of recycled water reuse for irrigation of the Valley Oaks Golf Course, Highway 99 and 198 interchange and the local airport. The potential of recycled water reuse was further identified for irrigation of additional parks and agricultural lands within the City as well as a water exchange with the Tulare Irrigation District. Therefore, it is the intent of the CITY to upgrade the Visalia WCP to produce recycled water suitable for the identified reuses in conformance with California Administrative Code Title 22 with a plant capacity of 22 mgd. The CITY has selected MBR process as the treatment system of choice for the WCPs upgrades. A preliminary site layout for the proposed upgrades is shown in Figure 3-1. The upgraded plant will have the following unit operations. 1. 2. 3. 4. 5. 6. Existing headworks Existing grit removal tanks Existing primary clarifiers New inter-stage pump station New fine screens Existing pre-aeration tanks Modified to include anoxic and oxic portions to achieve nitrification and denitrification 7. New membrane tanks 8. New UV channels 9. Existing secondary clarifiers converted to recycled water storage tanks 10. Existing gravity belt thickening system 11. Existing anaerobic digesters (seven) and one new digester 12. New mechanical dewatering system 13. New sludge drying beds

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3.2

PRE - AERATION BASINS:

Four (4) existing identical, rectangular basins, each capable of handling up to 6.5 mgd annual average flow (26 mgd ultimate flow beyond 2040) will be used to provide preaeration to the MBR system. Each basin is 50 feet wide by 200 feet long by 15 feet side water depth. Aeration diffusers are needed in all the four basins in zones A, B and C as specified below. Anoxic zone will not have diffusers in it.
50ft ZoneC OxicZone 50ft ZoneB OxicZone 50ft ZoneA OxicZone 50ft

50ft

AnoxicZone Primary Effluent

Note Membrane tanks will be new construction and will be built separately. The aeration system shall be tapered as follows: 50% of the diffuser assemblies in Zone A. 30% of the diffuser assemblies in Zone B. 20% of the diffuser assemblies in Zone C.

It shall be noted that the pre-aeration tanks are designed to remove nitrogen through nitrification and denitrification processes to meet the nitrogen effluent limits. In addition, the pre-aeration basins will operate at an MLSS concentration as high as 10,000 mg/L. Please refer to Section 5.2.2 for detailed design criteria.

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SECTION 4 - FORMS
BIDDING SCHEDULE Attach Power of Attorney, which authorizes the signatory to commit the company to the terms of this offering. The power of attorney should be signed by a duly authorized company officer and notarized. In case of any inconsistencies in the Bid Prices between words and figures, the Bid Price(s) in words shall prevail. A. LUMP SUM TOTAL* (INCLUDING SALES TAX) FOR ALL MATERIALS AND SERVICES DESCRIBED IN THE REQUEST FOR PROPOSAL INCLUDING STANDARD WARRANTY AS PER SECTION 5.2.7 $ ____________________ ________________________________________________________________________ (Lump Sum Total in Words) * The lump sum price shall also include costs of packaging, applicable insurance and freight for all materials to the job site in Visalia, CA. All applicable taxes including Sales Tax at the rate of 9.0% shall also be included in the lump sum price. B. COST ESCALATION RATE TO BE USED IN THE EVENT THE GENERAL CONTRACTOR DOES NOT ORDER THE EQUIPMENT BY 8/31/2011. $____________ per month C. LUMP SUM TOTAL FOR REPLACEMENT MEMBRANES AFTER 10 YEARS (year 2022) ASSUMED LIFE OF MEMBRANES (INCLUDING SALES TAX): $ ____________________ ________________________________________________________________________ (Lump Sum Total in Words)

Signature Printed Name Title

Company Name Supplier License Number Date

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EQUIPMENT SUPPLIER IDENTIFICATION 1. Legal name of Supplier: 2. Street Address: 3. Mailing Address: 4. Business Telephone: 5. Facsimile Telephone: 6. Type of Business: Sole Proprietor Other Partnership Corporation

If corporation, indicate State where incorporated:

7. Business License number issued by the city where the Suppliers principal place of business is located. Number: _____________ Issuing City: ____________________

8. Federal Tax Identification Number: 9. Suppliers Representative (authorized to commit the EQUIPMENT SUPPLIER to the terms of this Contract) :

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REFERENCES Provide at least five (5) references for which similar equipment and services have been provided within the last five (5) years in the United States of America. Attach supplemental sheets, as necessary, to provide project descriptions and/or any unique features of the project(s), which the EQUIPMENT SUPPLIER believes to be important and should be considered. References specific to fine bubble diffusion for MBR process (preferable) or air activated sludge process for a municipal / industrial wastewater treatment plant having an average capacity of 5 mgd or greater are required.

CLIENT

Size of Facility

Location

Date Commissioned

SOTE & Submergence Contact Name & Phone

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WORKERS' COMPENSATION CERTIFICATE The EQUIPMENT SUPPLIER shall execute the following form as required by the California Labor Code, Sections 1860 and 1861: I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and on behalf of my firm, I will comply with such provisions before commencing the performance of the work of any contract entered into.

Signature Printed Name Title

Company Name Supplier License Number Date

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"NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY EQUIPMENT SUPPLIER AND SUBMITTED WITH PROPOSAL" (The form can be applied to other states as needed) State of California ) ) County of ____________________ )

ss.

______________________________(name), being first duly sworn, deposes and says that he or she is ______________________ (title) , of _______________________ (name of firm) the party making the foregoing proposal that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the EQUIPMENT SUPPLIER has not directly or indirectly solicited any other EQUIPMENT SUPPLIER to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any EQUIPMENT SUPPLIER or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the EQUIPMENT SUPPLIER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or the EQUIPMENT SUPPLIER or any other EQUIPMENT SUPPLIER, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other EQUIPMENT SUPPLIER, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the proposal are true; and, further, that the EQUIPMENT SUPPLIER has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

Signature Printed Name Title

Company Name Supplier License Number Date

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SURETY BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ____________________________________________________________ (Full name or legal title of EQUIPMENT SUPPLIER) as EQUIPMENT SUPPLIER, hereinafter called Principal, and ___________________________________________________________________________ (Name of bonding company) as Surety, hereinafter called Surety, a corporation authorized to transact business as a Surety in the State of California, are held and firmly bound unto the CITY OF VISALIA, hereinafter called "CITY", in the penal sum of ___________________________________________________________________________ DOLLARS ($__________________), lawful money of the United States of America, not less than TEN PERCENT (10%) of the Proposal Price (Section 4, Bidding Schedule, Item A), for the payment of which sum well and truly to be made, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS: The Principal has submitted a proposal to said CITY to perform all work required for the CITYs Aeration Diffuser System. NOW THEREFORE: The condition of this obligation is such that if the CITY does not select the Principal, or in the alternate, selects said Principal to furnish the goods and services represented by this Request For Proposals, and said Principal enters into a purchase agreement with GENERAL CONTRACTOR selected under a separate procurement, then this obligation shall be null and void, otherwise to remain in full force and effect. In the event suit is brought upon this bond by said CITY and judgment is recovered, said Surety shall pay all costs incurred by said CITY in such suit, including a reasonable attorney's fee to be fixed by the court. Signed this ______ day of __________________ , 20__ . Principal Surety

By: Its __________________

By: Its Attorney-in-Fact

(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY)


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EXCEPTION FORM Should your firm take exception to ANY of the terms and conditions or other contents provided in the Request for Proposal, submit the following form with your proposal. If no exception(s) are taken, enter "NONE" for the first item. Make additional copies of this form if necessary. Please note that these exceptions do not mitigate the responsibility of the EQUIPMENT SUPPLIER, in any way, whatsoever, on performance, equipment quality, operability and maintainability. Page Number: _____ Section Title:

Paragraph Number: _____ Exception Taken:

Page Number: _____

Section Title:

Paragraph Number: _____ Exception Taken:

Page Number: _____

Section Title:

Paragraph Number: _____ Exception Taken:

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SECTION 5 - TECHNICAL SPECIFICATIONS


5.1 GENERAL

5.1.1 WORK OF THIS SECTION The WORK of this section includes furnishing a fine bubble diffuser system for four (4) existing aeration basins as described in this Request For Proposal. The four existing aeration basins will serve to provide pre-aeration to an MBR system and consist of anoxic and oxic zones to achieve nitrification and denitrification. All equipment shall be furnished complete with all accessories, connections, supports and controls necessary for a workable system and shall conform to all applicable codes and standards. The fine bubble diffuser system shall be defined as starting from the main air header on top of the tanks, excluding the air header itself, through the individual diffusers. The following three alternative diffuser systems are specified in this Section: (1) EPDM membrane diffusers, (2) Aerostrip polyurethane diffusers, and (3) Silicone membrane diffusers. The WORK requires providing a fine bubble diffuser system using one of the alternative systems throughout the WORK. The diffuser system will be installed by the GENERAL CONTRACTOR under the direction of the EQUIPMENT SUPPLIER. The WORK also requires that one EQUIPMENT SUPPLIER be made responsible for the WORK of this section including drop pipes, isolation valves, manual control valves, if required, pressure measuring system (local readout pressure gauge on drop pipes), distribution pipes, bleed valves and pipes for air purge system if required by the manufacturers system, diffusers, and other accessories as required and recommended by the EQUIPMENT SUPPLIER for a complete, workable system. All components of the air distribution system shall be rated for the appropriate temperature range to which the system will be subjected to. All equipment and appurtenances shall comply with the requirements of the 2007 California Building Code (CBC) and applicable Sections of ASCE Standard 7-05 by using the following minimum values in design. a. Seismic Component Importance Factor for Anchorage of Mechanical and Electrical Equipment, I: 1.25. Mechanical equipment, piping, piping supports, and piping connections shall be designed to prevent sliding or overturning. The EQUIPMENT SUPPLIER shall be experienced, reputable and qualified in the manufacture of the equipment to be furnished and must have supplied at least five systems of comparable size and complexity in the United States within the last five years. Equipment of comparable size and complexity shall have the following characteristics: fine bubble air diffusion system for MBR process (preferable) or air activated sludge process for a municipal / industrial wastewater treatment plant having an average capacity of 5 mgd or greater.

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5.1.2 SPECIFICATIONS AND STANDARDS Except as otherwise indicated, the current editions of the following apply to the WORK of this Section: ASTM A 240 ASTM D 1785 ASTM D 1869 ASTM D 2241 ASTM D 2466 ASTM D 2564 ASTM D 3034 ASTM D 2855 ANSI B 16.5 ASTM D 1248 5.1.3 Heat-Resisting Chromium and Chromium-Nickel Stainless Steel Plate, and strip for Pressure Vessels Polyvinyl Chloride (PVC) Plastic Pipe, Schedules 40, 80, and 120 Rubber Rings for Asbestos-Cement Pipe PVC Presssure-Rated Pipe (SDR Series) PVC Plastic Pipe and Fittings, Schedule 40 Solvent Cements for PVC Plastic Pipe and Fittings Type PSM PVC Sewer Pipes and Fittings Practice for Making Solvent Cemented Joint with PVC Pipe and Fittings Pipe Flanges and Flanged Fittings Polyethylene Pipe

SHOP DRAWINGS AND SAMPLES

Either as a part of this bid or prior to release for manufacture of equipment, as indicated below, the EQUIPMENT SUPPLIER shall submit information and/or shop drawings of all equipment for review by the ENGINEER (Parsons). Table 5-1 : Items to be submitted with this bid
Completed bid forms. A complete bill of materials identifying scope of supply for all components of the system A complete system description with number of diffuser assemblies. A complete materials list and dimensions of all parts of the diffuser assemblies. The number and size of the orifices in the flow control device (if required). The recommended minimum, design and maximum air flows per diffuser. A curve showing headloss versus air flow rate for components of the diffuser assembly (orifice, diffuser membrane, and complete diffuser assembly) over the full range of operation in mixed liquor; both new and after 5 and 10 years of operation. (a)

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Notes : (a) The headloss across the diffuser assembly over several years (say 2-10 years) is a great concern. Therefore, The EQUIPMENT SUPPLIER shall submit full evidence of claims made for headloss across the diffusers in applications with MLSS concentrations as high as 10,000 mg/L. Table 5-2: Items to be submitted later through the General Contractor
Fabrication details. A complete shop welding procedure for stainless steel pipe. The EQUIPMENT SUPPLIERs recommended installation procedures including level test, uniformity and leakage test, and oxygen transfer test. Descriptive literature and dimensional drawings showing the proposed method of compensation for thermal expansion and contraction in the aeration system. A testing plan designed to ensure consistently good quality and uniformity of the diffuser assemblies, including a sampling plan. The plan shall specify the number of diffuser elements to be tested from each batch, quality control test procedures, and the credentials of the agency conducting the tests. A sample diffuser assembly. Seismic calculations stamped by a licensed Structural Engineer in California. A list of special tools. Operation and Maintenance Manuals (with parts list) as per Section 5.3.4 for the diffusion equipment. A description of the diffuser systems routine maintenance and repair requirements.

5.1.4 FACTORY TESTING Prior to delivering of the diffuser system to the job site, the EQUIPMENT SUPPLIER shall perform the following tests at the factory/shop. All or some of these tests will be witnessed by the CITY and/or ENGINEER. All expenses related to this witness test including the cost of travel, board and lodging of two (2) City's /Engineer's representatives shall be included in the Bid. Uniformity Test: Uniformity is defined as substantially even distribution of air bubbles when the diffuser is submerged and operating at 0.5 scfm. A minimum of 5 diffusers randomly selected from a group of 100 shall be tested for uniformity. Dynamic Wet Pressure Test: All diffusers tested for uniformity shall also be tested for dynamic wet pressure in accordance with an approved testing procedure. The dynamic

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wet pressure is the pressure drop across a wetted diffuser element (membrane only) at specified air flow rate. Defects: All diffuser elements shall be visually inspected for defects. Those with appreciable warping of surfaces or irregularity of corners, showing cracks, soft spots, chipping or other defects, or not free from adhering foreign material, dirt, oil or clogging material, shall be rejected. 5.2 PRODUCTS

The EQUIPMENT SUPPLIER shall furnish complete diffuser systems for four (4) pre-aeration basins. This shall include all necessary drop pipes, header pipes, distribution pipes, supports, air diffusers, hold-downs and accessories. The system shall be designed to withstand the design air discharge pressure (10 psig) plus a 2 psig surge factor. 5.2.1 ISOLATION BUTTERFLY VALVES A. General: Isolation butterfly valves shall be designed to meet or exceed the design, strength, performance, and testing standards of ANSI/AWWA C 504. Seats shall be mechanically retained without being penetrated by fasteners and shall be field adjustable and field replaceable. A seat retaining ring, if used, shall be a single continuous ring which shall be bolted to the body. Rubber seats shall be adequately reinforced to prevent the seat from becoming inflated by pressure behind the seat. Body: Valve bodies shall be fabricated with cast iron conforming to ASTM A126, class B, with flanged design for 3 and larger valves, and drilled to comply with ANSI B 16.1, class 125. Disc: The disc shall be fabricated with ductile iron conforming to ASTM A536 with an edge of monel, Type 316 stainless steel, or nickel; it shall be designed with the airprofile or other proper shape. Sprayed or plated disc edges are not acceptable. Disc shall be coated with a polyester epoxy. Seat: The elastomer seat shall be mounted in the valve body. The seat shall be fieldreplaceable without special tools. Except for use with petroleum-base fluids, the seat material shall be Ethylene-Propylene-Diene Monomer (EPDM), or other suitable material, to provide a tight shut-off at the indicated temperatures. The elastomer thickness shall be minimum inch, exclusive of backing rings, or stiffeners. Shaft: The valve shaft shall be fabricated with stainless steel, Type 316. Bearings: Shaft bearings shall be of the self lubricating corrosion resistant sleeve type. Packing: Packing shall be of the adjustable or self adjustable type, suitable for the temperature and service conditions. Isolation butterfly valves shall be manufactured by:

B.

C.

D.

E. F. G. H.

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a. b. c. 5.2.2

De Zurik Corporation Henry Pratt Company (2FII; XR-70) Keystone (Tyco)

DESIGN CRITERIA

Table 5-3: Design criteria for fine bubble aeration system Parameter Units Value Number of Basins Number 4 Dimension of each basin (L x W x SWD) ft x ft x ft 200 x 50 x 15 Actual Oxygen Required per basin (AOR) - Peak lb O2/day/basin See Table 5-5 below - Average lb O2/day/basin See Table 5-5 below - Minimum lb O2/day/basin See Table 5-5 below Required ratio of air distribution Zone A* - Zone B* - Zone C* Design Alpha () factor Beta () factor Average D.O. in the basins Design temperature of sewage in summer Design MLSS in the basins Altitude of the site above MSL Atmospheric pressure at the site Number of diffuser assemblies Zone Aa - Zone Ba - Zone Ca Submergence to top of diffusers Ratio of diffuser area / tank area (Ad/At) Zone Aa - Zone Ba - Zone Ca Pressure loss across the diffuser assembly** new condition - dirty/plugged % % % 50 30 20 0.42 0.95 2.0 25 10,000 300 14.53 * * * * * * * * *

mg/L C mg/L ft Psia No./basin/zone No./basin/zone No./basin/zone ft % % % inches of w.c. inches of w.c.
0

Notes: a. See figure below for Zone descriptions * to be filled in by the EQUIPMENT SUPPLIER ** pressure loss shall include complete diffuser assembly including orifices, if applicable.

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50ft ZoneC OxicZone

50ft ZoneB OxicZone

50ft ZoneA OxicZone

50ft

50ft

AnoxicZone Primary Effluent

Table 5-4: Air flow per diffuser versus SOTE

Table 5-4: Air Flow Per Unit Diffuser Area Vs SOTE Zones Peak Flow Condition Air flow/diffuser area (scfm/sq.ft) SOTE Average Flow Condition Air flow/diffuser area (scfm/sq.ft) SOTE Minimum Flow Condition Air SOTE flow/diffuser area (scfm/sq.ft) (%) * * * * * *

(%)

(%) * * *

* Zone A * * Zone B * * * Zone C * * * * to be filled in by the EQUIPMENT SUPPLIER

Under no circumstances shall the assumed clean water standard oxygen transfer efficiency (SOTE) be more than 40% for any aeration system (for the submergence of this project). In regard to full scale testing for demonstration of clean water efficiency, a shop test in accordance with Section 5.2.8 will be required. Table 5-5: Oxygen Requirements Under Different Flow Conditions Year 2012 AADWF Flow (MGD) 13.5 Flow Condition low flow avg. flow peak flow low flow avg. flow peak flow low flow avg. flow peak flow Flow Rate (MGD) 6.75 13.5 22 8.5 17 27 11 22 35 AOR (lbs/day) 17,017 34,035 54,456 21,042 42,085 67,335 27,228 54,456 87,140
5-6 Parsons

2022

17

2032

22

City of Visalia Water Conservation Plant Upgrades Aeration Diffuser System Pre-selection

The system supplied shall be able to handle these AOR variations and corresponding air requirements without causing the diffusers to plug and/or show excessive headloss. The EQUIPMENT SUPPLIER shall demonstrate their systems ability to deliver the required oxygen by supplying actual data (from systems at other plants having a configuration similar to Visalia) collected and analyzed by independent laboratories. Refer to Section 5.2.8 for details on performance guarantee required. 5.2.3 DROP PIPE AND MANIFOLD Size and Material: Each drop pipe shall extend from the air main piping system, running on top of the tanks along the length of the tanks, above the water surface all the way to the submerged air manifold. The EQUIPMENT SUPPLIER shall recommend optimum number of drop pipes for each basin. Drop pipes shall be stainless steel Type 304L Schedule 10 from top up to 3 feet above the aeration basin floor and unplasticized polyvinyl chloride (UPVC) from thereon down. Drop pipes of UPVC shall be Schedule 40 Type 1120, or better, and shall conform to ASTM D 1785. Expansion and Contraction: The submerged air manifold shall include an expansion-contraction system consisting of fixed supports, intermediate supports and expansion joints. Fixed supports shall anchor the manifold against longitudinal and lateral movement at the support. Intermediate supports shall allow longitudinal movement through the support. Expansion joints shall allow for longitudinal expansion and contraction within the joint. The entire system shall allow for expansion and contraction over a range of 125 degrees F. Supports: Each section of the submerged air manifold shall be properly supported and braced to withstand all potential stresses and loads and shall comply with the requirements of the 2007 California Building Code (CBC) and applicable Sections of ASCE Standard 7-05. Manifold supports shall meet the expansion-contraction system requirements as required and/or recommended by the EQUIPMENT SUPPLIER. Manifold supports shall include manifold hold-down, adjusting and locking mechanism, cradle, cross, tee, and supporting structure as needed and recommended by the EQUIPMENT SUPPLIER. Cinch type anchor bolts shall secure the stainless steel stand to the basin floor. Each manifold support shall have a cradle with a bearing surface contoured to fit a minimum of the bottom 90 degrees of the air distribution manifold. All supports shall include a mechanism to provide for a minimum of 2 inches vertical and 0.5-inch lateral adjustment for alignment of the manifold. One support for each manifold section shall include an integral device for longitudinal rotational adjustment of the manifold. All adjusting devices and mechanisms shall lock to maintain the manifold in position after the final adjustments have been made. Special Connections: Special expansion connections or couplings shall be provided, as required, along the bottom centerline of the submerged air manifold for connection to the air distribution headers. These special couplings shall prevent stress concentrations in UPVC distribution piping.

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Welded Parts: All welded parts and assemblies including drop pipes, fabricated supports, flanged joints and expansion joints shall be fabricated from sheets and plates of Type 304L stainless steel with a 2D finish conforming to AISI Type 304L and ASTM 240. Welding: All welding shall be completed in the factory. Field welding shall not be permitted. All welding shall be by the shielded arc, inert gas, MIG or TIG method. Filler wire shall be added to all welds to provide for a cross section of weld metal equal to, or greater than, the parent metal. Butt welds shall have full penetration to the interior surface and gas shielding shall be provided to the interior and exterior of the joint. Interior weld beads shall be smooth, evenly distributed with an interior projection not exceeding 0.0625inch beyond the ID of the air header or fitting. The outside weld area shall be wire brushed. Brushes shall be of stainless steel and used only on stainless steel. All discoloration and deposits left by welding shall be removed by pickling. Pickling: After fabrication, all stainless steel assemblies and parts shall be passivated by immersion in a pickling solution of 6 percent nitric acid and 3 percent hydrofluoric acid at 140 degrees F for a minimum of 15 minutes. Parts shall be free of iron particles or other foreign material. A complete neutralizing operation shall be required by immersion in a trisodium phosphate rinse. 5.2.4 DISTRIBUTION PIPE (HEADERS) AND FITTINGS Size and Material: Distribution headers and fittings manufactured of UPVC shall have a minimum of 2 percent TiO2 added for ultraviolet protection. Headers of UPVC shall be Schedule 40 Type 1120, or better, and shall conform to ASTM D 1785. Expansion joints, diffuser holders, and retaining rings shall have a minimum wall thickness of 0.125 inches. Fabrication: No field solvent welding shall be permitted. Diffuser elements and expansion joints shall be factory installed on the distribution header. Expansion and Contraction: The air distribution system shall include a means for expansion-contraction of the system and shall include expansion joints, fixed supports and intermediate sliding supports. The expansion-contraction joint shall be designed to allow for a total movement of 3 inches over a temperature range of 125 degrees F. Header Supports: Each header section shall be held in place by one anchor support. Intermediate supports shall allow longitudinal and rotational movement of the header section. Stands shall be adjustable to permit leveling up to 6 inches and rotating of the distribution header with the header in place. All adjusting devices shall lock in place after the headers have been installed and leveled. Each support shall be secured to the basin floor by means of a Type 304L stainless steel cinch type anchor bolt designed for 10 times the calculated normal uplift forces. All header supports shall have a vertical adjustment of 6 inches. The fixed supports shall be designed to anchor the header against longitudinal movement at the support. The fixed support shall be attached to the header in such a manner to prevent movement at this point. The supports shall be located at the expansion joints and at the ends of the header pipe. Any expansion-contraction must take place in the expansion joints.

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Diffuser Assemblies: Diffuser assemblies shall be designed for installation along the distribution header. These shall be of proper design complete with all required parts and supports. Purge System: Each header pipe shall have a removable end cap or plug to allow purging. For disc diffusers, a properly designed air lift moisture blowoff system shall be furnished, by the EQUIPMENT SUPPLIER, with each aeration grid. The system shall be properly supported and provided with any necessary expansion joints for a temperature range of 125 degrees F. The valve in any blowoff system shall be easily accessible above the water surface adjacent to the wall. The Aerostrip system and the tubular membrane system suppliers shall address this issue in their proposal as to whether a purge system is or is not required. The cost of providing a purge system or an equivalent recommended system shall be included with the respective system bid. 5.2.5 DIFFUSER ASSEMBLIES 5.2.5.1 GENERAL DIFFUSER ASSEMBLY REQUIREMENTS The diffuser assemblies shall be shipped totally assembled by the EQUIPMENT SUPPLIER, ready for installation by the GENERAL CONTRACTOR. Records of factory quality control test for material use and production of aeration diffusers for this project shall be maintained at the EQUIPMENT SUPPLIERs facility for a period of five years. Test results shall be made available upon the ENGINEERs request. Diffusers shall be easily removable from the header system without special tools or procedures. 5.2.5.2 EPDM AND SILICONE MEMBRANE DIFFUSERS The design shall allow a complete flexing cycle to be performed to maintain the membrane and its perforations in a clean state. Membranes shall be replaceable in the field without the need to remove the diffuser from the basin. Aeration diffusers shall be crossreferenced to membrane production run number upon production. Improper bubble size or distribution shall be a reason for rejection of the specific aeration diffuser system as determined by the ENGINEER. Disk diffuser assemblies shall consist of a nominal 7 or 9 -inch diameter EPDM membrane diffuser with integral O-ring, a UPVC retainer ring, and a diffuser baseplate. The diffuser cross-section shall be thickened at the center and at the periphery near the O-ring to resist stretching. The retainer ring shall be made of UPVC with a minimum of 2 percent TiO2 added for ultra-violet protection. The retainer ring shall have a minimum of 2.5 complete threads for effective sealing. The threads shall be buttress-type for maximum holding strength and to minimize stress concentration. The diffuser baseplates shall be factory solvent welded to the UPVC diffuser header and shall be manufactured of UPVC with a minimum of 2 percent TiO2 added for ultra-violet protection. The welding contact area

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between the baseplate and the header shall be a minimum of 24 square inches to provide a structurally sound connection. The baseplates shall be centered on the crown of the pipe with the angular variation of all the baseplates on a header not to exceed 1.0 degree. Each baseplate shall incorporate a factory-drilled orifice sized to give minimum headloss while assuring uniform air distribution under the horizontal surface of the diffuser membrane. Tubular diffuser assemblies shall consist of two diffuser tubes mounted to a teeshaped mounting connection or a single tube with clip-in type connection. Each tube shall consist of a tubular EPDM or silocone membrane fully supported over full length and circumference of a UPVC or Polyproplylene (PP) membrane support frame. Tubular diffuser membranes shall be extruded into a one piece flexible membrane and the membrane shall be perforated per EQUIPMENT MANUFACTURERs standards to provide optimum mixing and oxygen transfer. Two stainless steel clamps shall hold the diffuser membrane in place. The diffuser mount saddle assembly shall fully encompass the air distribution header pipe. All UPVC components shall contain a minimum of 2 percent TiO2 for ultra-violet protection. Diffuser membranes shall be composed of EPDM elastomer OR silicone based compound and shall be resistant to attack by common compounds present in wastewater. EPDM material shall meet the requirements of ASTM D 573. Diffuser membranes shall be free of voids, tears, bubbles, creases or other structural defects. Membranes shall have a uniform distribution of air release across the entire perforated surface area when submerged and operating at appropriate air discharge rates. The non-perforated area of the membrane shall provide the necessary sealing capabilities and backflow prevention when air supply to the diffuser is interrupted. Membrane material shall have a durometer of 55 5, Shore A, with a minimum tensile strength of 1375 psi, and a minimum elongation of 500 percent at break. Supports and Anchors: All nuts, bolts, washers, and other fasteners shall be of 304L stainless steel or better. Anchors shall be of 304L stainless steel threaded rod. Anchors shall be suitable for insertion into concrete slab with epoxy adhesive and have a margin of safety for pullout of 10 to 1 against calculated buoyant forces. 5.2.5.3 AEROSTRIP DIFFUSERS The design shall allow a complete flexing cycle to be performed to maintain the membrane and its perforations in a clean state. Membranes shall be replaceable in the field without the need to remove the diffuser from the basin. Aeration diffusers shall be crossreferenced to membrane production run number upon production. Improper bubble size or distribution shall be a reason for rejection of the specific aeration membranes as determined by the ENGINEER. Assembly: Fine bubble strip aerators shall be a flat strip design using a flexible membrane installed on the basin floor to utilize the full side water depth. Membrane: The strip aerator membrane shall be a homogenous thermoplastic material from the polyurethane family. The membrane must be manufactured as a seamless,

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calendared sheet without defects or repairs. The surface of the membrane must be smooth to prevent biological growth from attaching. Air flow shall be uniform across the entire membrane surface, at all design conditions. All membranes furnished shall have the same slit size, and orientation. Frame: The frame shall provide structural support for the strip aerator membrane and be structurally self-sufficient. In addition to securing the entire perimeter of the membrane with an airtight sealing mechanism, the frame shall provide the necessary mechanism for even distribution of air. No fasteners shall be allowed to penetrate the membrane. The base plate shall be made from PVC, extruded one piece for structural integrity. The membrane shall be secured via two peripheral clips made of PVC at the short ends and two peripheral profiles from poly-amide in the grooves along sides. The air feed fitting shall be compression type made of PP. The aerator shall be anchored directly on the basin floor by strip fastener plates made of 304L stainless steel. Supports and Anchors: All nuts, bolts, washers, and other fasteners shall be of 304L stainless steel or better. Anchors shall be of 304L stainless steel threaded rod. Anchors shall be suitable for insertion into concrete slab with epoxy adhesive and have a margin of safety for pullout of 10 to 1 against calculated buoyant forces. 5.2.6 ELASTOMERIC GASKETS All necessary gaskets shall be furnished for the aeration system. Gaskets shall be suitable for withstanding the effects of wastewater and for temperatures up to 250F. 5.2.7 STANDARD WARRANTY All materials comprising the aeration system shall be warranted against premature failure when the system is operated in municipal wastewater with some industrial component and in conformance with the EQUIPMENT SUPPLIERs instructions. The membrane element shall be warranted against premature tearing or permanent set of the material. Permanent set shall be defined as a change (positive or negative) in the dynamic wet pressure (DWP) across the membrane of more than 15 percent from the new condition when the equipment is operated at the design air flux in a clean condition. The warranty period shall begin when the CITY takes possession for full-scale operation and be for 8 years with a uniform proration after the 5th year. That is, the EQUIPMENT SUPPLIER shall bear 100% of any repair/replacement costs during the first 5 years of the warranty period. After which, the EQUIPMENT SUPPLIERs cost burden shall decrease uniformly (i.e., in a linear fashion at the rate of 33.33% each year) to 0% over the next 3 years. During the warranty period, the EQUIPMENT SUPPLIER shall repair or replace the defective elements within 14 calendar days of receiving notice of a failure.

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5.2.8

PERFORMANCE GUARANTEE

The EQUIPMENT SUPPLIER shall demonstrate their systems ability to deliver the required oxygen by supplying actual data (from systems at other plants having a configuration similar to Visalia) collected and analyzed by independent laboratories. Further, the EQUIPMENT SUPPLIER shall hire an independent laboratory/agency/consultant to conduct a witnessed clean water oxygen transfer test per latest ASCE standards at their manufacturing facility or at a third party independent test facility, paid for by the Equipment Manufacturer including the cost of travel ,board and lodging of two (2) CITY's /ENGINEER's representatives. The test tank shall be a minimum of 30,000 gal capacity and shall have diffusers of same type, model and material as the offered diffusers. The test shall be performed with the diffusers layout and density simulating as closely as possible to the offered /recommended arrangement at range of air flow rates, which will be approximately the same as on full scale for at least four (4) flow conditions. The flow conditions to be determined by the ENGINEER. A detailed test procedure shall be submitted to the ENGINEER for approval at least 3 weeks before the scheduled test date. A failure of the test shall cause the EQUIPMENT SUPPLIER to add additional diffusers and related accessories and retest, at the EQUIPMENT SUPPLIERs cost, the system with modified layout and configuration until the measured performance is at least equal to the assumed performance. In such case, additional diffusers tested to meet the requirements shall also be provided by the EQUIPMENT SUPPLIER at full scale, at no additional cost to the CITY. Alternatively, at the CITYs sole discretion, the City may accept a reasonable penalty from the EQUIPMENT SUPPLIER, equal to the present worth of the calculated incremental power cost, over the next 20 years, of operating the non-conforming (i.e., below specifications) diffuser system. 5.2.9 TOOLS The EQUIPMENT SUPPLIER shall supply two complete sets of special wrenches or other special tools necessary for the assembly, adjustment and dismantling of the equipment. All tools shall be furnished in labeled tool boxes of suitable design. 5.2.10 SPARE PARTS The EQUIPMENT SUPPLIER shall provide 2% spare parts of each component of the system (i.e., diffusers complete with holders, gaskets, O-rings, retainer rings, membrane fasteners, etc.).

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5.2.11 MANUFACTURERS The aeration diffuser system shall be manufactured by one of the following: 1. 2. 3. 4. 5. 5.3 Sanitaire Corporation (EPDM membrane type 7 inch and 9 inch discs) Environmental Dynamics, Inc. (Tubular EPDM membrane diffusers) Aerostrip Corporation (Aerostrip Polyurethane membranes) OTT Group (Tubular silicone membrane diffusers) Or approved equal

EXECUTION

5.3.1 PACKING AND SHIPPING All materials shall be suitably packaged and braced to protect against damage during transit, handling, and unloading. The EQUIPMENT SUPPLIER shall package all equipment, and shall be responsible for and make good any and all damage until equipment is delivered to the jobsite. The EQUIPMENT SUPPLIER shall provide written storage procedures. All accessories shall be packaged separately in containers plainly marked. The packing list, listing the contents of each container, shall be placed in moisture-proof envelope and securely fastened to the outside of the container. The EQUIPMENT SUPPLIER shall fabricate and deliver materials to the jobsite to conform with the GENERAL CONTRACTORs construction schedule, so as to minimize handling and onsite storage of the equipment. Materials shall be unloaded, by the GENERAL CONTRACTOR, to a designated storage area, and covered until use in accordance with the EQUIPMENT SUPPLIERs directions. The equipment delivery schedule shall be coordinated with the GENERAL CONTRACTOR. 5.3.2 INSTALLATION The equipment will be installed by the GENERAL CONTRACTOR. The EQUIPMENT SUPPLIER shall supply written instructions and recommendations with the equipment, and approved shop drawings for the GENERAL CONTRACTORs use in installing the equipment. Additionally, the EQUIPMENT SUPPLIER shall provide the services of a qualified field representative employed by the EQUIPMENT SUPPLIER to visit the project site to instruct the GENERAL CONTRACTORs personnel, inspect, and insure that the installation is performed in accordance with their specifications. The EQUIPMENT SUPPLIER shall provide the representative for a minimum of two (2) trips involving four eight (8) hour days total, at the job site, for this purpose. The EQUIPMENT SUPPLIER shall furnish a certificate stating the equipment has been tested and is correctly installed, properly aligned and ready to be placed in regular operation. A separate certificate shall be provided for each aeration basin, as they become available for use by the CITY.

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5.3.3

FIELD INSTALLATION TESTING

Leak and Level Testing: After all the diffused aeration equipment and appurtenances have been installed in a basin, it shall be tested by the GENERAL CONTRACTOR for mounting, levelness, air uniformity and leakage. The EQUIPMENT SUPPLIERs field engineer shall be present to observe this testing. The EQUIPMENT SUPPLIER shall provide the field engineer for four (4) trips involving eight eight (8) hour days total, for this purpose. Prior to initiating the field testing, all piping shall be inspected for proper joints, supports, tiedowns, plugs and drain relief valves. The aeration basin shall be flooded with water to the top of the diffusers. The level of the diffusers shall be checked and ensured that they are the same elevation as specified within the approved shop drawings. After completion of the leveling test, water shall be introduced into the aeration basin by the GENERAL CONTRACTOR until the diffusers have been covered with 6-12 inches of water. Air shall be released through the diffusers, and operation of the diffusers shall be checked. The surface of the water above the diffusers shall be then visually inspected to ensure that air flow is uniformly distributed across the basin, as well as uniformly distributed across the diffusers. Submerged piping shall be inspected for leaks. The EQUIPMENT SUPPLIERs field representative shall identify any leaks for the GENERAL CONTRACTOR to repair. 5.3.4 OPERATIONS TRAINING In addition to installation and testing services specified above, the EQUIPMENT SUPPLIER shall provide the services of a factory trained representative of the EQUIPMENT SUPPLIER to provide two (2) eight-hour training classes each for the CITYs personnel in proper operation and maintenance procedures of the system. The class shall be on-site, in Visalia , and scheduled within seven days after the completion of the full basin test. The EQUIPMENT SUPPLIER shall provide 10 copies of the Operation and Maintenance Manual, adequately bound and of high quality, to the CITY at least 10 days before the training class. The Manual (10 copies) shall be resubmitted within 14 days after the training class, incorporating any review comments by the CITY and/or ENGINEER. 5.3.5 PAYMENT AND RETAINAGES Payment, less any applicable penalties for non-performance, shall be made to the EQUIPMENT SUPPLIER according to the following schedule. 1. Delivery of equipment 2. Completion of installation 3. Acceptance of performance tests 60 percent of lump sum for Item A and Item B (if applicable) of the Bidding Schedule. 20 percent of lump sum for Item A and Item B (if applicable) of the Bidding Schedule. Remaining 20 percent of lump sum for Item A and Item B (if applicable)of the Bidding Schedule

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SAMPLE EQUIPMENT SUPPLY AGREEMENT subject to changes SUPPLY FINE BUBBLE AERATION DIFFUSER SYSTEM (WATER CONSERVATION PLANT City of Visalia RFP No. 09-10-54) This Agreement, entered into and effective this _____ day of ____________, 2010 [Effective Date], by and between the City of Visalia, hereinafter referred to as the CITY, and _______________________________ hereinafter referred to as the EQUIPMENT SUPPLIER, BIDDER, or SUBRECIPIENT. RECITALS WHEREAS, EQUIPMENT SUPPLIER is a _____________________ (type of business) with a primary business address of _____________________________________________ and Tax ID Number or Employer ID Number of : ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires to pre-select EQUIPMENT SUPPLIER and guarantee pricing of Fine Bubble Aeration Diffuser System for the Citys Water Conservation Plant Upgrade Project, which was let to bid in May, 2010 as evidenced by RFP No. 09-10-54 (the Furnishing Fine Bubble Aeration Diffuser System for Water Conservation Plant in Visalia, CA); and WHEREAS, City of Visalia reviewed and evaluated responses to the Request for Proposals and determined that EQUIPMENT SUPPLIER shall be the supplier of said equipment and shall furnish Fine Bubble Aeration Diffuser System per specifications of RFP-09-10-54 upon order of the Citys General Contractor; and WHEREAS, EQUIPMENT SUPPLIER represents it is licensed, qualified and willing to supply the equipment to the CITYs GENERAL CONTRACTOR pursuant to terms and conditions of this Agreement; and WHEREAS, EQUIPMENT SUPPLIER has supplied to the CITY, a surety bond in the amount of 10% of the total Equipment Price as specified in RFB-09-10-54. This surety bond shall remain in full force and effect until such time as the Equipment Supplier and the Citys General Contractor enter into a Purchase Agreement. NOW, THEREFORE, CITY and EQUIPMENT SUPPLIER agree as follows: 1. TERM: The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The indemnification and defense provisions shall survive expiration and termination. Suspension or termination of this Agreement may occur if EQUIPMENT SUPPLIER materially fails to comply with any term of the award. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, the Equipment Supplier shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds. 2. ATTACHMENTS INCORPORATED: The following are attachments for this Agreement. Agreement as if included in full in the body:

Said attachments are incorporated into this

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ATTACHMENT NO. Attachment 1 Attachment 2 Attachment 3 Attachment 4

DESCRIPTION OF ATTACHMENT General Contract Provisions Insurance Requirements City of Visalia RFP-09-10-54, Furnishing Fine Bubble Aeration Diffuser System for City of Visalias Water Conservation Plant EQUIPMENT SUPPLIERs proposal in response to RFP-09-10-54

3. EQUIPMENT SCOPE OF SERVICES and COMMITMENTS*: CONTRACTOR shall provide the following services: Furnish Fine Bubble Aeration Diffuser System per all specifications of: 09-10-54 including any Addenda. 4. CITY COMMITMENTS: CITY shall perform the following tasks on or before the stated completion dates: TASK Prepare Project Construction Documents to specifying Equipment Proposed by EQUIPMENT SUPPLIER per specifications of RFP-09-10-54 COMPLETION DATE Time of Construction Bid

5. COMPENSATION: EQUIPMENT SUPPLIER shall be paid compensation for services by the Citys GENERAL CONTRACTOR. Such sum shall be expended and paid on a reimbursement basis as outlined in Section 5.3.5 Schedule of Payments of RFP-09-10-54. Total Compensation: $ Not to exceed EQUIPMENT SUPPLIERs Stated Bid Amount Source of Funds: Local Revenues (Wastewater) Payment Schedule: As referenced in RFP-09-10-54 IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written. CONTRACTOR Dated: ____________________ By:___________________________________________________
Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.

CITY OF VISALIA Dated: ___________________ By:_________________________________________


City Manager

Dated: ___________________

By: _________________________________________
City Attorney

Dated: ___________________

By:__________________________________________
City of Visalia Risk Manager

Dated: ____________________

By:_________________________________________
City of Visalia Project Manager

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Exhibit C Attachment 1
GENERAL CONTRACT PROVISIONS A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties. Prohibition of Assignment: Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the EQUIPMENT SUPPLIER (also referred to as CONTRACTOR), or if sent via the United States Postal Service, postage prepaid, addressed as follows: CITY OF VISALIA 707 W. Acequia Ave. Visalia, CA 93291 Attention: City Clerk D. CONTRACTOR _______________________ _______________________ Attention: _____________

B.

C.

Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in California. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

E.

F.

G.

H.

Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTORs performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees. The CONTRACTOR will indemnify, hold harmless, and defend (at CITYs option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTORs performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.

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I. 1.

Guarantees and Warranties: IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY. 2. GUARANTEE: Besides guarantees required elsewhere, CONTRACTOR shall and hereby does guarantee the project work for a period of two (2) years after the date of acceptance by CITY. 3. WARRANTIES: Warranties required by the Invitation to Bid or this Agreement shall commence on the date of acceptance of the work by CITY. Standard Manufacturers Warranty shall apply to materials used. CONTRACTOR warrants that the materials and equipment furnished under the Agreement will be new and of recent manufacturer unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the Agreement. Work that does not conform may be considered defective. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the CONTRACTOR, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. CONTRACTOR warrants that title to all work covered by an application for payment will pass to the CITY either by incorporation in the construction or upon the receipt of payment by the CONTRACTOR, whichever occurs first, free and clear of all liens. CONTRACTOR warrants and guarantees that title to all work, materials, and equipment covered by any application for payment, whether incorporated in the project or not, will pass to CITY no later than the time of payment free and clear of all liens. No materials or supplies for the project shall be purchased by the CONTRACTOR or SUBCONTRACTOR subject to any mortgage or under a condition of sale contract or other agreement by which an interest is retained by the seller. CONTRACTOR warrants that it has good title to all materials and supplies used by it in the project, free from all liens. CONTRACTOR shall indemnify and hold CITY harmless from all claims growing out of the lawful demands of SUBCONTRACTORS, laborers, workers, mechanics, material persons, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, incurred in furtherance of the performance of this Agreement. CONTRACTOR shall, at CITYs request, furnish satisfactory evidence that all obligations of the nature here and above designated have been paid, discharged, or waived. If CONTRACTOR fails to do so, then CITY may, after having served written notice on the CONTRACTOR, either pay directly unpaid bills, of which the CITY has written notice, or withhold from the CONTRACTORs unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged where upon payment to the CONTRACTOR shall be resumed, in accordance of the terms of this Agreement, but in no event shall the provisions of this sentence be construed to impose any obligations on the CITY to either the CONTRACTOR or its surety. In paying any unpaid bills of the CONTRACTOR, the CITY shall be deemed the agent of the CONTRACTOR and any payment so made by the CITY shall be considered as payment made under the contract by the CITY to the CONTRACTOR and the CITY shall not be liable to the CONTRACTOR for any such payments made in good faith. Any defective work that is either corrected or replaced shall be warrantied and guaranteed for a period of one year from the date of such correction or replacement.

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J.

Attorneys Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorneys fees and court costs incurred in the action brought thereon. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder. Time is of the Essence: Time is of the essence in the performance of the construction anticipated by this Contract.

K.

L.

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Exhibit C Attachment 2 INSURANCE REQUIREMENTS

1.

CONTRACTOR Insurance. EQUIPMENT SUPPLIER (referred to herein as CONTRACTOR), at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTORs insurance coverage and shall not contribute to it. Subcontractor(s) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR in this Agreement. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability: a. Workers Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts; b. Automobile Liability Insurance for each of CONTRACTORs vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTORs employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for: (1) (2) (3) (4) (5) (6) bodily injury; personal injury; broad form property damage; contractual liability; cross-liability; products and completed operations liability

2.

3.

4.

Other Insurance Provisions. If any insurance coverage required in this Agreement is provided on a Claims Made rather than Occurrence form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter post agreement coverage) and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable. Endorsements. All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:

5.

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a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia. b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy. c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291

6.

Proof of Coverage. CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTORs insurance company as evidence of the stipulated coverages. This Proof of Coverage shall then be mailed to the City of Visalia at the following address: City of Visalia 707 W. Acequia Visalia, CA 93291 Attn: Purchasing Division

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