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Fine Bubble Diffuser Pre-contract Rfp 1 0
Fine Bubble Diffuser Pre-contract Rfp 1 0
BOARD OF
DIRECTORS
J. Bruins
L. Carr
REQUEST FOR PROPOSALS
S. Hansen
J. Harris VOLUME 1 OF 1
P. Hume
R. Jennings, II
P. Kennedy BIOLOGICAL NUTRIENT REMOVAL (BNR)
B. Kristoff FINE BUBBLE DIFFUSER AERATION SYSTEM
S. Ly PRE-CONTRACT WITH ASSIGNMENT TO
R. MacGlashan
A. Morin
INSTALLATION CONTRACTOR
D. Nottoli (PROCUREMENT AND CONTRACTING
S. Peters REQUIREMENTS, GENERAL REQUIREMENTS,
P. Serna TECHNICAL SPECIFICATIONS, AND
D. Skoglund
O. Villegas
DRAWINGS)
A. Warren
MARCH 2015
4208
CONTRACT NUMBER
SECTION 00 01 10
TABLE OF CONTENTS
00 21 13 INSTRUCTIONS TO PROPOSERS
00 41 00 PROPOSAL
00 45 19 NONCOLLUSION AFFIDAVIT
00 52 11 PROCUREMENT AGREEMENT
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DIVISION 01 – GENERAL REQUIREMENTS
01 33 00 SUBMITTAL PROCEDURES
01 78 43 SPARE PARTS
01 79 10 TRAINING
01 91 00 COMMISSIONING
01 91 10 REFERENCE FORMS
APPENDIX A DRAWINGS
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AB-1 BNR ZONES
AB-4 SECTIONS
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SECTION 00 11 13
REQUEST FOR PROPOSAL
Notice is hereby given that the Board of Directors of the Sacramento Regional County Sanitation
District of Sacramento County, California, hereafter referred to as “District” or “Owner” will
receive sealed Proposals from a Fine Bubble Diffused Aeration System Supplier, hereafter
referred to as “Proposer”, “Supplier”, “Vendor”, or “Seller”.
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2) Services to be provided include Shop
Performance Testing of the diffusers, diffusers
installation certification, and participation in Field
Performance Testing of the Fine Bubble Diffused
Aeration System.
Proposals shall consist of the Fine Bubble Diffused Aeration System Procurement Documents in
their entirety including completed proposal forms and the required supplementary information as
stated in INSTRUCTIONS TO PROPOSERS Section (00 21 13). Each proposal must also be
accompanied by security in the form of a proposal bond issued by a corporate surety, a certified
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check or cashier's check payable to the Treasurer of Sacramento County, or cash for an amount
not less than ten percent (10%) of the aggregate sum of the proposal.
The successful Proposer shall be required to execute Performance and Material and Labor
Payment Bonds, issued by a corporate surety, acceptable to the County of Sacramento, each for
not less than one hundred percent (100%) of the contract price.
Pursuant to Section 22300 et seq. of the Public Contract Code, Proposer may, at its own expense,
substitute securities for any money being withheld by Regional San to ensure performance under
this contract.
**END OF SECTION**
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SECTION 00 21 13
INSTRUCTIONS TO PROPOSERS
1.01 GENERAL
A. Terms used in these Instructions to Proposers shall have the meanings assigned to them
in the Procurement General Conditions and in the Procurement Supplementary
Conditions.
A. If, during the course of examination, a Proposer finds facts or conditions which appear
to conflict within the Procurement Documents, a written request shall be submitted to
the District for additional information and explanation.
A. Proposers may request information regarding the Procurement Documents prior to the
due date for receipt of Proposals. Requests shall be directed in writing via email to the
Contact designated in the REQUEST FOR PROPOSAL Section (00 11 13) at least
seven days prior to the due date. The Subject line must start with “BNR Fine Bubble
Diffused Aeration System Proposal”. Requests for information regarding the source of
materials, equipment, Sellers, or any other such matter which does not modify, change,
increase, or decrease the Goods and Special Services requires no action by the District
other than a response to the Proposer requesting the clarification. Requests to clarify
possible ambiguous, conflicting or incomplete statements or designs, or any other such
clarification which modifies, changes, increases or decreases the Goods and Special
Services, requires issuance of an addendum. All requests must reference applicable
specifications and drawings.
1.04 ADDENDA
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electronically to each plan holder and shall be incorporated into the Proposals. Any
other interpretation or explanation of such documents will not be considered binding.
A. PROPOSAL FORMS:
1. PROPOSAL FORM:
a. The Proposal Form shall be completed in its entirety and shall be properly
executed. The Proposal Form shall be signed in longhand by the Proposer if an
individual, by a member of a partnership, or by an officer of a corporation
authorized to execute contracts. If made by a corporation, the Proposal Form
shall indicate the state in which the corporation is chartered.
b. The Proposal shall be in a sealed envelope having the name of the project, and
the name and address of the Proposer.
c. Proposers are cautioned that failure to properly complete the entire Proposal
Form may be grounds for rejection of the Proposal.
2. SUPPLEMENTAL DOCUMENTATION:
a. 1. The Proposer shall submit, along with its Proposal calculations that were
utilized for calculation of the Life Cycle Cost Proposal as indicated in the
Proposal Form. Failure to submit these calculations shall be considered non-
responsive and justification for rejection of this proposal. 2. The Proposer shall
submit, along with its Proposal, a draft diffuser layout for one complete basin
using the drop leg locations shown on the drawings.
3. CONSIDERATION OF PROPOSALS:
a. Proposals will not be publicly opened. Notification of the low Proposer will be
made to all Proposers within ten (10) business days of the due date of the
Proposals.
b. After the Proposals have been opened, they will be checked for accuracy and
compliance with the requirements of the Procurement Documents.
d. Pricing shall include everything necessary for the delivery and fulfillment of the
Goods and Special Services stated within these Procurement Documents.
e. Pricing shall not include allowance for federal, state, and local taxes.
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f. The District reserves the right to reject any and all Proposals or to waive
irregularities.
4. IRREGULARITIES:
b. If the sum of the items in a Proposal Form does not equal the total amounts, the
individual item amounts shall govern and the correct total shall be deemed to be
the amount proposed.
5. PROPOSER'S DECLARATION:
a. The Proposer declares by the submission of the 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 Proposer has not directly or indirectly
induced or solicited any other Proposer to put in a false or sham Proposal, and
has not directly or indirectly colluded or agreed with any Proposer or anyone
else, to put in a sham Proposal or to refrain from Proposing; that the Proposer
has not directly or indirectly sought by agreement, communication, or
conference with anyone to fix the Proposal Form costs or the Proposal Form
costs of any other Proposer, or to fix any overhead, profit, or cost element of
such Proposal Form cost or that of any other Proposer, or to secure any
advantage against the District, anyone interested in the Proposal as principal, or
those named within the Proposal; that all statements contained in the Proposal
are true; that the Proposer has not directly or indirectly, submitted costs or any
breakdown thereof or the contents thereof, or divulged information or data
relative thereto, to any other person, partnership, corporation or association,
except to such person or persons as have a direct financial interest in the
Proposer's general business.
6. MODIFICATIONS:
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7. WITHDRAWAL:
a. A Proposal may be withdrawn at any time prior to the due date fixed for the
receipt of the Proposals by a written request filed with the Clerk of the Board.
The withdrawal of a Proposal will not prejudice the right of a Proposer to file a
new Proposal within the prescribed time.
8. PROPOSAL SECURITY:
A. ADDENDA:
1. Each Proposal Form shall include specific acknowledgment in the space provided
of receipt of all addenda issued by the District prior to receiving Proposals. Failure
to so acknowledge may result in the Proposal being rejected as non-responsive.
A. The District reserves the right to postpone the receipt of the Proposals. Postponement
notices shall be by addenda.
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B. IRREGULARITIES:
1. The District reserves the right to reject any and all Proposals and to waive any
irregularity in a Proposal.
C. DISQUALIFICATION OF PROPOSERS:
1. Only one Proposal from any individual, firm, corporation or association, under the
same or different names, will be considered. Any Proposer that has interest in
more than one Proposal for the Goods and Special Services will cause the rejection
of all Proposals in which that Proposer has an interest. If there is collusion among
the Proposers, none of the Proposals will be considered. A Proposal in which the
prices are unbalanced may be rejected.
D. RELIEF OF PROPOSERS:
A. The contract will be awarded to the apparent lowest 20 year Life Cycle Cost Proposer
who’s Proposal complies with the contract requirements. Notification of the low
Proposer will be made to all Proposers within five days of the due date of the
Proposals. The award is expected to be made by the Board within 30 days after the
opening of the Proposals.
B. Proposals shall remain open for 90 days after the opening of Proposals.
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Protests received after the five business day deadline will not be considered by the
District.
2. Protests shall include a detailed statement of the factual and/or legal grounds for the
protest and the remedies sought by the Proposer submitting the protest. Proposal
protests must include copies of all documents forming the basis of the protest and
must be signed by the person submitting the protest.
3. Upon timely receipt of a protest, the District Engineer, or his designee, will issue a
written response within seven business days after receipt of a protest.
4. If the protestor disagrees with the District Engineer’s decision, the protesting party
may seek relief from the District Board of Directors at the public hearing for award
of the contract. Once the District Board has awarded the contract, the protesting
party may appeal the District Board’s award to the Superior Court.
5. Litigation regarding protests on Proposal documents and other Proposal and award
procedures shall commence only after this procedure has been completed.
A. GENERAL:
2. If a Proposer fails to enter into the Contract within 10 days from the time the
contract forms are received, the District may then award the Contract to the next
lowest.
B. CONTRACT BONDS:
1. The Seller shall furnish corporate surety bonds to the benefit of the District on the
forms provided in the PERFORMANCE BOND FORM Section (00 61 13.13) and
a PAYMENT BOND FORM Section (00 61 13.16) from an acceptable surety
company listed in the current Federal Department of the Treasury Circular 570 and
authorized to do business in the State of California. Bonds shall be submitted with
the Proposal.
1) In a sum not less than 100 percent of the Total Contract Amount as set forth
in the agreement. The bond shall guarantee the faithful performance of all
promises, covenants, stipulations, warranties and guarantees of the
Contract. The bond shall contain a provision that the surety waives the
provisions of Sections 2819 and 2845 of the Civil Code of the State of
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California. Faithful Performance Bond shall be on forms provided by the
District.
b. PAYMENT BOND:
1) In a sum not less than 100 percent of the Total Contract Amount as set forth
in the agreement. The bond shall guarantee the payment for any materials,
provisions or other supplies used in, upon, for, or about the performance of
the Work, or for any work or labor done thereon of any kind. The bond is
to be issued pursuant to California Civil Code Sections 9550 through 9566
and shall insure to the benefit of any and all persons, companies, and
corporations named in Section 9554 of said Civil Code, so as to give a right
of action to them or their assigns in any suit brought upon this bond and
shall, by its terms, inure to the benefit of all persons, companies, or
corporations entitled to file claims under Section 9550 of the Civil Code of
the State of California, and Section 13020 of the Unemployment Insurance
Code of the State of California. Said bond shall also contain a provision
that the surety thereon waives the provisions of Sections 2819 and 2845 of
the Civil Code of the State of California.
1) The surety companies shall familiarize themselves with all the provisions
and conditions of the Contract. It is understood and agreed that they waive
the right of special notification of any modifications or alterations,
omissions or reductions, extra or additional work, extensions of time, or any
other act or acts by the District or its authorized agents under the terms of
the contract; and failure to so notify the surety companies of such changes
shall in no way relieve the surety or sureties of their obligations under this
contract.
1. The District will enter into contract with an Installation Contractor for the
EchoWater Biological Nutrient Removal Project in the first quarter of Year 2016.
At that time, the District will assign the Fine Bubble Diffused Aeration System
Procurement Contract to the Installation Contractor. Although the District is
entering into a procurement agreement with the Seller, Seller is directed to the
PROCUREMENT AGREEMENT Section (00 52 11), Article 8. No progress
payments will be made to Seller until after the Installation Contractor has been
assigned the Contract.
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Agreement once the contract for the EchoWater Biological Nutrient Removal
Project has been executed.
3. In the application of terms and conditions of these Contract Documents after the
Contract has been assigned to the Installation Contractor, the Seller shall function
as a Supplier to the Installation Contractor, and all obligations of the Seller to
Owner shall, after assignment, become obligations of the Bidder to the Installation
Contractor.
4. Without limiting the foregoing, the following obligations of the Seller to District,
as set forth in the Agreement shall survive and remain in full force and effect
following the assignment.
5. Risk of loss as it relates to the equipment and materials provided hereunder shall be
borne by Proposer/Seller until delivery to the project site and acceptance by the
Installation Contractor, and thereafter shall be borne by the Installation Contractor
until final acceptance by District. District agrees to inspect all shipments upon
receipt and to immediately report any claims, damages, or shortages, and to provide
friendly assistance in the filing of any claims
**END OF SECTION**
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SECTION 00 41 00
PROPOSAL
Street Address
Members in Session:
Pursuant to your Request for Proposals for the Biological Nutrient Removal Fine Bubble Diffused
Aeration System, in accordance with the plans and specifications thereto, and now on file with your
Honorable Board, _________________________________ (name of firm) hereby offers and agrees
to do all work and furnish all materials required for the Biological Nutrient Removal Fine Bubble
Diffused Aeration System in full accord with the terms of said plans and specifications for the prices
and on the terms and conditions herein contained.
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It is agreed that the following forms shall be included with the Proposal:
PROPOSAL FORM (SECTION 00 41 00)
PROPOSAL SECURITY FORM (SECTION 00 43 13)
PROPOSER’S STATEMENT OF QUALIFICATIONS (SECTION 00 45 13)
NONCOLLUSION AFFIDAVIT (SECTION 00 45 19)
IRAN CONTRACTING ACT DISCLOSURE FORM (SECTION 00 45 41)
It is acknowledged that addenda numbers _____ through _____ have been received and examined
as a part of these contract documents.
The Engineer will have the right to reject any proposal that is judged to be noncompliant with the
Proposal Form and/or the performance requirements and/or the experience qualifications.
Compliant proposals will be evaluated based on the Seller’s calculated life cycle cost (LCC) based
on the information submitted in their Proposal Form and the methodology defined herein. Selection
will be based on the lowest LCC as calculated by the Seller and reviewed by the Engineer. L
Fine bubble diffuser manufacturers that meet defined experience qualifications as defined in
Section 00 45 13 are invited to submit proposals for the diffused aeration system.
The fine bubble diffused aeration system will be selected from qualified Seller’s based on the lowest
20 year life cycle cost.
The Seller’s life cycle cost proposal shall include the following components:
1. Capital cost of fine bubble diffused aeration equipment (8 BNR Basins and 2 WASCS
Basins), shall include the appropriate lateral piping and diffuser pods/stub outs for the
2048 design, and the perforated membrane diffusers required for the 2035 condition, and
blanks or plugs for the initial inactive diffuser pods. Capital cost shall be FOB Job Site.
2. Installation cost for the fine bubble diffused aeration equipment (8 BNR Basins and 2
WASCS Basins) based on the unit diffuser installation costs provided in the technical
specification and used by the Seller to calculate the overall installation cost for its
equipment.
5. Energy cost for 20 year project life, as calculated by the Seller using the information in
the Proposal Form and the method described herein. Energy cost is for the 8 BNR Basins
only (energy for the WASCS is excluded.
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6. Cost of membrane replacement (capital cost only for membrane diffuser and any required
anchorage appurtenances) for 20 year project life based on the Seller’s guaranteed
membrane life for 8 BNR Basins and 2 WASCS Basins.
As shown on the drawings each of the eight aeration basins include 7 fine bubble diffused aeration
zones. Fine bubble diffused aeration is also used for the WAS Classifying Selector basins.
Performance Criteria tables are provided in Section 46 51 31 for tube diffusers and 46 51 33 for disc
diffusers for each of the seven BNR Basin aeration zones and the WAS Classifying Selector basins
(8 tables total). The Performance Criteria tables present required SOTRs and other design criteria
that cover the design requirements throughout the project life for each aeration zone.
The Seller will be subject to the aeration energy and pressure loss penalties listed in Flexible
Membrane Tube Diffusers (46 51 31) and Flexible Membrane Disc Diffusers (46 51 33).
Seller shall fill out all proposal forms by providing information in all blue shaded cells.
In the Design Proposal Forms (Tables 3.1-1 through 3.1-8 herein to be filled in by the Seller), the
Seller will define 1) the type of diffuser; 2) the required number of diffusers for each zone in
2048; 3) how many of the diffusers are required for 2020 (startup) through 2035; 4) the 2020,
2035 and 2048 required air flow per basin for each design condition; and 5) the 2035 pressure
drop for maximum day and annual average design conditions.
The Basis for LCC Proposal Form (Table 3.2-1) will be filled in by the Seller to further define
and summarize the operating requirements and its guarantees for the aeration system. The
information provided in the Basis for LCC Proposal Form (Table 3.2-1) shall be completed using
the Basis for LCC Proposal Form instructions provided by row number following Table 3.2-1.
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Table 3.1-1: Design Proposal Form for Fine Bubble Diffuser Zone OX1a
Type of Diffuser -
Number of 2020 – 2035 (Phase 1) -
Diffusers per
2035 – 2048 (Phase 2) -
basin
2020 (Phase 1) scfm
Airflow /
2035 (Phase 1) scfm
basin
2048 (Phase 2) scfm
2035 (Phase 1) psi
Pressure drop
2048 (Phase 2) psi
Table 3.1-2: Design Proposal Form for Fine Bubble Diffuser Zone OX1b
Type of Diffuser -
Number of 2020 – 2035 (Phase 1) -
Diffusers per
2035 – 2048 (Phase 2) -
basin
2020 (Phase 1) scfm
Airflow /
2035 (Phase 1) scfm
basin
2048 (Phase 2) scfm
2035 (Phase 1) psi
Pressure drop
2048 (Phase 2) psi
Table 3.1-3: Design Proposal Form for Fine Bubble Diffuser Zone OX2a
Type of Diffuser -
Number of 2020 – 2035 (Phase 1) -
Diffusers per
2035 – 2048 (Phase 2) -
basin
2020 (Phase 1) scfm
Airflow /
2035 (Phase 1) scfm
basin
2048 (Phase 2) scfm
2035 (Phase 1) psi
Pressure drop
2048 (Phase 2) psi
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Table 3.1-4: Design Proposal Form for Fine Bubble Diffuser Zone OX2b
Type of Diffuser -
Number of 2020 – 2035 (Phase 1) -
Diffusers per
2035 – 2048 (Phase 2) -
basin
2020 (Phase 1) scfm
Airflow /
2035 (Phase 1) scfm
basin
2048 (Phase 2) scfm
2035 (Phase 1) psi
Pressure drop
2048 (Phase 2) psi
Table 3.1-5: Design Proposal Form for Fine Bubble Diffuser Zone OX3a
Type of Diffuser -
Number of 2020 – 2035 (Phase 1) -
Diffusers per
2035 – 2048 (Phase 2) -
basin
2020 (Phase 1) scfm
Airflow /
2035 (Phase 1) scfm
basin
2048 (Phase 2) scfm
2035 (Phase 1) psi
Pressure drop
2048 (Phase 2) psi
Table 3.1-6: Design Proposal Form for Fine Bubble Diffuser Zone OX3b
Type of Diffuser -
Number of 2020 – 2035 (Phase 1) -
Diffusers per
2035 – 2048 (Phase 2) -
basin
2020 (Phase 1) scfm
Airflow /
2035 (Phase 1) scfm
basin
2048 (Phase 2) scfm
2035 (Phase 1) psi
Pressure drop
2048 (Phase 2) psi
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Table 3.1-7: Design Proposal Form for Fine Bubble Diffuser Zone OX4a
Type of Diffuser -
Number of 2020 – 2035 (Phase 1) -
Diffusers per
2035 – 2048 (Phase 2) -
basin
2020 (Phase 1) scfm
Airflow /
2035 (Phase 1) scfm
basin
2048 (Phase 2) scfm
2035 (Phase 1) psi
Pressure drop
2048 (Phase 2) psi
Table 3.1-8: Design Proposal Form for WAS Classifying Selector Fine Bubble Diffuser Zone 1
Type of Diffuser -
2020 – 2035 (Phase 1) -
Number of
Diffusers 2035 – 2048 (Phase 2) -
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Table 3.2-1: Basis for LCC Proposal Form
Zone Units 1a 1b 2a 2b 3a 3b 4a WCS Total
1 Number of Diffusers -
Annual Average
2 Pressure at top of psi
Drop Leg
2020 Annual Average
3a scfm
Airflow
2020 Yearly Energy
4a kWh
Requirement
2035 Annual Average
3b scfm
Airflow
2035 Yearly Energy
4b kWh
Requirement
2048 Annual Average
3c scfm
Airflow
2048 Yearly Energy
4c kWh
Requirement
Diffuser Guaranteed
5 years
Service Life
Guaranteed Future
6 Membrane Diffuser $/diffuser
Cost (1)
(1)
Unit diffuser cost (capital cost only) for replacement for either worn diffusers or blanks.
Row 2. The Annual Average Pressure at top of Drop Leg is defined as the average of
pressures across Zones 1a - 4a at 2035 annual average air flow for all 8 BNR
Basins.
Rows 3a, 3b and 3c. The Annual Average Airflows shall be taken from the Design
Proposal Forms for each zone and each year. For Zones 1a-4a (Tables
3.1-1 – 3.1-7) the total annual average airflow should be multiplied
by 8 basins.
Rows 4a, 4b and 4c. The yearly energy requirement for 2020, 2035 and 2048 will be
calculated by multiplying the corresponding total airflows from Rows
3a, 3b and 3c by the appropriate Yearly Energy Requirement Factor
found in Table 3.2-2.
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The pressure at top of drop leg can be rounded to 2 decimals and the values in the table can be
used to interpolate a more accurate Yearly Energy Requirement Factor. The Yearly Energy
Requirement Factor must then be rounded to 1 decimal point before being used in any
calculations.
The Yearly Energy Requirement Factor values are calculated as a function of average
blower efficiency, the average temperature, and the average blower inlet and outlet
pressures as per the following formulas.
, , ∙ 0.746 ∙ 8760
⁄
⁄ ∙
0.00125 ∙ 53.3 ∙ 520 ° .
∙°
, 1
∙ ⁄ 14.3
550 ∙ 0.283 ∙ 80%
0.5 14.7
PTop of Drop Leg includes the pressure due to 25.1’ of submergence, the initial pressure loss
across the membrane, and the pressure loss across the submerged air piping. It should not
include any allowances for increases in pressure due to membrane fouling or aging.
Row 5. Diffuser Guaranteed Service Life is the length of time in years that the Seller
guarantees the diffusers can be in operation while meeting the specified
performance requirements without periodic maintenance by the facility operation
staff.
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Row 6. Guaranteed Future Membrane Diffuser Cost is the unit cost that the Seller
guarantees for future membrane diffusers. The Guaranteed Future Membrane
Diffuse Cost would apply to either the cost for diffuser replacement LCC
calculation or future purchase cost to replace initially installed blanks.
The LCC Proposal provided in Table 3.3-2 includes the following components:
3.3.1 Fine Bubble Diffused Aeration System Equipment and Delivery Cost. Seller shall enter
the capital cost for supply and delivery of the aeration system equipment (FOB Job Site) in row 1 in
Table 3.3-2.
3.3.2 Commissioning Activities. Seller shall enter the capital cost for services relating to
Commissioning Activities except training in row 2 in Table 3.3-2.
3.3.3 Training. Seller shall enter the capital cost for services related to training in row 3 in Table
3.3-2.
3.3.4 Capital Cost Subtotal. Seller shall add rows 1 through 3 in Table 3.3-2 and enter the
subtotal for capital cost in row 4.
3.3.5 Fine Bubble Diffused Aeration System Installation Cost. Seller shall calculate the aeration
system installation cost based on the proposed total number of diffusers from Table 3.2-1 (row 1)
and the unit installation cost for the approximate type of diffuser specified in Section 46 51 31 for
tube diffusers and 46 51 33 for disc diffusers, using the following formula:
Installation Cost $ = No. of Diffusers (from Table 3.2-1 – row 1) * Unit Installation Cost,
$/diffuser
Seller shall enter the Aeration System Installation cost in row 5 in Table 3.3-2.
3.3.6 Aeration Energy LCC. The aeration energy LCC will be calculated by the Seller using
Table 3.3-1 (Seller shall complete all highlighted table cells). The total aeration Energy LCC
Present Worth shall be entered in row 6 in Table 3.3-2.
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Table 3.3-1: Aeration Energy 20 Year Life Cycle Cost Determination
Yearly
Yearly Discount Aeration Energy
Energy Price Energy
Year Energy Usage Multiplier Present Worth LCC
($/kWh) Expense
(kWh) (-) ($)
($)
1 (2020) 0.09 1.000
2 0.09 0.952
3 0.10 0.907
4 0.10 0.864
5 0.10 0.823
6 0.11 0.784
7 0.11 0.746
8 0.11 0.711
9 0.12 0.677
10 0.12 0.645
11 0.13 0.614
12 0.13 0.585
13 0.14 0.557
14 0.14 0.530
15 0.15 0.505
16 (2035) 0.15 0.481
17 0.16 0.458
18 0.16 0.436
19 0.17 0.416
20 0.17 0.396
Total
Yearly Aeration Energy Requirements from Table 3.2-1 (rows 4a, 4b and 4c) shall be used to
complete Table 3.3-1.
Energy requirements for each intermediate year will be interpolated for the first 20 years using the
Yearly Aeration Energy Requirements for years 2020, 2035, and 2048 from Table 3.2-1 (rows 4a,
4b and 4c). Present worth of aeration energy shall be determined (using the formulas below) as the
sum of the yearly aeration energy requirement times the energy cost for each year and assuming a
discount rate of 5%. Yearly energy cost is initially 0.09 $/kWh with an inflation rate of 3.5%.
$
∙ ∙
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Where;
$ $
0.09 ∙ 1.035 & 1.05
3.3.7 Diffuser Replacement LCC. Diffuser Replacement LCC will be the simple present worth
for 20 years determined by the guaranteed diffuser replacement cost (capital cost only) and the
guaranteed diffuser life using the following formula.
20
$ ∙ ∙ 1
3.2 1 6 3.2 1 1 .
Seller shall enter the Diffuser Replacement LCC Present Worth in row 7 in Table 3.3-2.
3.3.8 Total LCC. The total LCC will be determined by adding the entries in rows 4 through 7
Table 3.3-2 and entering the resulting Total LCC Proposal in row 8. Selection will be based on the
lowest Total LCC Proposal from qualified Sellers.
The undersigned agrees to execute a Procurement Agreement with the District with the understanding
that the Procurement Agreement will be assigned to a General Contractor to be selected at a later date.
The expected date of assignment of this Procurement Agreement to the General Contractor in the first
quarter of 2016. (The Procurement Agreement will be in the amount given in this Proposal Form for
the Aeration System Equipment and Delivery, Commissioning Activities and Training (Capital Cost
subtotal, line 4 in Table 3.3-2). The undersigned acknowledges that the Biological Nutrient Removal
Diffused Aeration System Procurement Documents will be included within the Proposal Documents
for the construction contract for the Sacramento Regional Sanitation District’s Biological Nutrient
Removal Project and subsequently within the contract between the General Contractor for that project
and the District. The undersigned acknowledges that the Aeration System Equipment and Delivery,
Commissioning Activities and Training (Capital Cost subtotal, line 4 in Table 3.3-2) of this form will
be utilized as a set cost of the Diffused Aeration System and will be entered into the Proposal Form of
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the Proposal Documents for the construction contract of the Biological Nutrient Removal Project and
shall be guaranteed through December 31, 2017 (expected delivery date of diffusers). If delivery date
is delayed for reasons other than those caused by the General Contractor or Diffused Aeration System
Supplier, the price shall be adjusted in accordance with the U.S. Bureau of Labor Statistics Product
Price Index (PPI) for Industrial and commercial fans and blowers (PPI Series ID:
PCU3334133334132).
It is agreed that the milestone dates and liquidated damages as stipulated in the PROCUREMENT
AGREEMENT Section (00 52 11) are fair and justifiable and therefore acceptable to the undersigned.
It is agreed that the Diffused Aeration System Capital Cost in line 4 in Table 3.3-2, shall remain valid
until December 31, 2017 and will not be withdrawn by the undersigned except as provided for in the
INSTRUCTIONS TO PROPOSERS Section (00 21 13).
____________________________
Signature of Diffused Aeration System Supplier
_____________________________
Name (Printed or Typed)
_____________________________
Title
**END OF SECTION**
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SECTION 00 43 13
WHEREAS, the Principal is herewith submitting its offer for the fulfillment of Obligee's contract
for furnishing the Fine Bubble Diffused Aeration System Pre-Contract with assignment to
contractor, Contract No. 4208.
NOW, THEREFORE, the condition of this obligation is such that if the Principal is awarded the
contract, and if the Principal, within the time specified in the bid for such contract, enters into,
executes, and delivers to the Obligee an agreement in the form provided herein complete with
evidences of insurance, and if the Principal within the time specified in the bid gives to the Obligee
the performance and payment bonds on the form provided herein, then this obligation shall be
void; otherwise, the Principal and Surety will pay unto the Obligee the difference in money
between the total amount of the bid of the Principal and the amount for which the Obligee legally
contracts with another party to fulfill the contract if the latter amount be in excess of the former,
but in no event shall the Surety's liability exceed the penal sum hereof.
AND IT IS HEREBY DECLARED AND AGREED that the Surety shall be liable under this
obligation as Principal, and that nothing of any kind or nature whatsoever that will not discharge
the Principal shall operate as a discharge or a release of liability of the Surety.
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IT IS HEREBY FURTHER DECLARED AND AGREED that this obligation shall be binding
upon and inure to the benefit of the Principal, the Surety, and the Obligee and their respective
heirs, executors, administrators, successors and assigns.
(SEAL)
Principal
Title of Signatory
(SEAL)
Surety
Title of Signatory
**END OF SECTION**
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SECTION 00 45 13
1.01 GENERAL
An answer of “no” to any of the following questions will disqualify the Proposer:
1. Has the Proposer supplied EPDM or PTFE coated EPDM membrane disc diffusers or silicone
tube diffusers to treat flows of 50 mgd or greater (in terms of average design flow) at a municipal
wastewater treatment plant in North America?
Yes No
Project Name__________________________________
Owner _______________________________________
Owner’s Contact Information (Name/Title/Phone No/Email) _____________________________
______________________________________________________________________________
Date of Installation_____________________________
Total Number of Diffusers_________________________
Rated Plant Capacity (AADF)___________________________________
Project Name__________________________________
Owner _______________________________________
Owner’s Contact Information (Name/Title/Phone No/Email) _____________________________
______________________________________________________________________________
Date of Installation_____________________________
Total Number of Diffusers_________________________
Rated Plant Capacity (AADF)___________________________________
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Project Name__________________________________
Owner _______________________________________
Owner’s Contact Information (Name/Title/Phone No/Email) _____________________________
______________________________________________________________________________
Date of Installation_____________________________
Total Number of Diffusers_________________________
Rated Plant Capacity (AADF)___________________________________
2. Can the Proposer list a wastewater plant where their EPDM or PTFE coated EPDM membrane
disc diffusers or silicone tube diffusers have been in service for 10 years or greater?
Yes No
Project Name__________________________________
Owner _______________________________________
Owner’s Contact Information (Name/Title/Phone No/Email) _____________________________
______________________________________________________________________________
Date of Installation_____________________________
Total Number of Diffusers_________________________
Rated Plant Capacity (AADF)___________________________________
Project Name__________________________________
Owner _______________________________________
Owner’s Contact Information (Name/Title/Phone No/Email) _____________________________
______________________________________________________________________________
Date of Installation_____________________________
Total Number of Diffusers_________________________
Rated Plant Capacity (AADF)___________________________________
Project Name__________________________________
Owner _______________________________________
Owner’s Contact Information (Name/Title/Phone No/Email) _____________________________
______________________________________________________________________________
Date of Installation_____________________________
Total Number of Diffusers_________________________
Rated Plant Capacity (AADF)___________________________________
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SECTION 00 45 19
NONCOLLUSION AFFIDAVIT
The Proposal is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation. The Proposal is genuine and not
collusive or sham. The Proposer has not directly or indirectly induced or solicited any other
Proposer to put in a false or sham bid. The Proposer has not directly or indirectly colluded,
conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or to
refrain from proposing. The Proposer has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the Proposal price of the Proposer
or any other Proposer, or to fix any overhead, profit, or cost element of the Proposal price, or of
that of any other Proposer. All statements contained in the Proposal are true. The Proposer 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, to any corporation, partnership,
company, association, organization, Proposal depository, or to any member or agent thereof, to
effectuate a collusive or sham Proposal, and has not paid, and will not pay, any person or entity
for such purpose.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on ____ (date),
at____________(city), ________(state).
If Proposer or other interested person is a corporation, state legal name of corporation, also
names of the president, secretary, treasurer, and manager thereof; if a partnership, state the name
of firm, also names of all individual partners composing the firm. If the Proposer or other
interested person is a joint venturer, state the name of the joint venture, the names of the
individual joint venture firms, and the names of the president, secretary, treasurer and manager
of each individual joint venture firm. If Proposer is an individual, state first and last names in
full.
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NOTE: State on the line below whether your concern is a corporation, joint venturer, a
copartnership, private individual, or individuals doing business under a firm name.
Concern:
If the Proposer is a corporation, the Proposal must be executed in the name of the
corporation and must be signed by a duly authorized officer of the corporation. If the Proposer is
a corporation, please complete the following:
This corporation is organized and existing under and by virtue of the laws of the State
of________________________.
Corporate seal is required if Proposer is a corporation. Also, a certified copy of the bylaws
or resolution of the Board of Directors of the corporation shall be furnished showing the
authority of the officer signing the Proposal to execute contracts on behalf of the corporation.
If the Proposer is a partnership, the Proposal must be executed in the name of the
partnership and one of the partners' signatures must be subscribed thereto as the authorized
representative of the partnership.
If the Proposer is a joint venturer, the Proposal must be executed in the name of the joint
venturer by a representative of one of the joint venture firms. Additionally, a copy of the
resolution or agreement empowering the representative to execute the Proposal and bind the joint
venturer shall be furnished.
____________________________
Signature of Proposer
_____________________________
Name (Printed or Typed)
_____________________________
Title
**END OF SECTION**
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SECTION 00 45 41
PART 1 -- GENERAL
A. Pursuant to the Iran Contract Act of 2010 (California Public Contract Code, Sections
2202-2208), Proposers are ineligible to propose on projects with a public entity for
goods or services of one million dollars ($1,000,000) or more if the Proposer engages
in investment activities in Iran.
B. Proposers must provide the attached disclosure form as a mandatory submittal for all
projects in excess of $1,000,000. The Iran Contracting Act Disclosure Form shall be
submitted with the Proposal Documents at the time the Proposal is submitted.
**END OF SECTION**
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IRAN CONTRACTING ACT DISCLOSURE FORM
(California Public Contract, Sections 2202-2208)
When responding to a bid or proposal or executing a contract or renewal for a Sacramento Regional County Sanitation
District contract for goods or services of $1,000,000 or more, a vendor must either: a) certify it is not on the current list of
persons engaged in investment activities in Iran created by the California Department of General Services (“DGS”) pursuant
to Public Contract Code section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or
more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or services in
the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by
DGS; or b) demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to
Public Contract Code Section 2203(c) or (d).
To comply with this requirement, please provide your vendor or financial institution name and complete one of the options
below. Please note: California law establishes penalties for providing false certifications, including civil penalties equal to
the greater of $250,000 or twice the amount of the contract for which the false certification was made; contract termination;
and three-year ineligibility to bid on contracts. (Public Contract Code section 2205.)
OPTION #1 – CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the vendor/financial
institution identified below, and the vendor/financial institution identified below is not on the current list of persons engaged
in investment activities in Iran created by DGS and is not a financial institution extending twenty million ($20,000,000) or
more in credit to another person/vendor, for 45 days or more, if that other person/vendor will use the credit to provide goods
or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran
created by DGS.
By (Authorized Signature)
OPTION #2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution
engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or
enters into or renews, a contract for goods and services.
If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the
information below, and attach documentation demonstrating the exemption approval.
By (Authorized Signature)
Rev. 7/5/13
SECTION 00 52 11
PROCUREMENT AGREEMENT
Terms used in this Agreement will have the meanings indicated in the Procurement
General Conditions and Procurement Supplementary Conditions.
Buyer and Seller, in consideration of the mutual covenants herein set forth, agree as
follows:
1.01. Seller shall provide all Goods and Special Services as specified or indicated in the
Contract Documents based on the acceptance by Buyer of Seller's Proposal.
2.01. Biological Nutrient Removal Fine Bubble Diffused Aeration System as defined by
these Contract Documents.
ARTICLE 3 – ENGINEER.
3.01. The Contract Documents for the Goods and Special Services have been prepared
by Black & Veatch Corporation, 2900 Oak Road, Suite 490, Walnut Creek, CA, 94597
who is referred to in the Contract Documents as Engineer.
4.01. The Owner is the Sacramento Regional County Sanitation District. The District
has created the Program Management Office (PMO) to plan, organize, and manage the
EchoWater Project. The Biological Nutrient Removal (BNR) Project where this
equipment will be used, is one of several projects in the EchoWater project. The place
where the Goods are to be delivered is defined in the Procurement General Conditions as
the Point of Destination and is designated as:
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ARTICLE 5 - CONTRACT TIMES.
A. All time limits for Milestones and completion and readiness for final payment
as stated in the Contract Documents are of the essence of the Contract.
A. Buyer and Seller recognize that time is of the essence of this Agreement and
that Buyer will suffer financial loss if the Goods are not delivered at the Point of
Destination and ready for receipt of delivery by Buyer within the times specified in
Paragraph 5.02 above, plus any extensions thereof allowed in accordance with Article 7
of the Procurement General Conditions (00 72 00). The parties also recognize that the
timely performance of services by others involved in the Project is materially dependent
upon Seller’s specific compliance with the requirements of Paragraph 5.02, Item No. 3.
Further, they recognize the delays, expense and difficulties involved in proving the actual
loss suffered by Buyer if complete acceptable Goods are not delivered on time.
Accordingly, instead of requiring such proof, Buyer and Seller agree that as liquidated
damages for delay (but not as a penalty) Seller shall pay Buyer the amounts stipulated in
the following table:
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Item No. Item Milestone Date Damages (per Day)
1 Initial Shop Drawing Submittal March 31, 2016 No Damages
(Projected Completion
of Engineer Review
May 2, 2016)
2 Second Shop Drawing Submittal 30 Days after receipt of No Damages
Engineer’s comments on
Initial Shop Drawing
Submittal
3 Acceptance Shop Drawing Submittal June 21, 2016 $1,000
4 Diffuser Shop Performance Testing May 30, 2017 $750
Acceptance
6 Draft Final O&M Manual August 30, 2017 $400
Acceptance
7 Delivery of Diffusers, Piping, September 30, 2017 $4,450
Accessories and Appurtenances
8 Diffuser Installation Certifications December 30, 2017 $1,500
and Pre-Operational Tests Complete
9 Successful Completion of Diffused October 30, 2019 $2,250
Aeration System Field Performance
Testing and Commissioning; and
Delivery of Record O&M Manual
B. Buyer shall have the right to deduct the liquidated damages from any money
in its hands, otherwise due, or to become due, to Seller, or to initiate applicable dispute
resolution procedures and to recover liquidated damages for nonperformance of this
Contract within the time stipulated.
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B. Buyer shall pay Seller in current funds, for furnishing Goods and Special
Services designated in Article 1 in accordance with the Contract Documents, a Lump
Sum amount of:
(words)
($ ) as indicated in Seller's Proposal.
(figures)
ARTICLE 7 – WARRANTY.
A. The Seller agrees to warrant the fine bubble diffused aeration system and
provide new membrane diffusers and other components due to defects or inadequate
performance during the _____ year membrane performance warranty period proposed.
Membrane or other component replacement during the first 1 year of the warranty period
shall be provided at no additional cost to the Owner. Membrane or other component
replacement during the remaining years of the membrane warranty period will be
provided at a prorated cost based on the guaranteed membrane diffuser replacement cost
provided by the Seller. The guaranteed membrane diffuser replacement cost will be
prorated by the ratio of the effective service life of the membranes beyond the first year
of operation divided by the total number of years of warranty proposed by the Seller.
For purchase after the warranty period the replacement membrane base price will be
subject to an increase using the nationwide Producer Price Index (PPI) for Machinery and
equipment (WPU 11660415), as published by the Bureau of Labor Statistics. The base-
line for calculation of upward adjustments to the PPI shall be the PPI index published as
of the date of project Final Acceptance. The PPI adjustment will be the latest PPI index
published as of the date when a membrane purchase order is made by the District,
compared with the base-line PPI value.
B. The warranty for replacement membranes shall be one year full replacement
from the date of installation.
Diffused aeration membranes shall be replaced under warranty should either of the
following performance issues be identified within the Seller’s proposed warranty period:
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A. If the OTE drops below the guaranteed OTE by 5% at any point during the
warranty period the diffused aeration membranes warranty shall be triggered. Aged OTE
shall be determined through warranty testing as described in Section 3-7.01 of 46 51 31
and 46 51 33.
B. If the pressure at the top of the drop leg exceeds the maximum allowed top of
drop leg pressure at any point during the warranty period the diffused aeration warranty
will be triggered. The maxiumu allowed aged top of drop leg pressure is the sum of the
maximum initial top of drop leg pressure (specified in the applicable Section 46 51 31 or
46 51 33) plus an allowance for an increase in drop leg pressure (specified in Paragraph
3-7.02 in the applicable Section 46 51 31 or 46 51 33).
A. Buyer shall make progress payments toward the Contract Price on the basis of
Seller’s Applications for Payment as follows:
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Item No. Item Milestone Date Payment*
1 Initial Shop Drawing Submittal March 31, 2016 5%
(Projected Completion
of Engineer Review
May 2, 2016)
2 Progress Payments During June 21, 2016 60% max
Fabrication
3 Diffuser Shop Performance Testing May 30, 2017 5%
Acceptance
4 Draft O&M Manual Submittal May 30, 2017 2%
5 Draft Final O&M Manual August 30, 2017 2%
Acceptance
6 Delivery of Diffusers, Piping, September 30, 2017 10%
Accessories and Appurtenances
7 Final O&M Manual Prior to Field 1%
Acceptance,
October 30, 2019
8 Diffuser Installation Certifications December 30, 2017 5%
and Pre-Operational Tests Complete
9 Successful Completion of Diffused October 30, 2019 10%
Aeration System Field Performance
Testing and Commissioning; and
Delivery of Record O&M Manual
*Percent given applies to remaining amount after $25,000 payment for Initial Technical Submittal
No progress payments will be made to Seller until after the Installation Seller has been
assigned the Contract.
A. Upon receipt of the final Application for Payment (progress payment No. 9
above) accompanied by District’s Construction Manager’srecommendation of payment in
accordance with Paragraph 10.06 of the Procurement General Conditions, Buyer shall
pay the remainder of the Contract Price as recommended by the District’s Construction
Manager.
9.01. In order to induce Buyer to enter into this Agreement, Seller makes the following
representations:
A. Seller has examined and carefully studied the Contract Documents and the
other related data identified in the Proposal Documents.
B. If specified, or if, in Seller’s judgment, any local condition may affect cost,
progress or the furnishing of the Goods and Special Services, Seller has visited the Point
of Destination and become familiar with and is satisfied as to the local conditions that
may affect cost, progress or the furnishing of the Goods and Special Services.
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C. Seller is familiar with and is satisfied as to all Federal, state, and local Laws
and Regulations that may affect cost, progress, and the furnishing of the Goods and
Special Services.
D. Seller has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies in the Contract Documents that Seller has discovered or has actual
knowledge of, and the written resolution thereof by Engineer is acceptable to Seller.
G. Seller understands that the Goods and Special Services provided under this
agreement will become part of the work of the Biological Nutrient Removal Project and
the cost listed in Article 6.01 shall be guaranteed through December 31, 2017 (expected
delivery date of diffusers). If delivery date is delayed for reasons other than those caused
by the General Seller or Fine Bubble Diffused Aeration System Supplier, the price shall
be adjusted in accordance with the U.S. Bureau of Labor Statistics Product Price Index
(PPI) for Industrial and commercial fans and blowers (PPI Series ID:
PCU3334133334132) see 6.01A Item 1. No adjustment will be made for Commissioning
and Training services (Items 2 and 3).
10.01. Contents.
A. The Contract Documents which comprise the entire agreement between Buyer
and Seller concerning the furnishing of Goods and Special Services consist of the
following:
1. This Agreement.
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6. Addenda through .
b. Seller’s Proposal.
C. There are no Contract Documents other than those listed in this Article.
11.01. Assignment.
A. Buyer has the right to assign the Contract for furnishing Goods and Special
Services hereunder and Seller shall accept such assignment. The form documenting the
assignment of the Contract is attached as Exhibit A-1 to this Agreement.
1. The Contract will be executed in the name of Buyer initially, and will be
assigned to an Installation Contractor designated by Buyer. The assignment
will occur on the effective date of the agreement between Buyer and the
Installation , which is expected to occur on or about February 15, 2016. As
of the date of acceptance of assignment by the Installation Contractor, all
references in the Contract Documents to Buyer shall mean the designated
contractor whose responsibilities will include the installation and
incorporation of the Goods.
2. The assignment of the Contract shall relieve Buyer from all further
obligations and liabilities under the Contract. After assignment, Seller shall
become a subcontractor to the assignee and, except as noted herein, all
rights, duties, and obligations of Buyer under the Contract shall become the
rights, duties and obligations of the assignee. Specific areas of the General
Conditions and Supplementary General Conditions of assignment include
Articles 6, 7, 8, and 10.
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3. After assignment:
A. Buyer and Seller each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
11.03. Severability.
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the Contract Documents shall be reformed to replace such stricken provision or part
thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.
A. The business address of Seller given herein is hereby designated as the place
to which all notices, letters, and other communication to Seller will be mailed or
delivered. The address of Buyer appearing herein is hereby designated as the place to
which all notices, letters, and other communication to Buyer shall be mailed or delivered.
Either party may change its address at any time by an instrument in writing delivered to
Engineer and to the other party.
Seller: _____________________
_____________________
_____________________
IN WITNESS WHEREOF, Buyer and Seller have signed this Agreement. Five original
Agreements including Exhibit A-1 shall be delivered as follows: 3 copies to Buyer, 1
copy to Seller, 1 copy to Seller’s Surety. Two of the Buyer’s copies will be for execution
by the Seller and Seller’s surety for execution when the Agreement is assigned.
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This Agreement will be effective on .
Buyer: Seller:
By By
Title: Title:
Approved as to Form
***END OF SECTION***
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EXHIBIT A-1
WHEREAS, Owner and Seller have entered into a certain Agreement for Goods
and Special Services (“the Procurement Agreement”) for delivery of the Supply (as
defined therein) to Owner with respect to the Biological Nutrient Removal Project (the
“Project”), Project No. _________, which contract was entered into on the _______ day
of _____________, 20__, and is incorporated herein by reference and to which this
Exhibit A-1 is attached, for identification only (hereinafter the “Procurement
Agreement”); and
WHEREAS, after the making of the Procurement Agreement, Owner entered into
a construction contract with Installation Contractor for ________________________
work at the Project, which contract, Project No. ________, was entered into on the ____
day of _____________, 20__, and is incorporated into this Agreement by reference; and
WHEREAS, Owner, Seller and Installation Contractor now desire to permit the
assignment of the Procurement Agreement by Owner to Installation Contractor and the
assumption by Installation Contractor of the entirety of Owner’s liability, if any, to Seller
thereunder, so as to substitute Installation Contractor for Owner and thus cause a
novation of the Procurement Agreement; and
WHEREAS, the parties hereto desire to make this Assignment and Novation
because, under the terms of the Construction Contract, Installation Contractor is obligated
to Owner to provide the Supply which is the subject of the Procurement Agreement and
the parties desire that Seller provide such Supply to Installation Contractor, and that
Seller and Installation Contractor release Owner with respect to the Procurement
Agreement in accordance with the terms of this Agreement; and
WHEREAS, Installation Contractor has provided Owner with a labor and material
payment bond in the full amount of the Construction Contract, including the Fine Bubble
Diffused Aeration System Contract Price; and
EXHIBIT A-1
-1-
NOW, THEREFORE, the parties agree as follows:
By ________________________________
Title ______________________________
EXHIBIT A-1
-2-
determine that such a reassignment is desirable or necessary, including but not limited to
the occurrence of the following: Installation Contractor’s breach of the Procurement
Agreement, Installation Contractor’s breach of the above-referenced Contract Agreement,
and/or Installation Contractor’s becoming the subject of a bankruptcy proceeding.
By _________________________________
__________________ , President
By
___________________________________
__________________ , Secretary
The payment bond surety and performance bond surety of Installation Contractor
hereby consents to the Assumption of Assignment, Liabilities and Novation and grants
Seller and Owner all rights, benefits and privileges under its bonds issued with
Installation Contractor as otherwise afforded as if Seller were an original supplier or
subcontractor to Installation Contractor from inception.
By ________________________________
Title _______________________________
***END OF DOCUMENT***
EXHIBIT A-1
-3-
SECTION 00 61 13.13
BOND NO.
WHEREAS, said Principal is required under the terms of said contract to furnish a bond
for the faithful performance of said contract;
as Surety, are held and firmly bound unto the Obligee, in the penal sum of ,
lawful money of the United States, for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly
by these presents.
As a condition precedent to the satisfactory completion of the said contract, the above
obligation in said amount shall hold good for a period of one (1) year after the completion and
acceptance of the said work, during which time if the above bounden Principal, its heirs,
executors, administrators, successors or assigns shall fail to make full, complete and satisfactory
repair and replacements or totally protect the said Obligee from loss or damage made evident
during said period of one (1) year from the date of acceptance of the work, and resulting from or
caused by defective materials or faulty workmanship in the prosecution of the work done, the
above obligation in the said sum shall remain in full force and effect. However, anything in this
paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue
so long as any obligation of the Principal remains.
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The said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or addition to the terms of the contract or to the work to be
performed thereunder or the specifications accompanying the same shall, in any way, affect its
obligations on this bond, and it does hereby waive notice of any such change, extension of time,
alteration, or addition to the terms of the contract or to the work or to the specifications. Said
Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of
California.
IN WITNESS WHEREOF, the above bounden parties have executed this instrument
under their seals this day of , 20 , the name and corporate seal
of each corporate party being affixed hereto and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Principal
By
Signature of Principal
Title of Signatory
Surety
By
Signature for Surety
(SEAL)
Title of Signatory
(This bond must be submitted in sets of three, each bearing original signatures. The
signature of the Attorney-In-Fact for the Surety must be acknowledged by a Notary Public.
Bonds must be accompanied by a current power of attorney appointing such Attorney-In-Fact.)
**END OF SECTION**
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SECTION 00 61 13.16
WHEREAS, said Principal is required to furnish a bond in connection and with said
contract, providing that if said Principal, or any of its subcontractors, shall fail to pay for any
materials, provisions, or other supplies used in, upon, for, or about the performance of the work
contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond
will pay the same to the extent hereinafter set forth:
as Surety, are held and firmly bound unto the Obligee in the penal sum of
lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, or any of its
subcontractors shall fail to pay any of the persons named in Section 9100 of the Civil Code of the
State of California, or any amounts due under the Unemployment Insurance Code with respect to
such work or labor performed under the contract, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department of the State of California,
from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the
Unemployment Insurance Code of the State of California with respect to such work or labor, as
required by the provisions of Section 9550 and following of the Civil Code of the State of
California, then said Surety will pay the same in or to an amount not exceeding the amount herein
above set forth.
This bond is issued pursuant to Civil Code Sections 9550 through 9566 of the State of
California and shall insure to the benefit of any and all persons, companies, and corporations
named in Section 9554 of said Civil Code, so as to give a right of action to them or their assigns in
any suit brought upon this bond.
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The said Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration, or addition to the terms of the contract or to the work to be performed
thereunder or the specifications accompanying the same shall, in any way, affect its obligations on
this bond, and it does hereby waive notice of any such change, extension of time, alteration, or
addition to the terms of the contract or to the work or to the specifications. Said Surety hereby
waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
IN WITNESS WHEREOF, the above bounden parties have executed this instrument
under their seals this day of , 20____, the name and corporate seal of each corporate
party being hereto affixed and these presents duly signed by its undersigned representative,
pursuant to authority of its governing body.
(SEAL) By
Principal
_____________________________
Signature for Principal
_____________________________
Title of Signatory
(SEAL) By _____________________________
Surety
_____________________________
Title of Signatory
This bond must be submitted in sets of three, each bearing original signatures. The signature of the
Attorney-in-Fact for the Surety must be acknowledged by a Notary Public. These bonds must be
accompanied by a current power of attorney appointing such Attorney-In-Fact.
**END OF SECTION**
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SECTION 00 72 00
and
The copyright for EJCDC P-700 is owned jointly by the four EJCDC sponsoring organizations listed
above. The National Society of Professional Engineers (NSPE) is the Copyright Administrator for the
EJCDC documents; please direct all inquiries and requests regarding EJCDC copyrights to NSPE.
A. Whenever used in the Bidding Requirements or Contract Documents and printed with initial
capital letters, the terms listed below will have the meanings indicated which are applicable to
the singular or plural thereof. In addition to terms specifically defined, terms with initial capital
letters in the Contract Documents include references to identified articles and paragraphs, and the
titles of other documents or forms.
2. Agreement—The written instrument signed by both Buyer and Seller covering the Goods
and Special Services and which lists the Contract Documents in existence on the
Effective Date of the Agreement.
4. Bid— The offer or proposal of a Seller submitted on the prescribed form setting forth the
prices for the Goods and Special Services to be provided.
9. Change Order—A document which is signed by Seller and Buyer and authorizes an
addition, deletion, or revision to the Contract Documents or an adjustment in the Contract
Price or the Contract Times, issued on or after the Effective Date of the Agreement.
Change Orders may be the result of mutual agreement by Buyer and Seller, or of
resolution of a Claim.
11. Contract—The entire and integrated written agreement between Buyer and Seller
concerning the Goods and Special Services. The Contract supersedes prior negotiations,
representations, or agreements, whether written or oral.
12. Contract Documents—Those items so designated in the Agreement. Shop Drawings and
other Seller submittals are not Contract Documents, even if accepted, reviewed, or
approved by Engineer or Buyer.
13. Contract Price—The moneys payable by Buyer to Seller for furnishing the Goods and
Special Services in accordance with the Contract Documents as stated in the Agreement.
14. Contract Times—The times stated in the Agreement by which the Goods must be
delivered and Special Services must be furnished.
16. Effective Date of the Agreement—The date indicated in the Agreement on which it
becomes effective, but if no such date is indicated, it means the date on which the
Agreement is signed and delivered by the last of the two parties to sign and deliver.
18. Field Order—A written order issued by Engineer which requires minor changes in the
Goods or Special Services but which does not involve a change in the Contract Price or
Contract Times.
20. Goods—The tangible and movable personal property that is described in the Contract
Documents, regardless of whether the property is to be later attached to realty.
21. Goods and Special Services—The full scope of materials, equipment, other items, and
services to be furnished by Seller, including Goods, as defined herein, and Special
Services, if any, as defined herein. This term refers to both the Goods and the Special
Services, or to either the Goods or the Special Services, and to any portion of the Goods
or the Special Services, as the context requires.
24. Notice of Award—The written notice by Buyer to the Successful Bidder stating that upon
timely compliance by the Successful Bidder with the conditions precedent listed therein,
Buyer will sign and deliver the Agreement.
25. Notice to Proceed—A written notice given by Buyer to Seller fixing the date on which
the Contract Times commence to run and on which Seller shall start to perform under the
Contract.
26. Point of Destination—The specific address of the location where delivery of the Goods
shall be made, as stated in the Agreement.
27. Project—The total undertaking of which the Goods and Special Services may be the
whole, or only a part.
28. Project Manual—The documentary information prepared for bidding and furnishing the
Goods and Special Services. A listing of the contents of the Project Manual is contained
in its table of contents.
30. Seller—The individual or entity furnishing the Goods and Special Services.
31. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or
information which are specifically prepared or assembled by or for Seller and submitted
by Seller to illustrate some portion of the Goods and Special Services.
34. Successful Bidder—The Bidder submitting a responsive Bid, to whom Buyer makes an
award.
36. Work Change Directive—A written statement to Seller issued on or after the Effective
Date of the Agreement and signed by Buyer ordering an addition, deletion, or other
revision in the Contract Documents with respect to the Goods and Special Services. A
Work Change Directive will not change the Contract Price or the Contract Times but is
evidence that the parties expect that the change ordered or documented by a Work
Change Directive will be incorporated in a subsequently issued Change Order following
negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times.
1.02 Terminology
A. The words and terms discussed in Paragraphs 1.02.B and 1.02.C are not defined, but have the
indicated meanings when used in the Bidding Requirements or Contract Documents.
1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,”
“as directed” or terms of like effect or import to authorize an exercise of professional
judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,”
“proper,” “satisfactory,” or adjectives of like effect or import are used to describe an
action or determination of Engineer as to the Goods and Special Services. It is intended
that such exercise of professional judgment, action, or determination will be
commercially reasonable and will be solely to evaluate, in general, the Goods and Special
Services for compliance with the requirements of and information in the Contract
Documents and conformance with the design concept of the completed Project as a
functioning whole as shown or indicated in the Contract Documents (unless there is a
specific statement indicating otherwise). The use of any such term or adjective shall not
be effective to assign to Engineer any duty or authority to supervise or direct the
furnishing of Goods or Special Services or any duty or authority to undertake
responsibility contrary to any other provision of the Contract Documents.
2. The word “non-conforming” when modifying the words “Goods and Special Services,”
“Goods,” or “Special Services,” refers to Goods and Special Services that fail to conform
to the Contract Documents.
3. The word “receipt” when referring to the Goods, shall mean the physical taking and
possession by the Buyer under the conditions specified in Paragraph 8.01.B.3.
4. The word “day” means a calendar day of 24 hours measured from midnight to the next
midnight.
5. The word "furnish," when used in connection with the Goods and Special Services shall
mean to supply and deliver said Goods to the Point of Destination (or some other
C. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or construction industry or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
A. When Seller delivers the executed counterparts of the Agreement to Buyer, Seller also shall
deliver such bonds as Seller may be required to furnish.
A. When Seller delivers the executed counterparts of the Agreement to Buyer, Seller shall deliver to
Buyer, with copies to each additional insured identified by name in the Supplementary
Conditions, certificates of insurance (and other evidence of insurance which either of them or
any additional insured may reasonably request) which Seller is required to purchase and maintain
in accordance with Article 4.
A. Buyer shall furnish Seller up to five printed or hard copies of the Contract Documents.
Additional copies will be furnished upon request at the cost of reproduction.
A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the
Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A
Notice to Proceed may be given at any time within 30 days after the Effective Date of the
Agreement. In no event will the Contract Times commence to run later than the sixtieth day after
the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever
date is earlier.
A. Buyer and Seller shall each designate its representative at the time the Agreement is signed.
Each representative shall have full authority to act on behalf of and make binding decisions in
any matter arising out of or relating to the Contract.
A. Within 15 days after the Contract Times start to run, Seller shall submit to Buyer and Engineer
an acceptable progress schedule of activities, including at a minimum, Shop Drawing and
Sample submittals, tests, and deliveries as required by the Contract Documents. No progress
payment will be made to Seller until an acceptable schedule is submitted to Buyer and Engineer.
A. Within 20 days after the Contract Times start to run, a conference attended by Seller, Buyer,
Engineer and others as appropriate will be held to establish a working understanding among the
parties as to the Goods and Special Services and to discuss the schedule referred to in Paragraph
2.06.A, procedures for handling Shop Drawings and other submittals, processing Applications
for Payment, and maintaining required records.
2.08 Safety
A. Buyer and Seller shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss.
When Seller's personnel, or the personnel of any subcontractor to Seller, are present at the Point
of Destination or any work area or site controlled by Buyer, the Seller shall be responsible for the
compliance by such personnel with any applicable requirements of Buyer's safety programs that
are made known to Seller.
3.01 Intent
A. The Contract Documents are complementary; what is called for by one is as binding as if called
for by all.
B. Any labor, documentation, services, materials, or equipment that may reasonably be inferred
from the Contract Documents or from prevailing custom or trade usage as being required to
produce or furnish the indicated Goods and Special Services will be provided, whether or not
specifically called for, at no additional cost to Buyer.
C. Clarifications and interpretations of, or notifications of minor variations and deviations in, the
Contract Documents, will be issued by Engineer as provided in Article 9.
A. Reporting Discrepancies:
1. Seller’s Review of Contract Documents Before the Performance of the Contract: Before
performance of the Contract, Seller shall carefully study and compare the Contract
Documents and check and verify pertinent figures therein and all applicable field
measurements. Seller shall promptly report in writing to Engineer any conflict, error,
ambiguity, or discrepancy which Seller discovers or has actual knowledge of and shall
obtain a written interpretation or clarification from Engineer before proceeding with the
furnishing of any Goods and Special Services affected thereby.
2. Seller’s Review of Contract Documents During the Performance of the Contract: If,
during the performance of the Contract, Seller discovers any conflict, error, ambiguity, or
discrepancy within the Contract Documents or between the Contract Documents and any
provision of any Law or Regulation applicable to the performance of the Contract, any
standard, specification, manual or code, or of any instruction of any Supplier, Seller shall
promptly report it to Engineer in writing. Seller shall not proceed with the furnishing of
the Goods and Special Services affected thereby until an amendment to or clarification of
the Contract Documents has been issued.
3. Seller shall not be liable to Buyer or Engineer for failure to report any conflict, error,
ambiguity, or discrepancy in the Contract Documents unless Seller had actual knowledge
thereof.
1. the provisions of any standard, specification, manual, code, or instruction (whether or not
specifically incorporated by reference in the Contract Documents); or
2. the provisions of any Laws or Regulations applicable to the furnishing of the Goods and
Special Services (unless such an interpretation of the provisions of the Contract
Documents would result in violation of such Law or Regulation).
A. The Contract Documents may be amended to provide for additions, deletions, and revisions to
the Goods and Special Services or to modify contractual terms and conditions by a Change
Order.
B. Buyer may issue a Work Change Directive providing for additions, deletions, or revisions to the
Goods and Special Services, in which case (1) the Contract Price shall be equitably adjusted to
account for any reasonable and necessary credits to Buyer for any such deletion, or for costs
(including reasonable overhead and profit) incurred by Seller to accommodate such an addition
or revision and (2) the Contract Times shall be equitably adjusted to account for any impact on
progress and completion of performance. Such adjustments subsequently shall be duly set forth
in a Change Order.
C. The requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Goods and Special Services may be authorized, by one or more of the following
ways:
1. A Field Order;
4.01 Bonds
A. Seller shall furnish to Buyer performance and payment bonds, each in an amount at least equal to
the Contract Price, as security for the faithful performance and payment of all of Seller's
obligations under the Contract Documents. These bonds shall remain in effect until 1) one year
after the date when final payment becomes due or 2) completion of the correction period
specified in Paragraph 8.03, whichever is later, except as provided otherwise by Laws or
Regulations or by the Contract Documents. Seller shall also furnish such other bonds as are
required by the Contract Documents.
B. All bonds shall be in the form prescribed by the Contract Documents except as provided
otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the
current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal
Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the
Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All
bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that
individual's authority to bind the surety. The evidence of authority shall show that it is effective
on the date the agent or attorney-in-fact signed each bond.
C. If the surety on any bond furnished by Seller is declared bankrupt or becomes insolvent or its
right to do business is terminated in any state where any part of the Project is located or it ceases
4.02 Insurance
A. Seller shall provide insurance of the types and coverages and in the amounts stipulated in the
Supplementary Conditions.
B. Failure of Buyer to demand certificates of insurance or other evidence of Seller's full compliance
with these insurance requirements or failure of Buyer to identify a deficiency in compliance from
the evidence provided shall not be construed as a waiver of Seller’s obligation to maintain such
insurance.
C. Upon assignment of this Contract, Seller shall comply with the written request of assignee to
provide certificates of insurance to assignee.
D. Buyer does not represent that insurance coverage and limits established in this Contract
necessarily will be adequate to protect Seller.
E. The insurance and insurance limits required herein shall not be deemed as a limitation on Seller’s
liability under the indemnities granted to Buyer in the Contract Documents.
A. All bonds and insurance required by the Contract Documents to be purchased and maintained by
Buyer or Seller shall be obtained from surety or insurance companies that are duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies
for the limits and coverages so required. Such surety and insurance companies shall also meet
such additional requirements and qualifications as may be provided in the Supplementary
Conditions.
A. Seller shall supervise, inspect, and direct the furnishing of the Goods and Special Services
competently and efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform its obligations in accordance with the Contract
Documents. Seller shall be solely responsible for the means, methods, techniques, sequences,
and procedures necessary to perform its obligations in accordance with the Contract Documents.
Seller shall not be responsible for the negligence of Buyer or Engineer in the design or
specification of a specific means, method, technique, sequence, or procedure that is shown or
indicated in and expressly required by the Contract Documents.
A. Seller shall provide competent, qualified and trained personnel in all aspects of its performance
of the Contract.
B. All Goods, and all equipment and material incorporated into the Goods, shall be as specified, and
unless specified otherwise in the Contract Documents, shall be:
A. Seller shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of its obligations in accordance with the Contract Documents.
Except where otherwise expressly required by such Laws and Regulations, neither Buyer nor
Engineer shall be responsible for monitoring Seller’s compliance with any Laws or Regulations.
B. If Seller furnishes Goods and Special Services knowing or having reason to know that such
furnishing is contrary to Laws or Regulations, Seller shall bear all claims, costs, losses, and
damages (including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other dispute resolution costs) arising out of or
relating to such performance. It shall not be Seller’s responsibility to make certain that the
Specifications and Drawings are in accordance with Laws and Regulations, but this provision
shall not relieve Seller of Seller’s obligations under Paragraph 3.03.
C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective
Date of the Agreement if there were no Bids) having an effect on the cost or time of performance
shall be the subject of an adjustment in Contract Price or Contract Times. If Buyer and Seller are
unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a
Claim may be made therefor as provided in Paragraph 9.06.
5.04 Or Equals
A. Whenever the Goods, or an item of material or equipment to be incorporated into the Goods, are
specified or described in the Contract Documents by using the name of a proprietary item or the
name of a particular supplier or manufacturer, the specification or description is intended to
establish the type, function, appearance, and quality required. Unless the specification or
description contains or is followed by words reading that no like, equivalent, or “or-equal” item
is permitted, other items of material or equipment or material or equipment of other suppliers or
manufacturers may be submitted to Buyer for Engineer’s review.
2. For the purposes of this paragraph, a proposed item of material or equipment may be
considered functionally equal to an item so named only if:
b. Seller certifies that if approved: 1) there will be no increase in any cost, including
capital, installation or operating costs, to Buyer; and 2) the proposed item will
conform substantially to the detailed requirements of the item named in the Contract
Documents.
B. Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to Paragraph 5.04.A. Engineer will be the sole judge
of whether to accept or reject such a proposal or submittal. No “or-equal” will be ordered,
manufactured or utilized until Engineer’s review is complete, which will be evidenced by an
approved Shop Drawing. Engineer will advise Buyer and Seller in writing of any negative
determination. Notwithstanding Engineer’s approval of an “or-equal” item, Seller shall remain
obligated to comply with the requirements of the Contract Documents.
C. Special Guarantee: Buyer may require Seller to furnish at Seller’s expense a special
performance guarantee or other surety with respect to any such proposed “or-equal.”
D. Data: Seller shall provide all data in support of any such proposed “or-equal” at Seller’s
expense.
5.05 Taxes
A. Seller shall be responsible for all taxes and duties arising out of the sale of the Goods and the
furnishing of Special Services. All taxes are included in the Contract Price, except as noted in
the Supplementary Conditions.
A. Seller shall submit Shop Drawings and Samples to Buyer for Engineer’s review and approval in
accordance with the schedule required in Paragraph 2.06.A. All submittals will be identified as
required and furnished in the number of copies specified in the Contract Documents. The data
shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified
performance and design criteria, materials, and similar data to show Engineer the services,
materials, and equipment Seller proposes to provide.
C. Submittal Procedures:
1. Before submitting each Shop Drawing or Sample, Seller shall have determined and
verified:
b. that all materials are suitable with respect to the indicated application, fabrication,
shipping, handling, storage, assembly, and installation pertaining to the furnishing of
Goods and Special Services.
2. Seller shall also have reviewed and coordinated each Shop Drawing or Sample with the
Contract Documents.
3. Each submittal shall bear a stamp or include a written certification from Seller that Seller
has reviewed the subject submittal and confirmed that it is in compliance with the
requirements of the Contract Documents. Both Buyer and Engineer shall be entitled to
rely on such certification from Seller.
4. With each submittal, Seller shall give Buyer and Engineer specific written notice of any
variations that the Shop Drawing or Sample may have from the requirements of the
Contract Documents. This notice shall be both in a written communication separate from
the submittal and by specific notation on each Shop Drawing or Sample.
D. Engineer’s Review:
2. Engineer’s review and approval will be only to determine if the Goods and Special
Services covered by the submittals will, after installation or incorporation in the Project,
conform to the information given in the Contract Documents and be compatible with the
design concept of the completed Project as a functioning whole.
3. Engineer’s review and approval shall not relieve Seller from responsibility for any
variation from the requirements of the Contract Documents unless Seller has complied
with the requirements of Paragraph 5.06.C.4 and Engineer has given written approval of
each such variation by specific written notation thereof incorporated in or accompanying
the Shop Drawing or Sample. Engineer’s review and approval shall not relieve Seller
from responsibility for complying with the requirements of Paragraph 5.06.C.1.
1. Seller shall make corrections required by Engineer and shall return the required number
of corrected copies of Shop Drawings and submit, as required, new Samples for review
and approval. Seller shall direct specific attention in writing to any revisions other than
the corrections called for by Engineer on previous submittals.
5.07 Continuing Performance
A. Seller shall adhere to the progress schedule established in accordance with Paragraph 2.06.A.,
and the Goods shall be delivered and the Special Services furnished within the Contract Times
specified in the Agreement.
B. Seller shall carry on furnishing of the Goods and Special Services and adhere to the progress
schedule during all disputes or disagreements with Buyer. No furnishing of Goods and Special
Services shall be delayed or postponed pending resolution of any disputes or disagreements,
except as permitted by Paragraphs 11.03 or 11.04, or as Buyer and Seller may otherwise agree in
writing.
A. Seller warrants and guarantees to Buyer that the title to the Goods conveyed shall be proper, its
transfer rightful, and free from any security interest, lien, or other encumbrance. Seller shall
defend, indemnify, and hold Buyer harmless against any liens, claims, or demands contesting or
affecting title of the Goods conveyed.
B. Seller warrants and guarantees to Buyer that all Goods and Special Services will conform with
the Contract Documents, and with the standards established by any Samples approved by
Engineer. Engineer shall be entitled to rely on Seller’s warranty and guarantee. If the Contract
Documents do not otherwise specify the characteristics or the quality of the Goods, the Goods
shall comply with the requirements of Paragraph 5.02.B.
C. Seller’s warranty and guarantee hereunder excludes defects or damage caused by:
3. use in a manner contrary to Seller's written instructions for installation, operation, and
maintenance; or
D. Seller's obligation to furnish the Goods and Special Services in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Goods and
4. any acceptance by Buyer (subject to the provisions of Paragraph 8.02.D.1) or any failure
to do so;
E. Buyer shall promptly notify Seller of any breach of Seller’s warranties or guarantees.
5.09 Indemnification
A. To the fullest extent permitted by Laws and Regulations, Seller shall indemnify and hold
harmless Buyer and Engineer, and the officers, directors, members, partners, employees, agents,
consultants, contractors, and subcontractors of each and any of them from and against all claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to the performance of Seller's obligations under the
Contract Documents, provided that any such claim, cost, loss, or damages attributable to bodily
injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than
the Goods themselves), including the loss of use resulting therefrom, but only to the extent cause
by any negligent act or omission of Seller, or any individual or entity directly or indirectly
employed by Seller or anyone for whose acts Seller may be liable.
B. In any and all claims against Buyer or Engineer or any of their respective assignees, consultants,
agents, officers, directors, members, partners, employees, agents, consultants, contractors, or
subcontractors, by any employee (or the survivor or personal representative of such employee) of
Seller, any subcontractor, any supplier, or any individual or entity directly or indirectly employed
by any of them to furnish any of the Goods and Special Services, or anyone for whose acts any
of them may be liable, the indemnification obligation under Paragraph 5.09.A shall not be
limited in any way by any limitation on the amount or type of damages, compensation, or
benefits payable by or for seller or any such subcontractor, supplier, or other individual or entity
under workers’ compensation acts, disability benefit acts, or other employee benefit acts.
1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings,
opinions, reports, surveys, Change Orders, designs, or Specifications; or
2. giving directions or instructions, or failing to give them, if that is the primary cause of
the injury or damage.
A. Seller will not be required to provide professional design services unless such services are
specifically required by the Contract Documents or unless such services are required to carry out
Seller’s responsibilities for furnishing the Goods and Special Services. Seller shall not be
required to provide professional services in violation of applicable law.
B. If professional design services or certifications by a design professional related to the Goods and
Special Services are specifically required of Seller by the Contract Documents, Buyer and
Engineer will specify all performance and design criteria that such services must satisfy. Seller
shall cause such services or certifications to be provided by a properly licensed professional,
whose signature and seal shall appear on all drawings, calculations, specifications, certifications,
Shop Drawings and other submittals prepared by such professional. Shop Drawings and other
submittals related to the Goods and Special Services designed or certified by such professional,
if prepared by others, shall bear such professional’s written approval when submitted to
Engineer.
C. Buyer and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of
the services, certifications or approvals performed by such design professionals, provided Buyer
and Engineer have specified to Seller all performance and design criteria that such services must
satisfy.
D. Pursuant to this Paragraph 5.10, Engineer’s review and approval of design calculations and
design drawings will be only for the limited purpose of checking for conformance with
performance and design criteria given and the design concept expressed in the Contract
Documents. Engineer’s review and approval of Shop Drawings and other submittals (except
design calculations and design drawings) will be only for the purpose stated in
Paragraph 5.06.D.2.
E. Seller shall not be responsible for the adequacy of the performance or design criteria required by
the Contract Documents.
6.01 Shipping
A. Seller shall select the carrier and bear all costs of packaging, transportation, insurance, special
handling and any other costs associated with shipment and delivery.
A. Seller shall deliver the Goods F.O.B. the Point of Destination in accordance with the Contract
Times set forth in the Agreement, or other date agreed to by Buyer and Seller.
B. Seller shall provide written notice to Buyer at least 10 days before shipment of the manner of
shipment and the anticipated delivery date. The notice shall also include any instructions
concerning special equipment or services required at the Point of Destination to unload and care
for the Goods. Seller shall also require the carrier to give Buyer at least 24 hours notice by
telephone prior to the anticipated time of delivery.
C. Buyer will be responsible and bear all costs for unloading the Goods from carrier.
D. Buyer will assure that adequate facilities are available to receive delivery of the Goods during
the Contract Times for delivery set forth in the Agreement, or another date agreed by Buyer and
Seller.
E. No partial deliveries shall be allowed, unless permitted or required by the Contract Documents or
agreed to in writing by Buyer.
A. Risk of loss and insurable interests transfer from Seller to Buyer upon Buyer’s receipt of the
Goods.
B. Notwithstanding the provisions of Paragraph 6.03.A, if Buyer rejects the Goods as non-
conforming, the risk of loss on such Goods shall remain with Seller until Seller corrects the non-
conformity or Buyer accepts the Goods. If rejected Goods remain at the Point of Destination
pending modification and acceptance, then Seller shall be responsible for arranging adequate
protection and maintenance of the Goods at Seller's expense.
A. Seller shall adhere to the progress schedule established in accordance with Paragraph 2.06 as it
may be adjusted from time to time as provided below.
1. Seller shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.06)
proposed adjustments in the progress schedule that will not result in changing the
Contract Times. Such adjustments will comply with any provisions of the General
Requirements applicable thereto.
2. Proposed adjustments in the progress schedule that will change the Contract Times shall
be submitted in accordance with the requirements of Article 7. Adjustments in Contract
Times may only be made by a Change Order.
A. Buyer may at any time, without notice to any surety, make an addition, deletion, or other revision
to the Contract Documents with respect to the Goods and Services, within the general scope of
the Contract, by a Change Order or Work Change Directive. Upon receipt of any such
document, Seller shall promptly proceed with performance pursuant to the revised Contract
Documents (except as otherwise specifically provided).
B. If Seller concludes that a Work Change Directive issued by Buyer affects the Contract Price or
Contract Times, then Seller shall notify Buyer within 15 days after Seller has received the Work
Change Directive, and submit written supporting data to Buyer within 45 days after such receipt.
If Seller fails to notify Buyer within 15 days, Seller waives any Claim for such adjustment. If
Buyer and Seller are unable to agree on entitlement to, or on the amount or extent, if any, of an
adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of
a Work Change Directive, a Claim may be made therefor as provided in Paragraph 9.06.
C. Seller shall not suspend performance while Buyer and Seller are in the process of making such
changes and any related adjustments to Contract Price or Contract Times.
A. The Contract Price or Contract Times may only be changed by a Change Order.
B. Any Claim for an adjustment in the Contract Price or Contract Times shall be based on written
notice submitted by the party making the Claim to the Engineer and the other party to the
Contract in accordance with the provisions of Paragraph 9.06.
C. If Seller is prevented from delivering the Goods or performing the Special Services within the
Contract Times for any unforeseen reason beyond its control and not attributable to its actions or
inactions, then Seller shall be entitled to an adjustment of the Contract Times to the extent
attributable to such reason. Such reasons include but are not limited to acts or neglect by Buyer,
inspection delays, fires, floods, epidemics, abnormal weather conditions, acts of God, and other
like matters. If such an event occurs and delays Seller’s performance, Seller shall notify Buyer
in writing within 15 days of knowing or having reason to know of the beginning of the event
causing the delay, stating the reason therefor.
D. Seller shall not be entitled to an adjustment in Contract Price or Contract Times for delays within
the control of Seller. Delays attributable to and within the control of Seller’s subcontractors or
suppliers shall be deemed to be delays within the control of Seller.
E. If Seller is prevented from delivering the Goods or furnishing the Special Services within the
Contract Times due to the actions or inactions of Buyer, Seller shall be entitled to any reasonable
and necessary additional costs arising out of such delay to the extent directly attributable to
Buyer.
A. General:
1. The Contract Documents specify required inspections and tests. Buyer shall have the
right to perform, or cause to be performed, reasonable inspections and require reasonable
tests of the Goods at Seller’s facility, and at the Point of Destination. Seller shall allow
Buyer a reasonable time to perform such inspections or tests.
2. Seller shall reimburse Buyer for all expenses, except for travel, lodging, and subsistence
expenses of Buyer’s and Engineer's representatives, for inspections and tests specified in
the Contract Documents. If as the result of any such specified testing the Goods are
determined to be non-conforming, then Seller shall also bear the travel, lodging, and
subsistence expenses of Buyer’s and Engineer's representatives, and all expenses of re-
inspection or retesting.
3. Buyer shall bear all expenses of inspections and tests that are not specified in the
Contract Documents (other than any re-inspection or retesting resulting from a
determination of non-conformity, as set forth in Paragraph 8.01.A.2 immediately above);
provided, however, that if as the result of any such non-specified inspections or testing
the Goods are determined to be non-conforming, then Seller shall bear all expenses of
such inspections and testing, and of any necessary re-inspection and retesting.
4. Seller shall provide Buyer timely written notice of the readiness of the Goods for all
inspections, tests, or approvals which the Contract Documents specify are to be observed
by Buyer prior to shipment.
5. Buyer will give Seller timely notice of all specified tests, inspections, and approvals of
the Goods which are to be conducted at the Point of Destination.
6. If, on the basis of any inspections or testing, the Goods appear to be conforming, Buyer
will give Seller prompt notice thereof. If on the basis of said inspections or testing, the
Goods appear to be non-conforming, Buyer will give Seller prompt notice thereof and
will advise Seller of the remedy Buyer elects under the provisions of Paragraph 8.02.
7. Neither payments made by Buyer to Seller prior to any tests or inspections, nor any tests
or inspections shall constitute acceptance of non-conforming Goods, or prejudice Buyer’s
rights under the Contract.
1. Buyer or Engineer will visually inspect the Goods upon delivery solely for purposes of
identifying the Goods and general verification of quantities and observation of apparent
condition in order to provide a basis for a progress payment. Such visual inspection will
not be construed as final or as receipt of any Goods and Special Services that, as a result
of subsequent inspections and tests, are determined to be non-conforming.
2. Within ten days of such visual inspection, Buyer shall provide Seller with written notice
of Buyer’s determination regarding conformity of the Goods. In the event Buyer does
not provide such notice, it will be presumed that the Goods appear to be conforming and
that Buyer has acknowledged their receipt upon delivery.
3. If, on the basis of the visual inspection specified in Paragraph 8.01.B.1, the Goods appear
to be conforming, Buyer’s notice thereof to Seller will acknowledge receipt of the Goods.
C. Final Inspection:
1. After all of the Goods have been incorporated into the Project, tested in accordance with
such testing requirements as are specified, and are functioning as indicated, Buyer or
Engineer will make a final inspection.
2. If, on the basis of the final inspection, the Goods are conforming, Buyer’s notice thereof
will constitute Buyer’s acceptance of the Goods.
3. If, on the basis of the final inspection, the Goods are non-conforming, Buyer will identify
the non-conformity in writing.
A. If, on the basis of inspections and testing prior to delivery, the Goods and Special Services are
found to be non-conforming, or if at any time after Buyer has acknowledged receipt of delivery
and before the expiration of the correction period described in Paragraph 8.03, Buyer determines
that the Goods and Special Services are non-conforming, then Seller shall promptly, without cost
to Buyer and in response to written instructions from Buyer, either correct such non-conforming
Goods and Special Services, or, if Goods are rejected by Buyer, remove and replace the non-
conforming Goods with conforming Goods, including all work required for reinstallation.
1. If Buyer elects to reject the Goods in whole or in part, Buyer’s notice to Seller will
describe in sufficient detail the non-conforming aspect of the Goods. If Goods have been
delivered to Buyer, Seller shall promptly, and within the Contract Times, remove and
replace the rejected Goods.
2. Seller shall bear all costs, losses and damages attributable to the removal and replacement
of the non-conforming Goods as provided in Paragraph 8.02.E.
1. If Buyer elects to permit the Seller to modify the Goods to correct the non-comformance,
then Seller shall promptly provide a schedule for such modifications and shall make the
Goods conforming within a reasonable time.
2. If Buyer notifies Seller in writing that any of the Special Services are non-conforming,
Seller shall promptly provide conforming services acceptable to Buyer. If Seller fails to
do so, Buyer may delete the Special Services and reduce the Contract Price a
commensurate amount.
E. Seller shall pay all claims, costs, losses, and damages, including but not limited to all fees and
charges for re-inspection, retesting and for any engineers, architects, attorneys and other
professionals, and all court or arbitration or other dispute resolution costs arising out of or
relating to the non-conforming Goods and Special Services. Seller's obligations shall include the
costs of the correction or removal and replacement of the non-conforming Goods and the
replacement of property of Buyer and others destroyed by the correction or removal and
replacement of the non-conforming Goods, and obtaining conforming Special Services from
others.
If Buyer asserts that Goods and Special Services are non-conforming and such Goods and
Special Services are determined to be conforming, or if Buyer rejects as non-conforming Goods
and Special Services that are later determined to be conforming, then Seller shall be entitled to
reimbursement from Buyer of costs incurred by Seller in inspecting, testing, correcting,
removing, or replacing the conforming Goods and Special Services, including but not limited to
fees and charges of engineers, architects, attorneys and other professionals, and all court or
arbitration or other dispute resolution costs associated with the incorrect assertion of non-
conformance or rejection of conforming Goods and Special Services.
A. Seller’s responsibility for correcting all non-conformities in the Goods and Special Services will
extend for a period of one year after the earlier of the date on which Buyer has placed the Goods
in continuous service or the date of final payment, or for such longer period of time as may be
A. The duties and responsibilities and the limitations of authority of Engineer are set forth in the
Contract Documents.
A. Engineer will issue with reasonable promptness such written clarifications or interpretations of
the Contract Documents as Engineer may determine necessary, which shall be consistent with or
reasonably inferable from the overall intent of the Contract Documents. Such written
clarifications and interpretations will be binding on Buyer and Seller. If either Buyer or Seller
believes that a written clarification or interpretation justifies an adjustment in the Contract Price
or Contract Times, either may make a Claim therefor.
A. Engineer may authorize minor deviations or variations in the Contract Documents by: 1) written
approval of specific variations set forth in Shop Drawings when Seller has duly noted such
variations as required in Paragraph 5.06.C.4, or 2) a Field Order.
A. Engineer will have the authority to disapprove or reject Goods and Special Services that
Engineer believes to be non-conforming. Engineer will also have authority to require special
inspection or testing of the Goods or Special Services as provided in Paragraph 8.01 whether or
not the Goods are fabricated or installed, or the Special Services are completed.
A. Engineer will be the initial interpreter of the Contract Documents and judge of the acceptability
of the Goods and Special Services. Claims, disputes and other matters relating to the
acceptability of the Goods and Special Services or the interpretation of the requirements of the
Contract Documents pertaining to Seller’s performance will be referred initially to Engineer in
writing with a request for a formal decision in accordance with this paragraph.
B. When functioning as interpreter and judge under this Paragraph 9.05, Engineer will not show
partiality to Buyer or Seller and will not be liable in connection with any interpretation or
decision rendered in good faith in such capacity. The rendering of a decision by Engineer
pursuant to this Paragraph 9.05 with respect to any such Claim, dispute, or other matter (except
any which have been waived by the making or acceptance of final payment as provided in
Paragraph 10.07) will be a condition precedent to any exercise by Buyer or Seller of such rights
A. Notice: Written notice of each Claim relating to the acceptability of the Goods and Special
Services or the interpretation of the requirements of the Contract Documents pertaining to either
party's performance shall be delivered by the claimant to Engineer and the other party to the
Agreement within 15 days after the occurrence of the event giving rise thereto, and written
supporting data shall be submitted to Engineer and the other party within 45 days after such
occurrence unless Engineer allows an additional period of time to ascertain more accurate data.
B. Engineer’s Decision: Engineer will review each such Claim and render a decision in writing
within 30 days after receipt of the last submittal of the claimant or the last submittal of the
opposing party, if any.
C. If Engineer does not render a formal written decision on a Claim within the time stated in
Paragraph 9.06.B., Engineer shall be deemed to have issued a decision denying the Claim in its
entirety 31 days after receipt of the last submittal of the claimant or the last submittal of the
opposing party, if any.
D. Engineer’s written decision on such Claim or a decision denying the Claim in its entirety that is
deemed to have been issued pursuant to Paragraph 9.06.C, will be final and binding upon Buyer
and Seller 30 days after it is issued unless within 30 days of issuance Buyer or Seller appeals
Engineer’s decision by initiating the mediation of such Claim in accordance with the dispute
resolution procedures set forth in Article 13.
E. If Article 13 has been amended to delete the mediation requirement, then Buyer or Seller may
appeal Engineer's decision within 30 days of issuance by following the alternative dispute
resolution process set forth in Article 13, as amended; or if no such alternative dispute resolution
process has been set forth, Buyer or Seller may appeal Engineer's decision by 1) delivering to the
other party within 30 days of the date of such decision a written notice of intent to submit the
Claim to a court of competent jurisdiction, and 2) within 60 days after the date of such decision
instituting a formal proceeding in a court of competent jurisdiction.
F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in
accordance with this Paragraph 9.06.
G. The parties agree to endeavor to avoid or resolve Claims through direct, good faith discussions
and negotiations whenever practicable. Such discussions and negotiations should at the outset
address whether the parties mutually agree to suspend the time periods established in this
Paragraph 9.06; if so, a written record of such mutual agreement should be made and jointly
executed.
A. Seller shall submit to Buyer for Engineer’s review Applications for Payment filled out and
signed by Seller and accompanied by such supporting documentation as is required by the
Contract Documents and also as Buyer or Engineer may reasonably require. The timing and
amounts of progress payments shall be as stipulated in the Agreement.
1. The first application for Payment will be submitted after review and approval by
Engineer of all Shop Drawings and of all Samples required by the Contract Documents.
2. The second Application for Payment will be submitted after receipt of the Goods has
been acknowledged in accordance with Paragraph 8.01.B and will be accompanied by a
bill of sale, invoice, or other documentation reasonably satisfactory to Buyer warranting
that Buyer has rightfully received good title to the Goods from Seller and that, upon
payment, the Goods will be free and clear of all liens. Such documentation will include
releases and waivers from all parties with viable lien rights. In the case of multiple
deliveries of Goods, additional Applications for Payment accompanied by the required
documentation will be submitted as Buyer acknowledges receipt of additional items of
the Goods.
A. Engineer will, within ten days after receipt of each Application for Payment, either indicate in
writing a recommendation of payment and present the Application to Buyer, or return the
Application to Seller indicating in writing Engineer's reasons for refusing to recommend
payment. In the latter case, Seller may make the necessary corrections and resubmit the
Application.
A. Subject to Paragraph 10.02.A., the amounts of the progress payments will be as provided in the
Agreement. Buyer shall within 30 days after receipt of each Application for Payment with
Engineer's recommendation pay Seller the amount recommended; but, in the case of the
Application for Payment upon Buyer's acknowledgment of receipt of the Goods, said 30-day
period may be extended for so long as is necessary (but in no event more than 60 days) for Buyer
to examine the bill of sale and other documentation submitted therewith. Buyer shall notify
Seller promptly of any deficiency in the documentation and shall not unreasonably withhold
payment.
A. Buyer may suspend or reduce the amount of progress payments, even though recommended for
payment by Engineer, under the following circumstances:
1. Buyer has reasonable grounds to conclude that Seller will not furnish the Goods or the
Special Services in accordance with the Contract Documents, and
2. Buyer has requested in writing assurances from Seller that the Goods and Special
Services will be delivered or furnished in accordance with the Contract Documents, and
Seller has failed to provide adequate assurances within ten days of Buyer’s written
request.
B. If Buyer refuses to make payment of the full amount recommended by Engineer, Buyer will
provide Seller and Engineer immediate written notice stating the reason for such action and
promptly pay Seller any amount remaining after deduction of the amount withheld. Buyer shall
promptly pay Seller the amount withheld when Seller corrects the reason for such action to
Buyer’s satisfaction.
A. After Seller has corrected all non-conformities to the reasonable satisfaction of Buyer and
Engineer, furnished all Special Services, and delivered all documents required by the Contract
Documents, Engineer will issue to Buyer and Seller a notice of acceptance. Seller may then
make application for final payment following the procedure for progress payments. The final
Application for Payment will be accompanied by all documentation called for in the Contract
Documents, a list of all unsettled Claims, and such other data and information as Buyer or
Engineer may reasonably require.
A. If, on the basis of final inspection and the review of the final Application for Payment and
accompanying documentation, Engineer is reasonably satisfied that Seller has furnished the
Goods and Special Services in accordance with the Contract Documents, and that Seller's has
fulfilled all other obligations under the Contract Documents, then Engineer will, within ten days
after receipt of the final Application for Payment, recommend in writing final payment subject to
the provisions of Paragraph 10.07 and present the Application to Buyer. Otherwise, Engineer
will return the Application to Seller, indicating the reasons for refusing to recommend final
payment, in which case Seller shall make the necessary corrections and resubmit the Application
for payment. If the Application and accompanying documentation are appropriate as to form and
substance, Buyer shall, within 30 days after receipt thereof, pay Seller the amount recommended
by Engineer, less any sum Buyer is entitled to set off against Engineer's recommendation,
including but not limited to liquidated damages to which Buyer is entitled.
1. a waiver of all Claims by Buyer against Seller, except Claims arising from unsettled liens
from non-conformities in the Goods or Special Services appearing after final payment,
from Seller's failure to comply with the Contract Documents or the terms of any special
guarantees specified therein, or from Seller's continuing obligations under the Contract
Documents; and
2. a waiver of all Claims by Seller against Buyer (other than those previously made in
accordance with the requirements herein and listed by Seller as unsettled as required in
Paragraph 10.05.A, and not resolved in writing).
11.01 Cancellation
A. Buyer has the right to cancel the Contract, without cause, at any time prior to delivery of the
Goods by written notice. Cancellation pursuant to the terms of this paragraph shall not constitute
a breach of contract by Buyer. Upon cancellation:
1. Buyer shall pay Seller for the direct costs incurred in producing any Goods that Seller has
specially manufactured for the Project, plus a fair and reasonable amount for overhead
and profit.
2. For Goods that are not specially manufactured for the Project, Seller shall be entitled to a
restocking charge of 10 percent of the unpaid Contract Price of such Goods.
A. Buyer has the right to suspend performance of the Contract for up to a maximum of ninety days,
without cause, by written notice. Upon suspension under this paragraph, Seller shall be entitled
A. Subject to the provisions of Paragraph 5.07.B, Seller may suspend the furnishing of the Goods
and Special Services only under the following circumstance:
1. Seller has reasonable grounds to conclude that Buyer will not perform its future payment
obligations under the Contract; and,
2. Seller has requested in writing assurances from Buyer that future payments will be made
in accordance with the Contract, and Buyer has failed to provide such assurances within
ten days of Seller’s written request.
A. Buyer’s Breach:
1. Buyer shall be deemed in breach of the Contract if it fails to comply with any material
provision of the Contract Documents, including but not limited to:
2. Seller shall have the right to terminate the Contract for cause by declaring a breach
should Buyer fail to comply with any material provisions of the Contract. Upon
termination, Seller shall be entitled to all remedies provided by Laws and Regulations.
a. In the event Seller believes Buyer is in breach of its obligations under the Contract,
Seller shall provide Buyer with reasonably prompt written notice setting forth in
sufficient detail the reasons for declaring that it believes a breach has occurred.
Buyer shall have seven days from receipt of the written notice declaring the breach
(or such longer period of time as Seller may grant in writing) within which to cure or
to proceed diligently to cure such alleged breach.
B. Seller’s Breach:
1. Seller shall be deemed in breach of the Contract if it fails to comply with any material
provision of the Contract Documents, including, but not limited to:
a. failure to deliver the Goods or perform the Special Services in accordance with the
Contract Documents,
2. Buyer may terminate Seller’s right to perform the Contract for cause by declaring a
breach should Seller fail to comply with any material provision of the Contract
Documents. Upon termination, Buyer shall be entitled to all remedies provided by Laws
and Regulations.
a. In the event Buyer believes Seller is in breach of its obligations under the Contract,
and except as provided in Paragraph 11.04.B.2.b, Buyer shall provide Seller with
reasonably prompt written notice setting forth in sufficient detail the reasons for
declaring that it believes a breach has occurred. Seller shall have seven days from
receipt of the written notice declaring the breach (or such longer period of time as
Buyer may grant in writing) within which to cure or to proceed diligently to cure such
alleged breach.
b. If and to the extent that Seller has provided a performance bond under the provisions
of Paragraph 4.01, the notice and cure procedures of that bond, if any, shall supersede
the notice and cure procedures of Paragraph 11.04.B.2.a.
A. Unless specifically stated elsewhere in the Contract Documents, Seller is not transferring any
intellectual property rights, patent rights, or licenses for the Goods delivered. However, in the
event the Seller is manufacturing to Buyer’s design, Buyer retains all intellectual property rights
in such design.
B. Seller shall pay all license fees and royalties and assume all costs incident to the use or the
furnishing of the Goods, unless specified otherwise by the Contract Documents.
A. Subject to Paragraph 12.01.A, Seller shall indemnify and hold harmless Buyer, Engineer and
their officers, directors, members, partners, employees, agents, consultants, contractors, and
subcontractors from and against all claims, costs, losses, damages, and judgments (including but
not limited to all reasonable fees and charges of engineers, architects, attorneys and other
professionals and all court or arbitration or other dispute resolution costs) arising out of or
relating to any infringement or alleged infringement of any United States or foreign patent or
copyright by any of the Goods as delivered hereunder.
B. In the event of suit or threat of suit for intellectual property infringement, Buyer will promptly
notify Seller of receiving notice thereof.
C. Seller shall promptly defend the claim or suit, including negotiating a settlement. Seller shall
have control over such claim or suit, provided that Seller agrees to bear all expenses and to
satisfy any adverse judgment thereof.
2. If Buyer fails to provide Seller the opportunity to defend such suit or claim after written
notice by Seller, Buyer shall be barred from any remedy against Seller for such suit or
claim.
D. If a determination is made that Seller has infringed upon intellectual property rights of another,
Seller may obtain the necessary licenses for Buyer’s benefit, or replace the Goods and provide
related design and construction as necessary to avoid the infringement at Seller’s own expense.
A. Buyer shall indemnify and hold harmless Seller, and its officers, directors, partners, employees,
agents, consultants, contractors, and subcontractors from and against all claims, costs, losses,
damages, and judgments (including but not limited to all reasonable fees and charges of
engineers, architects, attorneys and other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to any infringement or alleged infringement of
any United States or foreign patent or copyright caused by Seller’s compliance with Buyer’s
design of the Goods or Buyer’s use of the Goods in combination with other materials or
equipment in any process (unless intent of such use was known to Seller and Seller had reason to
know such infringement would result).
B. In the event of suit or threat of suit for intellectual property infringement, Seller must after
receiving notice thereof promptly notify Buyer.
C. Upon written notice from Seller, Buyer shall be given the opportunity to defend the claim or suit,
including negotiating a settlement. Buyer shall have control over such claim or suit, provided
that Buyer agrees to bear all expenses and to satisfy any adverse judgment thereof.
1. If Buyer fails to defend such suit or claim after written notice by Seller, Buyer will be
bound in any subsequent suit or claim against Buyer by Seller by any factual
determination in the prior suit or claim.
2. If Seller fails to provide Buyer the opportunity to defend such suit or claim after written
notice by Buyer, Seller shall be barred from any remedy against Buyer for such suit or
claim.
A. Neither Seller nor any other person furnishing any of the Goods and Special Services under a
direct or indirect contract with Seller shall: (1) acquire any title to or ownership rights in any of
the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or
bearing the seal of Engineer or its consultants, including electronic media versions; or (2) reuse
any of such Drawings, Specifications, other documents, or copies thereof on any other project
without written consent of Buyer and Engineer and specific written verification or adaptation by
Engineer. This prohibition will survive termination or completion of the Contract. Nothing
A. Unless otherwise stated in the Supplementary Conditions, copies of data furnished by Buyer or
Engineer to Seller, or by Seller to Buyer or Engineer that may be relied upon are limited to the
printed copies (also known as hard copies). Files in electronic media format of text, data,
graphics, or other types are furnished only for the convenience of the receiving party. Any
conclusion or information obtained or derived from such electronic files will be at the user’s sole
risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies
govern.
B. Because data stored in electronic media format can deteriorate or be modified inadvertently or
otherwise without authorization of the data’s creator, the party receiving electronic files agrees
that it will perform acceptance tests or procedures within 60 days, after which the receiving party
shall be deemed to have accepted the data thus transferred. The transferring party will correct
any errors detected within the 60-day acceptance period.
C. When transferring documents in electronic media format, the transferring party makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages, operating systems, or computer hardware
differing from those used by the data’s creator.
A. Either Buyer or Seller may initiate the mediation of any Claim decided in writing by Engineer
under Paragraph 9.06.B or 9.06.C before such decision becomes final and binding. The
mediation will be governed by the Construction Industry Mediation Rules of the American
Arbitration Association in effect as of the Effective Date of the Agreement. The request for
mediation shall be submitted in writing to the American Arbitration Association and the other
party to the Contract. Timely submission of the request shall stay the Engineer's decision from
becoming final and binding.
B. Buyer and Seller shall participate in the mediation process in good faith. The process shall be
concluded within 60 days of filing of the request. The date of termination of the mediation shall
be determined by application of the mediation rules referenced above.
C. If the mediation process does not result in resolution of the Claim, then Engineer’s written
decision under Paragraph 9.06.B or a denial pursuant to Paragraph 9.06.C shall become final and
binding 30 days after termination of the mediation unless, within that time period, Buyer or
Seller:
1. elects in writing to invoke any dispute resolution process provided for in the
Supplementary Conditions, or
3. if no dispute resolution process has been provided for in the Supplementary Conditions,
delivers to the other party written notice of the intent to submit the Claim to a court of
competent jurisdiction, and within 60 days of the termination of the mediation institutes
such formal proceeding.
ARTICLE 14 – MISCELLANEOUS
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if: 1) delivered in person to the individual or to a member
of the firm or to an officer of the corporation for whom it is intended, or 2) if delivered at or sent
by registered or certified mail, postage prepaid, to the last business address known to the giver of
the notice.
A. This Contract is to be governed by the law of the state in which the Point of Destination is
located.
B. In the case of any conflict between the express terms of this Contract and the Uniform
Commercial Code, as adopted in the state whose law governs, it is the intent of the parties that
the express terms of this Contract shall apply.
A. When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on
a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation.
A. The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any
way as a limitation of, any rights and remedies available to any or all of them which are
otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by
other provisions of the Contract Documents, and the provisions of this paragraph will be as
effective as if repeated specifically in the Contract Documents in connection with each particular
duty, obligation, right, and remedy to which they apply.
A. All representations, indemnifications, warranties and guarantees made in, required by, or given
in accordance with the Contract Documents, as well as all continuing obligations indicated in the
A. Buyer and Seller agree that this Agreement is the complete and final agreement between them,
and supersedes all prior negotiations, representations, or agreements, either written or oral. This
Agreement may not be altered, modified, or amended except in writing signed by an authorized
representative of both parties.
LIST OF SUBJECTS
SCOPE
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PSC-8 BUYER’S RIGHTS
PSC-8.01 Inspections and Testing
PSC-8.03 Correction Period
PSC-8.05 Right to Assign Contract
PSC-10 PAYMENT
PSC-10.05 Final Application for Payment
PSC-14 MISCELLANEOUS
PSC-14.01 Giving Notice
PSC-14.02 Controlling Law
PSC-14.04 Cumulative Penalties
PSC-14.05 Survival of Obligations
ATTACHMENTS
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SECTION 00 73 00
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like are not Contract Documents, and may not be relied on by Seller. Shop
Drawings and other Seller submittals are not Contract Documents, even if
accepted or reviewed by Engineer or Buyer.
24. Notice of Award - The written notice by Buyer to the Successful Proposer
stating that upon timely compliance by the Successful Proposer with the
conditions precedent listed therein, Buyer will sign and deliver the
Agreement.
30. Seller - The individual or entity furnishing the Goods and Special
Services. The terms Seller,Vendor, Manufacturer, SELLER, VENDOR, and
Fine Bubble Diffused Aeration System Supplier shall be interchangeable.
37. EJCDC Standard General Conditions for Procurement Contracts are also
referred to as Procurement General Conditions and General Conditions.
37. Accept - The receiving by either the District or the Seller with the intent
to retain. In so doing, the recipient may or may not acknowledge compliance
with the requirements. Acceptance does not convey approval.
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replaced, relocated, renumbered, or modified by the project, as well as all
future equipment, is also included.
44. Installation Contractor - The individual or entity with whom Buyer has
entered into an agreement to install the Goods.
45. Without Exception - The term "without exception", when used in the
Contract Documents following the name of a proprietary item of equipment,
product, or material, shall mean that the sources of the product are limited to
the listed manufacturers or products and that no like, equivalent, or "or-equal"
item and no substitution will be permitted.
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PSC-1.02. Delete Paragraph 2.03.A and replace with:
A. The words and terms discussed in Paragraphs 1.02.B and 1.02.C are not
defined, but have the indicated meanings when used in the Proposal
Requirements or Contract Documents.
PSC-2.02. Evidence of Insurance. Delete “(and other evidence of insurance which either
of them or any additional insured may reasonably request)”.
A. The Contract Times will commence to run on the thirtieth day after the
Effective Date of the Agreement or, if a Notice to Proceed is given, on the day
indicated in the Notice to Proceed. A Notice to Proceed may be given at any
time within 30 days after the Effective Date of the Agreement. In no event
will the Contract Times commence to run later than the sixtieth day after the
Due Date for proposals or the thirtieth day after the Effective Date of the
Agreement, whichever date is earlier.
A. Within 75 days after the Notice to Proceed for the Sacramento Regional
County Sanitation District’s Biological Nutrient Removal project, a
conference attended by Seller, Installation Contractor, Engineer, and Owner
and others as appropriate will be held to establish a working understanding
among the parties as to the Goods and Special Services and to discuss the
schedule referred to in Paragraph 2.06.A., procedures for handling Shop
Drawings and other submittals, processing Applications for Payment, and
maintaining required records.
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PSC-3. CONTRACT DOCUMENTS: INTENT AND AMENDING.
PSC-3.01. Intent. Add the following new sentence at the end of Paragraph 3.01.A of the
Procurement General Conditions:
The Procurement Documents as a whole will govern the Goods and Special Services
of the entire Project. The applicable provisions thereof will govern the Goods and
Special Services to be performed under each section of the Contract.
C. All work and materials shall be in full accordance with the latest adopted
standards and regulations of the State Fire Marshal; the Uniform Building
Code; Title 24 of the California Administrative Code; the National Electrical
Code; the Uniform Plumbing Code; National Fire Protection Act; and other
applicable codes, laws or regulations. Nothing in these plans or specifications
is to be construed to permit work not conforming to these requirements. When
the work detailed in the plans and specifications differs from governing codes,
the Seller shall furnish and install the higher standard. The Seller shall notify
the Engineer whenever a possible code violation is discovered in the Work. If
the higher standard so required is more expensive than the work detailed in
the plans and specifications, the Seller will be compensated for the additional
costs.
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ARTICLE 4 - BONDS AND INSURANCE
B. All Bonds shall be in the form prescribed by the Contract Documents except
as provided otherwise by Laws or Regulations, and shall be executed by such
sureties as are named in the current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in Circular 570 (amended) by the
Financial Management Service, Surety Bond Branch, U.S. Department of the
Treasury. All Bonds signed by an agent must be accompanied by a certified
copy of that individual’s authority to bind the surety. The evidence of
authority shall show that it is effective on the date the agent or attorney-in-fact
signed each bond.
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4.03. Certificates of Insurance.
A. Seller shall deliver to Buyer, with copies to each additional insured identified
in the Procurement Supplementary Conditions, certificates of insurance
which Seller is required to purchase and maintain.
C. Upon assignment of this Contract, Seller shall comply with the written request
of assignee to provide certificates of insurance to assignee.
D. Buyer does not represent that insurance coverage and limits established in this
Contract necessarily will be adequate to protect Seller.
E. The insurance and insurance limits required herein shall not be deemed as a
limitation on Seller’s liability under the indemnities granted to Buyer in the
Contract Documents.
The certificate of insurance shall indicate that all coverage is provided for on
an occurrence form.
1. Include at least the specific coverage's and be written for not less than
the limits of liability specified or required by Laws or Regulations,
whichever is greater;
4. Remain in effect until final payment and at all times thereafter when
Seller may be correcting, removing, or replacing non-conforming
Goods and Special Services in accordance with Paragraph 8.02;
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5. Contain a cross liability or severability of interest clause or
endorsement. Insurance covering the specified additional insureds shall
be primary insurance, to the extend of Seller’s indemnity obligations
and all other insurance carried by the additional insured’s shall be
excess insurance; and
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furnishing of the Goods and Special Services. The policy shall also include a
per project aggregate limit endorsement, personal injury liability coverage,
contractual liability coverage, completed operations and products liability
coverage.
E. Transportation Insurance. This insurance shall be of the "all risks" type and
shall include the Indemnified Parties as loss payees as their interests may
appear from all insurable risks of physical loss or damage to Goods in transit
until receipt at the Point of Destination. The coverage amount shall be one-
hundred and ten percent of the commercial invoice value of the Goods
shipped. Transportation insurance shall provide for losses to be payable to the
Buyer as their interests may appear.
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A. When any material or equipment is indicated or specified by patent or
proprietary name or by the name and catalog number unless followed by
words reading without exception, no others allowed, it shall be considered as
used for convenience in describing the material or equipment desired. The
use of an alternative material or equipment which is of equal quality,
operability, maintenance history, and reliability, and of the required
characteristics for the purpose intended may be permitted. The request for
substitution shall be made in writing and submitted in accordance with
SUBMITTAL PROCEDURES Section (01 33 00) with ample time to permit
approval without delaying the work. Until and unless such substitutions are
approved by the District Representative, no deviations from the specifications
shall be allowed. The burden of proof as to the quality and suitability of the
alternative shall be upon the Seller. The District Representative shall be the
sole judge as to the quality and suitability of alternative materials or
equipment.
PSC-5.06. Shop Drawings and Samples. Delete Paragraph 5.06 of the Procurement
General Conditions in its entirety. Requirements for Shop Drawings, Samples, and
submittal procedures shall be as specified in SUBMITTAL PROCEDURES Section (01
33 00).
PSC-5.07. Continuing Performance. Add the following words to the end of the last
sentence of Paragraph 5.07.A: …unless mutually agreed otherwise.
B. Seller warrants and guarantees to Buyer that all Goods and Special Services
will conform with the Contract Documents, and with the standards established
by any Samples accepted by Engineer. Engineer shall be entitled to rely on
representation of Seller’s warranty and guarantee. If the Contract Documents
do not otherwise specify the characteristics or the quality of the Goods, the
Goods shall comply with the requirements of Paragraph 5.02.B.
A. To the fullest extent permitted by law, Seller shall indemnify, defend, and
hold harmless the DISTRICT, the COUNTY OF SACRAMENTO, their
governing Boards, their officers, officials, employees, agents, and volunteers;
Black & Veatch, Corporation and BROWN AND CALDWELL/HDR
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ENGINEERING, INC., a Joint Venture and each of their subconsultants,
(collectively “Indemnified Parties”) from and against any and all claims,
demands, actions, losses, liabilities, damages, and all expenses and costs
incidental thereto (collectively “Claims”) including cost of defense,
settlement, arbitration, and reasonable attorneys' fees, resulting from injuries
to or death of persons, including but not limited to employees of either Party
hereto, and damage to or destruction of property, or loss of use or reduction in
value thereof, including but not limited to the property of either Party hereto,
arising out of, pertaining to, or resulting from the acts or omissions of Seller,
its officers, employees, or agents, or the acts or omissions of anyone else
directly or indirectly acting on behalf of Seller, or for which Seller is legally
liable under law regardless of whether caused in part by the concurrent
negligence of the DISTRICT, or any other party indemnified hereunder,
excepting only those Claims , to the extent, caused by the active
negligence or willful misconduct of an Indemnified Party. Seller shall not be
liable for Claims caused by the sole negligence of an Indemnified Party.
This indemnity shall not be limited by the types and amounts of insurance or
self-insurance maintained by the Seller or the Seller’s Subcontractors of any
tier.
Nothing in this Indemnity shall be construed to create any duty to, any
standard of care with reference to, or any liability or obligation, contractual or
otherwise, to any third party.
A. Seller will not be required to provide professional design services unless such
services are specifically required by the Contract Documents or unless such
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services are required to carry out Seller’s responsibilities for furnishing the
Goods and Special Services. Seller shall not be required to provide
professional services in violation of applicable law.
C. Buyer and Engineer shall be entitled to rely upon the adequacy, accuracy and
completeness of the services, certifications or approvals performed by such
design professionals, provided Buyer and Engineer have specified to Seller all
performance and design criteria that such services must satisfy or provided to
the Seller sufficient information in reports and/or on drawings to derive the
design criteria.
PSC-5.11 and 5.12. Concerning Subcontrators, Manufacturers, and Others. Add the
following new paragraphs immediately after Paragraph 5.10 of the Procurement General
Conditions:
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Subcontractor, manufacturer, or other individual or entity to furnish or
perform any of the Goods and Special Services against whom Seller has
reasonable objection.
B. Seller shall be fully responsible to Buyer for all acts and omissions of the
Subcontractors, manufacturers, and other individuals or entities performing or
furnishing any of the Goods and Special Services just as Seller is responsible
for Seller’s own acts and omissions. Nothing in the Contract Documents:
C. Seller shall be solely responsible for scheduling and coordinating the Goods
and Special Services of Subcontractors, manufacturers, and other individuals
or entities performing or furnishing any of the Goods and Special Services
under a direct or indirect contract with Seller.
E. The divisions and sections of the Specifications and the identifications of any
Drawings shall not control Seller in dividing the Goods and Special Services
among Subcontractors or manufacturers or delineating the Goods and Special
Services to be performed by any specific trade.
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B. In entering into a public works contract or a subcontract to supply goods,
services, or materials pursuant to a public works contract, the Proposer or
subcontractor offers and agrees to assign to the awarding body all rights, title
and interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2
[commencing with Section 16700] of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services, or materials
pursuant to the public works contract or the subcontract. This assignment
shall be made and become effective at the time the awarding body tenders
final payment to the Seller without further acknowledgment by the parties.
PSC-7.01. Changes in the Goods and Special Services. Add the following to the last
sentence of Paragraph 7.01A: “as mutually agreed in writing with the Seller.”
PSC 8.01. Inspections and Testing. In Paragraph 2, delete “except for”. Seller shall be
responsible for reasonable lodging, travel, airfare, and meals for up to 4 people
representing the Buyer and the Engineer.
A. The right of general supervision shall not make the Installation Contractor an
agent of the District. The liability of the Contractor for all damages to persons
or to public or private property, arising from the execution of the work, shall
not be lessened because of such general supervision.
A. District shall have the right to assign the contract to a third party as described
in PROCUREMENT AGREEMENT Section (00 52 11).
PSC-9.01. Duties and Responsibilities. Add the following sentence at the end of
Paragraph 9.01.A of the Procurement General Conditions:
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The action of the Engineer in performance of these duties shall not be construed to
make the Engineer the Agent for the Buyer with respect to changes in the cost of the
Goods and Special Services or changes in the Contract Documents.
A. Add the following new words at the end of the first sentence of Paragraph
9.05.A of the Procurement General Conditions;
…insofar as the subject matter of any pertinent claim, dispute, or other matter
falls within the realm of the technical expertise of Engineer.
B. Add the following new sentence at the end of Paragraph 9.05.A of the
Procurement General Conditions:
Engineer shall not render any decision on any claims, disputes, or other
matters that in the opinion of the Engineer, requires legal, rather than
technical, interpretation.
PSC-10. PAYMENT.
1. The first application for Payment will be submitted after review and
approval of all Shop Drawings and of all Samples required by the
Contract Documents.
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3. The application for Payment for ‘Delivery of Diffusers, Piping,
Accessories and Appurtenances’ will be submitted after receipt of the
Goods has been acknowledged in accordance with Paragraph 8.01.B
and will be accompanied by a bill of sale, invoice, or other
documentation reasonably satisfactory to the District’s Construction
Manager warranting that Installation Contractor has rightfully received
good title to the Goods from Seller and that, upon payment, the Goods
will be free and clear of all liens. Such documentation will include
releases and waivers from all parties with viable lien rights. In the case
of multiple deliveries of Goods, additional Applications for Payment
accompanied by the required documentation will be submitted as
Installation Contractor acknowledges receipt of additional items of the
Goods.
A. Application for Payment must be made to the Installation Contractor who will
upload the Application for Payment into PMWeb. A workflow has been
established in PMWeb for the review and concurrence with Payment
Application. Should the payment to the seller be withheld, through the
Installation Contractor, District Construction Manager's reasons for refusing
to recommend payment will be provided through PMWeb. In this case, Seller
may make the necessary corrections and withheld payments will be made in
the following payment cycle.
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Installation Contractor shall notify Seller promptly of any deficiency in the
documentation and shall not unreasonably withhold payment.
A. If, on the basis of final inspection and the review of the final Application for
Payment and accompanying documentation, the District Construction
Manager is reasonably satisfied that Seller has furnished to Installation
Contractor the Goods and Special Services in accordance with the Contract
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Documents, and that Seller's has fulfilled all other obligations under the
Contract Documents, then the District Construction Manager will, within ten
days after receipt of the final Application for Payment, recommend in writing
final payment subject to the provisions of Paragraph 10.07 and present the
Application to Installation Contractor. Otherwise, the District’s Construction
Manager will return the Application to Seller (through the Installation
Contractor), indicating the reasons for refusing to recommend final payment,
in which case Seller shall make the necessary corrections and resubmit the
Application for payment. If the Application and accompanying documentation
are appropriate as to form and substance, Buyer shall, within 30 days after
receipt thereof, pay Seller the amount recommended by the Distriction
Construction Manager, less any sum Installation Contractor is entitled to set
off against the District Construction Manager's recommendation, including
but not limited to liquidated damages to which Buyer is entitled.
PSC-12.02. Seller’s Infringement. Add the following to the end of Paragraph 12.02A:
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(2) reuse any of such Drawings, Specifications, other documents, or copies
thereof on any other project without written consent of Buyer and
Engineer and specific written verification or adaptation by entity
responsible for those documents. This prohibition will survive
termination or completion of the Contract. Nothing herein shall
preclude Seller from retaining copies of the Contract Documents for
record purposes.
PSC-13. DISPUTE RESOLUTION. Delete Article 13 in its entirety and replace with:
13.01. General:
B. The Seller shall continue to pursue completion of the Work even though a
dispute, disagreement or claim may occur.
C. It is understood that the terms dispute and claim may be used interchangeably
in the Contract Documents and shall have similar meaning and intent. A
dispute or claim is a request for a change in the Total Proposal Amount or a
request for a change in the Contract Time. All claims shall be pursued in
strict compliance with the Contract Documents and applicable statutes.
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F. Claims for $375,000 or less shall be in accordance with Section 20104 of the
Public Contract Code.
13.02. Notification:
C. Seller shall certify that the claim is not in violation of Section 12650-12655 of
the Government Code, False Claims Act.
C. Engineer shall review the facts of the dispute and may request additional
information, evidence or testimony. Engineer shall render a fair and impartial
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decision based on the Contract Documents and the evidence submitted by
District and Seller. A written decision shall be issued within 30 days of
submission of the latest information.
1. The referee’s final statement of decision shall be binding upon the District
and the Seller provided that the parties first have an opportunity to
comment on and seek changes to the proposed statement of decision.
Upon filing of the final statement of decision with the clerk of the court, or
with the judge where there is no clerk, the court may enter judgment
hereon. The decision of the referee shall be appealable as if rendered by
the court. This provision shall in no way be construed to limit any valid
cause of action which may be brought by District of the Contractor.
B. Seller agrees to utilize the dispute resolution methods cited in the Contract
before initiating legal action. Litigation shall be pursued through a
Sacramento County Court of appropriate jurisdiction or the United States
District Court for the Eastern District of California.
PSC-14. MISCELLANEOUS.
PSC-14.01. Giving Notice. Add the following Paragraph 14.01.B immediately after
Paragraph 14.01.A of the Procurement General Conditions:
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PSC-14.02. Controlling Law. Add the following to the end of the last sentence of
Paragraph 14.02.A: “unless determined otherwise by a court of competent jurisdiction.”
PSC-14.04. Cumulative Penalties. Replace the entire Paragraph 14.04.A with the
following Paragraph 14.04.A:
A. The duties and obligations imposed by these General Conditions and the
rights and remedies available hereunder to the parties hereto are in addition to,
and are not to be construed in any way as a limitation of, any rights, and
ermedites available to any or all of them herein.
B. Seller shall obtain from all manufacturers any and all warranties and
guarantees of such manufacturers, whether or not specifically required by the
Specifications, and shall assign such warranties and guarantees to Buyer.
With respect thereto, Seller shall render reasonable assistance to Buyer when
requested, in order to enable Buyer to enforce such warranties and guarantees.
The assignment of any warranties or guarantees shall not affect the correction
period or any other provisions of these Contract Documents.
**END OF SECTION**
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SECTION 01 33 00
SUBMITTAL PROCEDURES
PART 1 -- GENERAL
A. Submittals may include, but are not limited to, product data, shop drawings, test
procedures, test results, annotated PLC program listings, AutoCAD® generated
drawings, samples, requests for substitutions, descriptive data, certificates, methods,
schedules, marked contract drawings and specifications, manufacturer's installation and
other instructions, and miscellaneous work related items. Submittals also include all
other information as may reasonably be required, in the opinion of the District
Representative, to demonstrate fully that the materials and equipment to be furnished
and the methods of work comply with the provisions and intent of the contract
documents. Additional submittal requirements are specified in each individual section
of the specifications. Items to be submitted are specified in the individual technical
specification sections.
B. Minimum size lettering height on all submittals shall be 12 point font for text
documents, 1/16 inch height for 8-1/2 by 11 inch and 11 by 17 inch documents and
1/8-inch height for documents larger than 11 by 17. Electronic versions of submittals
shall be in Adobe Acrobat Professional Version 11.0, or higher and the Adobe PDF
documents will be created through electronic conversion rather than optically scanned
whenever possible. The submittals shall be submitted as individual specification
sections, and may be submitted one specification section at a time.
C. The review of the Seller's drawings or other descriptive material shall not relieve the
Seller of responsibility for any error or of any obligation for accuracy of dimensions
and details, for agreement and conformity with the contract drawings and
specifications, or responsibility to fulfill the contract as prescribed and required by the
GENERAL CONDITIONS FOR PROCUREMENT CONTRACTS Section (00 72 00)
and SUPPLEMENTARY CONDITIONS FOR PROCUREMENT CONTRACTS
Section (00 73 00). If errors or omissions exist in the Seller's submittals which are not
noted by the District during the District's review, it shall be the Seller's responsibility,
at no additional cost to the District, to correct the errors and omissions, to correct field
conditions, and to repair any damage inflicted to new or existing equipment and other
improvements as a result of the errors or omissions.
D. Where specified, the Seller shall furnish submittals to the Buyer Representative for
information only. An electronic version and two hard copies of these submittals
and full size reproducible hard copies on 20 lb white bond for document/drawings
larger than 11 by 17 inches shall be transmitted to the Buyer Representative.
Designation "For Information Only" does not preclude the Buyer Representative from
reviewing or commenting on the submittal contents as specified in this section.
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E. All other submittals shall be submitted by the Seller to the Buyer Representative for
review and comment. An electronic version and two hard copies of these submittals
and, 1 full size reproducible hard copies on 20 lb white bond for document/drawings
larger than 11 by 17 inches shall be transmitted to the Buyer Representative.
F. All submittal data including shop drawings will become part of the O&M data and
project records furnished under the OPERATION AND MAINTENANCE DATA
Section (01 78 23). All changes or modifications during construction to original
equipment submittals must be recorded and become part of the project record and
O&M process as outlined in their respective sections.
1.02 DEFINITIONS
A. GENERAL:
B. BILL OF MATERIALS:
1. Materials identified on the drawings and listed by item number, a brief description,
manufacturer, model number (and/or page number), serial number (if available),
and quantity used. Associated equipment numbers must be shown. The items must
match the field installation and the drawing.
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facturer, the product and the referenced standard and shall state that the manufacturer
certifies that the product conforms to all requirements of the project specification and
of the referenced standards listed.
2. If review and comment indicates limited corrections are required, copies will be
returned marked "MAKE CORRECTIONS NOTED". Seller may proceed with
manufacture at his own risk on the basis of incorporating all comments noted on
the returned drawings and data, and shall revise and resubmit drawings within 14
calendar days after the date of the return of the submittals to the Seller.
3. If review and comment indicates insufficient or incorrect data has been submitted,
copies will be returned marked "AMEND AND RESUBMIT." The Seller is not
authorized to begin manufacture of the equipment covered by this submittal until
the submittal document is revised, resubmitted and returned marked either "NO
EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED".
C. Designation of submittal documents "for information only," does not preclude the
District’s Representative from reviewing or commenting on the submittal contents.
Information only submittals returned to the Seller marked "AMEND AND
RESUBMIT" or "REJECTED - SEE REMARKS" shall be revised and resubmitted by
the Seller.
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PART 2 -- PRODUCTS
A. GENERAL:
1. Shop drawings shall include data of all forms which have been custom prepared for
the Fine Bubble Diffused Aeration System. This includes detail drawings for
assemblies and systems which are installed or fabricated as a part of this Fine
Bubble Diffused Aeration System. All shop drawings shall be drawn in CAD
format, as specified in this section, at an approved drawing scale. Also included
are drawings and data which show fabrication, layout, setting or erection details.
This includes any data which is prepared by the Seller, and Seller’s subcontractors,
vendors, suppliers, manufacturers or their representatives, specifically for the
Goods and Special Services.
2. Shop drawings shall have drawing numbers, scale, revision date and number, Seller
name, subcontractor name, supplier name, name of detailer or engineer who
prepared the document, relation to adjacent structures, materials, drawing cross
references, standards references, Seller's certification stamp, and registered
engineer's stamp, if required, shown on them. Maximum sheet size shall be 22
inches by 34 inches. Minimum sheet size for drawings shall be 11 inches by 17
inches, except as allowed by the District Representative.
3. Shop drawings specifically prepared for this project shall be created in Computer-
Aided Drawing (CAD) format, using the most current AutoCAD® software, by
Autodesk, Inc.
B. CAD DRAWINGS:
1. All drawings shall be prepared in a CAD format, using the most current AutoCAD®
software by Autodesk, Inc. The following drawings are specifically required in
CAD format:
a. Panel drawings including area control centers (ACC), panel fabrication, layout
and point-to-point wiring (connection diagrams).
e. Interconnect drawings.
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2. All CAD drawings shall comply with the United States National CAD Standard®
(NCS). All Contractor submissions requiring CAD shall be in accordance with
NCS Version 5.0, or the latest release, and the U.S. National BIM Standard
(NBIMS). Additional information or clarification can be obtained from the United
States National CAD Standard® (NCS) website at
www.nationalcadstandard.org/ncs5. The National Institute of Building Sciences
owns the copyright to the work known as the United States National CAD
Standard® (NCS) and reserves all rights to said work under United States and
international law.
2) All annotation shall be a minimum 1/8-inch Arial for full size drawings and
a minimum 1/16-inch Arial for half size drawings.
3) All arrowheads shall match the font size (1/8-inch) of the annotation in the
drawing.
3. The Contractor shall require that the CAD drawings prepared by all subcontractors
or vendors meet the requirements of these standards.
4. The Contractor shall upload the submittal drawing files (in both native and pdf
format) to the Program Controls System in accordance with the ELECTRONIC
COMMUNICATION PROTOCOLS Section (01 31 26).
A. Product data shall include data of all forms which define design, performance and
function of manufactured products or materials. This includes all preprinted literature,
performance specifications, drawings, instruction manuals, and data which are
available from the original equipment manufacturer and/or supplier. Product data shall
also include all software and firmware encoded on programmable device readable
media. Product data shall be submitted for all manufactured products and material as
specified in this section and in the Technical Specifications, Divisions 03
through 50.
A. These include, but are not limited to, warranties, guarantees, certifications,
maintenance agreements, quality testing reports and similar information, devices and
materials.
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2.05 OPERATION AND MAINTENANCE INSTRUCTIONS
A. Refer to the OPERATION AND MAINTENANCE DATA Section (01 78 23) for the
submittal requirements of operation and maintenance instructions. Operation and
maintenance instructions will not be submitted until approved equipment or material
submittals are received.
PART 3 -- EXECUTION
A. GENERAL:
1. Submittals shall be reviewed and coordinated by the Seller before transmittal to the
Buyer. Submittals shall be complete and fully identified by the Seller.
B. PREPARATION:
1. Each submittal shall contain documents which are related to only one material,
product or system. Normally, a separate transmittal form shall be used for each
specific item or class of material, equipment or system. Exceptions may be
allowed only when the items taken together constitute a manufacturer's "package"
or are so functionally related that expediency indicates checking or review of the
group or "package" as a whole. The Seller shall mark each submittal document with
the submittal number, letter suffix and item number.
2. Prior to preparation of the Fine Bubble Diffused Aeration System package, the
Seller shall arrange for an 8-hour pre-submittal meeting, to be attended by the
Buyer, Seller, Engineer, Contractor, and District’s Representative. The purposes of
the pre-submittal meeting will be to discuss how the submittal package will be
organized, content of the submittal package, anticipated schedule for submittal and
review, major features of the equipment/materials and basic compliance with
specified equipment/materials, and coordination needed with related
equipment/material submittals.
C. TRANSMITTAL FORM:
1. The District Representative will define a submittal numbering scheme which the
Seller shall use. Items omitted, or incorrectly or ambiguously listed on the
transmittal form will be deemed to be not included in the submittal. Where items
listed in the transmittal by equipment number conflicts with other descriptions
contained in the submittal, the listed equipment numbers shall be deemed to be the
intended scope. The Seller shall bear all costs and damages sustained to the
District attributable to omitted, or incorrectly or ambiguously listed submitted
items.
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2. Completed transmittal forms shall be provided in duplicate. Each transmittal form
shall contain the following information as a minimum:
a. Date
h. Previous submittal number and item number for each submittal document
D. DOCUMENT IDENTIFICATION:
1. If multiple items are included within a single submittal, each separate document
within the submittal shall contain the following information:
c. Manufacturer's name
d. Equipment number
E. RESUBMITTALS:
3. Time extensions will not be granted for delays resulting from the necessity for the
Seller to provide resubmittals due to inaccurate, incomplete or rejected submittals.
2. These review periods do not include any time that the District Representative
cannot proceed further with the review because of having to wait for further
information of clarification from the Seller.
3. Normally, initial submittals will be returned to the Seller within 30 days, and
resubmittals will be returned within 20 days, exclusive of any time awaiting
clarification or further information. However, the time for return will necessarily
vary and may exceed the time described above depending upon the complexity of
the submittal, the number of submittals, and the express needs of the Seller.
4. Submittals for material or equipment which are not specified by name, and which
are being submitted as an "or equal" to that specified and submittals for material or
equipment with arrangements or requirements that are different than that shown in
the contract documents, will normally require 42 days for the initial review process.
G. SELLER'S RESPONSIBILITIES:
1. The Seller shall review submittals before they are transmitted to the District
Representative to ensure that there are no conflicts with other submittals. The
Seller shall coordinate submittals from subcontractors and suppliers to ensure that
they are complete and that there are no conflicts.
2. The Seller is responsible for errors and omissions in submittals even though the
District’s Representative reviews the submittal.
3. The District Representative shall be notified in writing at the time the submittal is
transmitted of deviations from the requirements of the contract documents. The
Seller is responsible for correcting deviations from the contract documents even
though the District Representative has reviewed the submittal, unless the deviations
are clearly described in writing in the submittal transmittal form.
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4. The Seller shall be responsible for distributing submittals which have been returned
with the District’s Representative's action to subcontractors and suppliers.
5. No changes shall be made by the Seller in any submittal after it has been approved.
The equipment or materials provided shall not deviate from the submittal
documents which are stamped with the "No Exceptions Taken" or "Make
Corrections Noted" stamp in any way except with written approval by the District
Representative.
6. The Seller shall certify on each submittal document that the submittal has been
reviewed, field conditions have been verified and contract documents have been
complied with.
7. The Seller may authorize a material or equipment supplier to deal directly with the
District Representative with regard to such submittals; however, ultimate
responsibility for the accuracy and completeness of the information contained in
the submittal shall remain with the Seller.
3. The Seller shall submit a brief description of the proposed substitution prior to
preparing a detailed submittal. The brief description shall be submitted on a
Request for Substitution/Construction Incentive Change Proposal (CICP) form.
Within 15 working days, the District Representative will review the proposal in
concept and respond. If the District Representative accepts the concept of the
substitution, the Seller may prepare a detailed submittal conforming to the
requirements of this section.
4. Any cost differential associated with a request for substitution must be negotiated
with the District Representative. These costs or savings must be covered by a
change order which modifies the contract documents.
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3.02 PROPRIETARY INFORMATION
A. All of the information required herein shall be provided even though it may be
considered to be proprietary. If any of the information required herein is considered to
be proprietary, the District's standard proprietary agreement shall be executed between
the District and the Seller, prior to contract award, stipulating that all such information
will be supplied by the Seller and kept confidential by the District.
B. Not more than 90 percent of all work shall be paid for until all proprietary information
has been submitted and approved. Proprietary information shall describe the final
as-built equipment. No part of the work covered by the proprietary agreement shall be
modified after proprietary submittal acceptance until after updated proprietary
information has been submitted by the Seller and accepted by the District. Updated
proprietary information shall fully document all modifications to be implemented. All
proprietary data shall be marked "PROPRIETARY" by the Seller.
**END OF SECTION**
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SECTION 01 61 11
2. COORDINATION. Seller shall coordinate all details of the equipment with other
related parts of the Goods and Special Services, including verification that all wiring and
equipment components are compatible.
Except where otherwise specified, structural and miscellaneous fabricated steel used in
equipment shall conform to AISC standards. All structural members shall be designed
for shock or vibratory loads. When dissimilar metal components are used, consideration
shall be given to prevention of galvanic corrosion.
6. ANCHOR BOLTS. Equipment suppliers shall furnish suitable anchor bolts for each
item of equipment. Anchor bolts, together with templates or setting drawings, shall be
delivered sufficiently early to permit setting the anchor bolts when the structural concrete
is placed. Anchor bolts shall comply with the Anchorage in Concrete and Masonry
section to be included under the general contract and, unless otherwise specified, shall be
at least 3/4 inch in diameter.
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Unless otherwise indicated or specified, anchor bolts for items of equipment mounted on
baseplates shall be long enough to permit 1-1/2 inches of grout beneath the baseplate and
to provide adequate anchorage into structural concrete. Prior to shop drawing submittals,
Engineer will provide Installation Contractor concrete strength information in order to
assist equipment suppliers with anchor bolt sizing.
**END OF SECTION**
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SECTION 01 65 00
PART 1 -- GENERAL
A. Equipment, products and materials shall be shipped and handled in ways which will
prevent damage to the items. Damaged items will not be accepted.
1.02 EQUIPMENT
1. Deliveries to the SRWTP must include the contract number and name of the project
on all delivery manifests.
2. All equipment shall be protected against damage from moisture, dust, handling, or
other cause during transport from manufacturer's premises to the Final Destination.
Each item or package shall be marked with the number unique to the specification
reference covering the item.
3. Stiffeners shall be used where necessary to maintain shapes and to give rigidity.
Parts of equipment shall be delivered in assembled or subassembled units where
possible.
B. IDENTIFICATION
1. Each item of equipment shall have permanently affixed to it a label or tag with its
equipment number designated in this contract. Label or tag shall be of stainless
steel. Location of label will be easily visible.
1. Bearing housings, vents and other types of openings shall be wrapped or otherwise
sealed to prevent contamination by grit, dirt and water vapor.
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D. STORAGE
1. During the interval between the delivery of equipment to the site and installation all
equipment, unless otherwise specified, shall be stored by the Installation Contractor
per the recommendations of the Seller. The Seller shall provide these
recommendations as part of their proposal. The Seller shall also review the
Installation Contractor’s storage plan to confirm compliance with Seller’s storage
recommendations. At a minimum, Installation Contractor shall install equipment in
an enclosed space affording protection from weather, dust and mechanical damage
and providing favorable temperature, humidity and ventilation conditions to ensure
against equipment deterioration. Specific care and attention must be paid to
exposure to UV light (sunlight). Diffusers must be protected from sunlight
exposure at all times.
1. After installation, the Installation Contractor shall protect all equipment from
damage from, including but not limited to, dust, abrasive particles, debris and dirt
generated by the placement, chipping, sandblasting, cutting, finishing and grinding
of new or existing concrete, terrazzo and metal; and from the fumes, particulate
matter, and splatter from welding, brazing and painting of new or existing piping
and equipment. Specific care and attention must be paid to exposure to UV light
(sunlight). Diffusers must be protected from sunlight exposure at all times. As a
minimum, vacuum cleaning, blowers with filters, protective shieldings, and other
dust suppression methods will be required at all times to adequately protect all
equipment. The protection of equipment shall also apply to disassembled
equipment. During concreting, including finishing, all equipment that may be
affected by cement dust must be completely covered. During painting operations,
all equipment nameplates, grease fittings, and similar openings shall be covered to
prevent the entry of paint. Electrical switchgear, unit substation, and motor load
centers shall not be installed until after all concrete work and sandblasting in those
areas have been completed and accepted and the ventilation systems installed.
F. PREVENTIVE MAINTENANCE
1. All equipment in storage and during and after installation shall be maintained by
qualified Installation Contractor personnel. Installation Contractor shall set up a
preventive maintenance program for all equipment. This program shall be reviewed
by the Seller to confirm compliance with Seller’s preventive maintenance
recommendations. This program shall include as a minimum all manufacturer's
recommendations and operation and maintenance manual requirements for the
preventive maintenance of each piece of equipment including environmental,
lubrication and rotation procedures. Record sheets of the preventive maintenance
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program shall be submitted to the District Representative monthly in accordance
with the SUBMITTAL PROCEDURES Specification Section (01 33 00).
1.03 SUBMITTALS
A. Prior to equipment delivery, Seller shall submit pre and post installation preventive
maintenance (PM) instructions recommended by the Seller.
**END OF SECTION**
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SECTION 01 67 00
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Seismic Design Data for Building Structures
Risk Category III
Design short period spectral response 0.584g
acceleration, SDS
Design one second period spectral response 0.361g
acceleration, SD1
Importance factor, I 1.25
Seismic Design Category D
Seismic Design Data for Non-structural
Components:
Design short period spectral response 0.584g
acceleration, SDS
Component importance factor, IP As indicated in the Non-
Structural Component Schedule
Seismic Design Category D
Seismic Design Data for Non-building Structures
Occupancy Category
Design short period spectral response
acceleration, SDS
Design one second period spectral response
acceleration, SD1
Mapped MCE one second period spectral
response acceleration, S1
Importance factor, I As indicated in the Non-Building
Structure Schedule or in the
applicable reference documents,
whichever is greater.
4. SEISMIC DESIGN.
4-1. General. Structural systems shall provide continuous load paths, with adequate
strength and stiffness to transfer all seismic forces from the point of application to the
point of final resistance.
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4-2. Non-Structural Components. Non-structural components are architectural,
mechanical, and electrical items that are permanently attached to and supported by a
structure but are not part of the structural system, as indicated in Chapter 13 of ASCE 7,
and in the Non-Structural Components Schedule.
The Non-Structural Components Schedule identifies the components that require some
level of seismic design. The requirements of this paragraph are applicable only to the
items listed in the Non-Structural Components Schedule.
All components, and the anchorage of those components to the main structure, shall be
shown on construction documents prepared and sealed by a registered design professional
that is licensed in the state of the project. The construction documents shall be submitted
in accordance with the Submittal Procedures section. Structural calculations, shake table
testing, or experience data used to certify the component shall be submitted.
Non-structural components shall be attached so that seismic forces are transferred to the
structural system. Curbs that support roof-mounted equipment shall be designed to
transfer forces from the equipment into the main structural roof members. All structural
attachments shall be bolted, welded, or otherwise positively fastened. Frictional
resistance due to gravity shall not be considered in evaluating the required resistance to
seismic forces.
When the Non-Structural Components Schedule indicates that seismic design of any
component is required, the component shall be designed to be operable during and
following a design level seismic event without collapsing, breaking away from supports,
creating an ignition hazard, or releasing any contents.
“Wp” shall include the total operating weight of the component or system, including, but
not limited to, any insulation, fluids, and concentrated loads such as valves, condensate
traps, and similar components.
Seismic effects that shall be analyzed in the design of piping systems include the dynamic
effects of the piping system, contents, and supports. The interaction between piping
systems and the supporting structures, including other mechanical and electrical
equipment, shall also be considered.
**END OF SECTION**
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Non-Structural Components Schedule
Component Applicable Importance Design of Supports Design of Component
Specification Factor (Ip) and Attachments
Section
Fine Bubble Diffused Aeration System 46 51 31 1.0 x
46 51 33
PART 1 -- GENERAL
A. The work consists of providing equipment operation and maintenance (O&M) data in
conformance with the requirements of this specification.
B. The Seller shall submit O&M data after the subject equipment or material submittal has
been approved. The O&M data submittal will be returned if it is included with the
equipment or material submittal.
C. O&M data submittals shall be prepared and submitted in accordance with this
specification and the SUBMITTAL PROCEDURES Section (01 33 00).
1.02 PAYMENT
A. Payment for any system, equipment, or material for which O&M data are required shall
be as specified in the PROCUREMENT AGREEMENT SECTION (00 52 11),
GENERAL CONDITIONS Section (00 72 00) and SUPPLEMENTARY
CONDITIONS Section (00 73 00).
PART 2 -- PRODUCTS
2. 01 GENERAL REQUIREMENTS
A. Each document in the O&M data shall include the Equipment Tag Number/Location
ID and associated auxiliary Equipment Tag Number that it represents.
B. The manufacturer's standard documents shall be neatly marked with arrows or boxes to
indicate the specific information that is applicable to the equipment, assembly,
subassembly, or material supplied.
C. All O&M data materials shall be made from either original materials or a first
generation photocopy. Original materials shall be published literature or computer
printouts with resolution of at least 600 dots per inch (dpi). Photo copies, scanned
copies, and FAX transmittals are not acceptable.
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D. O&M data shall be organized into one electronic document bookmarked using an
Adobe Acrobat PDF format and submitted to the Buyer in accordance with the
SUBMITTAL PROCEDURES Section (01 33 00).
E. The District reserves the right to be the sole authority on quality and legibility of O&M
data materials.
F. The District reserves the right to delay commissioning if the O&M data submittals are
incomplete, inaccurate, or otherwise unsuitable for use by the District’s O&M staff. No
contract extensions or extra costs will be allowed for delays in commissioning due to
O&M data submittal delays.
2.02 SUBMITTALS
A. The following information shall be submitted for review in accordance with the
SUBMITTAL PROCEDURES Section (01 33 00):
a. Mark “NA” for requirements that do not apply, and if the submittal does not
conform to a requirement, explain the exception.
c. If deviations from the specification are indicated, and therefore requested by the
Contractor, each deviation shall be underlined and denoted by a number in the
margin to the right of the identified paragraph referenced to a detailed written
explanation for requesting the deviation.
e. The remaining portions of the paragraph not underlined will signify compliance
on the part of the Contractor with the specification.
B. DELIVERABLES:
1. EQUIPMENT SUBMITTAL:
a. Within 30 calendar days after the completion of the vendor training, the District
will provide comments to the Contractor to be addressed in the draft final
submittal. District comments will be formally addressed and incorporated into
the draft final O&M data submittal. The draft final O&M data submittal, due 30
calendar days after receipt of District comments, shall be submitted
electronically along with two (2) hard copies of the draft final sets. The O&M
data draft final submittal shall reflect the resolution of all comments to the
previous submittal, from the training sessions, and from any completed testing
and commissioning.
a. Within 30 calendar days after substantial completion, the District will notify the
Contractor of deficiencies in the draft final submittal. The Contractor shall
revise and replace, remove, or add documents to correct any such deficiencies.
Such revisions will include whatever changes are necessary to reflect “as-built”
conditions, such as instrument settings, field changes of panels, electrical
equipment, etc. Such revisions shall also include resolution of any comments
from commissioning and follow up training sessions. Submission of the O&M
data final submittal shall be submitted and District approved prior to Field
Acceptance.
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b. Deficiencies corrected in paper copies may be made piecemeal by the Seller, or
complete sets may be returned one at a time for corrections, at the Seller’s
option. Electronic versions of the O&M data shall be corrected by submitting
the document, in its entirety, to the Installation Contractor who shall load the
document to the project controls website.
PART 3 -- EXECUTION
A. COVER SHEET
1. The cover sheet shall show a functional title of the system, equipment or material;
list of the Equipment Tag Number(s), including all associated auxiliary Equipment
Tag Number(s), and corresponding functional description(s); revision date; and
specification reference.
B. TABLE OF CONTENTS
1. The table of contents shall give a detailed description of what is in each tab,
including applicable Equipment Tag Number.
2. List and explain the various warranties and include the servicing and technical
precautions prescribed by the manufacturers or contract documents to keep
warranties in force. Where warranty is conditional on the manufacturer’s approval
of the installer, submit the manufacturer’s approval of the installing firm.
D. TECHNICAL DATA
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3. Provide protective device settings and safety information.
1. The O&M Manuals must explain and illustrate clearly and simply the principles
and theory of operation, operating instructions, and preventive and corrective
maintenance precautions and procedures to be followed. The O&M Manuals and
appurtenant materials shall be written entirely in English and all dimensions shall
be in English units. The manuals shall include the following information, as
applicable:
a. OPERATING INSTRUCTIONS:
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b. PREVENTIVE MAINTENANCE (PM)
The craft responsible and the person’s skill level for performing the PM
(i.e., operator, mechanic, electrician, or control systems technician);
c. CORRECTIVE MAINTENANCE
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4) PARTS LIST: Provide a complete list of components and parts which make
up the equipment or assembly. All parts and components listed shall be
identified using arrows or boxes by the original manufacturer's name and
part number. Enough information shall be provided to allow purchasing of
parts from any supplier who may stock them. If listed components or parts
are themselves repairable and made up of components and parts, parts lists
shall be provided for them to all repairable levels. The parts list shall have
the generic title, identification number, and material of construction of each
component part of equipment. Include the bearing manufacturer for every
bearing.
F. SHOP/REPAIR MANUAL
1. Provide a Shop or Repair Manual written by the manufacturer specifically for the
equipment or assembly. The manual shall include additional troubleshooting tips,
routine maintenance hints, and specific repair information not found in a standard
O&M manual, includes references to specialized tools and other information
uniquely known by the manufacturer.
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G. SUPPLEMENTAL DRAWINGS AND INSTRUCTIONS
a. Fabrication details
d. Installation drawings
H. SUBMITTAL DATA
**END OF SECTION**
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ATTACHMENT A
SPARE PARTS
1.01 GENERAL
A. During construction and commissioning, the Seller shall be responsible for and bear
the costs for providing replacement parts under the warranty requirements for each
item of equipment to meet the construction and commissioning testing schedule and
contract completion schedule.
The Seller’s bid shall include costs for spare parts, as identified in FLEXIBLE
MEMBRANE TUBE DIFFUSERS Section (46 51 31) or FLEXIBLE MEMBRANE
DISC DIFFUSERS Section (46 51 33).
B. Furnishing, storing, and maintaining a supply of on-hand spare parts for construction
and commissioning shall be at the discretion of the Seller. Upon completion of the
contract, the District shall determine if the uninstalled replacement spare parts will be
retained or returned to the Seller.
C. The manufacturer shall submit a list of recommended spare parts and special tools in
accordance with the OPERATION AND MAINTENANCE DATA Section (01 78 23).
**END OF SECTION**
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SECTION 01 79 10
TRAINING
PART 1 -- GENERAL
1.01 DESCRIPTION
A. Where specified for individual pieces of equipment or systems, the Seller shall make
available experienced factory-employed representatives of the manufacturers to
provide training for the Buyer's personnel in the operation and maintenance thereof.
D. Qualifications of the individual(s) providing the training shall be provided with the
lesson plan submittals.
E. Additional training requirements for hardware and software (e.g., equipment and
process control systems) shall be specified in the individual technical specification
sections. In the case of conflict, the Contractor shall bring the matter to the attention of
the District Representative for resolution.
G. Vendor training shall consist of a combination of both classroom and field training.
Pre-operational testing of the given equipment shall be satisfactorily completed prior to
the training sessions. If required, the instructors will return to the site of Work to
conduct the remaining training sessions with the equipment fully functional and
operating.
H. Unless otherwise specified, vendor training shall be completed prior to the Start-Up
phase of commissioning.
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I. The Seller shall co-ordinate training deliverables and schedule with the Buyer’s
Installation Contractor. The Buyer’s Installation Contractor shall load the documents to
the project controls website.
1.02 SEQUENCE
A. Coordination and scheduling of the training sessions with District staff shall be
initiated immediately after Notice to Proceed. In accordance with the
COMMISSIONING Section (01 91 00), the Contractor’s Commissioning Coordinator,
or a representative thereof, shall coordinate the training sessions with District
personnel and the manufacturer’s representatives. The training schedule for each piece
of equipment or system for which training is to be provided shall be included with the
commissioning testing schedule. The vendor training sessions shall be identified in the
monthly and three-week look ahead test schedules.
C. Unless otherwise specified, the vendor training shall be completed prior to the
beginning of the Start-Up phase of commissioning. Coordination and scheduling of the
training sessions with Buyer staff shall be initiated immediately after Notice to
Proceed.
D. The shall notify the Buyer Representative and provide a detailed training schedule at
least 35 calendar days prior to the start of each training session. Unless otherwise
specified, all training for a particular type of equipment or for equipment specified in a
technical specification section shall be conducted on consecutive working days. At the
direction of the Buyer Representative, certain sessions of training may be required to
be conducted on specific days of the week to accommodate the attendees’ scheduling
requirements. At least 10 calendar days’ notice shall be given to the Buyer
Representative if the Seller must postpone any training (including additional training).
If any training session is postponed or canceled by the Seller without at least 10
calendar days’ notice, the Seller shall pay to the Buyer all expenses incurred by the
Buyer as a result of the postponement or cancellation. The Seller is advised that such
expenses shall include, but not be limited to, labor for all scheduled attendees, possibly
on overtime. At least 21 calendar days’ notice shall be required to reschedule any
training session postponed at the Seller's request.
E. The Seller shall submit the training lesson plans and materials in accordance with the
SUBMITTAL PROCEDURES Section (01 33 00). The lesson plan shall be accepted
by the Buyer at least 30 calendar days prior to the scheduled training session.
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1.03 CONTRACTOR COORDINATION
PART 2 -- PRODUCTS
A. Formal written lesson plans shall be prepared for each training session and shall
include the subject of each training session, qualifications of the individual(s)
conducting the training, and the tentative date and time of each training session. Lesson
plans shall contain an outline of the material to be presented along with a description of
visual aids to be used during the session. Each lesson plan shall contain a time
allocation for each subject.
B. A complete set of lesson plans, training manuals, handouts, visual aids, and reference
materials shall be submitted in electronic format, in a form acceptable to the Buyer. In
addition, one complete set of original lesson plans, training manuals, handouts, visual
aids, and reference materials shall be furnished and will be the property of the Buyer.
The documents shall be suitably bound for proper organization and easy reproduction
at least one week prior to each training session.
C. A skeleton lesson plan outline is attached as Attachment A, at the end of this section,
Sample Lesson Plan Outline Contents. At a minimum, lesson plans shall include the
information in the outline as well as other information as specified herein.
PART 3 -- EXECUTION
A. Provide number and length of training sessions to meet the training requirements
specified in the technical specification sections for the individual items of equipment as
summarized in Attachment B, at the end of this section, Vendor Training Sessions. In
the case of conflict between Attachment B and the technical specification sections, the
technical specification sections shall rule.
B. During the training, the instructors shall ensure the methods for performing
maintenance activities is compliant with OSHA standards and regulations.
C. Each training session shall be comprised of time spent both in the classroom and at the
specific location of the subject equipment or system. Attendees may include members
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of operations, mechanical maintenance, control and instrumentation maintenance,
electrical maintenance, preventive maintenance craft staffs, other Buyer personnel,
EchoWater personnel, and Engineer’s personnel. The total hours of training specified
shall be divided into sessions which shall be targeted to the craft attending the session.
As a minimum, the following services shall be provided for each item of equipment or
system as required in the individual technical specification sections. Additional
services shall be provided, where specifically required in the individual technical
specification sections.
1. Familiarization
d. Review catalog, parts lists, drawings, etc., which have been previously provided
for the plant files and O&M manuals.
e. Check out the installation of the specific equipment items and the following, if
applicable:
f. Demonstrate the unit and indicate how all parts of the specifications are met.
g. Answer questions.
2. Safety
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3. Operation
f. During Start-up after the blower tuning has been completed; provide hands on
training for the portable pressure monitoring control panel.
4. Inspection Checklists
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8) Required equipment exercise procedures and intervals; perform the required
equipment exercise procedures.
a. Demonstrate how to acquire, interpret, and apply the PM work orders, SOPs,
and LOTO procedures.
a. Provide discussion on the relationship between the corrective issues and the
PMs intended to prevent them.
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d. Demonstrate routine disassembly and assembly of equipment if applicable (as
judged by the Buyer on a case-by-case basis) for purposes such as operator
inspection of equipment.
7. Parts
a. Instruction shall include reference to the integration of parts required for the
PM and CM and accessing the information through the Buyer’s computerized
maintenance management system.
b. Show how to use previously provided parts list and order parts.
c. Make recommendations regarding spare parts that should be kept in stock at the
plant.
e. Local Representatives
a) Name
b) Address
c) Telephone
2) Service problems
a) Who to call.
8. O&M Manuals
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3.02 DIGITAL RECORDING
A. The Buyer may retain the services of a commercial digital recording service (or in-
house service) to record each training session. After recording, the material will be
edited and supplemented with professionally produced graphics to provide a permanent
training record. The Seller shall advise all manufacturers providing training sessions
that the material will be digitally recorded and shall make available to the Buyer’s
Digital Recording Contractor (or Buyer) such utility services and accommodation as
may be required to facilitate the production of the digital record.
3.03 LOCATION
A. Unless otherwise directed, the classroom portion of the training sessions shall take
place at the site of the Sacramento Regional Wastewater Treatment Plant.
A. Classes shall be scheduled such that classroom sessions are interspersed with field
instruction in a logical sequence. Pre-operational testing shall be satisfactorily
completed prior to training. Concurrent classes will not be allowed. The Seller shall
coordinate the training sessions to prevent overlapping sessions. Sessions shall be
arranged so that individual operators and maintenance technicians do not attend more
than two sessions per week, or more than four hours per day. Training sessions shall be
provided for each work shift listed below during the time periods shown and as
coordinated with the Buyer. Pooling of shifts will not be permitted unless a written
request is accepted by the Buyer.
Training Session
Craft Day Time
3.05 ACCEPTANCE
A. Upon completion of the training for an individual piece of equipment or system, the
Seller shall provide a completed training instruction certification form for the Buyer
Representative's signature. These forms will be entered into the Buyer’s training
management database; they shall be submitted weekly for review in accordance with
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the SUBMITTAL PROCEDURES Section (01 33 00). The form is located in the
REFERENCE FORMS Section (01 91 10).
**END OF SECTION**
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ATTACHMENT A
Class Title:
Concept/Topic to Teach:
General Goal(s):
Specific Objectives:
Required Materials:
1. Familiarization
a. Introduction
b. Purpose and relationships
c. Etc.
2. Safety
a. Process safety information
b. Lock out / Tag out
c. Etc.
3. Operation
a. Theory of operation
b. Modes of operation
c. SOPs
d. Etc.
4. Preventive Maintenance
a. Recommended PMs
b. Parts
c. Etc.
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5. Corrective Maintenance
a. Relationship between corrective issues and recommended PMs
b. Repairs
c. Parts
d. Etc.
6. Additional Discussion Points
7. Etc.
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Initial Vendor Training Hours Follow-Up Training Hours
Mechanical Mechanical
Operations
Maintenance Maintenance
Specification Hrs. Hrs.
Sessions Sessions Hrs. Ea.
Equipment No. Ea. Ea. Sessions
Flexible Membrane 46 51 31
4 8 2 8 2 2
Tube Diffusers
Flexible Membrane Disc
46 51 33 4 8 2 8 2 2
Diffusers
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SECTION 01 91 00
COMMISSIONING
PART 1 -- GENERAL
1.01 DESCRIPTION
This specification section identifies testing and commissioning required for all
mechanical, instrumentation and other contract equipment provided, modified, or installed
as part of this contract. This specification also describes the support by the Seller to the
Installation Contractor (Contractor) and Buyer during Commissioning. Commissioning is
generally divided into the following stages:
1. Factory Acceptance Testing – Lead by the Seller and approved by the Buyer
3. Clean Water Commissioning – Lead by the Contractor with support from the
Seller
The subject equipment shall not be accepted unless the requirements of this specification
section and other related specification sections are met. At a minimum, the Seller is
cautioned to obtain sufficient preliminary information from the vendors to allow accurate
estimation of submittals (e.g., equipment, O&M data, training lesson plans, test results,
record documents), installation, inspections, operations, maintenance, testing, training, and
scheduling prior to the contract bid date. Sufficient time shall be provided in the
construction schedule to accomplish the completion of all commissioning testing,
including retesting as needed. No additional contract time shall be provided if retesting is
necessary. No additional compensation shall be made for changes required to test any
system to meet the contract specifications. Unless otherwise specified, all costs for
installation, inspection, operation, maintenance, testing, training, and any other
commissioning activities shall be borne by the Seller.
If the Seller fails to submit acceptable completed delivery inspection signoff sheets and
equipment test reports, the Buyer shall limit payment on those items in the Payment
Schedule. Unless otherwise specified or directed, the Seller shall be responsible for
organizing, scheduling, coordinating with the Contractor, and conducting all installations,
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inspections, operations, maintenance, tests, and training sessions with the Contractor and
Buyer staff.
At a minimum, the Seller shall coordinate with the Contractor for all Pre-Commissioning,
Clean Water Commissioning, and Start-up requirements. The Seller shall furnish labor,
materials, consumables, instruments, oils, fluids, temporary equipment, and services for
checking and testing all equipment during commissioning and start-up. This includes
services from the Seller’s representatives, Seller’s subcontractors, electricians,
instrumentation technicians, pipe-fitters, and other staff as required during commissioning.
Replacement products and parts shall be removed following Activation in accordance with
the SPARE PARTS Section (01 78 43).
General
1. All equipment and partially complete or fully completed portions of the Work
included in the contract shall be tested and inspected as specified herein.
2. Sequence
No inspections or tests shall be conducted until all submittals for the item and the test
forms and test forms associated with the item are received and, when required, reviewed
and returned "No Exceptions Taken" or "Amend and Resubmit."
No test shall begin until the item is inspected, all preceding tests are successfully
completed and accepted by the Buyer Representative, and the Buyer Representative gives
approval for the test to start. Unless waived in writing, each and every step in the
inspection and test procedures shall be witnessed by the Buyer’s Representative.
3. Execution
Prior to starting an inspection or test, the Seller shall fill out the item description, location,
and all other information required on the test form. The Seller shall then measure, collect,
and record the data required on the test form as the inspection or test is performed. Unless
otherwise permitted by the Buyer Representative, all information and test data shall be
recorded electronically on the test forms and submitted as a PDF file to the project
controls website.
Unless otherwise specified, the Seller shall be responsible for the operation of the contract
equipment, perform and record preventive and corrective maintenance until Field
Acceptance, complete the testing as identified in the Buyer accepted test forms, record
data on the appropriate test forms while the test or inspection is performed, and submit the
completed test forms to the project controls website for Buyer review and acceptance.
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4. Acceptance
In accordance with the specification sections, equipment shall not be granted substantial
completion until the inspection and test results are within the specified tolerances. If
tolerances are not specified, test results shall conform to tolerances established by
recognized industry standards or the manufacturer's published data, whichever are more
stringent. Where the results of a test fail to comply with the contract requirements, the
Seller shall be responsible for performing repeat tests as may be necessary to demonstrate
conformance to the contract requirements. The repeat tests shall be made at the Seller’s
expense.
Where doubt, dispute, or difference should arise between the Buyer Representative and
the Seller regarding the test results, the methods, or equipment used in the performance of
such test, the Buyer Representative may order the test to be repeated using such modified
methods or equipment as the Buyer Representative may require. If the repeat test
substantially confirms the previous test, then all costs in connection with the repeat test
will be paid by the Buyer, otherwise the costs shall be borne by the Seller.
Failure to successfully complete a test procedure in three attempts shall cause the item or
system being tested to be rejected.
“Significant interruption” may include, but is not limited to, the following events:
Failure of a process system that is not permanently corrected within 6 hours after such
failure occurs.
Failure of a process equipment unit that is not permanently corrected within 8 hours after
such failure occurs.
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Occurrence of a significant interruption shall require the test then in-progress to be
stopped and restarted at time equals zero (i.e., restart at Day 1) after permanent corrections
are made.
“Permanently corrected” means without a repeat failure during the remaining duration of
the test and shall consist of the following:
The system is back on line and operating within normal operating parameters.
Failures
If the system under test fails, the cause of the failure shall be identified and rectified by the
Seller. The Seller shall record the failure and the corrective action(s) required to restore
the system to proper operation. The Seller shall provide a copy of the documentation to
the Buyer within 24 hours of the failure or notification of the failure.
Retesting of Equipment
When testing or operation of the equipment demonstrates the equipment does not meet
the specified requirements, the Seller shall repeat or perform all additional tests as
necessary and as required by the Buyer.
When retesting is caused by failure of the Seller to perform the Work satisfactorily, as a
required procedure, or for minor changes to the equipment, the Seller will not be granted
an increase in the contract price, nor an extension of contract time.
If the Buyer causes changes and the change results in delays to the critical path, the Seller
shall be entitled to compensation of time and/or dollars.
Downtime
Downtime occurs whenever the criteria for successful operation defined above is not
satisfied. Downtime shall be measured from the time of fault occurrence until full service
is restored. In the event of multiple failures the total elapsed time for repair of all
problems shall be counted as downtime.
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Hold time
Hold time: During a test of this nature, certain contingencies, beyond the control of either
party, may occur which may cause the system to be down, but which are not valid for the
purpose of measuring system availability. Such periods of downtime may be declared
"hold time" by mutual agreement between the supplier and the Buyer. These periods will
not be considered in availability calculations.
Scheduled Shutdowns
During scheduled shutdowns, or if an equipment failure occurs while its backup device is
scheduled out of service, the resulting system outage shall be hold time, providing that
service can be restored, according to the supplier specified procedures within 10 minutes.
Loss of power or manual shutdown in the event of loss of environmental control shall be
considered hold time. If the system is operated during periods of power or environmental
conditions beyond those specified, any resultant downtime shall not be counted.
1. Gauges, meters, recorders, monitors, and other test equipment shall be provided
by the Seller as required to supplement the instrumentation system provided under
this contract to allow measurement of parameters evaluated during testing. All
devices employed for the purpose of measuring the performance of the facility's
equipment and systems shall be specifically selected to be consistent with the
variables to be monitored. Installation of all test gauges, meters, recorders,
monitors, and other test equipment shall be in accordance with the manufacturer's
recommendations, accepted industry standards, or the specification sections,
whichever are more stringent.
4. The Seller shall submit the manufacturer, model number, common functional
description, last calibration date, next required calibration date, and copies of
calibration certificates for the test equipment. This information shall be updated
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and resubmitted within 30 calendar days after the test equipment is recalibrated or
added. The Seller shall maintain the original calibration data and certification
sheets from the testing laboratory in a bound set kept at the site of Work or on the
project controls website and shall provide them to the Buyer Representative for
review upon request.
5. Only test equipment listed on the previously submitted test equipment list and
containing a current calibration sticker shall be used during testing. If the Seller
elects to proceed with un-calibrated test equipment, the Buyer Representative may
reject the test results and the test shall be repeated at the Seller's expense using
calibrated test equipment.
6. Test instruments used to simulate inputs and read outputs shall be suitable for the
purpose and shall have a rated resolution of 0.1 percent of operating span. The
accuracy of the test instrument shall be greater than the required accuracy of the
instrument being tested or calibrated. Each test instrument shall be certified by an
established calibration laboratory and have a current calibration sticker showing
date of calibration, deviation from standard, name of calibration laboratory and
technician, and date recalibration is required. Certified calibration reports
traceable to the National Institute of Standards and Technology shall be included
with the final test report.
7. The Buyer shall supply the utilities specified in the TEMPORARY UTILITIES
Section (01 51 00). Other utilities required for testing shall be provided by the
Seller.
The Seller shall provide all labor, temporary piping and appurtenances, temporary
pumping, power systems, heating, ventilation and air conditioning and other necessary
items and work to complete the testing. Temporary facilities shall be maintained until
permanent systems are in service. Unless otherwise specified, the Seller shall be
responsible for removing all temporary facilities from the site of Work after the
completion of testing. The Seller shall ensure the facilities are in place to operate in its
fully operational mode.
The seller is responsible for installation inspection, checking, field performance testing,
and verifying that the equipment is ready for operation. The Contractor shall be
responsible for organizing, scheduling, coordinating, and conducting the associated tests
and activities, recording and submitting the test results to the project controls website, and,
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in general, ensuring the installation of the equipment is verified and ready for continuous
operation during Clean Water Commissioning.
The Seller shall be responsible for providing lessons plans, materials and training to the
Buyer staff in accordance with the TRAINING Section (01 79 10).
The Seller shall be responsible for providing draft equipment O&M Manual in accordance
with the O&M DATA Section (01 78 23).
The Seller shall assist with the Contractor’s Clean Water Commissioning including
equipment operational checkouts, equipment performance tests, and the Site Integration
Tests (SITs) under clean water conditions. The Seller shall provide support to the
Contractor during testing including equipment operational tests, and the aeration system
performance tests.
During aeration system clean water testing, the Seller shall assist with the Contractor’s
Clean Water Commissioning. As coordinated with the Contractor, the Seller may provide
on-going support of equipment operation or train the Contract’s staff to provide safe
operation of the equipment to allow testing of other equipment and systems.
The Seller shall be responsible for submitting the vendor draft final O&M manuals in
accordance with the OPERATION AND MAINTENANCE DATA Section (01 78 23).
Vendor training shall be in accordance with the TRAINING Section (01 79 10).
Start-Up includes the Reliability Acceptance Test (RAT) under normal process conditions.
After successful blower tuning the Seller shall provide deliver training on the portable
pressure monitoring panel.
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Vendor training shall be in accordance with the TRAINING Section (01 79 10).
Unless otherwise agreed, the Buyer shall provide a Notice of Substantial Completion after
the successful completion by the Contractor. The contract with the Seller will then be
unassigned and taken back by the Buyer. The project will then proceed to Activation after
issuance of the Notice of Substantial Completion.
PART 2 -- PRODUCTS
The Seller is responsible for assisting the Contactor with integration of diffuser
commissioning as part of the overall Contractor’s commissioning plan. Inclusion of the
Contractor’s requirements for commissioning as attached in Exhibit A to this specification
shall provide Seller an awareness of the level of effort the Seller requires during
commissioning.
The equipment test forms and Site Integration Test (SIT) plans shall be modified by the
Contractor, as necessary, to meet the requirements of this specification section, other
related specification sections, and the equipment supplied or installed. The test forms shall
not be construed as limiting the testing required by the specification sections. The test
forms are included for the Contractor to provide detailed testing schedules and
identification of the required labor, resources, and materials to successfully complete the
specified commissioning activities. The equipment test forms identify the required tests
and corresponding test form for each asset. Examples of the test forms used to conduct
and record the equipment tests are located in the REFERENCE FORMS Section (01 91
10). Separate sections are provided to record the item description, equipment number, test
description, date, data, observations, and the legible full name and initials of
representatives of the manufacturer, Contractor, and Buyer Representative. The equipment
test forms may not be all inclusive (e.g., wires, cables, sections of piping, and auxiliary
equipment); thus, the Contractor shall ensure the equipment test forms identify the tests
required for all contract assets.
Pre-test inspection and shop performance testing shall be required prior to shipment of the
diffusers to the project site as specified in FLEXIBLE MEMBRANE TUBE DIFFUSERS
Section (46 51 31) or FLEXIBLE MEMBRANE DISC DIFFUSERS Section (46 51 33).
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2.04 SUBMITTALS
General
Inspection and test reports in accordance with this specification section and other related
specification sections.
Other documentation as required in accordance with this specification section and other
related specification sections.
Commissioning Plan
The Seller shall submit the equipment test forms to the Contractor for Buyer’s review with
the first equipment submittal.
The test forms shall be used by the Seller and Buyer Representative as a checklist (i.e.,
Microsoft Excel) to track the completion of asset testing. In addition, information such as
delivery dates, installation dates, maintenance dates, test dates, and test acceptance dates
shall be recorded as they are completed. Unless otherwise specified or directed, the Seller
shall be responsible for maintaining a master checklist. Revisions to the equipment test
forms (i.e., addition or deletion of assets) shall be identified and closely coordinated with
the Buyer to ensure all asset testing is completed.
Test Forms
2. The test form shall include step-by-step descriptions for all inspections, setup and
testing activities, adjustments, measurements to be taken, and pass/fail criteria.
The test form shall include the manufacturer’s recommended pre-operational
procedures, requirements of the specification section, or accepted industry
standards, whichever are more stringent. The test procedures shall be carefully
developed to ensure equipment is not damaged.
3. A list of assets requiring the specified test, including equipment and/or loop
number and system description (i.e., assets identified in the equipment test forms).
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model, serial numbers, manufacturer's specifications, calibration documentation,
and proposed location for each piece of test equipment.
Unless otherwise specified or directed, test results shall be submitted to the Contractor
with a copy to the Buyer within 7 calendar days after performing the test.
Pre-Shipment Submittals
6. Seller training lesson plans in accordance with the TRAINING Section (01 79
10).
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EXHIBIT A
The Buyer shall be responsible for storing and maintaining the equipment in accordance
with the manufacturers’ recommendations and the PRODUCT DELIVERY
REQUIREMENTS Section (01 65 00).
SITs
1. The SITs demonstrate the hardware and software operating together to verify the
Programmable Logic Controller (PLC) control narratives and Plant Computer
Control System (PCCS) control strategies. The Buyer witnessed tests are
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conducted once under wet conditions to verify the functionality of the equipment,
instruments, and software operating as integrated systems.
2. The SITs verify the system controls by simulating various operating conditions.
The tests shall demonstrate the normal operating conditions expected during Start-
Up and Activation. The equipment shall be tested under normal and extreme
design conditions (min and max), to the extent test conditions allow.
3. The Seller shall provide on-site support to the Contractor during the SITs.
The Buyer shall be responsible for maintaining the equipment in accordance with the
manufacturers’ warranty requirements.
The Seller shall be responsible for submitting the vendor draft final O&M manuals in
accordance with the OPERATION AND MAINTENANCE DATA Section (01 78 23).
Vendor training shall be in accordance with the TRAINING Section (01 79 10).
Start-Up includes the Reliability Acceptance Test (RAT) under normal process conditions.
The Seller shall provide support to the Contractor during the RAT.
The Contractor shall be responsible for organizing, scheduling, and coordinating the
associated tests and activities.
Vendor training shall be in accordance with the TRAINING Section (01 79 10).
The Buyer shall be responsible for maintaining the equipment in accordance with the
manufacturers’ warranty requirements.
Unless otherwise specified, the Buyer shall release a Notice of Substantial Completion
after the successful completion and Buyer acceptance of all Start-Up tests, activities, and
deliverables. The Contractor may proceed to Activation after receiving Notice of
Substantial Completion.
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2.08 ACTIVATION WORK
In accordance with the GENERAL CONDITIONS Section (00 72 00), the Buyer shall
issue a Field Acceptance Letter after final inspections verified the completion of the
Contractor’s punch list items. Field Acceptance initiates the commencement of the
warranty periods; at which time, the Buyer assumes facility maintenance responsibilities.
In conjunction with Field Acceptance, the Buyer shall record a Notice of Completion with
the County Recorder. The County then provides Final Acceptance of all contract Work.
The Buyer shall continue to be responsible for maintaining the equipment in accordance
with the manufacturers’ warranty requirements until Field Acceptance.
The Seller shall be responsible for submitting the vendor final O&M manuals in
accordance with the OPERATION AND MAINTENANCE DATA Section (01 78 23).
PART 3 -- PRODUCTS
The Buyer’s Commissioning Coordinator is responsible for maintaining and updating the
Commissioning Plan includes an introductory section, equipment test forms, SAT plans,
SIT plans, and RAT plans for conducting and recording the commissioning and testing of
the equipment and systems. The Seller is responsible for the diffusers and integration of
the diffused air system commissioning as part of the overall Contractor’s commissioning
plan. Inclusion of the Commissioning Plan test form with the contract documents shall
provide Seller awareness of the level of effort the Seller requires during commissioning.
The equipment test forms and SIT plans shall be modified by the Contractor, as necessary,
to meet the requirements of this specification section, other related specification sections,
and the equipment supplied or installed. The test forms shall not be construed as limiting
the testing required by the specification sections. The test forms are included for the
Contractor to provide detailed testing schedules and identification of the required labor,
resources, and materials to successfully complete the specified commissioning activities.
The equipment test forms (manual valves and gates, motor operated valves and gates,
mechanical equipment, electrical equipment, instrumentation, structural, and piping)
identify the required tests and corresponding test form for each asset. Examples of the test
forms used to conduct and record the equipment tests are located in the REFERENCE
FORMS Section (01 91 10). Separate sections are provided to record the item description,
equipment number, test description, date, data, observations, and the legible full name and
initials of representatives of the manufacturer, Contractor, and Buyer Representative.
The equipment test forms may not be all inclusive (e.g., wires, cables, sections of piping,
networks and communications, and auxiliary equipment); thus, the Contractor shall ensure
the equipment test forms identify the tests required for all contract assets. In some cases,
the Contractor may propose the submission of equipment or equipment devices that were
not specified by the designer (e.g., pump monitoring devices).
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3.02 PRE-OPERATIONAL INSPECTION AND TEST FORM:
Pre-operational inspection and testing shall be required for the complete installed
equipment
1. Project Name
Functional testing shall be required for the complete installed equipment . The inspection
and test procedures shall be structured in a step-by-step manner with checkpoints and
gates at critical milestones. A sample SIT test form is provided in the Appendix
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d) Description of test procedure in logical steps that include the requirements
f) Space for recording results of the test and the time and date of the test
2. Copies of all referenced and applicable contract and submittal drawings with
addenda updates included and marked to indicate requested deviations from
specified requirements.
3.05 SUBMITTALS
General
b) The Commissioning Plan equipment test forms, test forms and SIT plans
updates.
c) Inspection and test reports in accordance with this specification section and
other related specification sections.
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Commissioning Plan
The Contractor shall submit the updated equipment test forms for Buyer review and
acceptance at least 30 calendar days prior to submitting the first equipment submittal.
Unless otherwise specified or directed, the Buyer accepted equipment test forms shall be
used by the Contractor and Buyer Representative as a checklist (i.e., Microsoft Excel) to
track the completion of asset testing. In addition, information such as delivery dates,
installation dates, maintenance dates, test dates, and test acceptance dates shall be
recorded as they are completed. Unless otherwise specified or directed, the Contractor
shall be responsible for maintaining a master checklist. Revisions to the equipment test
forms (i.e., addition or deletion of assets) shall be identified and closely coordinated with
the Buyer to ensure all asset testing is completed.
The Contractor shall submit the proposed equipment test forms and SIT plans for Buyer
review and acceptance at least 90 calendar days prior to each scheduled date of testing.
Test Forms
2. The test form shall include step-by-step descriptions for all inspections, setup and
testing activities, adjustments, measurements to be taken, and pass/fail criteria.
The test form shall include the manufacturer’s recommended pre-operational
procedures, requirements of the specification section, or accepted industry
standards, whichever are more stringent. The test procedures shall be carefully
developed to ensure equipment is not damaged.
3. A list of assets requiring the specified test, including equipment and/or loop
number and system description (i.e., assets identified in the equipment test forms).
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9. Applicable test procedure reference
Unless otherwise specified or directed, test results shall be submitted to the Buyer within 7
calendar days after performing the test.
Pre-Commissioning Submittals
5. Piping system pressure, leakage, cleaning and flushing test reports (arranged by
piping system or plant area)
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12. SAT test reports
13. Other test reports in accordance with this specification section and other related
specification sections.
14. Vendor training lesson plans in accordance with the TRAINING Section (01 79
10).
2. SITs reports
4. Vendor draft final O&M manuals in accordance with the OPERATION AND
MAINTENANCE DATA Section (01 78 23).
Start-Up Submittals
Activation Submittals
PART 4 -- EXECUTION
General
1. Equipment and materials provided, modified, or used under this contract shall
conform or be installed in accordance with the contract documents, the
manufacturer’s recommendations, or accepted industry standards, whichever are
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more stringent. If the manufacturer’s installation recommendations conflict with
the specific requirements of the contract documents, the Contractor shall bring the
matter to the attention of the Buyer as specified in the GENERAL CONDITIONS
Section (00 72 00).
1. The Contractor shall submit for Buyer review and acceptance new loop drawings
for signal loops proposed to be re-terminated by the Contractor. The Contractor
shall record all termination information (e.g., the functionality of I/O points,
instruments, and signal wire), and submit for Buyer review and acceptance prior
to beginning work on the associated loop. All field verification work shall be
witnessed and coordinated with the Buyer.
1. Where required by the specification sections, the Contractor shall install the
equipment under the supervision of factory-trained installation specialists
furnished by the equipment manufacturer. Supervision by factory-trained
installation specialists shall consist of at least four hours per week, or more if
required by the specification sections, of on-site supervision during installation.
2. Where required by the specification sections, the Seller shall provide the services
of the manufacturer’s representative during the equipment pre-operational
testing, operational and performance testing, and training of Buyer personnel.
Upon request by the Buyer Representative, the Seller shall submit qualifications
and experience records substantiating the skills and training of all manufacturers’
representatives engaged in the installation, operation, maintenance, and training of
the specified equipment.
Person-Day or Instructor-Day: One person for eight (8) hours straight time, exclusive of
Saturdays, Sundays or holidays, and does not include travel time.
Where required by the specification sections, the manufacturer’s representative shall visit
the site of Work to inspect, check, adjust if necessary, perform pre-operational
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checkouts, and accept the equipment installation by submitting a Manufacturer’s
Installation Certification form located in the REFERENCE FORMS Section (01 91 10).
The manufacturer’s representative shall return to the site of Work during Clean Water
Commissioning to perform the manufacturer’s recommended startup procedures. While
the equipment is operating, the manufacturer’s representative shall check for abnormal
vibration, temperature, amperage draw, harmonics, voltage, and other abnormal operating
characteristics. The manufacturer’s representative shall perform adjustments to equipment
settings as necessary to meet the operational performance requirements as specified in the
contract documents and the manufacturer’s performance claims included with the
equipment and O&M data submittals. The manufacturer’s representative shall revisit the
site of Work as often as necessary until the equipment meets the performance
requirements.
Following successful completion of Clean Water Performance Testing and with the
consent of the Buyer, the Seller will train the Buyer’s representative on the operation and
routine maintenance for the equipment. With the consent of the Seller, the Buyer may
operate the equipment during subsequent testing.
The scheduling of visits to the site of Work by the manufacturer’s representative shall be
organized by the Seller and accepted by the Buyer Representative. The Seller shall notify
the Buyer Representative and the respective equipment manufacturer at least 21 calendar
days prior to the equipment’s scheduled date for testing.
Where required by warrantee, the manufacturer’s representative shall perform any routine
or failure maintenance at the plant site, until Activation is completed and Field
Acceptance is Issued.
General
1. All equipment and partially complete or fully completed portions of the Work
included in the contract shall be tested and inspected as specified herein.
2. Sequence
No inspections or tests shall be conducted until all submittals for the item and the test
forms and test forms associated with the item are received and, when required, reviewed
and returned "No Exceptions Taken" or "Amend and Resubmit."
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No test shall begin until the item is inspected, all preceding tests are successfully
completed and accepted by the Buyer Representative, and the Buyer Representative gives
approval for the test to start. Unless waived in writing, each and every step in the
inspection and test procedures shall be witnessed by the Buyer’s Representative.
3. Execution
Prior to starting an inspection or test, the Seller shall fill out the item description,
equipment number, and all other information required on the test form. The Seller shall
then measure, collect, and record the data required on the test form as the inspection or
test is performed. Unless otherwise permitted by the Buyer Representative, all information
and test data shall be recorded electronically on the test forms and submitted as a PDF file
to the project controls website.
Unless otherwise specified, the Seller shall be responsible for the operation of the contract
equipment, perform and record preventive and corrective maintenance until Field
Acceptance, complete the testing as identified in the Buyer accepted test forms, record
data on the appropriate test forms while the test or inspection is performed, and submit the
completed test forms to the project controls website for Buyer review and acceptance.
4. Acceptance
In accordance with the specification sections, equipment shall not be granted substantial
completion until the inspection and test results are within the specified tolerances. If
tolerances are not specified, test results shall conform to tolerances established by
recognized industry standards or the manufacturer's published data, whichever are more
stringent. Where the results of a test fail to comply with the contract requirements, the
Seller shall be responsible for performing repeat tests as may be necessary to demonstrate
conformance to the contract requirements. The repeat tests shall be made at the Seller’s
expense.
Where doubt, dispute, or difference should arise between the Buyer Representative and
the Seller regarding the test results, the methods, or equipment used in the performance of
such test, the Buyer Representative may order the test to be repeated using such modified
methods or equipment as the Buyer Representative may require. If the repeat test
substantially confirms the previous test, then all costs in connection with the repeat test
will be paid by the Buyer, otherwise the costs shall be borne by the Seller.
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Failure to successfully complete a test procedure in three attempts shall cause the item or
system being tested to be rejected.
“Significant interruption” may include, but is not limited to, the following events:
Failure of a process system that is not permanently corrected within 6 hours after such
failure occurs.
Failure of a process equipment unit that is not permanently corrected within 8 hours after
such failure occurs.
“Permanently corrected” means without a repeat failure during the remaining duration of
the test and shall consist of the following:
The system is back on line and operating within normal operating parameters.
Failures
The Seller shall not be responsible for correction to software configuration failures outside
its scope of work.
If the system under test fails, the cause of the failure shall be identified and rectified by the
Seller. The Seller shall record the failure and the corrective action(s) required to restore
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the system to proper operation. The Seller shall provide a copy of the documentation to
the Buyer within 24 hours of the failure or notification of the failure.
Operator training or testing involving shutting down and re-starting systems shall not be
considered as failures.
Retesting of Equipment
When testing or operation of the equipment demonstrates the equipment does not meet
the specified requirements, the Seller shall repeat or perform all additional tests as
necessary and as required by the Buyer.
When retesting is caused by failure of the Seller to perform the Work satisfactorily, as a
required procedure, or for minor changes to the equipment, the Seller will not be granted
an increase in the contract price, nor an extension of contract time.
If the Buyer causes changes and the change results in delays to the critical path, the Seller
shall be entitled to compensation of time and/or dollars.
Downtime:
Downtime occurs whenever the criteria for successful operation defined above is not
satisfied. Downtime shall be measured from the time of fault occurrence until full service
is restored. In the event of multiple failures the total elapsed time for repair of all
problems shall be counted as downtime.
Hold time
Hold time: During a test of this nature, certain contingencies, beyond the control of either
party, may occur which may cause the system to be down, but which are not valid for the
purpose of measuring system availability. Such periods of downtime may be declared
"hold time" by mutual agreement between the supplier and the Buyer. These periods will
not be considered in availability calculations.
Scheduled Shutdowns
During scheduled shutdowns, or if an equipment failure occurs while its backup device is
scheduled out of service, the resulting system outage shall be hold time, providing that
service can be restored, according to the supplier specified procedures within 10 minutes.
Loss of power or manual shutdown in the event of loss of environmental control shall be
considered hold time. If the system is operated during periods of power or environmental
conditions beyond those specified, any resultant downtime shall not be counted.
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4.03 COMMISSIONING TESTS AND INSPECTIONS
GENERAL:
The FAT shall be conducted at the supplier's staging facility with Buyer or his appointed
representatives in attendance and in accordance with test procedures prepared and
included in the FAT test form submitted as specified herein. The supplier shall notify the
Buyer in writing at least four weeks prior to the FAT that the FAT has been scheduled and
that a complete dry-run of the FAT has been performed successfully. The FAT cannot be
scheduled until after the FAT test form has been reviewed and approved by the Buyer.
The FAT will be considered successfully completed only when the system has passed all
factory tests, both structured and unstructured. The system shall not be shipped until the
successful completion of the FAT is certified by the Buyer. Delay in the shipment of the
system resulting from failure to pass the FAT shall not be considered an unavoidable
delay. If the Buyer approves shipment of the system before it has successfully passed all
the required factory tests, shipment shall not constitute nor imply the completion of the
FAT.
If the system fails to complete the FAT within the scheduled consecutive working days,
identified and approved in the FAT test form, the supplier shall pay the Buyer's for two
staff per diem living and travel expenses, and time (at the staff’s hourly billing rate) for
the number of hours required to complete the FAT.
TESTING ACTIVITIES:
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2. Delivery Acceptance Inspections
Delivery acceptance inspections shall be performed on items delivered at the site of Work
or to an authorized place of storage. The inspections shall verify the equipment and
materials are of the specified quality, are in good order and condition at the time of
delivery, conform to accepted submittals, and suitable for installation.
The Seller shall notify the Buyer by telephone when the subject delivery truck arrives. The
Buyer shall respond to witness the inspection within 30 minutes of notification.
At all times during delivery acceptance inspections, the Seller shall have a copy of the
accepted submittal for the item being inspected as well as applicable checkout and signoff
sheets.
The delivery acceptance inspection checklist and signoff sheet shall include a description
of the inspected item and detailed, specific step-by-step procedures for inspecting the
item. The manufacturer's storage instructions and preventive maintenance
recommendations shall be included with the delivered item, if not previously submitted
with the equipment or O&M data submittals.
At the minimum, the checklist shall have spaces specifically labeled to record the
equipment number, equipment submittal number, equipment description, applicable
specification section, quantity received, factory applied markings, model numbers,
nameplate information, serial numbers, date received, notation of visible damage, and the
legible full name and signature of the Seller and the Buyer. The checklist and associated
signoff sheet shall be on the same page, if possible. The Seller shall include additional
information in the checklist, as directed by the Buyer, to fully evaluate and record the
nature and condition of the item received.
The Seller shall provide and complete the information on each checklist and signoff form.
The Seller shall be prepared to remove all coverings, containers or crates to permit the
inspection.
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Pre-Operational Tests
3. General
As identified in the equipment test forms or other related specification sections, pre-
operational testing shall ensure the items provided or installed under the contract are
stored, maintained, assembled, serviced, aligned, connected, calibrated, and adjusted in
accordance with the contract documents and the manufacturer’s recommendations prior to
being place into service.
Perform leak tests on pipe, fittings, valves, gaskets and seals in accordance with the
specification sections.
Inspect and clean equipment, devices, and connected piping so they are free of foreign
material.
Open and close valves by hand and operate other devices to check for binding,
interference, or improper functioning.
Check and operate pipeline accessories such as air valves and blow offs.
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Visually check instrument for physical damage, dirt accumulation, and corrosion.
Verify isolation amplifiers, surge protection, and safety barriers are properly installed.
Report deficiencies identified within 24 hours of discovery to the Buyer. All deficiencies
shall be addressed prior to any instrument calibration.
7. INSTRUMENT CALIBRATION:
GENERAL:
Calibrate all instruments furnished under this contract with the exception of instruments
provided by a subsystem equipment vendor as part of their package system. Each
instrument listed -in the instrument schedule, each final control element, all items installed
in this contract, existing and relocated instruments, all instruments provided by the Buyer,
and all instruments supplied with mechanical (including pressure gauges) or electrical
equipment shall be calibrated on site prior to installation in accordance with the
manufacturer's recommended procedure. Instruments shall then be tested in compliance
with ISA S51.1 and this paragraph and the data entered on the applicable test form. Alarm
trips, control trips, and switches listed in the instrument schedule shall be set to initial
values at this time. Final elements shall be checked for range, deadband, and speed of
response.
Any component which fails to meet the required tolerances shall be repaired by the
manufacturer or replaced, at no expense to the Buyer, and the above tests repeated until
the component is within tolerance. Systems not accessible for standard calibration shall be
furnished with the manufacturer's verification of factory calibration. Proper manufacturer's
reports will be acceptable as evidence of calibration when field testing is not possible.
Final element alignment shall be tested and adjusted to verify that each final element
operates smoothly over its range in response to simulated control signals. Unless
otherwise specified in the particular equipment section, final elements shall be arranged to
close or go to minimum speed when control signal is at its minimum calibrated value.
Requirements for these tests are included in the individual specification section(s).
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General
Where required by the specification sections and prior to the equipment performance tests,
the manufacturer’s representative shall perform the manufacturer’s recommended startup
procedures and check the operating equipment for abnormal vibration, temperature,
amperage draw, harmonics, voltage, and other abnormal operating characteristics.
Where required by the specification sections, the equipment performance tests shall
consist of operating the equipment to confirm operational parameters in accordance with
the specification sections and the manufacturer’s performance claims. The manufacturer’s
representative shall provide adjustments to equipment settings as necessary to meet the
operational performance requirements. The manufacturer’s representative shall revisit the
site of Work as often as necessary until the equipment meets the performance
requirements.
Prerequisites
Unless otherwise specified, reclaimed water or chlorinated final effluent shall be used for
the operational and performance testing of all liquid systems except those using domestic
water, gaseous, oil, or chemical systems. Test media for these systems shall be either the
intended fluid or a compatible substitute subject to acceptance by the Buyer
Representative. Notification shall be submitted to the Buyer Representative by Access
Request for the scheduling and coordination of acquiring and disposal of test water.
General
The SITs shall verify the system controls (PLC control narratives and PCCS control
strategies) by simulating various operating conditions to demonstrate the normal and
abnormal operation of equipment under minimum and maximum design conditions, to the
extent test conditions allows. The equipment shall be tested under remote | automatic
control and serve as a precursor to the operating conditions expected during Start-Up.
Unless otherwise specified or directed, the equipment identified in each SIT plan shall
operate continuously for at least 240 consecutive hours or until successful completion of
the test procedures, whichever is greater. The test shall start when the equipment is placed
into continuous service. The test shall not begin on Fridays, Weekends, Holidays, or on
the day before a holiday.
In accordance with the submittals section of this specification, the Seller shall submit the
SIT plan for Buyer review and acceptance prior to starting the test. After the successful
completion of a SIT, the SIT results shall be submitted for Buyer review and acceptance.
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Testing
A SIT plan shall include a description of the system, test objectives and the test approach,
identification of prerequisites, equipment configuration tables, procedures clearly stating
or listing test objectives, worksheets for recording test data, and reference documentation.
The SIT plan shall provide step-by-step descriptions for the systematic testing of the
equipment within a system. All operating modes and conditions identified in the control
strategies shall be tested unless relief is provided on an ad hoc basis. Failures to
equipment, instrumentation, power, communications, and processes shall be demonstrated
to verify the appropriate equipment and system response.
The equipment performance test procedures shall be provided within the respective system
SIT plan. The equipment performance test forms are located in the REFERENCE FORMS
Section (01 91 10).
Note that diffusers are a component of the blower aeration air system SIT. At a minimum,
equipment performance tests for blowers shall be required to verify blower performance
and operation over the full operating range from minimum head/low flow up to
maximum head/maximum flow. The performance tests include the measurement of
operating parameters as specified in the specification sections such as vibration, noise,
temperature, amperage draw, flow, pressure, and other miscellaneous operating data. For
some equipment, these data shall be collected with the equipment operating in up to four
different conditions created by adjusting speed or throttling a downstream valve to create
backpressure. If performance test operating parameters are not specified in the
specification sections, all parameters included in the description of the equipment
operating conditions shall be measured. In addition to collecting these data, settings for
variable frequency drives, cooling water control, seal water control, and/or other
auxiliaries shall be adjusted and readied for proper operation.
Equipment damaged during testing shall be replaced, at the expense of the Seller, unless
the equipment is intended for testing purposes and is no longer required for further testing.
If the test equipment is required for additional testing, then the equipment shall be
replaced at the expense of the Seller.
After performance testing, equipment shall be checked for loose connections, unusual
movement, or other indications of improper operating characteristics. Deficiencies shall be
corrected to the satisfaction of the Buyer Representative.
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Responsibilities
ii. The Seller shall be responsible for providing the appropriate field
personnel for performing tasks such as energizing or de-energizing
equipment, turning on or off breakers and disconnect switches, simulating
process variables, and confirming equipment responses.
iii. Unless otherwise specified or directed, the Seller shall record the results of
the test procedures. If a failure occurs, the Seller shall record the failure
and the corrective action(s) required to restore the component or system to
proper operation.
iv. The Seller shall be responsible for and bear the costs of the labor and
materials required to perform necessary repairs, replacements, and
preventive and corrective maintenance of the contract equipment.
Acceptance
The SITs shall be considered complete after the test procedures are successfully
demonstrated and witnessed, and all testing deficiencies are resolved and signed-off by the
Buyer Representative. Test issues and equipment operating data shall be logged by the
Seller in the provided SIT worksheets.
After Buyer acceptance of the SITs and if any installed temporary facilities are not
required for Start-Up, then the Seller shall remove the temporary facilities and place the
facility in its fully operational mode. The Seller shall also recheck all equipment for
proper alignment and adjustment, check oil levels, re-lubricate all bearing and wearing
points and, in general, ensures all equipment is in proper condition
Start-Up Tests
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General
After completion of the preceding testing and calibration requirements specified herein, a
Reliability Acceptance test shall be run for a continuous 30-day period. The Reliability
Acceptance test shall demonstrate that all functional requirements specified herein have
been satisfied including:
iv. Process control descriptions (PLC Control Narratives and PCCS Control
Strategies) perform correctly
Prerequisites
The Seller shall ensure the availability of required support and process systems, type and
source of test media, measurement and test equipment, required temporary piping and
equipment configurations, and proper equipment and piping labeling.
a) Support systems such as power, plant water, potable water, reclaimed water,
and utility air shall be identified and must be ready for operation and available
for use during the test.
b) Related process systems shall be identified and in some cases shall run in
conjunction with the equipment under test.
Testing
The Reliability Acceptance Test will be conducted concurrently with normal system
operations without special test equipment or procedures. During the test, Buyer’s
personnel will perform the normal functions using the computer system according to the
procedures described in the supplier documentation.
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Unless otherwise specified or directed, a RAT shall not begin on Fridays, Weekends,
Holidays, or on the day before a holiday.
Downtime = Sum of the individual component downtime (in hours or part thereof) experienced
during the test period, including all network communications downtime.
The test period shall be extended until the required availabilities are achieved as defined
above, or until the test period has exceeded 3 months at which time the test will be
concluded as failed. District may then discontinue and cease use and operation of the
system, and resolve the issues in accordance with the contractual terms.
The RAT shall be considered complete when the entire project or a specified portion
thereof has operated per the design intent and continuously without significant
interruption.
The test shall be halted if the facility or equipment constructed, furnished, or installed
under this contract is unable to perform the specified function and the Buyer
Representative determines it is unable to perform due to a significant interruption. If
equipment fails and is replaced, modified, or substantially readjusted, all prerequisite tests
required for the affected equipment shall be repeated. After the affected equipment is
corrected and, if required, successfully completed prerequisite testing, the RAT shall be
restarted. The RAT shall be repeated in its entirety until the specified period of operation
is completed without significant interruption; failure to successfully complete the RAT in
three tries shall cause the Buyer t Representative to reject the equipment. If a failure
occurs, the Seller shall record the failure and the corrective action(s) required to restore
the component or system to proper operation in the issues log provided in the RAT plan.
The Seller shall verify the equipment operated satisfactorily without excessive power use,
wear or need for lubrication, or requiring undue attention, and if all rotating parts operate
without excessive vibration or noise within its normal operating range.
When the RAT is successfully completed and all corrections required by the Buyer
Representative made to assure a reliable, completely operational and functional facility
meeting the design intent and specifications are complete, the Buyer Representative will
sign-off on the completion of the RAT.
Failure of backed-up elements will not result in accumulated downtime provided that the
backup device is fully operational and successfully takes over for the functionality of the
failed component automatically without any manual intervention.
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Responsibilities
c) The Seller shall be responsible for providing the appropriate field personnel
for supporting the operation of the contract equipment, troubleshooting, or
responding to equipment failures. In addition, the field personnel may be
required to perform tasks such as energizing or de-energizing equipment,
turning on or off breakers and disconnect switches, simulating process
variables, and confirming equipment responses.
d) Unless otherwise specified or directed, the Seller shall record the results of the
test procedures, record data, and record deviations from specified operating
parameters. If a failure occurs, the Seller shall record the failure and the
corrective action(s) required to restore the component or system to proper
operation.
e) The Seller shall be responsible for and bear the costs of the labor and
materials required to perform necessary repairs, replacements, preventive and
corrective maintenance of the contract equipment, and cleanup if due to
equipment or piping failure.
f) The Seller shall be available at all times (i.e., 24 hours per day, 7 days per
week) to provide immediate assistance in case of a failure to the contract
equipment. This assistance shall arrive at the location of the equipment within
2 hours of notification by the Buyer Representative.
a) The Buyer shall witness and provide Buyer personnel in the PCCS for
controlling and confirming equipment responses at the PCC.
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c) Buyer operations shall provide continuous monitoring of the facility, record
operational data, perform daily rounds, and collect samples for Buyer
laboratory testing.
d) The Buyer shall be responsible for normal (as per the design intent and
contract documents) operating costs. Equipment or system failures due to
Buyer staff negligence shall require proof prior to acceptance of claims.
e) The Buyer shall provide the required chemicals for the chemical feed systems.
The Seller shall give the Buyer thirty (30) working days’ notice in advance of
needing chemicals for this Work by submitting an Access Request.
Acceptance
After 30 days of cumulative test time has elapsed, the test records shall be examined to
determine conformance with the availability criteria. If the test objectives have not been
met, the test period shall be extended until the required availabilities are achieved as
defined above, or until the test period has exceeded 3 months at which time the test will be
concluded as failed. District may then discontinue and cease use and operation of the
system, and resolve the issues in accordance with the contractual terms.
The test shall be halted if the facility or equipment constructed, furnished, or installed
under this contract is unable to perform the specified function and the Buyer
Representative determines it is unable to perform due to a significant interruption. If the
RAT is halted due to a significant interruption or due to failure of the Seller's test
facilities, the cause of the failure shall be identified and rectified by the Seller and the test
shall be repeated in its entirety until the specified period of operation is completed without
significant interruption.
When the RAT is successfully completed and all corrections required by the Buyer to
assure a reliable, completely operational and functional facility meeting the design intent
and specifications are complete, the Buyer will sign-off on the completion of the RAT.
After Buyer acceptance of the SITs and if the installed temporary facilities are not
required for Start-Up, then the Seller shall remove the temporary facilities and place the
facility in its fully operational mode. The Seller shall also recheck all equipment for
proper alignment and adjustment, check oil levels, re-lubricate all bearing and wearing
points and, in general, ensures all equipment is in proper condition.
**END OF SECTION**
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SECTION 01 91 10
REFERENCE FORMS
PART 1 -- GENERAL
1.01 DESCRIPTION
A. SCOPE:
1. The forms listed and provided in this section are identified by the referenced
specification section and a suffix corresponding to the type of form. The types of
forms are as follows:
2. The provided forms are included as examples for the Supplier to conduct and
document the associated checkouts, tests, inspections, or certifications. The forms
shall not be construed as limiting the testing requirements per the individual
technical specification sections, regulatory codes, or industry standards. In
accordance with the COMMISSIONING Section (01 91 00), the Seller/ Contractor
shall submit the proposed test forms for Owner acceptance prior to conducting a
test and may submit alternative forms for consideration and acceptance by the
Owner Representative.
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1.02 FORMS
**END OF SECTION**
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SECTION 46 51 31
PART 1 - GENERAL
1-1. SCOPE. This section covers furnishing and performance testing of fine pore
diffused aeration equipment for the Biological Nutrient Removal (BNR) basins and WAS
Classifying Selector (WCS) basins as indicated on the Drawings and as specified herein.
The WCS basins are used to aerate return activated sludge (RAS) flow prior to the waste
activated sludge (WAS) wasting location.
The flexible membrane tube diffuser equipment shall be furnished complete with all
aeration diffuser assemblies, stainless steel piping required for air cooling, pipe and
diffuser supports, anchor bolts, air piping and headers, moisture blowoff assemblies,
portable pressure monitoring control panels and pressure monitoring equipment, and any
additional materials, accessories, or construction indicated on the Drawings, specified, or
otherwise required for a complete and properly operating system.
The diffused aeration equipment manufacturer shall be responsible for supplying all air
piping in the aeration basins from the butterfly valve at each drop pipe as indicated on the
Drawings, including the drop pipes, manifolds, laterals, pressure monitoring equipment,
and all accessories and appurtenances required for proper installation and operation. Air
piping, permanent flowmeters, and valves beyond the limits indicated on the Drawings
are not required to be provided as part of the diffused aeration equipment manufacturer
package.
1-2. GENERAL. Equipment furnished under this section shall be fabricated and
assembled in full conformity with drawings, specifications, engineering data,
instructions, and recommendations of the equipment manufacturer, unless exceptions are
noted by Engineer.
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1-2.01. Coordination. All equipment provided in this section shall be furnished by or
through a single manufacturer who shall coordinate the design of all components for the
entire diffused aeration system.
1-3.01. Post Shop Testing Submittal. After diffused aeration system shop testing, Seller
shall submit all calculations, documentation and reports pertinent to the Seller’s design
and proposal regarding compliance with the specified Performance and Design
Requirements. Submittal information shall include but not be limited to determination of
air flow and number of diffusers, minimum mixing air flow while maintaining adequate
diffuser air flow and pressure loss and pipe sizing calculations.
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1-5. QUALITY ASSURANCE.
1-5.01. Welding Qualifications. All welding procedures and welding operators shall be
qualified by an independent testing laboratory in accordance with the applicable
provisions of Section IX of the ASME Code. All procedure and operator qualifications
shall be in written form and subject to Engineer's review. Accurate records of operator
and procedure qualifications shall be maintained by Contractor and made available to
Engineer upon request.
1-5.02. Welder Certification. Prior to the start of the work, Contractor shall submit a list
of the welders he proposes using and the type of welding for which each has been
qualified. Copy of certification and identification stamp shall be submitted for each
welder. Qualification tests may be waived if evidence of prior qualification is deemed
suitable by Engineer.
1-5.03. Tolerances. The system shall be designed and manufactured in such a manner
that all diffuser elements are within ± 0.5 inches of the elevation indicated herein.
1-6. ON-HAND SPARE PARTS. No spare parts are required as part of the project. The
Seller may determine a supply of on-hand spare parts for construction and commissioning
and provide them as part of the scope of supply with this proposal. Upon completion of
the contract, the District will determine if the uninstalled replacement spare parts will be
retained or returned to the Seller.
PART 2 - PRODUCTS
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Elevation of WCS Basin diffuser 100.20 ft
elements.
WCS Basin Water Surface Elevation 125.0 - 125.5 ft
Number of air supply blowers. 5 duty, 1 standby
Air Temperature range at top of drop pipe. 100 to 275 °F
All equipment furnished shall be designed to meet all specified conditions and to operate
satisfactorily at the specified elevation.
2-2. BNR BASIN DRAWINGS. Drawings for a typical (one of eight) BNR aeration
basin and the WAS Classifying Selector Basins are included in Appendix A to this
Procurement Package. The drawings indicate the dimensions of a typical BNR aeration
basin, dimensions of each BNR basin aeration zone, dimensions of the WAS Classifying
Selector basins, water surface evaluations and floor areas where diffusers cannot be
located. The aeration equipment shall convey air from the air main and lateral piping
outside the BNR basins, beginning at the butterfly valve at each drop pipe as indicated on
the Drawings, to the air diffusers within the BNR basins. The air distribution lines shall
be designed so that adding air to the lines will expel all water or waste. The air diffusers
shall diffuse the air uniformly into the basins in which they are submerged.
The aeration system shall be designed to transfer the required amount of oxygen and shall
have sufficient mixing capacity to thoroughly mix the entire contents and to keep all
solids in suspension.
The diffused aeration equipment shall be designed to meet the performance and design
requirements specified herein. The capability of the aeration equipment to meet the
specified oxygen transfer rates shall be determined by shop performance tests specified
herein. Field performance testing is also specified herein to demonstrate that the
equipment meets specified initial pressure loss through the system under design
conditions. Three design conditions are presented in Tables 2.3-1 through 2.3-8 for each
aeration zone for a typical BNR aeration basin and each WAS Classifying Selector basin
for the BNR and WCS basins. The 2048 design condition shall be used by the diffuser
supplier as the basis for the ultimate aeration system design of diffuser, grid, and air
lateral layout. The 2035 design condition shall be used by the diffuser supplier to
determine the number of diffusers and blanks to be initially installed on the 2048 grid
layout for operation of the basins at the initial plant flows. The 2020 design condition
shall be used to ensure turndown aeration requirements will not lead to over-aeration
initially. All 3 design conditions will be used by the diffuser supplier to calculate aeration
energy life cycle costs as outlined in the Proposal section.
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BNR Basins Operating Conditions
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Table 2.3-3: Design Criteria for Fine Bubble Diffuser Zone 2a
Maximum Maximum Annual Minimum Minimum
Day Month Average Month Day
Target Dissolved Oxygen 2.0 2.0 2.0 2.0 2.0 mg/L
2048 970 860 580 440 360 lb/hr
SOTR † 2035 870 770 470 360 300 lb/hr
2020 800 720 380 280 240 lb/hr
Installed Airflow Range† 420 - 2280 scfm
Minimum Mixing Airflow† 400 scfm
Maximum Initial Pressure
11. 9‡ psi
Available at Top of Drop Pipe
Zone Dimensions (L x W x D) 59.8 x 56.0 x 26.1 ft
Minimum Number of Grids 1 -
Minimum Diameter of Drop Pipe 8 inch
† Zone airflows and SOTRs based on one of eight basins
‡ 12.0 psi will be allowed if the criteria established in Section 2-3.02 below are satisfied
Table 2.3-4: Example Design Criteria for Fine Bubble Diffuser Zone 2b
Maximum Maximum Annual Minimum Minimum
Day Month Average Month Day
Target Dissolved Oxygen 2.0 2.0 2.0 2.0 2.0 mg/L
2048 890 770 560 430 350 lb/hr
SOTR † 2035 800 710 450 350 290 lb/hr
2020 740 660 360 280 230 lb/hr
Installed Airflow Range† 410 - 2100 scfm
Minimum Mixing Airflow† 400 scfm
Maximum Initial Pressure
11. 9‡ psi
Available at Top of Drop Pipe
Zone Dimensions (L x W x D) 59.8 x 56.0 x 26.1 ft
Minimum Number of Grids 1 -
Minimum Diameter of Drop Pipe 8 inch
† Zone airflows and SOTRs based on one of eight basins
‡ 12.0 psi will be allowed if the criteria established in Section 2-3.02 below are satisfied
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Table 2.3-5: Design Criteria for Fine Bubble Diffuser Zone 3a
Maximum Maximum Annual Minimum Minimum
Day Month Average Month Day
Target Dissolved Oxygen 2.0 2.0 2.0 2.0 2.0 mg/L
2048 760 620 480 370 320 lb/hr
SOTR † 2035 680 570 390 310 260 lb/hr
2020 630 530 310 240 210 lb/hr
Installed Airflow Range† 360 - 1800 scfm
Minimum Mixing Airflow† 360 scfm
Maximum Initial Pressure
11. 9‡ psi
Available at Top of Drop Pipe
Zone Dimensions (L x W x D) 59.8 x 51.0 x 26.1 ft
Minimum Number of Grids 1 -
Minimum Diameter of Drop Pipe 6 inch
† Zone airflows and SOTRs based on one of eight basins
‡ 12.0 psi will be allowed if the criteria established in Section 2-3.02 below are satisfied
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Table 2.3-7: Design Criteria for Fine Bubble Diffuser Zone 4
Maximum Maximum Annual Minimum Minimum
Day Month Average Month Day
Target Dissolved Oxygen 2.0 2.0 2.0 2.0 2.0 mg/L
2048 1360 1160 880 780 640 lb/hr
SOTR † 2035 1260 1100 730 650 530 lb/hr
2020 1170 1020 580 510 420 lb/hr
Installed Airflow Range† 960 - 3530 scfm
Minimum Mixing Airflow† 960 scfm
Maximum Initial Pressure
11. 9‡ psi
Available at Top of Drop Pipe
Zone Dimensions (L x W x D) 157.3 x 51.0 x 26.1 ft
Minimum Number of Grids 2 -
Minimum Diameter of Drop Pipe 10 inch
† Zone airflows and SOTRs based on one of eight basins
‡ 12.0 psi will be allowed if the criteria established in Section 2-3.02 below are satisfied
Table 2.3-8: Design Criteria for Each Fine Bubble Diffuser WAS CS
Maximum Maximum Annual Minimum Minimum
Day Month Average Month Day
Target Dissolved Oxygen 2.0 2.0 2.0 2.0 2.0 mg/L
2048 1860 1310 1060 870 670 lb/hr
SOTR † 2035 1510 1070 860 710 550 lb/hr
2020 1140 810 660 540 430 lb/hr
Installed Airflow Range† 1010 - 4700 scfm
Minimum Mixing Airflow† 1010 scfm
Maximum Initial Pressure
11. 9‡ psi
Available at Top of Drop Pipe
Zone Dimensions (L x W x D) 325.0 x 26.0 x 26.1 ft
Minimum Number of Grids 3 -
Minimum Diameter of Drop Pipe 8 inch
† Zone airflows and SOTRs based one of two WAS Classifying Selectors
‡ 12.0 psi will be allowed if the criteria established in Section 2-3.02 below are satisfied
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2-3.02. Low Airflow Pressure Exception. An additional 0.1 psi initial pressure at top of
drop pipe will be allowed if the sum of 2048 Max Day Airflows across aeration grids 1a,
1b, 2a, 2b, 3a, 3b, and 4, and the WAS CS is less than 145,000 scfm.
2-5. MATERIALS.
Drop Pipes and Air Distribution or Stainless steel, ASTM A312 Grade TP 316L
Loop Piping Where Required for and AISI Type 316L, Schedule 10S.
Heat Dissipation
Air Distribution Manifolds ASTM D1785 Cell Classification 12454
ultraviolet resistant Schedule 40 PVC or
ASTM F441 Cell Classification 23447
ultraviolet resistant Schedule 40 CPVC or
stainless steel, ASTM A312 Grade TP 316L
and ANSI Type 316L, Schedule 10S.
Diffuser Header Laterals
Tubes ASTM D1785, ultraviolet resistant Schedule
80 PVC or CPVC or ultraviolet resistant
CPVC or glass reinforced polypropylene or
polypropylene.
Fittings ASTM D2466 Cell Classification 12454
ultraviolet resistant Schedule 40 PVC or
ASTM F438 Cell Classification 23447
ultraviolet resistant Schedule 40 CPVC or
glass reinforced polypropylene or
polypropylene.
Joints and End Caps Ultraviolet-resistant PVC or glass
reinforced polypropylene or polypropylene,
compression type with neoprene seals;
thickness class to be the same as the pipe.
Supports, Clamps, and Anchors ASTM A240 and A276, Type 316L
stainless steel.
Bolts, nuts, and washers AISI Type 316, Bolts ASTM F593, Alloy
Group 1; Nuts ASTM F594, Alloy Group 1;
Washers ANSI B18.22.1. Minimum
diameter of anchor bolts shall be 1/2” for air
distribution manifolds and 3/8” for diffuser
header laterals.
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Flange Bolts ASTM A193 Class 2, AISI Type 316, ANSI
B18.2.1, heavy hex head, length such that,
after installation, the bolts will project 1/8 to
3/8 inch [3 to 10 mm] beyond outer face of
the nut.
Flange Nuts ASTM A194, AISI Type 316,
ANSI/ASME B18.2.2, heavy hex pattern.
Diffuser Assembly
Membrane Tube Single extrusion tubular plasticizer free
silicone membrane; one piece acetal, PVC,
injection molded polypropylene or other
suitable plastic material diffuser frame.
Moisture Blowoff Assembly ASTM D1784 and ASTM D2241, Type 1,
Grade 1, Schedule 80 PVC piping and
fittings, solvent welded, with PVC ball
valves, ultraviolet resistant.
Welded Miscellaneous Metals ASTM A240, Type 316L stainless steel.
2-6. CONSTRUCTION.
2-6.01. Diffused Aeration Equipment. The flexible membrane tube diffuser equipment
shall be furnished complete with all aeration diffuser assemblies, stainless steel piping
required for air cooling, pipe and diffuser supports, anchor bolts, air piping and headers,
moisture blowoff assemblies, portable pressure monitoring control panels and pressure
monitoring equipment, and any additional materials, accessories, or construction
indicated on the Drawings, specified, or otherwise required for a complete and properly
operating system.
2-6.02. Tube Diffuser Assemblies. Each tube diffuser assembly shall consist of a one
piece PVC, polypropylene, co-polymer or other suitable material frame, easily removable
flexible sheath, integral check valve, and stainless steel hardware.
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The diffuser sheath must be manufactured as a seamless, single extrusion. The surface of
the sheath must be smooth to prevent biological growth from attaching. This sheath shall
be held in place by stainless steel clamps.
2-6.03. Diffused Aeration Piping. A diffused aeration piping system shall be provided to
uniformly distribute air from the aeration supply piping to the diffusers. The piping
system shall begin at a location as indicated on the Drawings. The piping system shall
include the entire air distribution system, including all drop pipes, air distribution
manifolds and diffuser header laterals. The piping shall be provided complete with all
fittings, specials, flanges, couplings, slip joints, anchors, gaskets, bolts and nuts, pipe
supports, end caps, connections, appurtenances, and accessories as required, or needed
for proper installation and functioning of the diffused aeration system.
The diffused aeration drop pipes shall be in the locations as indicated on the Drawings.
The minimum size of drop pipes shall be as recommended by the manufacturer but in no
case smaller than the minimum diameter specified herein. The diffused aeration system
manufacturer shall provide a reducer with a flanged connection if required for connection
of the drop pipe to the piping furnished by the Contractor.
The air distribution manifolds and the diffuser header laterals shall be sized by the
manufacturer to evenly distribute the flow to all diffusers with a minimum pressure drop.
If cooling of the air to the maximum operating temperature of the utilized piping material
under all specified conditions cannot be achieved in the drop pipe, additional stainless
steel shall be used in a drop pipe cooling loop in sufficient length to achieve the required
cooling for the air distribution system. The manufacturer shall engage a professional
engineer registered in the state where the Project is located, to certify that under all
specified operating conditions:
The design provides sufficient cooling in the stainless steel portion of the pipe in
each drop leg, so the temperature at the mean wall (midpoint of the pipe wall
thickness) at any point of the glass reinforced polypropylene laterals are below the
rated continuous operating temperature of the pipe material at maximum day
airflow conditions when top of dropleg air temperature is 275°C, and
The design provides sufficient cooling to reduce the air temperature to the rated
continuous operating temperature of extruded polypropylene components at
maximum day airflow conditions when top of dropleg air temperature is 275°C.
A stainless steel band coupling shall connect stainless steel pipe to glass reinforced
polypropylene pipe. Flanged or union type joints shall connect the manifold to the PVC
diffuser headers. All piping shall be supported with stainless steel pipe stands.
All subsurface connections, including supports and fasteners, shall be free from
protrusions and sharp angles to which rags or stringy materials may become attached.
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Each air distribution header shall be fabricated in sections having a maximum length as
recommended by the manufacturer. Changes in diffuser header diameter shall not be
acceptable. Connections between sections of the air distribution headers shall be
designed so that individual header sections can be rotated independently of adjacent
header sections for alignment purposes.
All pipe diameter transitions between header pipe and laterals shall be made using
eccentric tees such that the pipe inverts remain the same throughout the horizontal grid
system.
2-6.04. Field Connections and Expansion Provisions. All field connections shall be
flanged or made with a threaded union. Other types of connectors require approval by
Engineer. Expansion joints or loops shall be furnished, to allow for expansion and
contraction of the diffused aeration piping. For a system with fixed joints, the joints shall
be located between supports where the piping is longitudinally fixed. The joints shall
provide for full movement of the piping over the specified temperature range, without air
leakage.
2-6.05. Pipe Supports. Pipe supports shall be fabricated as specified herein and shall be
provided complete with all bases, anchor bolts and nuts, plates, rods, and other
accessories required for proper installation. Support anchors shall be ½” diameter
minimum for air distribution manifolds and 5/16 inch diameter minimum for diffuser
header laterals and shall be suitable to resist all loads, including vibratory loads.
One support for each section of piping shall include an integral device for rotational
adjustment during installation. All adjusting devices and mechanisms shall have
provisions to be locked in place to secure the piping in position after final adjustment and
alignment. Clamps used to fasten manifold and lateral piping to pipe supports shall have
a minimum width of 1-1/2 inch.
All supports shall include a mechanism to provide for a minimum of ± 2 inches vertical
and ± 1/2 inch lateral adjustment for alignment of the piping. The spacing between
supports shall be as recommended by the manufacturer. For grids located on sloped tank
bottoms, additional adjustment shall be provided.
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shall be as recommended by the manufacturer. The assembly shall include a sump or
drop pipe for the collection of moisture, purge piping extending to near the top of the
basin wall, and a blowoff ball valve.
2-6.07. Cleanouts. A cleanout with a threaded or other easily removable end cap shall be
provided at the ends of each diffuser lateral.
2-6.08. Bolts and Nuts. Assembly bolts and nuts shall be provided as required for each
aeration system. Anti-seize compound will be applied to the threads of all stainless steel
bolts before assembly.
2-7. FABRICATION.
2-7.01. Welding. All welding shall be completed in the factory using the shielded arc,
inert gas, MIG or TIG method. Field welding will not be allowed. Filler wire shall be
added to all welds to provide for a cross section and 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 1/16 inch
beyond the inside diameter of the air header or fittings. Face rings and flanges shall be
continuously welded to pipe and fittings. Stitch welds will not be acceptable.
2-7.02. Surface Preparation. Unless otherwise specified or permitted, all items fabricated
from stainless steel shall be thoroughly cleaned, degreased, and pickled following
fabrication as specified in ASTM A380. Pickling shall produce a modest etch and shall
remove all embedded iron and heat tint. Pickled surfaces shall be subjected to a 24 hour
water test or ferroxyl test to detect the presence of residual embedded iron and shall be
repickled as needed to remove all traces of iron contamination. Pickled surfaces shall be
adequately protected during shipping and handling to prevent contact with iron or steel
objects or surfaces. Blast cleaning of stainless steel will not be acceptable.
2-8. ACCESSORIES.
2-8.01. Portable Pressure Monitoring Control Panel. The manufacturer shall furnish four
(4) portable pressure monitoring control panels, a junction box, a carrier column, and
required accessories to take pressure readings at each of the droplegs. Required readings
include dynamic wet pressure differential across the diffuser and orifice pressure
differential. The equipment furnished shall include differential pressure gauges (orifice
and diffuser), valving, quick connectors, fittings, tubing, calibration curves, NEMA 4X
fiberglass enclosure, mounting brackets, monitoring leads, and other necessary equipment
to make this a complete and operable system.
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PART 3 - EXECUTION
Diffusers shall be leveled to within plus or minus 1/2 inch of a common horizontal plane.
Deforming of air headers, diffuser connectors, diffusers, or pipe supports to align or level
the system will not be allowed.
All diffusers shall be connected directly to the diffused aeration piping as recommended
by the manufacturer.
The connection of the drop pipe to the air distributor header shall be made using a
flexible joint to allow ease of installation and alignment. Field connections in the
diffused aeration system shall be flanged or threaded. Other types of connectors require
approval by Engineer. Field welding of the diffused aeration equipment will not be
allowed.
For purposes of calculating diffuser installation cost in the Proposal section, seller shall
use a unit diffuser installation cost for membrane tube diffusers of $6.66 per diffuser.
The manufacturer's representative shall furnish a written report certifying that the
equipment has been properly installed; is in accurate alignment; is free from any undue
stress imposed by connecting piping or anchor bolts; and has been operated under full
load conditions and that it operated satisfactorily.
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Manufacturers' installation supervisor shall observe, instruct, guide, and direct the
installing contractor's erection or installation procedures.
The equipment manufacturer will be provided with written notification 10 days prior to
the need for such services.
Representatives of Engineer will observe the tests and collect a copy of the recorded data.
The information collected will be used as a basis for determining acceptability of the
manufacturer's results. In case of conflict, interpretations and calculations made by
Engineer will govern.
All testing shall occur at the manufacturer’s test facility or at a facility identified by the
manufacturer. The test facility shall be located within the continental United States,
unless the Engineer and District grant special permission to test elsewhere. All costs
associated with the testing are the responsibility of the manufacturer. The equipment
manufacturer shall provide all other support facilities which shall include, but not be
limited to, power, equipment, chemical storage tanks, mixing equipment, chemicals for
dissolved oxygen determinations by the modified Winkler method, chemicals for KLa
determination by the nonsteady state sulfite method, dissolved oxygen (DO) probes,
scales, and such other equipment and facilities as may be necessary.
Partial payment of 20% of the Contract Price will be allowed upon satisfactory
completion of shop tests and acceptance by Engineer. At least two weeks prior to the
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proposed testing date, the equipment manufacturer shall notify Engineer of the testing
date and shall submit a report detailing the proposed performance testing and analyses.
Testing shall be performed between 8 a.m. and 5 p.m. and shall begin on Monday or
Tuesday. If more than one day of testing is needed, the testing shall be done on
consecutive days. Engineer's initial observation of tests shall be at District's expense. All
costs of subsequent visits by Engineer to witness or observe additional tests necessary
because of failure of the initial tests or inability to conduct the initial tests will be
deducted from monies due the equipment manufacturer.
3-3.01. Test Procedures. The performance tests shall be performed in accordance with
the requirements specified herein, in water from a potable water source, and a water
temperature between 59°F and 77°F. With permission from Engineer, the manufacturer
may proceed with the test at water temperatures outside this range; however, no changes
in the test procedures or data analysis will be allowed to compensate for changing the
temperature. All tests will be performed at a side water depth of 26.1 feet. The diffusers
used in the shop test shall be from the same manufacturing run from which the diffusers
used for the full installation are supplied.
The airflow conditions are those airflows guaranteed by the manufacturers in the proposal
forms submittal but adjusted for the reactor volume used in the shop test by the following
formula.
Vol.Test
QTEST scfm = ×Q (scfm)
Vol.Design GUARANTEED
The data to be determined in each test shall include, but not be limited to:
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Uncorrected barometric pressure.
Pressure at top of drop pipe.
Additional data as necessary to determine compliance with the specifications.
Before each test, the aeration system should be operated for a period of time at the test
airflow rate to achieve steady state conditions.
A 10 percent, by weight, solution of cobalt chloride (CoCl2 6H2O) shall also be prepared
for the initial series of tests. About 34 lbs of cobalt chloride will be required per million
gallons to obtain a cobalt ion concentration of one milligram per liter. For test purposes,
the cobalt ion concentration shall be 0.5 mg/L or less.
For the initial series, the cobalt chloride solution shall be introduced into the tank with the
diffused aeration system operating. After a minimum of 15 minutes of operation,
addition of the sodium sulfite solution shall be started slowly. It will not be acceptable to
turn down the air to achieve better deoxygenation with sodium sulfite. The entire
quantity of sodium sulfite solution shall be added to the tank within a period of
approximately 5 minutes in a manner achieving uniform dispersion throughout the tank.
In each test, sodium sulfite shall be added to the water to deplete the oxygen
concentration to zero, and maintain the zero condition for at least one minute. A
10 percent, by weight, solution of sodium sulfite (Na2SO3) shall be prepared in sufficient
quantity to deplete and maintain the zero condition for one minute on all probe readouts
simultaneously. Stoichiometrically, about 75 lbs of 96 percent pure sodium sulfite will
be needed per million gallons to deplete the oxygen concentration one milligram per liter.
A minimum of 150 percent of the stoichiometric concentration is typically required to
achieve and maintain zero conditions for one minute. Technical grade sodium sulfite,
free of catalyst, shall be used.
Data shall be recorded that shows oxygen depletion. The data shall also show that all test
points remained at zero dissolved oxygen for at least one minute simultaneously. The
test shall be considered invalid if zero dissolved oxygen is not reached for at least one
minute at all test points simultaneously.
After the first tests have been completed, another batch of sodium sulfite shall be
prepared and the procedure repeated. No additional cobalt chloride solution should be
required after the first series. Should additional chemicals be required, they shall be
provided at no additional cost to District. No more than ten tests shall be made with the
same test water.
The equipment shall be operated to reaerate the water until oxygen saturation is reached.
Dissolved oxygen concentrations shall be monitored continuously during the depletion
and the reaeration periods. Dissolved oxygen concentrations shall be recorded at equal
increments of approximately one minute, or at a time interval which provides at least
15 readings between 10 and 90 percent of the measured DO saturation value, but
DO-time data shall be recorded during DO depletion and over the full aeration time. The
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temperature of the test liquid shall be recorded before and after each test run. Cobalt ion
concentration of the test water will be measured after completion of tests by an
independent testing laboratory and the test paid for by District. Points of dissolved
oxygen measurements shall be as indicated on Figure No. 2 at the end of this section.
3-3.02. Flow Meters. The measurement of airflow rate shall be made with suitable flow
metering equipment provided by the equipment manufacturer. The flowmeter shall be
acceptable to the Engineer.
3-3.03. Data Analysis. The dissolved oxygen deficit from saturation (Cs-Ct) for each
measurement point shall be calculated and plotted on semilog paper versus time (t) where
Ct is the measured oxygen concentration at any time (t), and Cs is the average dissolved
oxygen concentration, at temperature T, attained by aerating the basin contents until no
further increase in dissolved oxygen concentration is detected. A line of best fit shall be
drawn utilizing regression analysis on all points. A sample of such a plot is provided for
reference only in Figure No. 1 at the end of this section.
The overall oxygen transfer coefficient (KLa)T for each point of measurement specified
shall be computed by determining the slope of the line of the best fit by using the
following equation:
The oxygen transfer rate constant for each measurement point shall be corrected to 20°C
by the following formula:
(KLa)20 = (KLa)T(μT/20)0.62(h-1)
where: μ= absolute viscosity, (lb-sec/ft2)
For the all airflow conditions in each test set; the values of (KLa)20 which are calculated
across all 6 probe locations and any replicate runs must meet a variability criteria. This is
an indication of good data quality, reproducible conditions, and adequate distribution of
air. For each condition the individual values of (KLa)20 from all locations and for any
replicate tests shall be averaged and at least two-thirds of the individual (KLa)20 values
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shall be within 10 percent of the average value. If not, additional tests shall be conducted
until two-thirds of the (KLa)20 values are within 10 percent of the average of all (KLa)20
values.
The standard oxygen transfer rate by the aeration system shall be calculated by using the
average value of (KLa)20 in the following equation:
For all maximum day and annual average tests the standard oxygen transfer rates as
determined by the performance tests shall not be less than the corresponding values
specified in the appropriate performance requirement table within this specification. The
airflow rates used in the performance tests to meet the specified standard oxygen transfer
rate values shall not exceed the values guaranteed by the manufacturer in their submittal
and normalized for the test volume.
For all minimum month tests the standard oxygen transfer rates as determined by the
performance tests shall not exceed the corresponding values specified in the appropriate
performance requirement table within this specification. The airflow rates used in the
performance tests to meet the specified standard oxygen transfer rate values shall not be
less than the values guaranteed by the manufacturer in their submittal and normalized for
the test volume.
3-3.05. Modifications. If the diffused aeration equipment fails to satisfy the performance
requirements in any zone, it shall be modified as needed. Modifications shall be made or
additional equipment shall be furnished in that zone and installed as necessary to produce
an installation which will satisfy the performance requirements. Additional airflow will
not be an acceptable modification; rather if proposed modifications do not meet
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performance guarantees an excess airflow penalty will be assessed. The equipment in all
failed zones shall be completely retested after modification. Modifications and additional
equipment shall be provided and retesting shall be performed at no additional cost to
District. All structural or piping modifications necessary to accommodate the modified
equipment shall be made at the equipment manufacturer’s expense.
Field performance tests shall be conducted at each diffuser grid under maximum month
air flows. Temporary pressure gauges shall be installed in each grid drop leg for the test.
A minimum of 3 readings per grid shall be taken for the test, with the average of these
readings used for report purposes. The three readings shall be taken at 5 minute intervals,
after 5 minutes of operation at the specified air flow.
In the event of greater pressure losses than specified in any of the aeration grids during
the initial test period, the manufacturer shall make approved modifications and retest at
no additional cost to the District. In the event that average pressure is greater than
guaranteed after modifications an excess pressure penalty will be calculated based on the
annual average pressure test results.
3-4.01. Disposal of Waste Material. When field testing is completed, disposal of all
waste materials, including water, shall be performed by the Contractor. The method of
disposal shall be acceptable to the appropriate regulatory agencies.
3-6. PENALTIES. The Seller will be subject to the following penalties if their aeration
system does not meet the following performance requirements:
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3-6.01. Aeration Energy Penalty. The Seller will be responsible for redesign and
retesting of the aeration equipment at no additional cost to the District if the performance
requirements are not validated based on the clean water OTE testing performed prior to
installation. If the Seller fails to demonstrate compliance based on the results of the
second OTE test, penalties will be assessed to the Seller to compensate the District for the
additional energy required to meet the aeration requirements throughout the project life.
Penalties will be calculated by the Engineer, as follows:
(1). The required 2035 Phase 1 SOTRs are taken from the Fine Bubble Diffuser Design Criteria
tables.
(2). The share of the total oxygen demand will be calculated for each zone (fn) at 2035 Phase 1
conditions.
(3). The Manufacturer Guaranteed Airflow will be pulled from the manufacturer submittal for
each zone at 2035 Phase 1 conditions.
(4). The Manufacturer Guaranteed OTE will be calculated from the Required SOTR and the
Guaranteed Airflow for each zone by the following formula.
100 ∙
% .
∙ 60 ∙ 0.075 ∙ 0.23
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(5). A weighted average of the guaranteed OTEs for each zone will be determined using fn
determined above.
% ∙
%
2. Determine 2035 (Phase 1) Weighted Average Measured Shop Test OTE which is
calculated using Table 3-6.2. Table cells shaded in blue shall be completed by the
Seller.
(1). The Shop Test SOTRs will be calculated by the manufacturer, approved by the engineer, and
adjusted to correspond to the full scale zone (with 8 basins are online) by the following
formula.
8 ∙
.
(2). Zone Share of Total SOTR Requirements for each zone (fn) is repeated from Table 3-6.1.
(3). The Shop Test airflows used in testing will be adjusted to correspond to the full scale zone
(with 8 basins are online) by the following formula.
8 ∙
.
(4). The Shop Test Measured OTE will be calculated from the shop test adjusted SOTR and
airflow for each zone .
100
.
.
% ∙ 60 ∙ 0.075 ∙ 0.23
.
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(5). A weighted average of the Shop Test Measured OTE for each zone will be determined using
fn .
% ∙
%
3. Determine Excess Airflow Penalty if the Weighted Average Shop Test Measured
OTE is less than the Weighted Average Guaranteed OTE. Airflow liability, the
resulting energy liability, and the excess airflow penalty for 20 years will be
calculated using Table 3-6.3 below. Table cells shaded in blue shall be completed
by the Seller.
(1). The 2020, 2035, and 2048 Required Total SOTRs are the sum of SOTRs for Zones 1a-4a;
pulled from the Design Criteria Tables 2.3-1 through 2.3-7. Values for the intermediate
years are interpolated.
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(2). The Guaranteed Total Airflow for each year is calculated based with the Weighted
Average Guaranteed OTE and the required SOTR for each year.
60 0.23 0.075
.
100
%
(3). The Required Total Airflow for each year is calculated based with the Weighted Average
Shop Test OTE and the required SOTR for each year.
60 0.23 0.075
.
100
%
(4). The Airflow Liability for each year is the difference between the Guaranteed Total Airflow
and the Required Total Airflow for each year.
(5). The Airflow Energy Liability for each year t is the product of the Guaranteed Yearly Energy
Requirement Factor for 2035 (Phase 1) and the Airflow Liability for each year. The
guaranteed yearly energy requirement factor for 2035 (Phase 1) is a function of top of drop
leg pressures at that condition as determined through the process described in the
Preselection Form.
(6). Energy cost for each year is calculated using an initial cost and an inflation rate of 3.5%
per year.
$ $
0.09 ∙ 1.035
(7). A discount multiplier of 1.05 is used to determine the present value of the penalty for all
years .
1.05
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(8). The Excess Airflow Penalty for each year is calculated as the product of the Airflow
Energy Liability, the Energy Cost, and the Discount Multiplier as per the following formula.
$
$ ∙ ∙
(9). The Excess Airflow Penalty is the sum of the penalty for years 1 through 20.
3-6.02. Pressure Loss Penalty. If the average of the measured pressure drop at each drop
leg during the commissioning testing exceeds the average of the guaranteed pressure at
each drop leg from the submittal, the Seller will be penalized. The guaranteed average
pressure and measured average pressure will both be converted into Kwh/scfm values and
the difference between the guaranteed Kwh/scfm and measured Kwh/scfm will be the
basis for determining the energy penalty, as follows:
1. Determine the Annual Excess Pressure Energy Liability per unit airflow which is
calculated using Table 3-6.4.
(1). The Guaranteed Top of Drop Leg Pressure will be determined by averaging the pressures
reported by the diffuser manufacturer in the diffuser proposal for Zones 1a-4a at 2035 Phase
1 conditions provided in the Basis for LCC Proposal Form (Section 00 41 00).
(2). During commissioning the Top of Drop Leg Pressure at 2035 Average Airflows will be
measured for Zones 1a-4a as outlined in the technical specifications. The Measured Top of
Drop Leg Pressure will be determined by averaging these for all zones.
(3). The Guaranteed Yearly Aeration Energy Requirement factor for 2035 Phase 1 will be
determined using the Guaranteed Top of Drop Leg Pressure through the process described in
the PROPOSAL Section (00 41 00).
(4). The Measured Yearly Aeration Energy Requirement factor for 2035 Phase 1 will be
determined using the Measured Top of Drop Leg Pressure through the process described in
the PROPOSAL Section (00 41 00).
(5). The Annual Excess Pressure Energy Liability is calculated as the difference between the
Guaranteed and Measured Aeration Energy Requirement as per the following formula.
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2. Determine Excess Pressure Penalty if the measured pressure drop is higher than
the guaranteed pressure drop using Table 3-6.5. Table cells shaded in blue shall
be completed by the Seller.
(1). The Required Total Airflow for all years will be determined in the excess airflow penalty
determination. Those will be pasted here for the determination of the Excess Pressure
Liability.
(2). The Pressure Energy Liability for all years will be determined as the product of the
Required Total Airflow and the Excess Pressure Energy Liability determined in Table 3-6.4
above.
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(3). The cost for each year is calculated using an initial cost and an inflation rate of 3.5% per
year.
$ $
0.09 ∙ 1.035
(4). A discount multiplier of 1.05 is used to determine the present value of the penalty for all
years .
1.05
(5). The Excess Pressure Penalty for each year t is calculated based on the Pressure Energy
Liability, the Energy Cost, and the Discount Multiplier as per the following formula.
$
$ ∙ ∙
(6). The Excess Pressure Penalty is the sum of the penalty for years 1 through 20 which is to be
paid if necessary in 2020.
3-7.01. Transfer Efficiency Warranty Testing. If the OTE of clean diffusers drops below
the guaranteed OTE by 5% at any point during the warranty period the diffused aeration
membranes shall be replaced under warranty. Aged OTE shall be determined by the
District periodically by removing a sample of membranes the zone to be tested by
following the clean water oxygen transfer test procedure for acceptance testing at a
facility similar to that used for acceptance testing.
The basin and zone to be tested will be selected by the district and testing will be at the
district's expense. The number of diffusers which will be sampled will be appropriate for
the diffuser density in the tested zone and the test tank size. Half of the diffusers will be
selected by District Staff and half will be selected by the Vendor or Vendor
Representative. These diffuser membranes will be removed and sprayed with plant
effluent at 65 psi (+/- 5 psi) to clean the diffusers prior to shipping.
As diffuser aging is more rapid in the earlier zones a failed test of any zone will trigger
the warranty for that zone and all upstream fine bubble diffuser zones.
3-7.02. Pressure Drop Warranty Testing. If the top of the drop leg pressure exceeds the
maximum allowed initial top of drop leg pressure plus an allowance of 0.3 psi (for an
increase in membrane pressure drop due to aging) at any point during the warranty
period, the diffused aeration membranes shall be replaced under warranty. The maximum
aged top of drop leg pressure allowed is 12.2 psi or 12.3 psi if the low airflow allowance
is used, as described in Section 2-3.02. The testing procedure described in Section 3-4
Field Performance Testing will be replicated and witnessed by Vendor or Vendor
Representative. Pressure drop testing for any zone will trigger warranty for that zone only
across all 8 basins.
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3-8. COMMISSIONING. The Fine Bubble Diffused Aeration System supplier shall
provide input during construction and the Commissioning Phases as specified in the
COMMISSIONING Section (01 91 00). The Seller shall include in its proposal the
following requirements for input during construction and the Commissioning phases:
Construction
2 trips, 80 hours to verify mechanical installation checks
Pre-Commissioning
2 trips, 8 hours each to support SAT
Start-Up
1 trip, 8 hours to verify installation
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Figure No. 1
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Figure No. 2
**END OF SECTION**
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SECTION 46 51 33
PART 1 - GENERAL
1-1. SCOPE. This section covers furnishing and performance testing of fine pore
diffused aeration equipment for the Biological Nutrient Removal (BNR) basins and WAS
Classifying Selector (WCS) basins as indicated on the Drawings and as specified herein.
The WCS basins are used to aerate return activated sludge (RAS) flow prior to the waste
activated sludge (WAS) wasting location.
The flexible membrane disc diffuser equipment shall be furnished complete with all
aeration diffuser assemblies, stainless steel piping required for air cooling, pipe and
diffuser supports, anchor bolts, air piping and headers, moisture blowoff assemblies,
portable pressure monitoring control panels and pressure monitoring equipment, and any
additional materials, accessories, or construction indicated on the Drawings, specified, or
otherwise required for a complete and properly operating system.
The diffused aeration equipment manufacturer shall be responsible for supplying all air
piping in the aeration basins from the butterfly valve at each drop pipe as indicated on the
Drawings, including the drop pipes, manifolds, laterals, pressure monitoring equipment,
and all accessories and appurtenances required for proper installation and operation. Air
piping, permanent flowmeters, and valves beyond the limits indicated on the Drawings
are not required to be provided as part of the diffused aeration equipment manufacturer
package.
1-2. GENERAL. Equipment furnished under this section shall be fabricated and
assembled in full conformity with drawings, specifications, engineering data,
instructions, and recommendations of the equipment manufacturer, unless exceptions are
noted by Engineer.
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1-2.01. Coordination. All equipment provided in this section shall be furnished by or
through a single manufacturer who shall coordinate the design of all components for the
entire diffused aeration system.
1-3.01. Post Shop Testing Submittal. After diffused aeration system shop testing, Seller
shall submit all calculations, documentation and reports pertinent to the Seller’s design
and proposal regarding compliance with the specified Performance and Design
Requirements. Submittal information shall include but not be limited to determination of
air flow and number of diffusers, minimum mixing air flow while maintaining adequate
diffuser air flow and pressure loss and pipe sizing calculations.
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1-5. QUALITY ASSURANCE.
1-5.01. Welding Qualifications. All welding procedures and welding operators shall be
qualified by an independent testing laboratory in accordance with the applicable
provisions of Section IX of the ASME Code. All procedure and operator qualifications
shall be in written form and subject to Engineer's review. Accurate records of operator
and procedure qualifications shall be maintained by Contractor and made available to
Engineer upon request.
1-5.02. Welder Certification. Prior to the start of the work, Contractor shall submit a list
of the welders he proposes using and the type of welding for which each has been
qualified. Copy of certification and identification stamp shall be submitted for each
welder. Qualification tests may be waived if evidence of prior qualification is deemed
suitable by Engineer.
1-5.03. Tolerances. The system shall be designed and manufactured in such a manner
that all diffuser elements are within ± 0.5 inches of the elevation indicated herein.
1-6. ON-HAND SPARE PARTS. No spare parts are required as part of the project. The
Seller may determine a supply of on-hand spare parts for construction and commissioning
and provide them as part of the scope of supply with this proposal. Upon completion of
the contract, the District will determine if the uninstalled replacement spare parts will be
retained or returned to the Seller.
PART 2 - PRODUCTS
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WCS Basin Water Surface Elevation 125.0 - 125.5 ft
Number of air supply blowers. 5 duty, 1 standby
Air Temperature range at top of drop pipe. 100 to 275 °F
All equipment furnished shall be designed to meet all specified conditions and to operate
satisfactorily at the specified elevation.
2-2. BNR BASIN DRAWINGS. Drawings for a typical (one of eight) BNR aeration
basin and the WAS Classifying Selector Basins are included in Appendix A to this
Procurement Package. The drawings indicate the dimensions of a typical BNR aeration
basin, dimensions of each BNR basin aeration zone, dimensions of the WAS Classifying
Selector basins, water surface evaluations and floor areas where diffusers cannot be
located. The aeration equipment shall convey air from the air main and lateral piping
outside the BNR basins, beginning at the butterfly valve at each drop pipe as indicated on
the Drawings, to the air diffusers within the BNR basins. The air distribution lines shall
be designed so that adding air to the lines will expel all water or waste. The air diffusers
shall diffuse the air uniformly into the basins in which they are submerged.
The aeration system shall be designed to transfer the required amount of oxygen and shall
have sufficient mixing capacity to thoroughly mix the entire contents and to keep all
solids in suspension.
The diffused aeration equipment shall be designed to meet the performance and design
requirements specified herein. The capability of the aeration equipment to meet the
specified oxygen transfer rates shall be determined by shop performance tests specified
herein. Field performance testing is also specified herein to demonstrate that the
equipment meets specified initial pressure loss through the system under design
conditions. Three design conditions are presented in Tables 2-3.1 through 2-3.8 for each
aeration zone for a typical BNR aeration basin and each WAS Classifying Selector basin
for the BNR and WCS basins. The 2048 design condition shall be used by the diffuser
supplier as the basis for the ultimate aeration system design of diffuser, grid, and air
lateral layout. The 2035 design condition shall be used by the diffuser supplier to
determine the number of diffusers and blanks to be initially installed on the 2048 grid
layout for operation of the basins at the initial plant flows. The 2020 design condition
shall be used to ensure turndown aeration requirements will not lead to over-aeration
initially. All 3 design conditions will be used by the diffuser supplier to calculate aeration
energy life cycle costs as outlined in the Proposal section.
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BNR Basins Operating Conditions
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Table 2-3.3: Design Criteria for Fine Bubble Diffuser Zone 2a
Maximum Maximum Annual Minimum Minimum
Day Month Average Month Day
Target Dissolved Oxygen 2.0 2.0 2.0 2.0 2.0 mg/L
2048 970 860 580 440 360 lb/hr
SOTR † 2035 870 770 470 360 300 lb/hr
2020 800 720 380 280 240 lb/hr
Installed Airflow Range† 420 - 2280 scfm
Minimum Mixing Airflow† 400 scfm
Maximum Initial Pressure
11.7‡ psi
Available at Top of Drop Pipe
Zone Dimensions (L x W x D) 59.8 x 56.0 x 26.1 ft
Minimum Number of Grids 1 -
Minimum Diameter of Drop Pipe 8 inch
† Zone airflows and SOTRs based on one of eight basins
‡ 11.8 psi will be allowed if the criteria established in Section 2-3.02 below are satisfied
Table 2-3.4: Example Design Criteria for Fine Bubble Diffuser Zone 2b
Maximum Maximum Annual Minimum Minimum
Day Month Average Month Day
Target Dissolved Oxygen 2.0 2.0 2.0 2.0 2.0 mg/L
2048 890 770 560 430 350 lb/hr
SOTR † 2035 800 710 450 350 290 lb/hr
2020 740 660 360 280 230 lb/hr
Installed Airflow Range† 410 - 2100 scfm
Minimum Mixing Airflow† 400 scfm
Maximum Initial Pressure
11.7‡ psi
Available at Top of Drop Pipe
Zone Dimensions (L x W x D) 59.8 x 56.0 x 26.1 ft
Minimum Number of Grids 1 -
Minimum Diameter of Drop Pipe 8 inch
† Zone airflows and SOTRs based on one of eight basins
‡ 11.8 psi will be allowed if the criteria established in Section 2-3.02 below are satisfied
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Table 2-3.5: Design Criteria for Fine Bubble Diffuser Zone 3a
Maximum Maximum Annual Minimum Minimum
Day Month Average Month Day
Target Dissolved Oxygen 2.0 2.0 2.0 2.0 2.0 mg/L
2048 760 620 480 370 320 lb/hr
SOTR † 2035 680 570 390 310 260 lb/hr
2020 630 530 310 240 210 lb/hr
Installed Airflow Range† 360 - 1800 scfm
Minimum Mixing Airflow† 360 scfm
Maximum Initial Pressure
11.7‡ psi
Available at Top of Drop Pipe
Zone Dimensions (L x W x D) 59.8 x 51.0 x 26.1 ft
Minimum Number of Grids 1 -
Minimum Diameter of Drop Pipe 6 inch
† Zone airflows and SOTRs based on one of eight basins
‡ 11.8 psi will be allowed if the criteria established in Section 2-3.02 below are satisfied
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Table 2-3.7: Design Criteria for Fine Bubble Diffuser Zone 4
Maximum Maximum Annual Minimum Minimum
Day Month Average Month Day
Target Dissolved Oxygen 2.0 2.0 2.0 2.0 2.0 mg/L
2048 1360 1160 880 780 640 lb/hr
SOTR † 2035 1260 1100 730 650 530 lb/hr
2020 1170 1020 580 510 420 lb/hr
Installed Airflow Range† 960 - 3530 scfm
Minimum Mixing Airflow† 960 scfm
Maximum Initial Pressure
11.7‡ psi
Available at Top of Drop Pipe
Zone Dimensions (L x W x D) 157.3 x 51.0 x 26.1 ft
Minimum Number of Grids 2 -
Minimum Diameter of Drop Pipe 10 inch
† Zone airflows and SOTRs based on one of eight basins
‡ 11.8 psi will be allowed if the criteria established in Section 2-3.02 below are satisfied
Table 2-3.8: Design Criteria for Each Fine Bubble Diffuser WAS CS
Maximum Maximum Annual Minimum Minimum
Day Month Average Month Day
Target Dissolved Oxygen 2.0 2.0 2.0 2.0 2.0 mg/L
2048 1860 1310 1060 870 670 lb/hr
SOTR † 2035 1510 1070 860 710 550 lb/hr
2020 1140 810 660 540 430 lb/hr
Installed Airflow Range† 1010 - 4700 scfm
Minimum Mixing Airflow† 1010 scfm
Maximum Initial Pressure
11.7‡ psi
Available at Top of Drop Pipe
Zone Dimensions (L x W x D) 325.0 x 26.0 x 26.1 ft
Minimum Number of Grids 3 -
Minimum Diameter of Drop Pipe 8 inch
† Zone airflows and SOTRs based one of two WAS Classifying Selectors
‡ 11.8 psi will be allowed if the criteria established in Section 2-3.02 below are satisfied
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2-3.02. Low Airflow Pressure Exception. An additional 0.1 psi initial pressure at top of
drop pipe will be allowed if the sum of 2048 Max Day Airflows across aeration grids 1a,
1b, 2a, 2b, 3a, 3b, 4, and the WAS CS is less than 174,000 scfm.
2-5. MATERIALS.
Drop Pipes and Air Distribution or Stainless steel, ASTM A312 Grade TP 316L
Loop Piping Where Required for and AISI Type 316L, Schedule 10S.
Heat Dissipation
Air Distribution Manifolds ASTM D1785 Cell Classification 12454
ultraviolet resistant Schedule 40 PVC or
ASTM F441 Cell Classification 23447
ultraviolet resistant Schedule 40 CPVC.
Diffuser Header Laterals
Discs ASTM D3034 and D3915 SDR min. 35
PVC, ultraviolet resistant or, ASTM D1784,
ASTM D1785 Cell Classification 12454,
ultraviolet resistant Schedule 40 PVC.
Fittings ASTM D2466 Cell Classification 12454
ultraviolet resistant Schedule 40 PVC or
ASTM F438 Cell Classification 23447
ultraviolet resistant Schedule 40 CPVC.
Joints and End Caps Ultraviolet-resistant PVC, compression type
with neoprene seals; thickness class to be
the same as the pipe.
Supports, Clamps, and Anchors ASTM A240 and A276, Type 316L stainless
steel.
Bolts, Nuts, and Washers AISI Type 316, Bolts ASTM F593, Alloy
Group 1; Nuts ASTM F594, Alloy Group 1;
Washers ANSI B18.22.1. Minimum
diameter of anchor bolts shall be 1/2” for air
distribution manifolds and 3/8” for diffuser
header laterals.
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Flange Bolts ASTM A193 Class 2, AISI Type 316, ANSI
B18.2.1, heavy hex head, length such that,
after installation, the bolts will project 1/8 to
3/8 inch [3 to 10 mm] beyond outer face of
the nut
Flange Nuts ASTM A194, AISI Type 316, ANSI/
ASME B18.2.2, heavy hex pattern.
Diffuser Assembly
Membrane Disc EPDM or PTFE coated EPDM membrane
disc with an ultraviolet inhibitor; ultraviolet-
resistant PVC or polypropylene holder.
Moisture Blowoff Assembly ASTM D1784 and ASTM D2241, Type 1,
Grade 1, Schedule 80 PVC piping and
fittings, solvent welded, with PVC ball
valves, ultraviolet resistant.
Welded Miscellaneous Metals ASTM A240, Type 316L stainless steel.
Nonwelded Miscellaneous Metals ASTM A240, Type 316.
Gaskets Neoprene, 45 to 55 Type A durometer,
tested in accordance with ASTM D2240.
Tubular Products and Fittings Grade TP316L, fabricated in conformance
with ASTM A778 and ASTM A774.
2-6. CONSTRUCTION.
2-6.01. Diffused Aeration Equipment. The flexible membrane disc diffuser equipment
shall be furnished complete with all aeration diffuser assemblies, stainless steel piping
required for air cooling, pipe and diffuser supports, anchor bolts, air piping and headers,
moisture blowoff assemblies, portable pressure monitoring control panels and pressure
monitoring equipment, and any additional materials, accessories, or construction
indicated on the Drawings, specified, or otherwise required for a complete and properly
operating system.
2-6.02. Membrane Disc Diffuser Assemblies. Each disc diffuser assembly shall consist
of a round, flexible membrane diffuser element, a disc membrane holder with integral
backflow prevention mechanism, and an independent retaining system to attach the
membrane to the holder. The material used for both the membrane diffuser element and
the membrane holder shall be noncorrosive and UV resistant.
The membrane diffuser element shall be an EPDM or PTFE coated EPDM material with
an ultraviolet inhibitor and compounds designed for resistance to chemical attack,
weathering, and aging. Data shall be provided to show the chemical resistivity of the
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membrane material proposed for installation. The surface of the membrane must be
smooth to prevent biological growth from attaching.
The diffuser assembly shall be connected to the air distribution piping using a connection
saddle or casting. Direct connection of the diffuser assembly to the air distribution piping
shall not be acceptable. The connection saddle or casting shall be one piece construction,
high strength PVC, polypropylene or other suitable material, and must be either threaded
or provided with an alternative mechanism for mounting of diffuser assemblies.
Connection saddles or castings that are solvent welded to the crown of the air distribution
piping shall be attached in the factory. Field installation of connection saddles or
castings shall not be acceptable. For connection saddles that consist of an independent
saddle/wedge assembly, installation may be completed in the field.
2-6.03. Diffused Aeration Piping. A diffused aeration piping system shall be provided to
distribute air from the aeration supply piping to the diffusers. The piping system shall
begin at a location as indicated on the Drawings. The piping system shall include the
entire air distribution system, including all drop pipes, air distribution manifolds and
diffuser header laterals. The piping shall be provided complete with all fittings, specials,
flanges, couplings, slip joints, anchors, gaskets, bolts and nuts, pipe supports, end caps,
connections, appurtenances, and accessories as required, or needed for proper installation
and functioning of the diffused aeration system.
The diffused aeration drop pipes shall be in the locations as indicated on the Drawings.
The minimum size of drop pipes shall be as recommended by the manufacturer but in no
case smaller than the minimum diameter specified herein. The diffused aeration system
manufacturer shall provide a reducer with a flanged connection if required for connection
of the drop pipe to the piping furnished by the Contractor.
If sufficient cooling of the process air can be achieved in the drop pipe, the air
distribution manifolds and the diffuser header laterals shall be ultraviolet-resistant PVC,
and shall be sized by the manufacturer to evenly distribute the flow to all diffusers with a
minimum pressure drop. If cooling of the air to the maximum operating temperature of
PVC pipe under all specified conditions cannot be achieved in the drop pipe, additional
stainless steel shall be used in a drop pipe cooling loop in sufficient length to achieve the
required cooling for the PVC pipe air distribution system. Alternatively, ultraviolet-
resistant CPVC pipe may be used. The manufacturer shall engage a professional
engineer registered in California to certify that under all specified operating conditions:
The design provides sufficient cooling in the stainless steel portion of the pipe in
each drop leg, so the temperature at the mean wall (midpoint of the pipe wall
thickness) at any point in the PVC or CPVC pipe to be installed, is below the
rated continuous operating temperature of the pipe at maximum day airflow
conditions when top of dropleg air temperature is 275°C, and
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The design provides sufficient cooling to reduce the air temperature to the rated
continuous operating temperature of PVC diffuser components at maximum day
airflow conditions when top of dropleg air temperature is 275°C.
A stainless steel band coupling shall connect stainless steel pipe to PVC or CPVC pipe.
Flanged or union type joints shall connect the manifold to the PVC diffuser headers. All
piping shall be supported with stainless steel pipe stands.
All subsurface connections, including supports and fasteners, shall be free from
protrusions and sharp angles to which rags or stringy materials may become attached.
Each air distribution header shall be fabricated in sections having a maximum length as
recommended by the manufacturer. Changes in diffuser header diameter shall not be
acceptable. Connections between sections of the air distribution headers shall be
designed so that individual header sections can be rotated independently of adjacent
header sections for alignment purposes.
All pipe diameter transitions between header pipe and laterals shall be made using
eccentric tees such that the pipe inverts remain the same throughout the horizontal grid
system.
2-6.04. Field Connections and Expansion Provisions. All field connections shall be
flanged or made with a threaded union. Other types of connectors require approval by
Engineer. Expansion joints or loops shall be furnished, to allow for expansion and
contraction of the diffused aeration piping. For a system with fixed joints, the joints shall
be located between supports where the piping is longitudinally fixed. The joints shall
provide for full movement of the piping over the specified temperature range, without air
leakage.
2-6.05. Pipe Supports. Pipe supports shall be fabricated as specified herein and shall be
provided complete with all bases, anchor bolts and nuts, plates, rods, and other
accessories required for proper installation. Support anchors shall be ½” diameter
minimum for air distribution manifolds and 3/8 inch diameter minimum for diffuser
header laterals and shall be suitable to resist all loads, including vibratory loads.
One support for each section of piping shall include an integral device for rotational
adjustment during installation. All adjusting devices and mechanisms shall have
provisions to be locked in place to secure the piping in position after final adjustment and
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alignment. Clamps used to fasten manifold and lateral piping to pipe supports shall have
a minimum width of 1-1/2 inch.
All supports shall include a mechanism to provide for a minimum of ± 2 inches vertical
and ± 1/2 inch lateral adjustment for alignment of the piping. The spacing between
supports shall be as recommended by the manufacturer. For grids located on sloped tank
bottoms, additional adjustment shall be provided.
2-6.07. Cleanouts. A cleanout with a threaded or other easily removable end cap shall be
provided at the ends of each diffuser lateral.
2-6.08. Bolts and Nuts. Assembly bolts and nuts shall be provided as required for each
aeration system. Anti-seize compound will be applied to the threads of all stainless steel
bolts before assembly.
2-7. FABRICATION.
2-7.01. Welding. All welding shall be completed in the factory using the shielded arc,
inert gas, MIG or TIG method. Field welding will not be allowed. Filler wire shall be
added to all welds to provide for a cross section and 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 1/16 inch
beyond the inside diameter of the air header or fittings. Face rings and flanges shall be
continuously welded to pipe and fittings. Stitch welds will not be acceptable.
2-8. ACCESSORIES.
2-8.01. Portable Pressure Monitoring Control Panel. The manufacturer shall furnish four
(4) portable pressure monitoring control panels, a junction box, a carrier column, and
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required accessories to take pressure readings at each of the drop legs. Required readings
include dynamic wet pressure differential across the diffuser and orifice pressure
differential. The equipment furnished shall include differential pressure gauges (orifice
and diffuser), valving, quick connectors, fittings, tubing, calibration curves, NEMA 4X
fiberglass enclosure, mounting brackets, monitoring leads, and other necessary equipment
to make this a complete and operable system.
PART 3 - EXECUTION
Diffusers shall be leveled to within plus or minus 1/2 inch of a common horizontal plane.
Deforming of air headers, diffuser connectors, diffusers, or pipe supports to align or level
the system will not be allowed.
All diffusers shall be connected directly to the diffused aeration piping as recommended
by the manufacturer.
The connection of the drop pipe to the air distributor header shall be made using a
flexible joint to allow ease of installation and alignment. Field connections in the
diffused aeration system shall be flanged or threaded. Other types of connectors require
approval by Engineer. Field welding of the diffused aeration equipment will not be
allowed.
For purposes of calculating diffuser installation cost in the Proposal section, seller shall
use a unit diffuser installation cost for membrane tube diffusers of $4.52 per diffuser.
The manufacturer's representative shall furnish a written report certifying that the
equipment has been properly installed; is in accurate alignment; is free from any undue
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Fine Bubble Diffused Aeration System
stress imposed by connecting piping or anchor bolts; and has been operated under full
load conditions and that it operated satisfactorily.
Manufacturers' installation supervisor shall observe, instruct, guide, and direct the
installing contractor's erection or installation procedures.
The equipment manufacturer will be provided with written notification 10 days prior to
the need for such services.
Representatives of Engineer will observe the tests and collect a copy of the recorded data.
The information collected will be used as a basis for determining acceptability of the
manufacturer's results. In case of conflict, interpretations and calculations made by
Engineer will govern.
All testing shall occur at the manufacturer’s test facility or at a facility identified by the
manufacturer. The test facility shall be located within the continental United States,
unless the Engineer and District grant special permission to test elsewhere. All costs
associated with the testing are the responsibility of the manufacturer. The equipment
manufacturer shall provide all other support facilities which shall include, but not be
limited to, power, equipment, chemical storage tanks, mixing equipment, chemicals for
dissolved oxygen determinations by the modified Winkler method, chemicals for KLa
determination by the nonsteady state sulfite method, dissolved oxygen (DO) probes,
scales, and such other equipment and facilities as may be necessary.
3/23/2015
Biological Nutrient Removal 46 51 33 - 15
Fine Bubble Diffused Aeration System
Dissolved oxygen concentration measurements shall be made with direct reading
instruments which have been standardized against a laboratory determination of dissolved
oxygen as described in the latest edition of "Standard Methods for Examination of Water
and Waste Water", with appropriate modification for interfering substances. One direct
reading instrument shall be provided for each point as shown on the Figure No. 2 at the
end of this section. Each instrument shall have a probe cord of adequate length.
Partial payment of 20% of the Contract Price will be allowed upon satisfactory
completion of shop tests and acceptance by Engineer. At least two weeks prior to the
proposed testing date, the equipment manufacturer shall notify Engineer of the testing
date and shall submit a report detailing the proposed performance testing and analyses.
Testing shall be performed between 8 a.m. and 5 p.m. and shall begin on Monday or
Tuesday. If more than one day of testing is needed, the testing shall be done on
consecutive days. Engineer's initial observation of tests shall be at District's expense. All
costs of subsequent visits by Engineer to witness or observe additional tests necessary
because of failure of the initial tests or inability to conduct the initial tests will be
deducted from monies due the equipment manufacturer.
3-3.01. Test Procedures. The performance tests shall be performed in accordance with
the requirements specified herein, in water from a potable water source, and a water
temperature between 59°F and 77°F. With permission from Engineer, the manufacturer
may proceed with the test at water temperatures outside this range; however, no changes
in the test procedures or data analysis will be allowed to compensate for changing the
temperature. All tests will be performed at a side water depth of 26.1 feet. The diffusers
used in the shop test shall be from the same manufacturing run from which the diffusers
used for the full installation are supplied.
The airflow conditions are those airflows guaranteed by the manufacturers in the proposal
forms submittal but adjusted for the reactor volume used in the shop test by the following
formula.
Vol.Test
QTEST scfm = ×Q (scfm)
Vol.Design GUARANTEED
3/23/2015
Biological Nutrient Removal 46 51 33 - 16
Fine Bubble Diffused Aeration System
The data to be determined in each test shall include, but not be limited to:
Before each test, the aeration system should be operated for a period of time at the test
airflow rate to achieve steady state conditions.
A 10 percent, by weight, solution of cobalt chloride (CoCl2 6H2O) shall also be prepared
for the initial series of tests. About 34 lbs of cobalt chloride will be required per million
gallons to obtain a cobalt ion concentration of one milligram per liter. For test purposes,
the cobalt ion concentration shall be 0.5 mg/L or less.
For the initial series, the cobalt chloride solution shall be introduced into the tank with the
diffused aeration system operating. After a minimum of 15 minutes of operation,
addition of the sodium sulfite solution shall be started slowly. It will not be acceptable to
turn down the air to achieve better deoxygenation with sodium sulfite. The entire
quantity of sodium sulfite solution shall be added to the tank within a period of
approximately 5 minutes in a manner achieving uniform dispersion throughout the tank.
In each test, sodium sulfite shall be added to the water to deplete the oxygen
concentration to zero, and maintain the zero condition for at least one minute. A
10 percent, by weight, solution of sodium sulfite (Na2SO3) shall be prepared in sufficient
quantity to deplete and maintain the zero condition for one minute on all probe readouts
simultaneously. Stoichiometrically, about 75 lbs of 96 percent pure sodium sulfite will
be needed per million gallons to deplete the oxygen concentration one milligram per liter.
A minimum of 150 percent of the stoichiometric concentration is typically required to
achieve and maintain zero conditions for one minute. Technical grade sodium sulfite,
free of catalyst, shall be used.
Data shall be recorded that shows oxygen depletion. The data shall also show that all test
points remained at zero dissolved oxygen for at least one minute simultaneously. The
test shall be considered invalid if zero dissolved oxygen is not reached for at least one
minute at all test points simultaneously.
After the first tests have been completed, another batch of sodium sulfite shall be
prepared and the procedure repeated. No additional cobalt chloride solution should be
required after the first series. Should additional chemicals be required, they shall be
3/23/2015
Biological Nutrient Removal 46 51 33 - 17
Fine Bubble Diffused Aeration System
provided at no additional cost to District. No more than ten tests shall be made with the
same test water.
The equipment shall be operated to reaerate the water until oxygen saturation is reached.
Dissolved oxygen concentrations shall be monitored continuously during the depletion
and the reaeration periods. Dissolved oxygen concentrations shall be recorded at equal
increments of approximately one minute, or at a time interval which provides at least
15 readings between 10 and 90 percent of the measured DO saturation value, but
DO-time data shall be recorded during DO depletion and over the full aeration time. The
temperature of the test liquid shall be recorded before and after each test run. Cobalt ion
concentration of the test water will be measured after completion of tests by an
independent testing laboratory and the test paid for by District. Points of dissolved
oxygen measurements shall be as indicated on Figure No. 2 at the end of this section.
3-3.02. Flow Meters. The measurement of airflow rate shall be made with suitable flow
metering equipment provided by the equipment manufacturer. The flowmeter shall be
acceptable to the Engineer.
3-3.03. Data Analysis. The dissolved oxygen deficit from saturation (Cs-Ct) for each
measurement point shall be calculated and plotted on semilog paper versus time (t) where
Ct is the measured oxygen concentration at any time (t), and Cs is the average dissolved
oxygen concentration, at temperature T, attained by aerating the basin contents until no
further increase in dissolved oxygen concentration is detected. A line of best fit shall be
drawn utilizing regression analysis on all points. A sample of such a plot is provided for
reference only on Figure No. 1 at the end of this section.
The overall oxygen transfer coefficient (KLa)T for each point of measurement specified
shall be computed by determining the slope of the line of the best fit by using the
following equation:
3/23/2015
Biological Nutrient Removal 46 51 33 - 18
Fine Bubble Diffused Aeration System
The oxygen transfer rate constant for each measurement point shall be corrected to 20°C
by the following formula:
(KLa)20 = (KLa)T(μT/20)0.62(h-1)
where: μ= absolute viscosity, (lb-sec/ft2)
For the all airflow conditions in each test set; the values of (KLa)20 which are calculated
across all 6 probe locations and any replicate runs must meet a variability criteria. This is
an indication of good data quality, reproducible conditions, and adequate distribution of
air. For each condition the individual values of (KLa)20 from all locations and for any
replicate tests shall be averaged and at least two-thirds of the individual (KLa)20 values
shall be within 10 percent of the average value. If not, additional tests shall be conducted
until two-thirds of the (KLa)20 values are within 10 percent of the average of all (KLa)20
values.
The standard oxygen transfer rate by the aeration system shall be calculated by using the
average value of (KLa)20 in the following equation:
For all maximum day and annual average tests the standard oxygen transfer rates as
determined by the performance tests shall not be less than the corresponding values
specified in the appropriate performance requirement table within this specification. The
airflow rates used in the performance tests to meet the specified standard oxygen transfer
rate values shall not exceed the values guaranteed by the manufacturer in their submittal
and normalized for the test volume.
For all minimum month tests the standard oxygen transfer rates as determined by the
performance tests shall not exceed the corresponding values specified in the appropriate
performance requirement table within this specification. The airflow rates used in the
performance tests to meet the specified standard oxygen transfer rate values shall not be
3/23/2015
Biological Nutrient Removal 46 51 33 - 19
Fine Bubble Diffused Aeration System
less than the values guaranteed by the manufacturer in their submittal and normalized for
the test volume.
3-3.05. Modifications. If the diffused aeration equipment fails to satisfy the performance
requirements in any zone, it shall be modified as needed. Modifications shall be made or
additional equipment shall be furnished in that zone and installed as necessary to produce
an installation which will satisfy the performance requirements. Additional airflow will
not be an acceptable modification; rather if proposed modifications do not meet
performance guarantees an excess airflow penalty will be assessed. The equipment in all
failed zones shall be completely retested after modification. Modifications and additional
equipment shall be provided and retesting shall be performed at no additional cost to
District. All structural or piping modifications necessary to accommodate the modified
equipment shall be made at the equipment manufacturer’s expense.
Field performance tests shall be conducted at each diffuser grid under maximum month
air flows. Temporary pressure gauges shall be installed in each grid drop leg for the test.
A minimum of 3 readings per grid shall be taken for the test, with the average of these
readings used for report purposes. The three readings shall be taken at 5 minute intervals,
after 5 minutes of operation at the specified air flow.
In the event of greater pressure losses than specified in any of the aeration grids during
the initial test period, the manufacturer shall make approved modifications and retest at
no additional cost to the District. In the event that average pressure is greater than
guaranteed after modifications an excess pressure penalty will be calculated based on the
annual average pressure test results.
3/23/2015
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Fine Bubble Diffused Aeration System
3-4.01. Disposal of Waste Material. When field testing is completed, disposal of all
waste materials, including water, shall be performed by the Contractor. The method of
disposal shall be acceptable to the appropriate regulatory agencies.
3-6. PENALTIES.
The Seller will be subject to the following penalties if their aeration system does not meet
the following performance requirements:
3-6.01. Aeration Energy Penalty. The Seller will be responsible for redesign and
retesting of the aeration equipment at no additional cost to the District if the performance
requirements are not validated based on the clean water OTE testing performed prior to
installation. If the Seller fails to demonstrate compliance based on the results of the
second OTE test, penalties will be assessed to the Seller to compensate the District for the
additional energy required to meet the aeration requirements throughout the project life.
Penalties will be calculated by the Engineer, as follows:
(1). The required 2035 Phase 1 SOTRs are taken from the Fine Bubble Diffuser Design Criteria
tables.
3/23/2015
Biological Nutrient Removal 46 51 33 - 21
Fine Bubble Diffused Aeration System
(2). The share of the total oxygen demand will be calculated for each zone (fn) at 2035 Phase 1
conditions.
(3). The Manufacturer Guaranteed Airflow will be pulled from the manufacturer submittal for
each zone at 2035 Phase 1 conditions.
(4). The Manufacturer Guaranteed OTE will be calculated from the Required SOTR and the
Guaranteed Airflow for each zone by the following formula.
100 ∙
% .
∙ 60 ∙ 0.075 ∙ 0.23
(5). A weighted average of the guaranteed OTEs for each zone will be determined using fn
determined above.
% ∙
%
2. Determine 2035 (Phase 1) Weighted Average Measured Shop Test OTE which is
calculated using Table 3-6.2. Table cells shaded in blue shall be completed by the
Seller.
(1). The Shop Test SOTRs will be calculated by the manufacturer, approved by the engineer, and
adjusted to correspond to the full scale zone (with 8 basins are online) by the following
formula.
3/23/2015
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Fine Bubble Diffused Aeration System
8 ∙
.
(2). Zone Share of Total SOTR Requirements for each zone (fn) is repeated from Table 3-6.1.
(3). The Shop Test airflows used in testing will be adjusted to correspond to the full scale zone
(with 8 basins are online) by the following formula.
8 ∙
.
(4). The Shop Test Measured OTE will be calculated from the shop test adjusted SOTR and
airflow for each zone .
100
.
.
% ∙ 60 ∙ 0.075 ∙ 0.23
.
(5). A weighted average of the Shop Test Measured OTE for each zone will be determined using
fn .
% ∙
%
3. Determine Excess Airflow Penalty if the Weighted Average Shop Test Measured
OTE is less than the Weighted Average Guaranteed OTE. Airflow liability, the
resulting energy liability, and the excess airflow penalty for 20 years will be
calculated using Table 3-6.3 below. Table cells shaded in blue shall be completed
by the Seller.
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Fine Bubble Diffused Aeration System
Table 3-6.3: Excess Airflow Penalty Determination
Required Guaranteed Required Airflow Excess
Airflow Power Discount
Year Total Total Total Energy Airflow
Liability Cost Multiplier
SOTR Airflow Airflow Liability Penalty
lb/hr scfm scfm scfm kWh $/kWh - USD
(1) (2) (3) (4) (5) (6) (7) (8)
11 26,213 0.13 0.614
12 26,587 0.13 0.585
13 26,960 0.14 0.557
14 27,333 0.14 0.53
15 27,707 0.15 0.505
16 (2035) 28,080 0.15 0.481
17 28,566 0.16 0.458
18 29,052 0.16 0.436
19 29,538 0.17 0.416
20 30,025 0.17 0.396
Total (9)
(1). The 2020, 2035, and 2048 Required Total SOTRs are the sum of SOTRs for Zones 1a-4a;
pulled from the Design Criteria Tables 2.3-1 through 2.3-7. Values for the intermediate
years are interpolated.
(2). The Guaranteed Total Airflow for each year is calculated based with the Weighted
Average Guaranteed OTE and the required SOTR for each year.
60 0.23 0.075
.
100
%
(3). The Required Total Airflow for each year is calculated based with the Weighted Average
Shop Test OTE and the required SOTR for each year.
60 0.23 0.075
.
100
%
3/23/2015
Biological Nutrient Removal 46 51 33 - 24
Fine Bubble Diffused Aeration System
(4). The Airflow Liability for each year is the difference between the Guaranteed Total Airflow
and the Required Total Airflow for each year.
(5). The Airflow Energy Liability for each year t is the product of the Guaranteed Yearly Energy
Requirement Factor for 2035 (Phase 1) and the Airflow Liability for each year. The
guaranteed yearly energy requirement factor for 2035 (Phase 1) is a function of top of drop
leg pressures at that condition as determined through the process described in the
Preselection Form.
(6). Energy cost for each year is calculated using an initial cost and an inflation rate of 3.5%
per year.
$ $
0.09 ∙ 1.035
(7). A discount multiplier of 1.05 is used to determine the present value of the penalty for all
years .
1.05
(8). The Excess Airflow Penalty for each year is calculated as the product of the Airflow
Energy Liability, the Energy Cost, and the Discount Multiplier as per the following formula.
$
$ ∙ ∙
(9). The Excess Airflow Penalty is the sum of the penalty for years 1 through 20.
3-6.02. Pressure Loss Penalty. If the average of the measured pressure drop at each drop
leg during the commissioning testing exceeds the average of the guaranteed pressure at
each drop leg from the submittal, the Seller will be penalized. The guaranteed average
pressure and measured average pressure will both be converted into Kwh/scfm values and
the difference between the guaranteed Kwh/scfm and measured Kwh/scfm will be the
basis for determining the energy penalty, as follows:
3/23/2015
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Fine Bubble Diffused Aeration System
1. Determine the Annual Excess Pressure Energy Liability per unit airflow which is
calculated using Table 3-6.4. Table cells shaded in blue shall be completed by the
Seller.
(1). The Guaranteed Top of Drop Leg Pressure will be determined by averaging the pressures
reported by the diffuser manufacturer in the diffuser proposal for Zones 1a-4a at 2035 Phase
1 conditions provided in the Basis for LCC Proposal Form (Section 00 41 00).
(2). During commissioning the Top of Drop Leg Pressure at 2035 Average Airflows will be
measured for Zones 1a-4a as outlined in the technical specifications. The Measured Top of
Drop Leg Pressure will be determined by averaging these for all zones.
(3). The Guaranteed Yearly Aeration Energy Requirement factor for 2035 Phase 1 will be
determined using the Guaranteed Top of Drop Leg Pressure through the process described in
the PROPOSAL Section (00 41 00).
(4). The Measured Yearly Aeration Energy Requirement factor for 2035 Phase 1 will be
determined using the Measured Top of Drop Leg Pressure through the process described in
the PROPOSAL Section (00 41 00).
(5). The Annual Excess Pressure Energy Liability is calculated as the difference between the
Guaranteed and Measured Aeration Energy Requirement as per the following formula.
2. Determine Excess Pressure Penalty if the measured pressure drop is higher than
the guaranteed pressure drop using Table 3-6.5. Table cells shaded in blue shall
be completed by the Seller.
3/23/2015
Biological Nutrient Removal 46 51 33 - 26
Fine Bubble Diffused Aeration System
Table 3-6.5: Excess Pressure Penalty Determination
Required Pressure Excess
Discount
Year Total Energy Power Cost Pressure
Multiplier
Airflow Liability Penalty
scfm kWh $/kWh - USD
(1) (2) (3) (4) (5)
1 (2020) 0.09 1.000
2 0.09 0.952
3 0.10 0.907
4 0.10 0.864
5 0.10 0.823
6 0.11 0.784
7 0.11 0.746
8 0.11 0.711
9 0.12 0.677
10 0.12 0.645
11 0.13 0.614
12 0.13 0.585
13 0.14 0.557
14 0.14 0.530
15 0.15 0.505
16 (2035) 0.15 0.481
17 0.16 0.458
18 0.16 0.436
19 0.17 0.416
20 0.17 0.396
Total (6)
(1). The Required Total Airflow for all years will be determined in the excess airflow penalty
determination. Those will be pasted here for the determination of the Excess Pressure
Liability.
(2). The Pressure Energy Liability for all years will be determined as the product of the
Required Total Airflow and the Excess Pressure Energy Liability determined in Table 3-6.4
above.
(3). The cost for each year is calculated using an initial cost and an inflation rate of 3.5% per
year.
$ $
0.09 ∙ 1.035
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Biological Nutrient Removal 46 51 33 - 27
Fine Bubble Diffused Aeration System
(4). A discount multiplier of 1.05 is used to determine the present value of the penalty for all
years .
1.05
(5). The Excess Pressure Penalty for each year t is calculated based on the Pressure Energy
Liability, the Energy Cost, and the Discount Multiplier as per the following formula.
$
$ ∙ ∙
(6). The Excess Pressure Penalty is the sum of the penalty for years 1 through 20 which is to be
paid if necessary in 2020.
3-7.01. Transfer Efficiency Warranty Testing. If the OTE of clean diffusers drops below
the guaranteed OTE by 5% at any point during the warranty period the diffused aeration
membranes shall be replaced under warranty. Aged OTE shall be determined by the
District periodically by removing a sample of membranes the zone to be tested by
following the clean water oxygen transfer test procedure for acceptance testing at a
facility similar to that used for acceptance testing.
The basin and zone to be tested will be selected by the district and testing will be at the
district's expense. The number of diffusers which will be sampled will be appropriate for
the diffuser density in the tested zone and the test tank size. Half of the diffusers will be
selected by District Staff and half will be selected by the Vendor or Vendor
Representative. These diffuser membranes will be removed and sprayed with plant
effluent at 65 psi (+/- 5 psi) to clean the diffusers prior to shipping.
As diffuser aging is more rapid in the earlier zones a failed test of any zone will trigger
the warranty for that zone and all upstream fine bubble diffuser zones.
3-7.02. Pressure Drop Warranty Testing. If the top of the drop leg pressure exceeds the
maximum allowed initial top of drop leg pressure plus an allowance of 0.5 psi (for an
increase in membrane pressure drop due to aging) at any point during the warranty
period, the diffused aeration membranes shall be replaced under warranty. The maximum
aged top of drop leg pressure allowed is 12.2 psi or 12.3 psi if the low airflow allowance
is used, as described in Section 2-3.02. The testing procedure described in Section 3-4
Field Performance Testing will be replicated and witnessed by Vendor or Vendor
Representative. Pressure drop testing for any zone will trigger warranty for that zone only
across all 8 basins.
3-8. COMMISSIONING. The Fine Bubble Diffused Aeration System supplier shall
provide input during construction and the Commissioning Phases as specified in the
COMISSIONING Section (01 91 00). The Seller shall include in its proposal the
following requirements for input during construction and the Commissioning phases:
3/23/2015
Biological Nutrient Removal 46 51 33 - 28
Fine Bubble Diffused Aeration System
Construction
2 trips, 80 hours to verify mechanical installation checks
Pre-Commissioning
2 trips, 8 hours each to support SAT
Start-Up
1 trip, 8 hours to verify installation
3/23/2015
Biological Nutrient Removal 46 51 33 - 29
Fine Bubble Diffused Aeration System
Figure No. 1
3/23/2015
Biological Nutrient Removal 46 51 33 - 30
Fine Bubble Diffused Aeration System
Figure No. 2
**END OF SECTION**
3/23/2015
Biological Nutrient Removal 46 51 33 - 31
Fine Bubble Diffused Aeration System
FINE BUBBLE DIFFUSED AERATION
SYSTEM PROCUREMENT PACKAGE
APPENDIX A – DRAWINGS
(March 23, 2015 DRAFT)
' '
68%&2168/7$17
35(/,0,1$5<
7+,6'5$:,1*,61279$/,')25
&216758&7,21385326(681/(66,7
%($567+(6($/$1'6,*1$785(2)$
'8/<5(*,67(5('352)(66,21$/
& &
%,2/2*,&$/
1875,(17
5(029$/ %15
352-(&7
3DWK&?SZBZRUNLQJ?FQJSZ?G )LOHQDPH*GZJ3ORW'DWH$XJXVW30 &$''8VHU&DUDYHR)UDQFLVFR
% %
,668(%/2&.
'(6,*1('
0':
'5$:1
'0'
&+(&.('
$33529('
),/(1$0(
*':*
'(6,*1(5352-(&7180%(5
&2175$&7180%(5
+<'5$8/,&352),/(%1575($70(173$57 =21(180%(5
$ ',6&,3/,1( $
352&(66
+<'5$8/,&352),/(
/,48,'75($70(172)
6KHHW6HW0DQDJHU
'5$:,1*180%(5
2)
*
NOTES
E C B A
D
18
OX2-3a/b PRELIMINARY
METER RUN
THIS DRAWING IS NOT VALID FOR
CONSTRUCTION PURPOSES UNLESS IT
BEARS THE SEAL AND SIGNATURE OF A
OX2-5 DULY REGISTERED PROFESSIONAL
17
C C
2'-0" WIDE TRENCH
DRAIN (TYP)
16
OX2-4b OX2-1a OX2-1b OX2-4a OX2-2a/b
METER METER METER METER METER
RUN RUN RUN RUN RUN
BIOLOGICAL
OPERATING PLAN - BASIN #2
SCALE:
NO 1" = 40'-0"
SCALE
1 NUTRIENT
AB-4
REMOVAL (BNR)
SEE SHEET AB-2 FOR
ENLARGED PLAN PROJECT
E C B A
D
18
27' - 10"
OX2-6
B B
10' - 0" 54' - 9"
18' - 0"
51' - 0"
(TYP)
ISSUE BLOCK
1' - 0"
PATH AND FILENAME: C:\Revit\Local Files\4208-3D-BNRB_Jason Seck.rvt
17
APPROVED
12" A
18" THICK FILENAME
BAFFLE WALL
DESIGNER PROJECT NUMBER
AX2-1 AX2-2 AX2-3 AX2-4 179173
CONTRACT NUMBER
56' - 0"
ZONE NUMBER
59' - 8" 59' - 8" 59' - 8" 59' - 9"
A DISCIPLINE
A
OX2-1a OX2-1b OX2-2a OX2-2b
_Pre-Purchase Figures
PLOT DATE: 1/20/2015 12:44:17 PM
1 2 3 4 SCALE IN INCHES 0 1/4 1/2 1 2 (IF SCALE BAR IS NOT 2", SCALE ACCORDINGLY)
1 2 3 4 5
LEGEND
TYPICAL 2'-6" ACCESS CORRIDOR
E D C AROUND PERIMETER OF EACH ZONE
MATCHLINE
4' - 0" 15' - 7" 46' - 3"
TYPICAL 2'-0" ACCESS CORRIDOR ALONG
TRENCH DRAIN ALIGNMENTS
17
C C
MATCHLINE
16
BIOLOGICAL
NUTRIENT
B A REMOVAL (BNR)
71' - 1" PROJECT
MATCHLINE
24' - 6"
2' - 6"
2' - 6"
B 4' - 6" B
2' - 0"
OX2-3
24' - 6"
MARK DATE DESCRIPTION
17 ISSUE BLOCK
DESIGNED
2' - 6"
DRAWN
27' - 0"
CHECKED
PATH AND FILENAME: C:\Revit\Local Files\4208-3D-BNRB_Jason Seck.rvt
FILENAME
2' - 0"
DESIGNER PROJECT NUMBER
179173
16' - 6" 3' - 0"
CONTRACT NUMBER
27' - 0"
2' - 6"
MATCHLINE
ZONE NUMBER
2' - 6"
AB-2 OF
1 2 3 4 SCALE IN INCHES 0 1/4 1/2 1 2 (IF SCALE BAR IS NOT 2", SCALE ACCORDINGLY)
1 2 3 4 5
LEGEND
D C B A TYPICAL 2'-6" ACCESS CORRIDOR
WCS1 AROUND PERIMETER OF EACH ZONE
METER RUN
TYPICAL 2'-0" ACCESS CORRIDOR ALONG
11 TRENCH DRAIN ALIGNMENTS
WAS
CLASSIFYING
SELECTOR
WAS COLLECTION BASIN 1
D WEIRS D
10 SUB CONSULTANT
WAS
CLASSIFYING PRELIMINARY
SELECTOR
BASIN 2 THIS DRAWING IS NOT VALID FOR
CONSTRUCTION PURPOSES UNLESS IT
BEARS THE SEAL AND SIGNATURE OF A
9 DULY REGISTERED PROFESSIONAL
WCS2
METER RUN
2
AB-4
OPERATING PLAN - WAS CLASSIFYING SELECTOR BASINS
SCALE:
NO SCALE
1" = 40'-0"
320' - 5"
D C B A
C 11 C
8" A
8" A 8" A
24' - 5"
WAS
CLASSIFYING
SELECTOR
BASIN 1
10
WAS
CLASSIFYING
24' - 5"
SELECTOR
8" A BASIN 2 8" A 8" A
BIOLOGICAL
9 NUTRIENT
REMOVAL (BNR)
101'-8" 101'-8" 48'-2"
PROJECT
2
FOUNDATION PLAN - WAS CLASSIFYING SELECTOR BASINS AB-4
SCALE:
NO SCALE
1" = 40'-0"
B B
C B A
11
MARK DATE DESCRIPTION
2' - 6"
TYP ISSUE BLOCK
DESIGNED
Designer
2' - 0"
WAS CLASSIFYING
TYP
DRAWN
SELECTOR BASIN 1 Author
2' - 6"
CHECKED
PATH AND FILENAME: C:\Revit\Local Files\4208-3D-BNRB_Jason Seck.rvt
10 Checker
APPROVED
Approver
FILENAME
CAD User:Author
2' - 0"
WAS CLASSIFYING
TYP
TYP
CONTRACT NUMBER
SELECTOR BASIN 2
ZONE NUMBER
9
A DISCIPLINE
A
_Pre-Purchase Figures
PLOT DATE: 1/20/2015 12:44:20 PM
DRAWING NUMBER
AB-3 OF
1 2 3 4 SCALE IN INCHES 0 1/4 1/2 1 2 (IF SCALE BAR IS NOT 2", SCALE ACCORDINGLY)
1 2 3 4 5
16 17 18
TOP OF BNR
D EL 122.17' D
CONTRACTOR 117.8 117.8 SUB CONSULTANT
SCOPE 117.6 117.6
PRELIMINARY
112.0
THIS DRAWING IS NOT VALID FOR
CONSTRUCTION PURPOSES UNLESS IT
BEARS THE SEAL AND SIGNATURE OF A
DIFFUSER DULY REGISTERED PROFESSIONAL
SUPPLIER OX2-1 OX2-4 S2-7
SCOPE
91.26
91.23
91.50
91.50 91.50
91.50
C C
1 TYPICAL BASIN SECTION
51M-1044 SCALE: 1/16"
1/8" = =1'-0"
1'-0"
BIOLOGICAL
NUTRIENT
9 10 11 12
REMOVAL (BNR)
PROJECT
127.750
125.5 125.5
125.0 125.0
B B
WAS WAS
CLASSIFYING CLASSIFYING
SELECTOR SELECTOR BNR
BASIN 2 BASIN 1 BASIN
N-S
GALLERY
99.1 99.1
MARK DATE DESCRIPTION
ZONE NUMBER
A DISCIPLINE
A
2 WCS CLASSIFYING SELECTOR BASIN SECTION _Pre-Purchase Figures
PLOT DATE: 1/20/2015 12:44:21 PM
DRAWING NUMBER
AB-4 OF
1 2 3 4 SCALE IN INCHES 0 1/4 1/2 1 2 (IF SCALE BAR IS NOT 2", SCALE ACCORDINGLY)