Greenfield City Council
February 27, 2024

City of Greenfield
599 El Camino Real
Greenfield, CA 93927
City Council Meeting Agenda
February 27, 2024
6:00 P.M.

Mayor Robert White
Mayor Pro-tem Ariana Rodriguez
Councilmembers
Yanely Martinez
Rachel Ortiz
Andrew Tipton
The Greenfield City Council meeting on February 27, 2024 at 6:00 p.m. will be held in the City Council Chambers located at 599 El Camino Real, Greenfield, California 93927, and will be open to the public. This meeting will also be accessible online and may be viewed through the following options:

Facebook Live: https://www.facebook.com/GreenfieldCA/
Join Zoom Meeting: http://meeting.ci.greenfield.ca.us
Meeting ID: 844 8164 8935
PLEASE TURN OFF CELL PHONES.

A. CALL TO ORDER
B. ROLL CALL – CITY COUNCIL
C. INVOCATION BY PASTOR DIANA SALINAS
D. PLEDGE OF ALLEGIANCE
E. AGENDA REVIEW
F. PUBLIC COMMENTS FROM THE AUDIENCE REGARDING ITEMS NOT ON THE AGENDA
City Council Agenda
February 27, 2024

This portion of the Agenda allows an individual the opportunity to address the Council on any items not on the Closed Session, Consent Calendar, Public Hearings, and City Council Business. Under state regulations, no action can be taken on non-agenda items, including issues raised under this agenda item. Members of the public should be aware of this when addressing the Council regarding items not specifically referenced on this Agenda.

PLEASE NOTE: Public comments may be made in the following formats: in person, through Zoom, or by email. If you wish to make a public comment through Zoom, please use the “raise your hand” feature during the public comment section. You will be selected by the meeting host and will be allowed to say your comment aloud. If you wish to make a public comment through email, please submit your public comment to [email protected]. In the email subject line, please write your name and the agenda item or topic you are commenting on. If you wish to submit a public comment on more than one agenda item or topic, please send a separate email for each agenda item or topic you are commenting. All public comments submitted through email must be received no later than 12:00 p.m. (noon) on February 26, 2024. Comments submitted through email on time will be incorporated into the City Council Agenda and made part of the record for the meeting. Comments submitted by email that are not received on time will not be accepted. Public comments submitted by email will not be read aloud during the meeting. Please be aware that written public comments, including your name, may become public information.

G. COMMENTS FROM CITY COUNCIL
H. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and may be approved by one action of the City Council, unless a request for removal for discussion or explanation is received prior to the time Council votes on the motion to adopt. a. Public Comments
H-1. APPROVE Warrants #320722 through #320835 and Bank Drafts #5880 through #5903 in the amount of $1,105,018.69 – Page 1
H-2. APPROVE Minutes of the February 13, 2024 City Council Meeting – Page 17 H-3. ADOPT Resolution #2024-18, A Resolution of the City Council of the City of Greenfield Supplementally Appropriating a Total of $37,000 for 1) $12,000 for MNS Engineers to Provide Grant Support for the New Community Center and 2) Start Up Costs of $25,000 for the Selected Architect to Commence Full Design Plans – Page 23 H-4. ADOPT Resolution #2024-19, A Resolution of the City Council of the City of Greenfield to Transfer SLESF Grant Funds in the Amount of $7,148.56 from the SLESF Revenue Fund to SLESF Other Training Fund – Page 26
I. MAYOR’S PRESENTATION, PROCLAMATIONS, COMMUNICATIONS, RESOLUTIONS City Council Agenda
February 27, 2024

I-1. CERTIFICATE OF RECOGNITION – Jose Vazquez – Planning Commissioner – Page 29 I-2. PRESENTATION – Collaborative Art Project - Painted by Senior Residents of Greenfield
I-3. UPDATE – Welcome to Greenfield Signs
J. CITY COUNCIL BUSINESS
J-1. ADOPT A Resolution of the City Council of the City of Greenfield Approving a Procurement Agreement with CLOACINA LLC, in the Amount of $31,083,973.90 for the Acquisition of a Packaged Membrane Bioreactor Treatment (MBR) System for the New Wastewater Treatment Plant and Appropriate $150,000 in Supplemental Funds for Phase I of this Agreement as Required and Authorizing the City Manager to Negotiate and Execute this Agreement
ADOPT A Resolution of the City Council of the City of Greenfield Approving Amendment #1 to the Professional Services Agreement with Hydroscience Engineers in the Not-to-Exceed Amount of $647,037.00 and Appropriate Supplemental Funds as Required for the New Wastewater Treatment Plant Design Services and Related Improvements and Authorizing the City Manager to Negotiate and Execute this Agreement Amendment – Page 30
a. Staff Report
b. Public Comments
c. City Council Comments / Review / Action
Staff Recommended Action – Adopt Resolution #2024-20 / #2024-21 J-2. CONSIDER – City of Greenfield Council Code of Conduct and Council Rules of Order and Protocols Revision – Page 198
a. Staff Report
b. Public Comments
c. City Council Comments / Review / Action
Staff Recommended Action – Provide Direction
K. BRIEF REPORTS ON CONFERENCES, SEMINARS, AND MEETINGS ATTENDED BY

MAYOR AND CITY COUNCIL
a. League of California Cities Monterey Bay Division
b. League of California Cities – Environmental Quality Policy Committee c. Transportation Agency for Monterey County
d. Association of Monterey Bay Area Governments
e. Salinas Valley Solid Waste Authority
f. Monterey Salinas Transit
g. South Salinas Valley Broadband Authority
h. Monterey County Mayors’ Association
i. Salinas Valley Mayors/Managers Group
j. Planning Commission
L. CITY ATTORNEY REPORT
City Council Agenda
February 27, 2024

M. CITY MANAGER REPORT
N. ADJOURNMENT
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (831) 674-5591. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (CFR 35.102-35.104 ADA Title II).

This agenda is duly posted outside City Hall and on the City of Greenfield web site. 2/23/2024 4:14:45 PM Page 1 of 4
Check Report
Greenfield, CA By Check Number
Date Range: 02/09/2024 - 02/22/2024
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: APBNK-APBNK
04002 MONTEREY COUNTY OFFICE OF EDUCATION 02/15/2024 Regular 0.00 -985.00 319960 04379 ARMANDO JR. LERMA 02/22/2024 Regular 0.00 -18.00 320577 04046 JOSEPH DYELS 02/22/2024 Regular 0.00 -18.00 320612 04253 JUSTIN MATTKE 02/22/2024 Regular 0.00 -18.00 320613 05167 NICHOLAS NUNEZ 02/22/2024 Regular 0.00 -18.00 320624 05263 A TOOL SHED, INC. 02/12/2024 Regular 0.00 270.00 320722 00174 A&G PUMPING 02/12/2024 Regular 0.00 11,250.00 320723 05010 AA GLASS SHOP 02/12/2024 Regular 0.00 448.13 320724 01814 ANN RATHBUN 02/12/2024 Regular 0.00 107.60 320725 00153 AT&T 02/12/2024 Regular 0.00 159.08 320726
01937 BRENT SLAMA CONSULTING 02/12/2024 Regular 0.00 4,777.50 320727 04535 BRYAN GAGE 02/12/2024 Regular 0.00 1,500.00 320728 05294 CALIFORNIA SCADA SERVICES, LLC 02/12/2024 Regular 0.00 1,210.00 320729 00396 CASEY PRINTING 02/12/2024 Regular 0.00 188.14 320730 04407 CINTAS CORPORATION #630 02/12/2024 Regular 0.00 361.12 320731 00752 CITY OF GREENFIELD 02/12/2024 Regular 0.00 9,217.45 320732 04689 CSC OF SALINAS 02/12/2024 Regular 0.00 15.87 320735 00348 CSG CONSULTANTS, INC. 02/12/2024 Regular 0.00 1,700.00 320736 04944 CYNTHIA ZAVALA 02/12/2024 Regular 0.00 50.00 320737 05452 DIEGO MENDOZA 02/12/2024 Regular 0.00 50.00 320738 04094 EAN SERVICES, LLC 02/12/2024 Regular 0.00 259.23 320739 05008 EAST BAY TIRE CO. 02/12/2024 Regular 0.00 1,127.41 320740 04614 ERNEST GALLARDO 02/12/2024 Regular 0.00 50.00 320741 04132 GARDAWORLD 02/12/2024 Regular 0.00 1,438.21 320742 00767 GREENFIELD TOWING 02/12/2024 Regular 0.00 100.00 320743 00721 GREENFIELD TRUE VALUE 02/12/2024 Regular 0.00 77.40 320744 05268 HGE ARCHITECTS, INC. 02/12/2024 Regular 0.00 2,418.18 320745 04708 HR & ASSOCIATES, LLC 02/12/2024 Regular 0.00 2,888.00 320746 04498 JESUS EDUARDO ESPINOSA 02/12/2024 Regular 0.00 289.30 320747 04046 JOSEPH DYELS 02/12/2024 Regular 0.00 54.00 320748 05381 LEHR 02/12/2024 Regular 0.00 125.00 320749
01258 LOZANO SMITH, LLP 02/12/2024 Regular 0.00 125.00 320750 01300 MISSION LINEN SUPPLY 02/12/2024 Regular 0.00 52.74 320751 13015 MNS ENGINEERS, INC. 02/12/2024 Regular 0.00 34,072.50 320752 04286 MY JEEP-CHRYSLER-DODGE-RAM/MY CHEVROLET/MY NISSAN-KIA 02/12/2024 Regular 0.00 416.24 320753 01532 O'REILLY AUTO PARTS 02/12/2024 Regular 0.00 210.70 320754 01534 OVERHEAD DOOR 02/12/2024 Regular 0.00 1,136.43 320755 01601 PACIFIC GAS & ELECTRIC 02/12/2024 Regular 0.00 3.38 320756 04341 PAUL WOOD 02/12/2024 Regular 0.00 209.00 320757
04661 QUALITY WATER ENTERPRISES INC 02/12/2024 Regular 0.00 70.00 320758 01897 RDO EQUIPMENT COMPANY 02/12/2024 Regular 0.00 1,664.20 320759 04731 ROBERT URQUIDEZ 02/12/2024 Regular 0.00 50.00 320760 01919 SALINAS VALLEY FORD 02/12/2024 Regular 0.00 63.54 320761 19020 SAN BENITO SUPPLY 02/12/2024 Regular 0.00 526.08 320762 04338 SHRED-IT USA 02/12/2024 Regular 0.00 269.18 320763 00780 STEPHANIE GARCIA 02/12/2024 Regular 0.00 50.00 320764 02037 TRI-CITIES DISPOSAL 02/12/2024 Regular 0.00 258,974.95 320765 02002 TRI-COUNTY FIRE PROTECTION 02/12/2024 Regular 0.00 51.64 320766 04832 TYLER KEISLING 02/12/2024 Regular 0.00 845.00 320767 01010 UNDERGROUND SERVICE ALERT OF NORTHERN CALIFORNIA AND NEVADA 02/12/2024 Regular 0.00 455.09 320768 02120 USA BLUEBOOK 02/12/2024 Regular 0.00 17.50 320769 05128 V & V MANUFACTURING, INC. 02/12/2024 Regular 0.00 138.97 320770 02208 VALLEY SAW & GARDEN EQUIPMENT 02/12/2024 Regular 0.00 106.94 320771 05415 WM. J. CLARK TRUCKING SERVICES, INC. 02/12/2024 Regular 0.00 510.95 320772 1 Check Report Date Range: 02/09/2024 - 02/22/2024
2/23/2024 4:14:45 PM Page 2 of 4
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 02601 ZUMAR INDUSTRIES, INC. 02/12/2024 Regular 0.00 2,739.94 320773 00749 CITY OF GREENFIELD 02/15/2024 Regular 0.00 154.89 320774 00713 G P O A 02/15/2024 Regular 0.00 1,120.00 320775
00795 GREENFIELD POLICE SERGEANTS ASSOCIATION 02/15/2024 Regular 0.00 300.00 320776 04521 Greenfield Professional Firefighters 02/15/2024 Regular 0.00 315.00 320777 05322 OPERATING ENGINEERS LOCAL NO. 3 02/15/2024 Regular 0.00 191.10 320778 05407 Right Now Loans 02/15/2024 Regular 0.00 91.19 320779 01911 SEIU Local 521 02/15/2024 Regular 0.00 681.96 320780 00174 A&G PUMPING 02/15/2024 Regular 0.00 447.50 320781 05456 ADAN MUNOZ 02/15/2024 Regular 0.00 304.42 320782
04450 ALEX LANDEROS 02/15/2024 Regular 0.00 103.78 320783 05329 ANDREW KOBE SIQUEIROS 02/15/2024 Regular 0.00 500.00 320784 04750 BOUND TREE MEDICAL, LLC 02/15/2024 Regular 0.00 1,228.10 320785 05454 BRUINS SOBER GRAD COMMITTEE 02/15/2024 Regular 0.00 250.00 320786 05100 BSN SPORTS LLC 02/15/2024 Regular 0.00 8,870.54 320787 04407 CINTAS CORPORATION #630 02/15/2024 Regular 0.00 324.45 320788 01942 CITY OF SOLEDAD 02/15/2024 Regular 0.00 4,945.50 320789 04681 CLARK PEST CONTROL 02/15/2024 Regular 0.00 178.00 320790 05194 CLEATH-HARRIS GEOLOGISTS, INC. 02/15/2024 Regular 0.00 8,352.20 320791 05312 FBI-LEEDA INC 02/15/2024 Regular 0.00 795.00 320792 04287 FLUID RESOURCE MANAGEMENT 02/15/2024 Regular 0.00 90.97 320793 00725 GREEN RUBBER-KENNEDY AG 02/15/2024 Regular 0.00 205.48 320794 05005 GREENFIELD 101, INC. 02/15/2024 Regular 0.00 54.00 320795 00721 GREENFIELD TRUE VALUE 02/15/2024 Regular 0.00 131.94 320796 00805 HACH COMPANY 02/15/2024 Regular 0.00 468.66 320797 00820 HOME DEPOT CREDIT SERVICES 02/15/2024 Regular 0.00 406.13 320798 00803 HYDRO TURF, INC. 02/15/2024 Regular 0.00 794.47 320799 05423 HYDROPRO SOLUTIONS 02/15/2024 Regular 0.00 2,827.94 320800 05200 HYDROSCIENCE ENGINEERS, INC. 02/15/2024 Regular 0.00 95,985.52 320801 05120 JAMIE TUGEL 02/15/2024 Regular 0.00 230.00 320803 04982 JESUS V.M. RANGEL 02/15/2024 Regular 0.00 90.00 320804 04253 JUSTIN MATTKE 02/15/2024 Regular 0.00 207.00 320805 01241 LEAGUE OF CALIFORNIA CITIES - MONTEREY BAY DIVISION 02/15/2024 Regular 0.00 300.00 320806 13015 MNS ENGINEERS, INC. 02/15/2024 Regular 0.00 880.00 320807 01315 MONTEREY COUNTY DISTRICT ATTORNEY'S OFFICE02/15/2024 Regular 0.00 3,881.80 320808 01364 MONTEREY COUNTY MAYORS ASSOCIATION 02/15/2024 Regular 0.00 1,575.83 320809 04002 MONTEREY COUNTY OFFICE OF EDUCATION 02/15/2024 Regular 0.00 2,079.00 320810 04670 NAPA AUTO PARTS 02/15/2024 Regular 0.00 287.04 320811 01506 OFFICE DEPOT 02/15/2024 Regular 0.00 536.01 320812 01532 O'REILLY AUTO PARTS 02/15/2024 Regular 0.00 1,341.77 320813 05326 OSCAR GUADALUPE PEREZ 02/15/2024 Regular 0.00 500.00 320814 01601 PACIFIC GAS & ELECTRIC 02/15/2024 Regular 0.00 6,403.77 320815 05357 PAVEMENT COATINGS CO. 02/15/2024 Regular 0.00 330,023.86 320816 04188 PREMIUM ALIGNMENT & BRAKE SERVICE 02/15/2024 Regular 0.00 130.00 320817 04299 PURE WATER 02/15/2024 Regular 0.00 318.25 320818
01837 R G FABRICATION 02/15/2024 Regular 0.00 643.07 320819 05406 RG SECURITY SOLUTIONS INC 02/15/2024 Regular 0.00 3,500.00 320821 02367 ROBIN WARBEY CONSULTING 02/15/2024 Regular 0.00 5,250.00 320822 01978 SAFETY-KLEEN SYSTEMS, INC. 02/15/2024 Regular 0.00 90.00 320823 05074 SAMUEL TIDWELL 02/15/2024 Regular 0.00 535.41 320824 01972 SBRPSTC-SOUTH BAY REGIONAL 02/15/2024 Regular 0.00 541.00 320825 03926 SOUTHERN BLEACHER COMPANY 02/15/2024 Regular 0.00 9,533.31 320826 01998 STANDARD INSURANCE COM 02/15/2024 Regular 0.00 2,689.46 320827 04315 STAPLES ADVANTAGE 02/15/2024 Regular 0.00 386.55 320828 09396 SWIFT TECTONICS, INC. 02/15/2024 Regular 0.00 8,090.78 320829 05384 TOM CARRIGER PLUMBING 02/15/2024 Regular 0.00 10,500.00 320830 02120 USA BLUEBOOK 02/15/2024 Regular 0.00 238.83 320831 02210 VERIZON WIRELESS 02/15/2024 Regular 0.00 200.07 320832 04583 WEX BANK 02/15/2024 Regular 0.00 56.96 320833
05415 WM. J. CLARK TRUCKING SERVICES, INC. 02/15/2024 Regular 0.00 1,344.37 320834 05455 ZEFERINO GARCIA 02/15/2024 Regular 0.00 176.01 320835 2 Check Report Date Range: 02/09/2024 - 02/22/2024
2/23/2024 4:14:45 PM Page 3 of 4
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 00384 STATE OF CALIFORNIA EDD 02/16/2024 Bank Draft 0.00 3.55 DFT0005880 03103 Internal Revenue Service 02/16/2024 Bank Draft 0.00 9.36 DFT0005881 03103 Internal Revenue Service 02/16/2024 Bank Draft 0.00 40.02 DFT0005882 01916 STATE STREET BANK & TRUST CO. 02/16/2024 Bank Draft 0.00 301.68 DFT0005883 01916 STATE STREET BANK & TRUST CO. 02/16/2024 Bank Draft 0.00 374.21 DFT0005884 01916 STATE STREET BANK & TRUST CO. 02/16/2024 Bank Draft 0.00 548.27 DFT0005885 01916 STATE STREET BANK & TRUST CO. 02/16/2024 Bank Draft 0.00 1,790.00 DFT0005886 01916 STATE STREET BANK & TRUST CO. 02/16/2024 Bank Draft 0.00 2,965.00 DFT0005887 01916 STATE STREET BANK & TRUST CO. 02/16/2024 Bank Draft 0.00 1,643.94 DFT0005888 01916 STATE STREET BANK & TRUST CO. 02/16/2024 Bank Draft 0.00 400.00 DFT0005889 01916 STATE STREET BANK & TRUST CO. 02/16/2024 Bank Draft 0.00 935.00 DFT0005890 01916 STATE STREET BANK & TRUST CO. 02/16/2024 Bank Draft 0.00 350.00 DFT0005891 01916 STATE STREET BANK & TRUST CO. 02/16/2024 Bank Draft 0.00 250.00 DFT0005892 00431 DEPT OF CHILD SUPPORT SERVICES 02/16/2024 Bank Draft 0.00 346.15 DFT0005893 01916 STATE STREET BANK & TRUST CO. 02/16/2024 Bank Draft 0.00 2,272.50 DFT0005894 00384 STATE OF CALIFORNIA EDD 02/16/2024 Bank Draft 0.00 4,117.06 DFT0005895 03103 Internal Revenue Service 02/16/2024 Bank Draft 0.00 10,879.98 DFT0005896 03103 Internal Revenue Service 02/16/2024 Bank Draft 0.00 46,521.44 DFT0005897 00384 STATE OF CALIFORNIA EDD 02/16/2024 Bank Draft 0.00 16,521.28 DFT0005898 03103 Internal Revenue Service 02/16/2024 Bank Draft 0.00 41,443.44 DFT0005899 00749 CITY OF GREENFIELD 02/15/2024 Bank Draft 0.00 32.51 DFT0005900 00215 ANTHEM - BLUE CROSS 02/15/2024 Bank Draft 0.00 108,759.82 DFT0005903 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code APBNK Summary
Bank Drafts
EFT's
110
0 5
22 0

0.00 0.00

0.00 0.00

0.00 137 0.00
Payment
865,570.48

0.00 -1,057.00
240,505.21

0.00 1,105,018.69
Payable
Count
181
0 0
22 0
203
3 Check Report Date Range: 02/09/2024 - 02/22/2024
2/23/2024 4:14:45 PM Page 4 of 4
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
110
0 5
22 0

0.00 0.00

0.00 0.00

0.00 137 0.00
865,570.48

0.00 -1,057.00
240,505.21

0.00 1,105,018.69
181
0 0
22 0
203
Fund Name Period Amount
Fund Summary
999 CASH CONTROL 2/2024 1,105,018.69
1,105,018.69
4 2/23/2024 4:15:42 PM Page 1 of 12
Expense Approval Report
Greenfield, CA By Fund
Payment Dates 2/9/2024 - 2/22/2024
Vendor Name Payment Number Payment Date Description (Item) Account Number Amount Fund: 100 - GENERAL FUND
TRI-CITIES DISPOSAL 320765 02/12/2024 ADMIN HEARING SERVICES 100-191-64400.000 128,410.50 STAPLES ADVANTAGE 320828 02/15/2024 CVC JANITORIAL SUPPLIES 100-111-65600.000 26.66 STAPLES ADVANTAGE 320828 02/15/2024 CVC JANITORIAL SUPPLIES 100-111-65600.000 69.03 GREEN RUBBER-KENNEDY AG 320794 02/15/2024 PVC CAP - PATRIOT PARK 100-550-65700.000 2.94 GREENFIELD TRUE VALUE 320796 02/15/2024 CIRCUIT BRAKER - ART CENTER 100-551-65900.000 13.09 GREENFIELD TOWING 320743 02/12/2024 TOWING SERVICE 100-215-63400.000 100.00 GREENFIELD TRUE VALUE 320744 02/12/2024 WIRE CONNECTOR/BULB 100-320-65700.000 48.88 OFFICE DEPOT 320812 02/15/2024 OFFICE SUPPLIES - POLICE DEPT 100-201-61400.000 100.26 PACIFIC GAS & ELECTRIC 320756 02/12/2024 PINOT PARK 100-550-64100.000 3.38 OFFICE DEPOT 320812 02/15/2024 OFFICE SUPPLIES - POLICE DEPT 100-201-65600.000 74.90 OFFICE DEPOT 320812 02/15/2024 1099NEC FORMS - FINANCE 100-190-61400.000 39.83 OFFICE DEPOT 320812 02/15/2024 1099MISC ENVELOPES - FINA… 100-190-61400.000 24.08 V & V MANUFACTURING, INC. 320770 02/12/2024 OFFICER OF THE YEAR 2023 B… 100-215-65200.000 138.97 BSN SPORTS LLC 320787 02/15/2024 SOCCER GOAL NETS 100-551-63500.000 344.93 MNS ENGINEERS, INC. 320752 02/12/2024 CITY ENGINEERING SERVICES 100-111-63700.000 300.00 MNS ENGINEERS, INC. 320752 02/12/2024 CITY ENGINEERING SERVICES 100-320-63700.000 1,340.00 AA GLASS SHOP 320724 02/12/2024 ART CENTER WINDOW REPAIR 100-551-65900.000 448.13 CSC OF SALINAS 320735 02/12/2024 7822 - SPRAY BOTTLE 100-320-66300.000 15.87 OFFICE DEPOT 320812 02/15/2024 OFFICE SUPPLIES - POLICE DEPT 100-201-65600.000 236.04 OFFICE DEPOT 320812 02/15/2024 1099NEC FORMS/ENVELOPES -…100-190-61400.000 60.90 BSN SPORTS LLC 320787 02/15/2024 BASKETBALL JERSEYS 100-551-63500.000 163.14 LOZANO SMITH, LLP 320750 02/12/2024 LEGAL SERVICES - LOZANO SM…100-150-63100.000 125.00 GREEN RUBBER-KENNEDY AG 320794 02/15/2024 7838 - PVC NIPPLE 100-320-66300.000 9.05 GREENFIELD TRUE VALUE 320796 02/15/2024 HARDWARE SUPPLIES 100-320-65700.000 6.09 TRI-CITIES DISPOSAL 320765 02/12/2024 STREET SWEEPING LANDFIELD…100-320-64400.000 2,259.51 CITY OF GREENFIELD 320732 02/12/2024 599 EL CAMINO REAL 100-111-64300.000 145.43 CITY OF GREENFIELD 320732 02/12/2024 597 EL CAMINO REAL LS 100-111-64300.000 266.78 TRI-CITIES DISPOSAL 320765 02/12/2024 ADMIN HEARING SERVICES 100-191-64400.000 128,304.94 CITY OF GREENFIELD 320732 02/12/2024 1245 GREENLEAF LP - PERC P… 100-320-64300.000 127.74 CITY OF GREENFIELD 320732 02/12/2024 263 PALO VERDE ST - PERC P… 100-320-64300.000 108.59 CITY OF GREENFIELD 320732 02/12/2024 PALM & FWY EST - 101 SPRIN 100-320-64300.000 144.96 CITY OF GREENFIELD 320732 02/12/2024 1245 APPLE AVE - PERC POND 100-320-64300.000 34.33 CITY OF GREENFIELD 320732 02/12/2024 45 ELMWOOD DR - PERC POND 100-320-64300.000 34.35 CITY OF GREENFIELD 320732 02/12/2024 786 APRICOT STREET #PERC P… 100-320-64300.000 34.21 CITY OF GREENFIELD 320732 02/12/2024 PALM & FWY EAST - 101 SPR 100-320-64300.000 66.74 CITY OF GREENFIELD 320732 02/12/2024 520 TENTH STREET 100-320-64400.000 130.57 CITY OF GREENFIELD 320732 02/12/2024 899 CHERRY AVENUE - CVC BK…100-320-65700.000 167.29 CITY OF GREENFIELD 320732 02/12/2024 1355 OAK AVE # PP RESTROOM 100-550-64300.000 88.60 CITY OF GREENFIELD 320732 02/12/2024 328 PARKSIDE CT 100-550-64300.000 127.32 CITY OF GREENFIELD 320732 02/12/2024 540 BAYWOOD WAY 100-550-64300.000 192.59 CITY OF GREENFIELD 320732 02/12/2024 801 APRICOT STREET PARK 100-550-64300.000 138.38 CITY OF GREENFIELD 320732 02/12/2024 300 APPLE AVENUE PARK 100-550-64300.000 342.16 CITY OF GREENFIELD 320732 02/12/2024 221 PINOT AVE - CITY PARK 100-550-64300.000 265.21 CITY OF GREENFIELD 320732 02/12/2024 1357 OAK AVE PATRIOT PARK …100-550-64300.000 1,781.43 CITY OF GREENFIELD 320732 02/12/2024 1355 OAK AVE - IRRIGATION 100-550-64300.000 70.15 CITY OF GREENFIELD 320732 02/12/2024 890 TYLER AVE - CITY PARK 100-550-64300.000 121.44 CITY OF GREENFIELD 320732 02/12/2024 100 FIFTH STREET PARK 100-550-64300.000 61.07 CITY OF GREENFIELD 320732 02/12/2024 303 EL CAMINO REL MUSEUM…100-550-64300.000 96.65 CITY OF GREENFIELD 320732 02/12/2024 1355 OAK AVE # PP RESTROOM 100-550-64400.000 45.91 CITY OF GREENFIELD 320732 02/12/2024 300 APPLE AVENUE PARK 100-550-64400.000 45.91 CITY OF GREENFIELD 320732 02/12/2024 520 TENTH STREET 100-550-64400.000 130.58 CITY OF GREENFIELD 320732 02/12/2024 213 EL CAMINO REAL N 100-551-64300.000 25.35 CITY OF GREENFIELD 320732 02/12/2024 1351 OAK AVE/COMMUNITY … 100-551-64300.000 74.25 5 Expense Approval Report Payment Dates: 2/9/2024 - 2/22/2024 2/23/2024 4:15:42 PM Page 2 of 12
Vendor Name Payment Number Payment Date Description (Item) Account Number Amount CITY OF GREENFIELD 320732 02/12/2024 1351 OAK AVE FIRE PROTECTI… 100-551-64300.000 167.29 CITY OF GREENFIELD 320732 02/12/2024 215 EL CAMINO REAL N 100-551-64300.000 35.39 CITY OF GREENFIELD 320732 02/12/2024 215 EL CAMINO REAL N 100-551-64400.000 59.95 CITY OF GREENFIELD 320732 02/12/2024 1351 OAK AVE/COMMUNITY … 100-551-64400.000 45.91 CITY OF GREENFIELD 320732 02/12/2024 131 THIRTEENTH ST DAY CARE 100-590-64300.000 75.88 EAST BAY TIRE CO. 320740 02/12/2024 7538 - TIRE 100-550-66300.000 193.38 A&G PUMPING 320781 02/15/2024 PORTABLE TOILETS RENTAL - … 100-551-63500.000 447.50 VALLEY SAW & GARDEN EQUI… 320771 02/12/2024 CHAIN LOOP 100-320-65700.000 106.94 SHRED-IT USA 320763 02/12/2024 RECYCLING SERVICES - PD 100-215-63400.000 269.18 BOUND TREE MEDICAL, LLC 320785 02/15/2024 PD PATROL DISPOSABLE GLOV…100-215-65400.000 1,228.10 GREENFIELD TRUE VALUE 320744 02/12/2024 EYE BOLT SNAP 100-550-65700.000 12.47 GARDAWORLD 320742 02/12/2024 ARMED TRANSPORTATION SE… 100-190-63300.000 1,438.21 CINTAS CORPORATION #630 320731 02/12/2024 JANITORIAL SUPPLIES 100-111-65600.000 38.18 CINTAS CORPORATION #630 320731 02/12/2024 UNIFORMS 100-320-65200.000 71.85 CINTAS CORPORATION #630 320731 02/12/2024 UNIFORMS 100-550-65200.000 71.85 PURE WATER 320818 02/15/2024 CVC WATER 100-111-65100.000 209.50 PURE WATER 320818 02/15/2024 WATER 100-201-65100.000 108.75 HYDRO TURF, INC. 320799 02/15/2024 6" ADJUSTABLE PLASTIC RISER…100-550-65700.000 794.47 MONTEREY COUNTY DISTRICT…320808 02/15/2024 PD DUI ANALYSIS SHORTFALL … 100-215-63400.000 3,881.80 STAPLES ADVANTAGE 320828 02/15/2024 JANITORIAL SUPPLIES 100-550-65600.000 211.25 GREENFIELD TRUE VALUE 320796 02/15/2024 ADAPTER/TEF TAPE 100-320-65700.000 10.62 GREENFIELD TRUE VALUE 320796 02/15/2024 HARDWARE SUPPLIES 100-320-65700.000 4.86 ANN RATHBUN 320725 02/12/2024 REIMBURSEMENT- COSTCO TR…100-101-67300.000 22.92 PAUL WOOD 320757 02/12/2024 PER-DIEM - 2024 CITY MANA… 100-110-67100.000 209.00 ANN RATHBUN 320725 02/12/2024 REIMBURSEMENT- COSTCO TR…100-170-63900.000 37.52 CASEY PRINTING 320730 02/12/2024 BASKETBALL POSTERS 100-551-63500.000 188.14 LEAGUE OF CALIFORNIA CITIES…320806 02/15/2024 MEMBERSHIP DUES 100-101-68300.000 300.00 WEX BANK 320833 02/15/2024 GASOLINE 100-215-67200.000 56.96 GREENFIELD 101, INC. 320795 02/15/2024 CAR WASHES - JAN 2024 100-215-65100.000 54.00 GREENFIELD TRUE VALUE 320796 02/15/2024 STL HANDLE TAMPER 100-320-65700.000 54.70 HR & ASSOCIATES, LLC 320746 02/12/2024 PLANNING CONSULTING SERV…100-22495 228.00 HR & ASSOCIATES, LLC 320746 02/12/2024 PLANNING CONSULTING SERV…100-22512 228.00 HR & ASSOCIATES, LLC 320746 02/12/2024 PLANNING CONSULTING SERV…100-22530 1,064.00 HR & ASSOCIATES, LLC 320746 02/12/2024 PLANNING CONSULTING SERV…100-22558 152.00 HR & ASSOCIATES, LLC 320746 02/12/2024 PLANNING CONSULTING SERV…100-26172 76.00 HR & ASSOCIATES, LLC 320746 02/12/2024 PLANNING CONSULTING SERV…100-26173 152.00 HR & ASSOCIATES, LLC 320746 02/12/2024 PLANNING CONSULTING SERV…100-26174 456.00 HR & ASSOCIATES, LLC 320746 02/12/2024 PLANNING CONSULTING SERV…100-26175 152.00 HR & ASSOCIATES, LLC 320746 02/12/2024 PLANNING CONSULTING SERV…100-601-63600.000 380.00 BRENT SLAMA CONSULTING 320727 02/12/2024 PLANNING CONSULTING SERV…100-601-63600.000 4,777.50 DIEGO MENDOZA 320738 02/12/2024 PLANNING COMMISSION STIP… 100-601-67100.000 50.00 CYNTHIA ZAVALA 320737 02/12/2024 PLANNING COMMISSION STIP… 100-601-67100.000 50.00 ROBERT URQUIDEZ 320760 02/12/2024 PLANNING COMMISSION STIP… 100-601-67100.000 50.00 ERNEST GALLARDO 320741 02/12/2024 PLANNING COMMISSION STIP… 100-601-67100.000 50.00 STEPHANIE GARCIA 320764 02/12/2024 PLANNING COMMISSION STIP… 100-601-67100.000 50.00 CINTAS CORPORATION #630 320788 02/15/2024 JANITORIAL SUPPLIES 100-111-65600.000 38.18 CINTAS CORPORATION #630 320788 02/15/2024 PW SUPPLIES 100-320-65200.000 71.85 CINTAS CORPORATION #630 320788 02/15/2024 PW SUPPLIES 100-550-65200.000 71.85 SBRPSTC-SOUTH BAY REGION… 320825 02/15/2024 PD PSP COURSE TRAINING - D… 100-215-67200.000 541.00 JUSTIN MATTKE 320805 02/15/2024 PER DIEM - SHERMAN BLOCK … 100-215-67200.000 207.00 CLARK PEST CONTROL 320790 02/15/2024 PEST CONTROL 100-111-65900.000 178.00 ALEX LANDEROS 320783 02/15/2024 BOOT REIMBURSEMENT - FY … 100-320-65200.000 51.89 ALEX LANDEROS 320783 02/15/2024 BOOT REIMBURSEMENT - FY … 100-550-65200.000 51.89 O'REILLY AUTO PARTS 320813 02/15/2024 HOSE CLAMPS 100-550-65700.000 10.31 JAMIE TUGEL 320803 02/15/2024 PER-DIEM - IECA ANNUAL CO… 100-310-67100.000 230.00 MONTEREY COUNTY MAYORS… 320809 02/15/2024 ANNUAL DUES 100-101-68300.000 1,575.83 ANDREW KOBE SIQUEIROS 320784 02/15/2024 REC BASKETBALL REFEREE SE… 100-551-63500.000 500.00 OSCAR GUADALUPE PEREZ 320814 02/15/2024 REC BASKETBALL REFEREE SE… 100-551-63500.000 500.00 BSN SPORTS LLC 320787 02/15/2024 SOCCER GOALS AND WHEELS 100-551-63500.000 8,362.47 CITY OF GREENFIELD DFT0005900 02/15/2024 RECORD PAYMENT - ERROHE… 100-22481 32.51 6 Expense Approval Report Payment Dates: 2/9/2024 - 2/22/2024 2/23/2024 4:15:42 PM Page 3 of 12
Vendor Name Payment Number Payment Date Description (Item) Account Number Amount ZEFERINO GARCIA 320835 02/15/2024 STALE DATED CHECK #288837 …100-22492 176.01 ADAN MUNOZ 320782 02/15/2024 STALE DATED CHECK #306567… 100-22492 239.18 SEIU Local 521 320780 02/15/2024 COPE - Union Dues 100-22420 0.20 SEIU Local 521 320780 02/15/2024 Union Dues 100-22420 300.87 STATE STREET BANK & TRUST … DFT0005883 02/16/2024 Defer Comp-Misc Employees 100-22430 90.50 STATE STREET BANK & TRUST … DFT0005885 02/16/2024 Deferred Compensation Loan … 100-22435 548.27 STATE STREET BANK & TRUST … DFT0005886 02/16/2024 Defer Comp-GPOA 100-22430 400.00 STATE STREET BANK & TRUST … DFT0005887 02/16/2024 Defer Comp-GPSA 100-22430 1,182.34 STATE STREET BANK & TRUST … DFT0005888 02/16/2024 Defer Comp-Management 100-22430 660.00 STATE STREET BANK & TRUST … DFT0005889 02/16/2024 Defer Comp-Mid Management 100-22430 220.00 STATE STREET BANK & TRUST … DFT0005890 02/16/2024 Defer Comp-Misc Employees 100-22430 350.00 STATE STREET BANK & TRUST … DFT0005891 02/16/2024 Defer Comp-OE3 Employees 100-22430 350.00 STATE STREET BANK & TRUST … DFT0005892 02/16/2024 Defer Comp-Chief of Police 100-22430 250.00 G P O A 320775 02/15/2024 GPOA DUES 100-22410 320.00
OPERATING ENGINEERS LOCAL…320778 02/15/2024 Union Dues 100-22420 63.70 STATE STREET BANK & TRUST … DFT0005894 02/16/2024 Roth Retirement 100-22431 2,272.50 GREENFIELD POLICE SERGEAN… 320776 02/15/2024 GPSA DUES 100-22415 151.73 CITY OF GREENFIELD 320774 02/15/2024 Weapon Repay 100-22481 154.89 STATE OF CALIFORNIA EDD DFT0005895 02/16/2024 SDI 100-22225 1,384.65 Internal Revenue Service DFT0005896 02/16/2024 Medicare 100-22215 3,676.24 Internal Revenue Service DFT0005897 02/16/2024 Social Security 100-22215 15,719.08 STATE OF CALIFORNIA EDD DFT0005898 02/16/2024 State Withholding 100-22220 4,937.38 Internal Revenue Service DFT0005899 02/16/2024 Federal Tax Withholding 100-22210 13,038.59 Fund 100 - GENERAL FUND Total: 344,765.09
Fund: 102 - Fire General
QUALITY WATER ENTERPRISES…320758 02/12/2024 WATER - FIRE DEPT 102-250-65900.000 35.00 TRI-COUNTY FIRE PROTECTION 320766 02/12/2024 FIRE EXTINGUISHER SERVICE 102-250-65900.000 51.64 WM. J. CLARK TRUCKING SERV…320772 02/12/2024 SAND 102-250-65900.000 510.95 HGE ARCHITECTS, INC. 320745 02/12/2024 FD DESIGN 102-250-63900.000 2,418.18 QUALITY WATER ENTERPRISES…320758 02/12/2024 WATER - FIRE DEPT 102-250-65900.000 35.00 CSG CONSULTANTS, INC. 320736 02/12/2024 FIRE MARSHAL SERVICES 102-250-63600.000 1,700.00 OVERHEAD DOOR 320755 02/12/2024 DOOR REPAIR 102-250-65900.000 1,136.43 CITY OF GREENFIELD 320732 02/12/2024 380 OAK AVE - FIRE PROTECTI… 102-250-64300.000 167.29 CITY OF GREENFIELD 320732 02/12/2024 380 OAK AVE 102-250-64300.000 57.87 CITY OF GREENFIELD 320732 02/12/2024 380 OAK AVE 102-250-64400.000 289.72 MISSION LINEN SUPPLY 320751 02/12/2024 JANITORIAL SUPPLIES 102-250-65600.000 52.74 TYLER KEISLING 320767 02/12/2024 TUITION REIMBURSEMENT 102-250-67800.000 845.00 BRYAN GAGE 320728 02/12/2024 TUITION REIMBURSEMENT 102-250-67800.000 1,500.00 BRUINS SOBER GRAD COMMI… 320786 02/15/2024 2024 GREENFIELD HS SOBER … 102-250-65100.000 250.00 STATE STREET BANK & TRUST … DFT0005884 02/16/2024 Defer Comp-Misc Employees 102-22430 151.73 STATE STREET BANK & TRUST … DFT0005890 02/16/2024 Defer Comp-Misc Employees 102-22430 300.00 Greenfield Professional Firefig…320777 02/15/2024 Fire Union Dues 102-22410 211.58 DEPT OF CHILD SUPPORT SERV…DFT0005893 02/16/2024 Misc Withholding 102-22450 346.15 STATE OF CALIFORNIA EDD DFT0005895 02/16/2024 SDI 102-22225 509.56 Internal Revenue Service DFT0005896 02/16/2024 Medicare 102-22215 1,343.38 Internal Revenue Service DFT0005897 02/16/2024 Social Security 102-22215 5,744.16 STATE OF CALIFORNIA EDD DFT0005898 02/16/2024 State Withholding 102-22220 2,769.19 Internal Revenue Service DFT0005899 02/16/2024 Federal Tax Withholding 102-22210 6,545.67 Fund 102 - Fire General Total: 26,971.24
Fund: 105 - Community Outreach
STATE OF CALIFORNIA EDD DFT0005895 02/16/2024 SDI 105-22225 67.67 Internal Revenue Service DFT0005896 02/16/2024 Medicare 105-22215 178.44 Internal Revenue Service DFT0005897 02/16/2024 Social Security 105-22215 762.86 STATE OF CALIFORNIA EDD DFT0005898 02/16/2024 State Withholding 105-22220 152.18 Internal Revenue Service DFT0005899 02/16/2024 Federal Tax Withholding 105-22210 373.27 Fund 105 - Community Outreach Total: 1,534.42
Fund: 200 - SUPPLEMENTAL LAW ENFORCEMENT
EAN SERVICES, LLC 320739 02/12/2024 CAR RENTAL - LEEDA SUPERVI… 200-205-67200.000 259.23 JOSEPH DYELS 320748 02/12/2024 PER-DIEM - PERISHABLE SKILLS…200-205-67200.000 54.00 7 Expense Approval Report Payment Dates: 2/9/2024 - 2/22/2024 2/23/2024 4:15:42 PM Page 4 of 12
Vendor Name Payment Number Payment Date Description (Item) Account Number Amount JESUS V.M. RANGEL 320804 02/15/2024 PER DIEM - BEHAVIOR ANALYS…200-205-67200.000 90.00 FBI-LEEDA INC 320792 02/15/2024 PD SUPERVISORY LEADERSHIP… 200-205-67200.000 795.00 Fund 200 - SUPPLEMENTAL LAW ENFORCEMENT Total: 1,198.23 Fund: 220 - Supplemental Transactions & Use Tax Fund (V & W) STATE STREET BANK & TRUST … DFT0005884 02/16/2024 Defer Comp-Misc Employees 220-22430 222.48 STATE STREET BANK & TRUST … DFT0005886 02/16/2024 Defer Comp-GPOA 220-22430 1,390.00 STATE STREET BANK & TRUST … DFT0005887 02/16/2024 Defer Comp-GPSA 220-22430 1,782.66 STATE STREET BANK & TRUST … DFT0005889 02/16/2024 Defer Comp-Mid Management 220-22430 100.00 STATE STREET BANK & TRUST … DFT0005890 02/16/2024 Defer Comp-Misc Employees 220-22430 150.00 Greenfield Professional Firefig…320777 02/15/2024 Fire Union Dues 220-22410 103.42 G P O A 320775 02/15/2024 GPOA DUES 220-22410 800.00
OPERATING ENGINEERS LOCAL…320778 02/15/2024 Union Dues 220-22420 127.40 GREENFIELD POLICE SERGEAN… 320776 02/15/2024 GPSA DUES 220-22415 148.27 Right Now Loans 320779 02/15/2024 Misc Withholding 220-22490 91.19 STATE OF CALIFORNIA EDD DFT0005895 02/16/2024 SDI 220-22225 1,457.85 Internal Revenue Service DFT0005896 02/16/2024 Medicare 220-22215 3,843.46 Internal Revenue Service DFT0005897 02/16/2024 Social Security 220-22215 16,434.28 STATE OF CALIFORNIA EDD DFT0005898 02/16/2024 State Withholding 220-22220 6,418.08 Internal Revenue Service DFT0005899 02/16/2024 Federal Tax Withholding 220-22210 15,484.70 Fund 220 - Supplemental Transactions & Use Tax Fund (V & W) Total: 48,553.79 Fund: 230 - GAS TAX FUND
ZUMAR INDUSTRIES, INC. 320773 02/12/2024 STREET SIGNS 230-320-65700.000 2,739.94 R G FABRICATION 320819 02/15/2024 LOCK WASHER - STREET SIGNS 230-320-65700.000 205.46 MNS ENGINEERS, INC. 320752 02/12/2024 CITY ENGINEERING SERVICES 230-320-63700.000 1,320.00 CITY OF GREENFIELD 320732 02/12/2024 18 S EL CAMINO REAL-MEDIAN 230-320-64300.000 66.74 CITY OF GREENFIELD 320732 02/12/2024 MORRIS AVE - MEDIAN STIP 230-320-64300.000 25.34 CITY OF GREENFIELD 320732 02/12/2024 110 EL CAMINO REAL CENTER… 230-320-64300.000 25.34 CITY OF GREENFIELD 320732 02/12/2024 140 EL CAMINO REAL CENTER… 230-320-64300.000 25.34 CITY OF GREENFIELD 320732 02/12/2024 208 EL CAMINO REAL MEDIAN 230-320-64300.000 25.34 CITY OF GREENFIELD 320732 02/12/2024 131 S EL CAMINO REAL LS 230-320-64300.000 3.29 WM. J. CLARK TRUCKING SERV…320834 02/15/2024 SAND FOR STREETS FLOOD PR… 230-320-65700.000 1,344.37 Fund 230 - GAS TAX FUND Total: 5,781.16
Fund: 263 - LLM #1 - LEXINGTON
MNS ENGINEERS, INC. 320752 02/12/2024 SPECIAL ASSESSMENT ENGINE…263-360-63600.000 160.00 CITY OF GREENFIELD 320732 02/12/2024 400 CARDONA CIRCLE 263-360-64300.000 34.21 CITY OF GREENFIELD 320732 02/12/2024 324 WILSON CIRCLE 263-360-64300.000 34.21 CITY OF GREENFIELD 320732 02/12/2024 326 WILSON CIRCLE 263-360-64300.000 185.31 CITY OF GREENFIELD 320732 02/12/2024 0000 GIANOLINI PARKWAY 263-360-64300.000 44.02 SEIU Local 521 320780 02/15/2024 Union Dues 263-22420 4.02 STATE OF CALIFORNIA EDD DFT0005895 02/16/2024 SDI 263-22225 7.79 Internal Revenue Service DFT0005896 02/16/2024 Medicare 263-22215 20.54 Internal Revenue Service DFT0005897 02/16/2024 Social Security 263-22215 87.86 STATE OF CALIFORNIA EDD DFT0005898 02/16/2024 State Withholding 263-22220 11.99 Internal Revenue Service DFT0005899 02/16/2024 Federal Tax Withholding 263-22210 41.66 Fund 263 - LLM #1 - LEXINGTON Total: 631.61
Fund: 264 - LLM #2 - TERRA VERDE, ETC
PACIFIC GAS & ELECTRIC 320815 02/15/2024 STREET LIGHITNG 264-360-64100.000 6,403.77 MNS ENGINEERS, INC. 320752 02/12/2024 SPECIAL ASSESSMENT ENGINE…264-360-63600.000 160.00 CITY OF GREENFIELD 320732 02/12/2024 98 EL CAMINO REAL/PARK 264-360-64300.000 0.05 CITY OF GREENFIELD 320732 02/12/2024 207 TUSCANY AVENUE PARK 264-360-64300.000 508.54 CITY OF GREENFIELD 320732 02/12/2024 246 BORZINI CIRCLE 264-360-64300.000 671.86 CITY OF GREENFIELD 320732 02/12/2024 200 RAVA PARKWAY PARK 264-360-64300.000 210.53 CITY OF GREENFIELD 320732 02/12/2024 355 THORP AVENUE - TREE LI… 264-360-64300.000 121.71 CITY OF GREENFIELD 320732 02/12/2024 10 PEPPER TREE COURT 264-360-64300.000 34.51 CITY OF GREENFIELD 320732 02/12/2024 33 REDWOOD WAY 264-360-64300.000 34.21 CITY OF GREENFIELD 320732 02/12/2024 1284 SYCAMORE STREET 264-360-64300.000 34.21 CITY OF GREENFIELD 320732 02/12/2024 411-A CARDONA CIRCLE 264-360-64300.000 89.07 CITY OF GREENFIELD 320732 02/12/2024 THORP/WALNUT TREE LINE 264-360-64300.000 66.74 CITY OF GREENFIELD 320732 02/12/2024 634 ST CHRISTOPHER LANE 264-360-64300.000 66.75 8 Expense Approval Report Payment Dates: 2/9/2024 - 2/22/2024 2/23/2024 4:15:42 PM Page 5 of 12
Vendor Name Payment Number Payment Date Description (Item) Account Number Amount CITY OF GREENFIELD 320732 02/12/2024 632 VAZQUEZ AVENUE 264-360-64300.000 57.74 CITY OF GREENFIELD 320732 02/12/2024 300 LAS MANZANITAS DRIVE 264-360-64300.000 61.01 CITY OF GREENFIELD 320732 02/12/2024 349 LAS MANZANITAS DRIVE … 264-360-64300.000 53.10 CITY OF GREENFIELD 320732 02/12/2024 20 WALKER LANE ISLAND 264-360-64300.000 168.88 CITY OF GREENFIELD 320732 02/12/2024 317 MORENO STREET 264-360-64300.000 44.48 SEIU Local 521 320780 02/15/2024 Union Dues 264-22420 4.02 STATE OF CALIFORNIA EDD DFT0005895 02/16/2024 SDI 264-22225 7.82 Internal Revenue Service DFT0005896 02/16/2024 Medicare 264-22215 20.62 Internal Revenue Service DFT0005897 02/16/2024 Social Security 264-22215 88.22 STATE OF CALIFORNIA EDD DFT0005898 02/16/2024 State Withholding 264-22220 12.01 Internal Revenue Service DFT0005899 02/16/2024 Federal Tax Withholding 264-22210 41.76 Fund 264 - LLM #2 - TERRA VERDE, ETC Total: 8,961.61
Fund: 265 - SMD #1
MNS ENGINEERS, INC. 320752 02/12/2024 SPECIAL ASSESSMENT ENGINE…265-360-63600.000 160.00 SEIU Local 521 320780 02/15/2024 Union Dues 265-22420 4.02 STATE OF CALIFORNIA EDD DFT0005895 02/16/2024 SDI 265-22225 7.79 Internal Revenue Service DFT0005896 02/16/2024 Medicare 265-22215 20.54 Internal Revenue Service DFT0005897 02/16/2024 Social Security 265-22215 87.86 STATE OF CALIFORNIA EDD DFT0005898 02/16/2024 State Withholding 265-22220 11.99 Internal Revenue Service DFT0005899 02/16/2024 Federal Tax Withholding 265-22210 41.66 Fund 265 - SMD #1 Total: 333.86
Fund: 266 - SMD #2
MNS ENGINEERS, INC. 320752 02/12/2024 SPECIAL ASSESSMENT ENGINE…266-360-63600.000 160.00 SEIU Local 521 320780 02/15/2024 Union Dues 266-22420 4.02 STATE OF CALIFORNIA EDD DFT0005895 02/16/2024 SDI 266-22225 7.74 Internal Revenue Service DFT0005896 02/16/2024 Medicare 266-22215 20.42 Internal Revenue Service DFT0005897 02/16/2024 Social Security 266-22215 87.40 STATE OF CALIFORNIA EDD DFT0005898 02/16/2024 State Withholding 266-22220 11.93 Internal Revenue Service DFT0005899 02/16/2024 Federal Tax Withholding 266-22210 41.51 Fund 266 - SMD #2 Total: 333.02
Fund: 267 - Vintage Meadows LLMD #3
MNS ENGINEERS, INC. 320752 02/12/2024 SPECIAL ASSESSMENT ENGINE…267-360-63600.000 320.00 Fund 267 - Vintage Meadows LLMD #3 Total: 320.00
Fund: 297 - GREENFIELD SCIENCE WORKSHOP
MONTEREY COUNTY OFFICE O…320810 02/15/2024 CA STATE PARKS OEP GRANT -…297-598-65100.205 985.00 HOME DEPOT CREDIT SERVICES 320798 02/15/2024 ELECTRIC INFLATORS - SCIENC… 297-597-65500.000 252.60 HOME DEPOT CREDIT SERVICES 320798 02/15/2024 SUPPLIES FOR SCIENCE EXHIBI… 297-597-65500.000 66.25 HOME DEPOT CREDIT SERVICES 320798 02/15/2024 BRACES - STUDENT PROJECTS 297-597-65500.000 58.26 HOME DEPOT CREDIT SERVICES 320798 02/15/2024 STAIN - STUDENT PROJECT 297-597-65500.000 29.02 CITY OF GREENFIELD 320732 02/12/2024 920 WALNUT AVENUE - SCIEN… 297-597-64300.000 66.76 CITY OF GREENFIELD 320732 02/12/2024 45 EL CAMINO REAL 297-597-64300.000 52.61 CITY OF GREENFIELD 320732 02/12/2024 45 EL CAMINO REAL 297-597-64400.000 119.49 GREENFIELD TRUE VALUE 320796 02/15/2024 VENT CAP/SEALANT - CSW 297-597-65900.000 29.46 MONTEREY COUNTY OFFICE O…320810 02/15/2024 CA STATE PARKS OEP GRANT -…297-598-65100.201 1,094.00 SAMUEL TIDWELL 320824 02/15/2024 CA STATE PARKS OEP GRANT -…297-598-51100.103 535.41 STATE OF CALIFORNIA EDD DFT0005880 02/16/2024 SDI 297-22225 3.55 Internal Revenue Service DFT0005881 02/16/2024 Medicare 297-22215 9.36 Internal Revenue Service DFT0005882 02/16/2024 Social Security 297-22215 40.02 STATE STREET BANK & TRUST … DFT0005888 02/16/2024 Defer Comp-Management 297-22430 693.94 STATE OF CALIFORNIA EDD DFT0005895 02/16/2024 SDI 297-22225 164.56 Internal Revenue Service DFT0005896 02/16/2024 Medicare 297-22215 433.88 Internal Revenue Service DFT0005897 02/16/2024 Social Security 297-22215 1,855.20 STATE OF CALIFORNIA EDD DFT0005898 02/16/2024 State Withholding 297-22220 498.78 Internal Revenue Service DFT0005899 02/16/2024 Federal Tax Withholding 297-22210 1,307.87 Fund 297 - GREENFIELD SCIENCE WORKSHOP Total: 8,296.02
Fund: 385 - INTERNAL SERVICE
LEHR 320749 02/12/2024 7346 - BUMPER LIGHT REPAIR 385-311-66200.000 125.00 O'REILLY AUTO PARTS 320813 02/15/2024 7334 - IGN COIL 385-311-65000.000 92.13 STANDARD INSURANCE COM 320827 02/15/2024 INSURANCE FY 2023-2024 385-180-52530.000 2,689.46 9 Expense Approval Report Payment Dates: 2/9/2024 - 2/22/2024 2/23/2024 4:15:42 PM Page 6 of 12
Vendor Name Payment Number Payment Date Description (Item) Account Number Amount O'REILLY AUTO PARTS 320754 02/12/2024 GLASS FOR SHOP 385-311-65900.000 4.64 EAST BAY TIRE CO. 320740 02/12/2024 7329 - ONE TIRE 385-311-65000.000 160.53 NAPA AUTO PARTS 320811 02/15/2024 2303 - CORE DEPOSIT REFUND 385-311-65000.000 -18.00 EAST BAY TIRE CO. 320740 02/12/2024 7349 - FOUR NEW TIRES 385-311-65000.000 773.50 O'REILLY AUTO PARTS 320754 02/12/2024 MINI RATCHET 385-311-65700.000 10.39 SAFETY-KLEEN SYSTEMS, INC. 320823 02/15/2024 OIL FILTERS WASTE PICK UP 385-311-66200.000 90.00 O'REILLY AUTO PARTS 320754 02/12/2024 7340 - MOTOR OIL/OIL FILTER 385-311-65000.000 62.71 R G FABRICATION 320819 02/15/2024 OXYGEN FOR SHOP 385-311-65700.000 71.63 O'REILLY AUTO PARTS 320754 02/12/2024 7329 - LUG NUT 385-311-65000.000 14.40 MY JEEP-CHRYSLER-DODGE-R… 320753 02/12/2024 7340 - PUMP ENGINE 385-311-65000.000 272.04 ROBIN WARBEY CONSULTING 320822 02/15/2024 IT CONSULTING SERVICES - FY …385-125-63200.000 5,250.00 SALINAS VALLEY FORD 320761 02/12/2024 7335 - VALVE 385-311-65000.000 63.54 O'REILLY AUTO PARTS 320754 02/12/2024 8401 - MOTOR OIL 385-311-65000.000 36.12 O'REILLY AUTO PARTS 320754 02/12/2024 LONG EXT SET 385-311-65700.000 28.47 O'REILLY AUTO PARTS 320754 02/12/2024 7928 - CAPSULE 385-311-65000.000 53.97 VERIZON WIRELESS 320832 02/15/2024 DATA SERVICES - FIRE DEPT T… 385-125-61700.000 200.07 MY JEEP-CHRYSLER-DODGE-R… 320753 02/12/2024 7340 - SEAL 385-311-65000.000 144.20 GREENFIELD TRUE VALUE 320744 02/12/2024 7340 - BOLTS 385-311-65000.000 7.40 CINTAS CORPORATION #630 320731 02/12/2024 UNIFORMS 385-311-65200.000 23.40 CINTAS CORPORATION #630 320731 02/12/2024 JANITORIAL SUPPLIES 385-311-65600.000 19.29 O'REILLY AUTO PARTS 320813 02/15/2024 BAR 385-311-65700.000 43.79 STAPLES ADVANTAGE 320828 02/15/2024 JANITORIAL SUPPLIES - CY 385-311-65600.000 79.61 O'REILLY AUTO PARTS 320813 02/15/2024 7928 - WIPER BLADE 385-311-65000.000 72.80 JESUS EDUARDO ESPINOSA 320747 02/12/2024 PER DIEM/MILEAGE - VISION … 385-125-67200.000 289.30 ANN RATHBUN 320725 02/12/2024 REIMBURSEMENT- COSTCO TR…385-160-65100.000 47.16 O'REILLY AUTO PARTS 320813 02/15/2024 7347 - AIR/ OIL FILTER 385-311-65000.000 68.73 O'REILLY AUTO PARTS 320813 02/15/2024 7347 - LUG NUT 385-311-65000.000 5.08 NAPA AUTO PARTS 320811 02/15/2024 BRAKE PARTS CLEANER 385-311-65700.000 88.48 O'REILLY AUTO PARTS 320813 02/15/2024 7918 - PUMP KIT 385-311-65000.000 744.60 O'REILLY AUTO PARTS 320813 02/15/2024 8411 - ANTIFREEZE 385-311-65000.000 50.35 O'REILLY AUTO PARTS 320813 02/15/2024 ANTI FREEZE 385-311-65700.000 25.17 PREMIUM ALIGNMENT & BRA… 320817 02/15/2024 7340 - 4 WHEEL ALIGNMENT 385-311-66200.000 130.00 AT&T 320726 02/12/2024 INTERNET SERVICE - COMMUN…385-125-61700.000 95.59 AT&T 320726 02/12/2024 INTERNET SERVICE - COMMUN…385-125-61700.000 63.49 CINTAS CORPORATION #630 320788 02/15/2024 PW SUPPLIES 385-311-65200.000 23.40 CINTAS CORPORATION #630 320788 02/15/2024 JANITORIAL SUPPLIES 385-311-65600.000 19.29 O'REILLY AUTO PARTS 320813 02/15/2024 7345 - GROUND STRAP 385-311-65000.000 5.77 O'REILLY AUTO PARTS 320813 02/15/2024 7927 - AIR, OIL FILTERS 385-311-65000.000 185.67 O'REILLY AUTO PARTS 320813 02/15/2024 7339 - CAPSULE 385-311-65000.000 79.05 NAPA AUTO PARTS 320811 02/15/2024 7334 - VIRTUAL 385-311-65000.000 216.56 RG SECURITY SOLUTIONS INC 320821 02/15/2024 BACKGROUND CHECKS 385-160-68100.000 3,500.00 O'REILLY AUTO PARTS 320813 02/15/2024 FLEET CREDIT 385-311-65000.000 -62.77 ANTHEM - BLUE CROSS DFT0005903 02/15/2024 INSURANCE FY 2023-2024 385-180-52510.000 108,759.82 SEIU Local 521 320780 02/15/2024 Union Dues 385-22420 6.94 STATE STREET BANK & TRUST … DFT0005888 02/16/2024 Defer Comp-Management 385-22430 150.00 STATE STREET BANK & TRUST … DFT0005889 02/16/2024 Defer Comp-Mid Management 385-22430 80.00 STATE STREET BANK & TRUST … DFT0005890 02/16/2024 Defer Comp-Misc Employees 385-22430 60.00 STATE OF CALIFORNIA EDD DFT0005895 02/16/2024 SDI 385-22225 126.21 Internal Revenue Service DFT0005896 02/16/2024 Medicare 385-22215 332.76 Internal Revenue Service DFT0005897 02/16/2024 Social Security 385-22215 1,422.80 STATE OF CALIFORNIA EDD DFT0005898 02/16/2024 State Withholding 385-22220 566.87 Internal Revenue Service DFT0005899 02/16/2024 Federal Tax Withholding 385-22210 1,483.47 Fund 385 - INTERNAL SERVICE Total: 128,934.88
Fund: 390 - CAPITAL PROJECTS FUND
PAVEMENT COATINGS CO. 320816 02/15/2024 2023 PAVEMENT MAINTENA… 390-390-83142.000 283,775.68 PAVEMENT COATINGS CO. 320816 02/15/2024 2023 PAVEMENT MAINTENA… 390-390-83200.000 46,248.18 R G FABRICATION 320819 02/15/2024 SUPPLIES - BASEBALL FIELD 390-390-89720.000 50.26 MNS ENGINEERS, INC. 320752 02/12/2024 CITY ENGINEERING SERVICES 390-390-83145.000 1,772.50 MNS ENGINEERS, INC. 320752 02/12/2024 2022 PAVEMENT MANAGEM… 390-390-83142.000 360.00 MNS ENGINEERS, INC. 320752 02/12/2024 12TH ST. FROM OAK TO ELM … 390-390-83146.000 5,735.00 10 Expense Approval Report Payment Dates: 2/9/2024 - 2/22/2024 2/23/2024 4:15:42 PM Page 7 of 12
Vendor Name Payment Number Payment Date Description (Item) Account Number Amount MNS ENGINEERS, INC. 320752 02/12/2024 GREENFIELD ENTRY WAY SIGN 390-390-89115.000 440.00 MNS ENGINEERS, INC. 320752 02/12/2024 2023 PAVEMENT MANAGEM… 390-390-83142.000 5,100.00 R G FABRICATION 320819 02/15/2024 BENCH REPAIR - BASEBALL FIE…390-390-89720.000 315.72 MNS ENGINEERS, INC. 320807 02/15/2024 GRENFIELD ENTRY WAS SIGN 390-390-89115.000 880.00 MNS ENGINEERS, INC. 320752 02/12/2024 WALNUT AVE SIDEWALK/BIKE… 390-390-83141.000 6,427.50 Fund 390 - CAPITAL PROJECTS FUND Total: 351,104.84
Fund: 503 - SEWER FUND
CLEATH-HARRIS GEOLOGISTS, …320791 02/15/2024 QUARTELY GROUNDWATER … 503-335-63800.000 4,134.70 USA BLUEBOOK 320769 02/12/2024 SAFETY GLASSES FOR WWTP 503-335-65700.000 17.50 USA BLUEBOOK 320831 02/15/2024 GLOVES/FRAMELESS LENS 503-335-65700.000 50.41 MNS ENGINEERS, INC. 320752 02/12/2024 CITY ENGINEERING SERVICES 503-335-63700.000 120.00 USA BLUEBOOK 320831 02/15/2024 SMOKE LENSES 503-335-65700.000 65.44 GREENFIELD TRUE VALUE 320744 02/12/2024 POLY MENDER/COUPLER 503-335-65700.000 8.65 HACH COMPANY 320797 02/15/2024 SENSOR - CAP REPLACEMENT 503-335-65700.000 468.66 CALIFORNIA SCADA SERVICES,… 320729 02/12/2024 VINEYARD LIFT STATION - SCA… 503-333-63700.000 1,210.00 GREEN RUBBER-KENNEDY AG 320794 02/15/2024 RED LIFT STATION - BALL VAL… 503-333-65700.000 33.55 UNDERGROUND SERVICE ALE… 320768 02/12/2024 MEMBERSHIP FEE/BILLABLE T… 503-335-65800.000 455.09 GREEN RUBBER-KENNEDY AG 320794 02/15/2024 T-BOLTS CLAMPS - SPRAY FIELD 503-335-65700.000 80.95 RDO EQUIPMENT COMPANY 320759 02/12/2024 7730 - REPAIR LEAKING AXLE … 503-335-66300.000 1,664.20 CITY OF GREENFIELD 320732 02/12/2024 520 TENTH STREET 503-330-64300.000 103.58 CITY OF GREENFIELD 320732 02/12/2024 520 TENTH STREET 503-330-64400.000 45.91 CITY OF GREENFIELD 320732 02/12/2024 520 TENTH STREET 503-330-64400.000 130.57 A&G PUMPING 320723 02/12/2024 HAULED SLUDGE FROM WWT… 503-335-63800.000 11,250.00 SWIFT TECTONICS, INC. 320829 02/15/2024 RIVER LEVEE REPAIRS 503-335-63800.000 6,408.74 CINTAS CORPORATION #630 320731 02/12/2024 UNIFORMS 503-333-65200.000 48.54 HYDROSCIENCE ENGINEERS, I… 320801 02/15/2024 NEW WWTP DESIGN AND IM… 503-390-89133.000 95,985.52 CITY OF SOLEDAD 320789 02/15/2024 SLUDGE REMOVAL DUMPING …503-335-63800.000 4,945.50 CLEATH-HARRIS GEOLOGISTS, …320791 02/15/2024 QUARTELY GROUNDWATER … 503-335-63800.000 4,217.50 O'REILLY AUTO PARTS 320813 02/15/2024 7735 - HYD FLUID 503-335-66300.000 -109.49 CINTAS CORPORATION #630 320788 02/15/2024 PW SUPPLIES 503-333-65200.000 48.54 O'REILLY AUTO PARTS 320813 02/15/2024 7717 - BATTERY 503-333-66300.000 130.58 SWIFT TECTONICS, INC. 320829 02/15/2024 WWTP PONDS MAINTENANCE 503-335-63800.000 1,682.04 SEIU Local 521 320780 02/15/2024 Union Dues 503-22420 160.06 STATE STREET BANK & TRUST … DFT0005883 02/16/2024 Defer Comp-Misc Employees 503-22430 105.59 STATE STREET BANK & TRUST … DFT0005888 02/16/2024 Defer Comp-Management 503-22430 70.00 STATE STREET BANK & TRUST … DFT0005890 02/16/2024 Defer Comp-Misc Employees 503-22430 37.50 STATE OF CALIFORNIA EDD DFT0005895 02/16/2024 SDI 503-22225 181.48 Internal Revenue Service DFT0005896 02/16/2024 Medicare 503-22215 478.38 Internal Revenue Service DFT0005897 02/16/2024 Social Security 503-22215 2,045.26 STATE OF CALIFORNIA EDD DFT0005898 02/16/2024 State Withholding 503-22220 542.63 Internal Revenue Service DFT0005899 02/16/2024 Federal Tax Withholding 503-22210 1,551.55 MNS ENGINEERS, INC. 320752 02/12/2024 WWTP DESIGN ENVIRONMEN… 503-390-89132.000 1,115.00 Fund 503 - SEWER FUND Total: 139,484.13
Fund: 504 - WATER FUND
TOM CARRIGER PLUMBING 320830 02/15/2024 CITY BACKFLOW TESTING 504-345-63700.000 10,500.00 SAN BENITO SUPPLY 320762 02/12/2024 UTILITY SAND FOR WATER SE… 504-345-65700.000 526.08 USA BLUEBOOK 320831 02/15/2024 GLOVES/FRAMELESS LENS 504-345-65700.000 50.40 MNS ENGINEERS, INC. 320752 02/12/2024 APPLE AVENUE FARM HOUSI… 504-390-86210.000 9,082.50 USA BLUEBOOK 320831 02/15/2024 SMOKE LENSES 504-345-65700.000 65.45 USA BLUEBOOK 320831 02/15/2024 GLOVES 504-345-65700.000 7.13 A TOOL SHED, INC. 320722 02/12/2024 BOOM LIFT RENTAL 504-345-63900.000 270.00 GREEN RUBBER-KENNEDY AG 320794 02/15/2024 ADAPTER, COUPLING & PVC P… 504-345-65700.000 78.99 CITY OF GREENFIELD 320732 02/12/2024 CITY WIDE FIRE HYDRANT FLU… 504-340-64300.000 108.14 CITY OF GREENFIELD 320732 02/12/2024 520 TENTH STREET 504-340-64400.000 130.57 FLUID RESOURCE MANAGEM… 320793 02/15/2024 HYDROLIC OIL 504-345-65700.000 90.97 CINTAS CORPORATION #630 320731 02/12/2024 UNIFORMS 504-345-65200.000 88.01 GREENFIELD TRUE VALUE 320796 02/15/2024 CERAMIC FUSE - WELLS 1 & 6 504-345-65700.000 13.12 CINTAS CORPORATION #630 320788 02/15/2024 PW SUPPLIES 504-345-65200.000 51.34 HYDROPRO SOLUTIONS 320800 02/15/2024 4" METER REPLACEMENT FOR… 504-345-65700.000 2,827.94 ADAN MUNOZ 320782 02/15/2024 STALE DATED CHECK #310485… 504-22492 65.24 11 Expense Approval Report Payment Dates: 2/9/2024 - 2/22/2024 2/23/2024 4:15:42 PM Page 8 of 12
Vendor Name Payment Number Payment Date Description (Item) Account Number Amount SEIU Local 521 320780 02/15/2024 COPE - Union Dues 504-22420 9.80 SEIU Local 521 320780 02/15/2024 Union Dues 504-22420 188.01 STATE STREET BANK & TRUST … DFT0005883 02/16/2024 Defer Comp-Misc Employees 504-22430 105.59 STATE STREET BANK & TRUST … DFT0005888 02/16/2024 Defer Comp-Management 504-22430 70.00 STATE STREET BANK & TRUST … DFT0005890 02/16/2024 Defer Comp-Misc Employees 504-22430 37.50 STATE OF CALIFORNIA EDD DFT0005895 02/16/2024 SDI 504-22225 193.94 Internal Revenue Service DFT0005896 02/16/2024 Medicare 504-22215 511.32 Internal Revenue Service DFT0005897 02/16/2024 Social Security 504-22215 2,186.46 STATE OF CALIFORNIA EDD DFT0005898 02/16/2024 State Withholding 504-22220 588.25 Internal Revenue Service DFT0005899 02/16/2024 Federal Tax Withholding 504-22210 1,491.73 Fund 504 - WATER FUND Total: 29,338.48
Grand Total: 1,096,542.38
12 Expense Approval Report Payment Dates: 2/9/2024 - 2/22/2024 2/23/2024 4:15:42 PM Page 9 of 12
Report Summary
Fund Summary
Fund Payment Amount
100 - GENERAL FUND 344,765.09
102 - Fire General 26,971.24
105 - Community Outreach 1,534.42
200 - SUPPLEMENTAL LAW ENFORCEMENT 1,198.23
220 - Supplemental Transactions & Use Tax Fund (V & W) 48,553.79 230 - GAS TAX FUND 5,781.16
263 - LLM #1 - LEXINGTON 631.61
264 - LLM #2 - TERRA VERDE, ETC 8,961.61
265 - SMD #1 333.86
266 - SMD #2 333.02
267 - Vintage Meadows LLMD #3 320.00
297 - GREENFIELD SCIENCE WORKSHOP 8,296.02
385 - INTERNAL SERVICE 128,934.88
390 - CAPITAL PROJECTS FUND 351,104.84
503 - SEWER FUND 139,484.13
504 - WATER FUND 29,338.48
Grand Total: 1,096,542.38
Account Summary
Account Number Account Name Payment Amount
100-101-67300.000 Other Meals & Travel 22.92
100-101-68300.000 Memberships 1,875.83
100-110-67100.000 Meetings & Conferences 209.00
100-111-63700.000 Public Works Services 300.00
100-111-64300.000 Water Utility 412.21
100-111-65100.000 General Operating Suppl… 209.50
100-111-65600.000 Janitorial Supplies 172.05
100-111-65900.000 Building Maintenance S… 178.00
100-150-63100.000 Administration Services 125.00
100-170-63900.000 General Services 37.52
100-190-61400.000 Office Supplies 124.81
100-190-63300.000 Financial Services 1,438.21
100-191-64400.000 Waste Disposal 256,715.44
100-201-61400.000 Office Supplies 100.26
100-201-65100.000 General Operating Suppl… 108.75
100-201-65600.000 Janitorial Supplies 310.94
100-215-63400.000 Police Services 4,250.98
100-215-65100.000 General Operating Suppl… 54.00
100-215-65200.000 Uniforms/Personnel Equ… 138.97
100-215-65400.000 Police Supplies 1,228.10
100-215-67200.000 Other Training 804.96
100-22210 Federal Withholding Tax… 13,038.59
100-22215 FICA Payable 19,395.32
100-22220 State Withholding Tax P… 4,937.38
100-22225 S.D.I. Payable 1,384.65
100-22410 G.P.O.A. Union Dues Pay… 320.00
100-22415 G.P.S.A. Union Dues Pay… 151.73
100-22420 S.E.I.U. Union Dues Paya… 364.77
100-22430 Deferred Comp Payable 3,502.84
100-22431 Roth 2,272.50
100-22435 PERS Loan Payable 548.27
100-22481 POLICE AMMUNITION 187.40
100-22492 Unclaimed Funds Liability 415.19
100-22495 Planning Deposit- 4th St… 228.00
100-22512 Planning Deposits -296 … 228.00
100-22530 Planning Deposits - 802 … 1,064.00
100-22558 Planning Deposits - 717 … 152.00
13 Expense Approval Report Payment Dates: 2/9/2024 - 2/22/2024 2/23/2024 4:15:42 PM Page 10 of 12
Account Summary
Account Number Account Name Payment Amount
100-26172 Cannabis Compliance De… 76.00
100-26173 Cannabis Compliance De… 152.00
100-26174 Cannabis Compliance De… 456.00
100-26175 Cannabis Compliance De… 152.00
100-310-67100.000 Meetings & Conferences 230.00
100-320-63700.000 Public Works Services 1,340.00
100-320-64300.000 Water Utility 550.92
100-320-64400.000 Waste Disposal 2,390.08
100-320-65200.000 Uniforms / Personnel Eq… 195.59
100-320-65700.000 Public Works Supplies 399.38
100-320-66300.000 General Operations Equi… 24.92
100-550-64100.000 Electricity 3.38
100-550-64300.000 Water Utility 3,285.00
100-550-64400.000 Waste Disposal 222.40
100-550-65200.000 Uniforms/Personnel Equ… 195.59
100-550-65600.000 Janitorial Supplies 211.25
100-550-65700.000 Public Works Supplies 820.19
100-550-66300.000 General Operations Equi… 193.38
100-551-63500.000 Recreation Services 10,506.18
100-551-64300.000 Water Utility 302.28
100-551-64400.000 Waste Disposal 105.86
100-551-65900.000 Building Maintenance S… 461.22
100-590-64300.000 Water Utility 75.88
100-601-63600.000 Community Developmen… 5,157.50
100-601-67100.000 Meetings & Conferences 250.00
102-22210 Federal Withholding Tax… 6,545.67
102-22215 FICA Payable 7,087.54
102-22220 State Withholding Tax P… 2,769.19
102-22225 S,D.I Payable 509.56
102-22410 Union Dues Payable 211.58
102-22430 Deferred Comp Payable 451.73
102-22450 Wage Garnishments Pay… 346.15
102-250-63600.000 Community Developmen… 1,700.00
102-250-63900.000 General Services 2,418.18
102-250-64300.000 Water Utility 225.16
102-250-64400.000 Waste Disposal 289.72
102-250-65100.000 General Operating Suppl… 250.00
102-250-65600.000 Jantorial Supplies 52.74
102-250-65900.000 Building Maintenance S… 1,769.02
102-250-67800.000 Tuition Fees 2,345.00
105-22210 Federal Withholding Tax… 373.27
105-22215 FICA Payable 941.30
105-22220 State Withholding Tax P… 152.18
105-22225 S.D.I. Payable 67.67
200-205-67200.000 Other Training 1,198.23
220-22210 Federal Withholding Tax… 15,484.70
220-22215 FICA Payable 20,277.74
220-22220 State Withholding Tax P… 6,418.08
220-22225 S.D.I. Payable 1,457.85
220-22410 G.P.O.A. Union Dues Pay… 903.42
220-22415 G.P.S.A. Union Dues Pay… 148.27
220-22420 S.E.I.U. Union Dues Paya… 127.40
220-22430 Deferred Comp Payable 3,645.14
220-22490 Miscellaneous Withhold… 91.19
230-320-63700.000 Public Works Services 1,320.00
230-320-64300.000 Water Utility 171.39
230-320-65700.000 Public Works Supplies 4,289.77
263-22210 Federal Withholding Tax… 41.66
14 Expense Approval Report Payment Dates: 2/9/2024 - 2/22/2024 2/23/2024 4:15:42 PM Page 11 of 12
Account Summary
Account Number Account Name Payment Amount
263-22215 FICA Payable 108.40
263-22220 State Withholding Tax P… 11.99
263-22225 S.D.I. Payable 7.79
263-22420 S.E.I.U. Union Dues Paya… 4.02
263-360-63600.000 Assessment District Con… 160.00
263-360-64300.000 Water Utility 297.75
264-22210 Federal Withholding Tax… 41.76
264-22215 FICA Payable 108.84
264-22220 State Withholding Tax P… 12.01
264-22225 S.D.I. Payable 7.82
264-22420 S.E.I.U. Union Dues Paya… 4.02
264-360-63600.000 Assessment District Con… 160.00
264-360-64100.000 Electricity 6,403.77
264-360-64300.000 Water Utility 2,223.39
265-22210 Federal Withholding Tax… 41.66
265-22215 FICA Payable 108.40
265-22220 State Withholding Tax P… 11.99
265-22225 S.D.I. Payable 7.79
265-22420 S.E.I.U. Union Dues Paya… 4.02
265-360-63600.000 Assessment District Con… 160.00
266-22210 Federal Withholding Tax… 41.51
266-22215 FICA Payable 107.82
266-22220 State Withholding Tax P… 11.93
266-22225 S.D.I. Payable 7.74
266-22420 S.E.I.U. Union Dues Paya… 4.02
266-360-63600.000 Assessment District Con… 160.00
267-360-63600.000 Community Developmen… 320.00
297-22210 Federal Withholding Tax… 1,307.87
297-22215 FICA Payable 2,338.46
297-22220 State Withholding Tax P… 498.78
297-22225 S.D.I. Payable 168.11
297-22430 Deferred Comp Payable 693.94
297-597-64300.000 Water Utility 119.37
297-597-64400.000 Waste Disposal 119.49
297-597-65500.000 Recreation Supplies 406.13
297-597-65900.000 Building Maintenance S… 29.46
297-598-51100.103 Salaries 535.41
297-598-65100.201 General Operating Suppl… 1,094.00
297-598-65100.205 General Operating Suppl… 985.00
385-125-61700.000 Software Maintenance C… 359.15
385-125-63200.000 Technology Services 5,250.00
385-125-67200.000 Other Training 289.30
385-160-65100.000 General Operating Suppl… 47.16
385-160-68100.000 Recruitment 3,500.00
385-180-52510.000 Health Insurance 108,759.82
385-180-52530.000 Long-Term Disability Ins… 2,689.46
385-22210 Federal Withholding Tax… 1,483.47
385-22215 FICA Payable 1,755.56
385-22220 State Withholding Tax P… 566.87
385-22225 S.D.I. Payable 126.21
385-22420 S.E.I.U. Union Dues Paya… 6.94
385-22430 Deferred Comp Payable 290.00
385-311-65000.000 Vehicle & Equip. Parts & … 3,028.38
385-311-65200.000 Uniforms / Personnel Eq… 46.80
385-311-65600.000 Janitorial Supplies 118.19
385-311-65700.000 Public Works Supplies 267.93
385-311-65900.000 Building Maintenance S… 4.64
385-311-66200.000 Vehicle and Equipment … 345.00
15 Expense Approval Report Payment Dates: 2/9/2024 - 2/22/2024 2/23/2024 4:15:42 PM Page 12 of 12
Account Summary
Account Number Account Name Payment Amount
390-390-83141.000 Walnut Avenue Pedestri… 6,427.50
390-390-83142.000 3-Year Street Rehabilitat… 289,235.68 390-390-83145.000 Traffic Master Plan 1,772.50
390-390-83146.000 2306 12th Street Improv… 5,735.00
390-390-83200.000 SMD Pavement Rehabilit… 46,248.18
390-390-89115.000 North and South Entran… 1,320.00
390-390-89720.000 Baseball Fields Rehabilit… 365.98
503-22210 Federal Withholding Tax… 1,551.55
503-22215 FICA Payable 2,523.64
503-22220 State Withholding Tax P… 542.63
503-22225 S.D.I. Payable 181.48
503-22420 S.E.I.U. Union Dues Paya… 160.06
503-22430 Deferred Comp Payable 213.09
503-330-64300.000 Water Utility 103.58
503-330-64400.000 Waste Disposal 176.48
503-333-63700.000 Public Works Services 1,210.00
503-333-65200.000 Uniforms/Personnel Equ… 97.08
503-333-65700.000 Public Works Supplies 33.55
503-333-66300.000 General Equipment Ope… 130.58
503-335-63700.000 Public Works Services 120.00
503-335-63800.000 Sewer & Water Services 32,638.48
503-335-65700.000 Public Works Supplies 691.61
503-335-65800.000 Permits & Inspections 455.09
503-335-66300.000 General Equipment Ope… 1,554.71
503-390-89132.000 New WWTP Environmen… 1,115.00
503-390-89133.000 New WWTP Design 2022 95,985.52
504-22210 Federal Withholding Tax… 1,491.73
504-22215 FICA Payable 2,697.78
504-22220 State Withholding Tax P… 588.25
504-22225 S.D.I. Payable 193.94
504-22420 S.E.I.U. Union Dues Paya… 197.81
504-22430 Deferred Comp Payable 213.09
504-22492 Unclaimed Funds Liability 65.24
504-340-64300.000 Water Utility 108.14
504-340-64400.000 Waste Disposal 130.57
504-345-63700.000 Public Works Services 10,500.00
504-345-63900.000 General Services 270.00
504-345-65200.000 Uniforms / Personnel Eq… 139.35
504-345-65700.000 Public Works Supplies 3,660.08
504-390-86210.000 Apple Avenue Consolidat… 9,082.50
Grand Total: 1,096,542.38
Project Account Summary
Project Account Key Payment Amount
**None** 1,096,542.38
Grand Total: 1,096,542.38
16 City Council Minutes
February 13, 2024
Page | 1

CITY COUNCIL MINUTES
MEETING OF FEBRUARY 13, 2024

CALL TO ORDER
Mayor White called the meeting to order at 6:00 p.m.

ROLL CALL
PRESENT: Mayor White, Mayor Pro-tem Rodriguez, Councilmembers Martinez, Ortiz and Tipton
ABSENT: None
STAFF: City Manager Wood, Fire Chief Langborg, Police Chief Mixer, Public Works Director Tugel, IT Director Espinosa, City Attorney Thompson, City Clerk Rathbun GUESTS: Gail Stewart-White, Pastor Diana Salinas, Bob Urquides, Efrain Aguilera, Flor B., Maria Bravo, Mayra Ramirez, Edit Ochoa, Gabriel Mejia

INVOCATION
Invocation by Pastor Diana Salinas.

PLEDGE OF ALLEGIANCE
All recited the Pledge of Allegiance.

AGENDA REVIEW
City Attorney Thompson stated that for Item J-6, the recommended action should be discuss and file report and was only a discussion item.

PUBLIC COMMENTS FROM THE AUDIENCE REGARDING ITEMS NOT ON THE AGENDA Jessica Bautista, Sober Grad Fundraising Chair, stated they were holding their first fundraiser and it was a limited edition GPD/GFD t-shirt on sale and encouraged everyone to buy one. She stated that the second part of the fundraiser was the proud sponsor yard sign for donating to the Sober Grad. She asked that everyone support this worthy cause.

Stephanie Garcia stated that this was a different fundraiser than the one the seniors were doing. She stated that this fundraiser was for the community to show support for the kids.

Beatriz Diaz asked Councilmember Ortiz why there was so much hate toward Councilmember Martinez and herself and what was the reason that she ran for Council. She stated that Councilmember Ortiz had previously stated that she was displeased with the Oaxaca community because they were ruining the City and left her home in Greenfield. She stated that on social media a couple years ago, Councilmember Ortiz responded to her stating that Elections Department stated that she was allowed to vote because she still had the utilities under her name. She asked why Councilmember Ortiz wanted to bring the character letter to the Council. She asked City Manager Wood what the City was doing for the unhoused.

COMMENTS FROM CITY COUNCIL
17 City Council Minutes
February 13, 2024
Page | 2
Councilmember Tipton reminded everyone to spay and neuter their pets. He asked that people walking or on bikes at night to not wear dark clothing. He announced that the police department recently shut down a crop shop in Greenfield and stated that this would lessen the vehicles being stolen. He also asked that people not block the sidewalks or park too close to the ramps because people in wheelchairs would have to go onto the streets to get through. He stated that stop signs and city limits were not an option and must be obeyed. He asked that the Council receive an update on the Welcome to Greenfield signs and wished everyone a Happy Valentine’s Day.

Councilmember Martinez announced that there was translation services available and asked that staff supply Spanish agendas for the public. She stated that she attended Career Day at Vista Verde School.

She asked that the Council get involved with the youth at an early age. She stated that the students at Vista Verde expressed that they would like to have more businesses to work at as well as places to hang out. She also stated that there was a youth group that wanted to meet with Chief Mixer. She asked about the cannabis odor and if something could be done about it. She announced that the senior social would be taking place tomorrow.

Councilmember Ortiz announced that the Planning Commission selected a new chair, Cynthia Zavala and a new vice-chair, Bob Urquides. She stated that at the last Planning Commission City Attorney Thompson and Community Development Director Mugan gave an overview of the rules of the Planning Commission as well as the conduct that was expected. She stated that the fence was down at the new Magnolia Apartments and stated that residents should be moving in the second week of March. She asked that everyone that was planning to attend the senior social RSVP so that there could be enough food for all. She stated that she would like an update on the Welcome signs and the banners. She thanked Chief Mixer for the presentation on DUIs by Sgt. de la Torre and Officer Ruelas. She stated that she would like a presentation regarding domestic violence and what information and services the police department was offering.

Mayor Pro-tem Rodriguez stated that a resident had reached out to her about some unhoused people behind her lot but it was about safety as well. She thanked Chief Mixer for the quick response on that issue. She suggested that a link to the minutes be posted so that residents would be able to go there to get information on what happened at the City Council meeting. She congratulated everyone that made honor roll that was published including the City’s youth ambassadors. She stated that she would like staff to follow up on the Welcome signs, the festival fees, banners and the ADA swings. She wished everyone a Happy Valentine’s Day.

Mayor White stated that he participated in the point in time count of the unhoused on January 31st with City Manager Wood, Fabiola Lopez Angela Mejia and the count of unhoused was 10. He stated that he appreciated all the work that had been done on the parks; however, would like to have the swings comply with ADA. He announced that the senior social was tomorrow and that Sober Grad was seeking donations for the event. He stated that there would be a job fair on February 29th.

CONSENT ITEMS
A MOTION by Councilmember Ortiz, seconded by Mayor Pro-tem Rodriguez to approve the consent items including Warrants #320573 through #320721 and Bank Drafts #5836 through #5879 in the amount of $1,188,388.29, approve Minutes of the January 23, 2024 City Council Meeting, Receive and File Monthly Reports – Finance / Science Workshop, adopt Resolution #2024-13, “A Resolution of the City Council of the City of Greenfield Supplementally Appropriating $1,815,562 for the Purchase of the Property to be Used for the New Community Center at Apple and 12th Street, (APN/Parcel ID 109-232-006)”. All in favor. Motion carried.
18 City Council Minutes
February 13, 2024
Page | 3
MAYOR’S PRESENTATIONS, PROCLAMATIONS, COMMUNICATIONS, RESOLUTIONS.

PROCLAMATION – A PROCLAMATION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF

GREENFIELD PROCLAIMING FEBRUARY AS NATIONAL PESTICIDE AWARENESS MONTH Mayor White read the proclamation proclaiming February as National Pesticide Awareness Month.

Mayor White presented the proclamation to Efrain Aguilar, representing UFCW Local 5 and Centro Binancional Para El Desarollo Indigena Oaxaqueno,; a member of Lideres Campesinas; and members of the Safe Ag Safe School committee.

REPORTS – LEAGUE OF CALIFORNIA CITIES – MAYORS AND COUNCILMEMBERS ACADEMY Councilmember Ortiz stated that she only attended a couple of sessions and unfortunately was unable to attend the rest because she was ill.

Mayor Pro-tem Rodriguez reported on the Academy and stated that social media, Brown Act and effective council and manager team sessions were very informative.

Councilmember Tipton reported on the Academy and stated that the effective council and manager team, land use planning, Brown Act and social media sessions were very informative.

Mayor White stated that the Academy provided a lot of information and enjoyed several sessions including the effective council and manager team, social media and the financial sessions.

PRESENTATION – FISCAL YEAR 2023-2024 MID-YEAR FINANCIAL REVIEW City Manager Wood gave a powerpoint presentation regarding the Fiscal Year 2023-2024 Mid-Year Financial Review.

CITY COUNCIL BUSINESS

ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD RATIFYING AND

EXTENDING THE PROCLAMATION OF A LOCAL EMERGENCY
RESOLUTION #2024-14
Staff report was given by Public Works Director Tugel.

A MOTION by Mayor Pro-tem Rodriguez, seconded by Councilmember Tipton to adopt Resolution #2024-14, “A Resolution of the City Council of the City of Greenfield Ratifying and Extending the Proclamation of a Local Emergency”. All in favor. Motion carried.

ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD TO APPROVE

THE POSITION OF EMS COORDINATOR AND MAKE A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $10,000 TO THE 2023-2024 FISCAL YEAR BUDGET TO FUND THE POSITION OF

EMS COORDINATOR
RESOLUTION #2024-15
Staff report was given by Chief Langborg.

Efrain Aguilera stated that he was always under the impression that the fire department had paramedics and stated that he supported this.
19 City Council Minutes
February 13, 2024
Page | 4
Beatriz Diaz stated that she was in favor of this and that the City needed it.

A MOTION by Councilmember Tipton, seconded by Councilmember Martinez to adopt Resolution #2024-15, “A Resolution of the City Council of the City of Greenfield to Approve the Position of EMS Coordinator and Make a Supplemental Appropriation in the Amount of $10,000 to the 2023- 2024 Fiscal Year Budget to Fund the Position of EMS Coordinator”. All in favor. Motion carried.

ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD APPROVING A

SUPPLEMENTAL APPROPRIATION FOR THE DEPARTMENT OF HOMELAND SECURITY EMERGENCY GENERATOR GRANT FUNDS FOR FISCAL YEAR 2023-2024 IN THE AMOUNT OF $1,011,162.66
RESOLUTION #2024-16
Staff report was given by Chief Langborg.

A MOTION by Councilmember Tipton, seconded by Councilmember Martinez to adopt Resolution #2024-16, “A Resolution of the City Council of the City of Greenfield Approving a Supplemental Appropriation for the Department of Homeland Security Emergency Generator Grant Funds for Fiscal Year 2023-2024 in the Amount of $1,011,162.66”. All in favor. Motion carried.

REVIEW AND APPROVE – GREENFIELD POLICE DEPARTMENT’S ANNUAL MILITARY

EQUIPMENT REPORT
Staff report was given by Chief Mixer.

A MOTION by Mayor Pro-tem Rodriguez, seconded by Councilmember Ortiz to accept and file the Greenfield Police Department’s Annual Military Equipment Report. All in favor. Motion carried.

ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD APPOINTING

COUNCILMEMBER YANELY MARTINEZ TO THE CALCITIES ENVIRONMENTAL QUALITY POLICY

COMMITTEE
RESOLUTION #2024-17
Staff report was given by City Attorney Thompson.

Gabriella Serrato stated that the Council had previously voted not to appoint Councilmember Martinez to any committees and what message would it send to the public if she would be appointed to this committee.

Beatriz Diaz asked what better person than Councilmember Martinez for this committee and asked that the Council appoint Councilmember Martinez to the committee.

Councilmember Martinez stated that there had previously been representatives from the City Council.

She stated that she had already attended two meetings already.

Councilmember Ortiz asked if there were other Councilmembers that have been representatives on these committees. Councilmember Martinez stated that there were Councilmembers on the housing committee in the past. Councilmember Tipton stated that he had served on the public safety committee. 20 City Council Minutes
February 13, 2024
Page | 5
Mayor White stated that he did not have any problems appointing Councilmember Martinez. He stated that he was not asking for removal of the censure; however, wanted to move forward to put this behind them. He stated that more could be accomplished by working together.

Mayor Pro-tem Rodriguez stated that she believed that that this would benefit the community and was in favor of it.

Councilmember Ortiz stated that she agreed that the City needed to be represented; however, there needed to be reports regarding the meeting. She stated that currently Councilmember Martinez does not meet with the City Manager and if she doesn’t rely the information what purpose would it serve staff or the public.

City Attorney Thompson stated that this committee would be included in the monthly reports on the agenda.

A MOTION by Mayor Pro-tem Rodriguez, seconded by Councilmember Martinez to adopt Resolution #2024-17, “A Resolution of the City Council of the City of Greenfield Appointing Councilmember Yanely Martinez to the CalCities Environmental Quality Policy Committee”. AYES: Mayor White, Mayor Pro-tem Rodriguez and Councilmember Martinez, NOES: Councilmembers Ortiz and Tipton.

Motion carried.

DISCUSSION AND REVIEW – COUNCILMEMBER ALLEGATION OF MISCONDUCT Staff report was given by City Attorney Thompson.

Gabriella Serrato stated that she was not saying anything about Councilmember Martinez writing the letter; however, she should not sign the letter as a Councilmember. She asked how Councilmember Martinez was supporting the victim.

Beatriz Diaz asked about the letter and if it came anonymously.

Councilmember Martinez stated that she did not use city letterhead to write the letter. She stated that she was not defending what the person did; however, the person needed to go through the process and he should not be condemned and given a second chance. She stated that she supported the victim.

Mayor Pro-tem Rodriguez asked which code of conduct rules were violated. City Attorney Thompson cited the section and stated that it was very wide open and not clear.

Councilmember Ortiz explained how she received the letter and what she did with the letter after she received it. She stated that there were a lot of grey areas in the code of conduct and stated that they needed to be reviewed for better transparency.

This was reviewed and filed.

DISCUSSION AND REVIEW – SELECTING A FACILITATOR FOR CITY COUNCIL MEMBER

TEAMBUILDING TRAINING
Staff report was given by City Manager Wood.

It was the consensus of the Council to move forward and pick a date for the training. 21 City Council Minutes
February 13, 2024
Page | 6
DISCUSSION AND REVIEW – CITY OF GREENFIELD CITY COUNCIL RULES OF ORDER AND

PROTOCOLS AND THE CITY COUNCIL CODE OF CONDUCT
Staff report and power point presentation was given by City Attorney Thompson.

Stephanie Garcia stated that she agreed that the rules were vague and asked if they could be combined into one document. She stated that there should be something that would include social media and what the consequences would be.

Gabriella Serrato stated that the rules were not enough if the Council was not going to be enforcing them. She wanted to know how someone decided that a rule was violated and how it was enforced. She stated that these rules needed to be equal for all.

City Attorney Thompson stated that this item could be brought back for action at the next meeting and suggested that an ad hoc committee could be formed.

It was the consensus of the Council to bring this item back to the next meeting for discussion and action.

CITY ATTORNEY REPORT
City Attorney Thompson clarified that the three minute time limit for public comments was for the person to express themselves to the Council; however, their time should not be extended another three minutes if they were interpreting for the public. The additional three minutes would be granted for a person that could not express themselves to the Council and needed an interpreter for that reason.

CITY MANAGER REPORT
City Manager Wood stated that he attended the ERMA conference in Napa last week and would be attending the League of California Cities conference for City Manager this week in Hollywood.

ADJOURNMENT
Meeting adjourned at 8:59 p.m.
_________________________
Mayor of the City of Greenfield
____________________________
City Clerk of the City of Greenfield
22 MEMORANDUM: February 23, 2024
AGENDA DATE: February 27, 2024
TO: Mayor and City Council
FROM: Jamie Tugel, Public Works Director
TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GREENFIELD SUPPLEMENTALLY APPROPRIATING A TOTAL
OF $37,000 FOR 1) $12,000 FOR MNS ENGINEERS TO PROVIDE
GRANT SUPPORT FOR THE NEW COMMUNITY CENTER; AND
2) START UP COSTS OF $25,000 FOR THE SELECTED

ARCHITECT TO COMMENCE FULL DESIGN PLANS
BACKGROUND:

On December 8, 2021, the City of Greenfield was awarded a Proposition 84 Grant from the State of California Department of Parks and Recreation for the development of a new community center and park.

Now that the purchase of the 9.11-acre parcel located on the corner of Apple Avenue and 12th Street is in escrow, staff is able to move forward with the grant and commence the design phase of the project.

MNS Engineers will prepare the Request For Proposal (RFP) and the selection process for the complete design of the Community Center and park, as well as provide other miscellaneous grant support throughout the project. This RFP will be based on the upon the schematic/conceptual level design that was completed in February 2021.

City Council Memorandum
599 El Camino Real Greenfield CA 93927 (831) 674-5591
www.ci.greenfield.ca.us
23 BUDGET:

The funding for the grant support and start-up costs for Architectural Design, in the amount of $37,000 will be funded through Park Impact Fees. Future funding for the project will be completed during the City’s next budget cycle.

Amount Transfer from: Transfer to:
$37,000 Park Impact Fees 390-390-89141
This amount will be reimbursed to the City through the Grant reimbursement process.

PROPOSED MOTION:

I MOVE TO ADOPT RESOLUTION #2024-18, A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF GREENFIELD SUPPLEMENTALLY APPROPRIATING A TOTAL OF $37,000 FOR 1) $12,000 FOR MNS ENGINEERS TO PROVIDE GRANT SUPPORT FOR THE NEW COMMUNITY CENTER; AND 2) START UP COSTS OF $25,000 FOR

THE SELECTED ARCHITECT TO COMMENCE FULL DESIGN PLANS
24 CITY OF GREENFIELD CITY COUNCIL
RESOLUTION NO. 2024-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD SUPPLEMENTALLY APPROPRIATING A TOTAL OF $37,000 FOR 1) $12,000 FOR

MNS ENGINEERS TO PROVIDE GRANT SUPPORT FOR THE NEW COMMUNITY CENTER; AND 2) START UP COSTS OF $25,000 FOR THE SELECTED ARCHITECT

TO COMMENCE FULL DESIGN PLANS
WHEREAS, on December 8, 2021, the City of Greenfield was awarded a Proposition 84 Grant from the State of California Department of Parks and Recreation for the development of a new community center and park; and WHEREAS, the purchase of the 9.11-acre parcel located on the corner of Apple Avenue and 12th Street, the location of the future community center and park, is in escrow; and
WHEREAS, MNS Engineers will provide initial grant support and preparation of a Request for Proposal (RFP) and the selection process for the complete design of the Community Center and park ; and
WHEREAS, FEMA grant funding award will be issued to CalOES. CalOES will be the pass-through agency for the grant funds and ultimately distribute these funds to the City, and the City Council shall designate Authorized Agent(s) ; and

NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Greenfield does hereby supplementally appropriate a total of $37,000 from Park Impact Fees for 1) $12.000 for MNS Engineers to Provide grant support for the New Community Center; and 2) start up costs of $25,000 for selected Architect to commence full design plans.

PASSED AND ADOPTED by the City Council of the City of Greenfield at a public meeting of the City Council held on the 27th day of February 2024 by the following vote:

AYES, and all in favor, therefore, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

Robert White, Mayor
Attest:

Ann F. Rathbun, City Clerk
25 1
City Council Memorandum 599 El Camino Real Greenfield CA 93937 831-674-5591 www.ci.greenfield.ca.us
MEMORANDUM: 02/16/2024
AGENDA DATE: 02/27/2024
TO: Mayor and City Council
FROM: Guillermo Mixer, Chief of Police
TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF GREENFIELD TRANSFERRING SLESF
GRANT FUNDS IN THE AMOUNT OF $7,148.56 FROM

THE SLESF REVENUE FUND TO SLESF OTHER
TRAINING FUND.

BACKGROUND
In 1996 the California state legislation (AB 3229) created the Citizens Options for Public Safety (COPS) program to fund the Supplemental Law Enforcement Services Fund (SLESF).

The funds cannot be used to supplant resources, but instead, must be used to supplement and benefit frontline law enforcement efforts, and these funds are not intermingled with General Fund dollars.

Government Code Section 30061(c)2 states, “In the case of a city, the city council shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief of police of that city or the chief administrator of the law enforcement agency that provides services for that city.” Previously, the City Council approved SLESF funds to be used for training. The Greenfield Police Department is a member of the San Jose Police Department’s Internet Crimes Against Children Task Force (ICAC), which brings resources, training, and services to those affected by these crimes. On October 2023, two officers and one sergeant attended the National ICAC Conference, which was paid for with SLESF funds and is reimbursable from the San Jose ICAC Task Force.

On February 9, 2024, staff received the reimbursement check in the amount of $7,148.56, which was deposited into SLESF Revenue Account 200-43622.000. Staff are requesting the funds be transferred into SLESF Other Training Account 200-205-67200.

BUDGET AND FINANCIAL IMPACT
There is no net fiscal impact, as future expenditures will be made from the grant funds. 26 2

PROPOSED MOTION
I MOVE TO APPROVE RESOLUTION #2024-19, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF GREENFIELD TRANSFERRING SLESF GRANT FUNDS IN THE AMOUNT OF $7,148.56 FROM THE SLESF REVENUE FUND TO SLESF OTHER TRAINING FUND.
27 RESOLUTION NO. 2024-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GREENFIELD TO TRANSFER SLESF GRANT FUNDS IN THE
AMOUNT OF $7,148.56 FROM THE SLESF REVENUE FUND TO SLESF

OTHER TRAINING FUND
WHEREAS, the California state legislature created the Citizens Option for Public Safety/Supplemental Law Enforcement Services Account program; and WHEREAS, funds are required to be placed in a special revenue fund (SLESF); and shall be allocated for expenditures listed in the City’s 2023/2024 budget; and WHEREAS, the Legislature mandated this money be spent for front line law enforcement purposes and may not be used to supplant any existing law enforcement services provided by the City or intermingled with General Fund dollars; and
WHEREAS, SLESF funds were expended for training, and the police department received full reimbursement for said training.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Greenfield approves the following transfer within the SLESF Fund Accounts:

1. Transfer from SLESF Revenue Account 200-43622.00 to SLESF Other Training Account 200-205-67200.

PASSED AND ADOPTED by the City Council of the City of Greenfield, at a regular meeting of the City Council held on the 27th day of February 2024, by the following vote:

AYES, and all in favor, therefore, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:
_______________________________
Robert White, Mayor
Attest:
___________________________
Ann F. Rathbun, City Clerk
28 CERTIFICATE OF RECOGNITION

PLANNING COMMISSIONER JOSE VAZQUEZ
WHEREAS, Jose Vazquez has served on the Greenfield Planning Commission, and WHEREAS, Mr. Vazquez leadership as a Commissioner has had great impact and value to the City and its citizens; and
WHEREAS, the Greenfield City Council thanks Jose Vazquez for his professional services on the Greenfield Planning Commission and know that the citizens of this community appreciate his contributions and dedication to the City of Greenfield.

DATED: February 27, 2024
______________________________
Robert White
Mayor of the City of Greenfield
29 DATE: February 7, 2024
AGENDA DATE: February 27, 2024
TO: Mayor and City Council
PREPARED BY: Jamie Tugel, Public Works Director
Tony Nisich PE, Project Manager
TITLE: ADOPT A RESOLUTION APPROVING A PROCUREMENT

AGREEMENT WITH CLOACINA LLC, IN THE AMOUNT OF
$31,083,973.90 FOR THE DESIGN AND PROCUREMENT OF A

PACKAGED MEMBRANE BIOREACTOR TREATMENT (MBR)
SYSTEM FOR THE NEW WWTP AND APPROPRIATE $150,000 IN
SUPPLEMENTAL FUNDS FOR PHASE 1 OF THIS AGREEMENT

AS REQUIRED AND AUTHORIZING THE CITY MANAGER TO

NEGOTIATE AND EXECUTE THIS AGREEMENT
ADOPT A RESOLUTION APPROVING AMENDMENT #1 TO THE

PROFESSIONAL SERVICES AGREEMENT WITH

HYDROSCIENCE ENGINEERS IN THE NOT-TO-EXCEED
AMOUNT OF $647,037.00 AND APPROPRIATE SUPPLEMENTAL

FUNDS AS REQUIRED FOR THE NEW WWTP DESIGN

SERVICES AND RELATED IMPROVEMENTS AND

AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE THIS AGREEMENT AMENDMENT

BACKGROUND AND ANALYSIS
The City Council adopted the Wastewater Treatment Plant (WWTP) Master Plan prepared by Carollo Engineers dated May 2021 including the Phased Wastewater Treatment Plant Improvements Alterative report prepared by Wallace Group, dated December 2020, on June 8, 2021.

The Master Plans recommend the replacement of the existing WWTP with a new facility that would meet the new effluent water quality requirements adopted in the Waste Discharge Requirements adopted for the WWTP by the Regional Water Quality Control Board.

City Council Memorandum 599 El Camino Real Greenfield CA 93937 831-674-5591 www.ci.greenfield.ca.us
30 The City retained the services of HydroScience Engineers to complete the design of the WWTP upgrade at the October 11, 2022, City Council Meeting via Resolution No. 2022-94.

HydroScience has completed the Preliminary Design Report (PDR), which is the basis for the required environmental documentation, and Denise Duffy & Associates (DDA) has prepared a Draft Environmental Report which is under staff review. The PDR identified additional, altered, and removed facilities that change the project scope from the original agreement.

The next phase of design development involves the pre-selection of the Packaged Membrane Bioreactor (MBR) manufacturer to allow for the detailed design around the selected equipment.

Packaged treatment plants are proprietary systems that are specifically engineered to meet City requirements and come fully equipped with tanks, mechanical equipment and piping, electrical systems, controls, pumps, handrails, catwalks, and staircases.

Selecting a specific MBR vendor early in the design process provides many benefits, including optimized integration of the MBR process with surrounding processes, optimized site layout, reduced design cost and duration, and the opportunity to reduce lead time. The design of the MBR system is specific to each manufacturer’s proprietary design and a standard design cannot be universally applied to the variety of MBR package systems that exist in the industry. In addition, upstream and downstream processes are also impacted by the choice of MBR system design.

The City issued a Request for Proposals (RFP) for the Pre-Selection and future procurement of a Packaged Membrane Bioreactor Treatment System on September 13, 2023, and received two responsive submittals on November 1, 2023, from Integrated Water Systems, Inc of Longmont, Colorado and Cloacina LLC of Arroyo Grande, California.

The City selection committee reviewed each of the proposals and conducted virtual interviews that resulted in a final rating for each proposal. The committee unanimously recommended the proposal from Cloacina LLC. This Procurement process has been and will continue to be coordinated with the State Water Board.

BUDGET AND FINANCIAL IMPACT
Discussion on State Funding
The City has applied for a Grant from the Clean Water State Revolving Fund for the estimated total amount of the project. The Grant includes reimbursement for preliminary planning, design, and environmental assessment costs in addition to the construction related costs. The State has previously verbally committed to funding the new WWTP. Subsequently the State has indicated that federal earmarked for this and similar projects may be at risk due to new Federal priorities.

The City is moving forward assuming the grant commitment from the State will be honored but will be proceeding thoughtfully and judiciously by including contractual provisions for adjustment of timing as needed to develop an alternate funding strategy if needed. The attached proposed Resolution allows for phasing Design (Phase 1) and Procurement (Phase 2) for this purpose.

The City has budgeted for up-front planning, environmental and design costs because these steps are needed to affirm budgets and schedule. This is true for the State Funding Agreement and any alternative funding strategy. The design and procurement of the Cloacina packaged WWTP will 31 be appropriately phased so that if a pause is required to regroup on funding strategies, the City has the contractual ability to do that.

Discussion on City Participation in Funding
Costs not reimbursed by this or other Grants, will be covered by City reserves and/or debt financing.

Discussion on Overall Budget
The following Table shows the latest total cost estimate.

Cost updates from the estimate provided in the 2020 WWTP Improvements Report and the October 11, 2022 Council Report includes additional upgrades such as site specific soil stabilization as recommended in the geotechnical report, raising of the finish grade elevation above 100-year flood plain, relocation of the existing stormwater basin, dual coarse screening followed by fine screening, equalization basin, Plant Drain Pump Station, 3W pump station for onsite water use, Recycled Water Pump Station, buildings, off-site civil recommendations, escalation of project construction costs to a 2025 construction start date, along with all site civil, and electrical/ instrumentation improvements associated with these upgrades.

Estimated Total Project Costs
A. WWTP Facilities Planning $718,132
B. WWTP Facilities Design $4,982,603
C. Construction Management $4,667,856
D. Value Engineering $239,377
E. Administration $820,132
F. Soft costs Contingency Allowance $200,000
G. Facilities Construction Total $72,049,000
H. Construction Contingency Allowance $12,530,000
I. Other Costs (environmental) $150,000
J. Legal/admin $100,000
Total Project Costs $96,457,100
The RFP for the MBR systems included two phases for pricing.

Phase 1: Technical Support Services to assist in the final design. The Cloacina cost proposal for Phase 1 is $150,000, which was fixed by the terms of the RFP. This is the amount that is requested to be supplementally appropriated per the table below:

Amount Transfer From Transfer To
$150,000 Wastewater Enterprise Fund 503-390-89133
Phase 2: System Cost that provides a guaranteed pricing for Phase 2 for a period to April 1, 2025, when it is anticipated that an order will be placed by the General Contractor for the MBR Package System. The Cloacina guaranteed price for Phase 2 through April 1, 2025 is $30,933,973.91. If an order for the MBR is delayed until after April 1, 2025 by the General 32 Contractor selected by the City, the Price Guarantee may be adjusted by an amount not to exceed the percentage increase indicated by the Bureau of Labor Statistics Consumer Price Index.

The approval of this contract with Cloacina includes a supplemental appropriation for the Phase 1 costs only, in the amount of $150,000.
• Article 2.03 of the agreement specifically provides that the City is not obligated under the agreement beyond the $150,000 for Special Engineering Services, until the City issues a “Notice to Commence Fabrication” to the Vendor. • Article 2.04 of the Agreement provides that the City will assign the production, delivery, and commissioning of the Goods and all Special Services to a General Contractor.

The Phase 2 costs will be included in the bid received from the successful General Contractor bid for the complete plant construction.

WWTP Design Services contract amendment
The preliminary design process resulted in changes and additions to the scope of services required to complete the final design of the WWTP. These changes include:
• Interim Sludge Dewatering Improvements
• Additional Site Civil Design
• Additional Survey and Utility Investigation
• Additional Chemical and Electrical Building Improvements • Expanded Headworks Facility
• Influent and Plant Drain Pump Station Structural Design • Centralized Fine Screening Facility
• A pressurized water system using MBR permeate as the non-potable water source for on-site water usage
• Effluent Pump Station System Modifications
• Walnut Avenue and Utility Extensions
• UV Disinfection System Modifications
• Recycled Water Conveyance and Distribution System
The requested increase is for a not to exceed price of $647,037. Additional detail is included in the attachment. Staff has reviewed the request and recommends approval.

This is the amount that is requested to be supplementally appropriated per the table below:

Amount Transfer From Transfer To
$647,037 Wastewater Enterprise Fund 503-390-89133

RECOMMENDATIONS

1. City Staff recommends the City Council approve a Procurement Agreement with Cloacina, LLC for a Packaged Membrane Bioreactor Treatment System in the amount of $150,000 for 33 Phase 1, and $30,933,973.91 for Phase 2, and authorize the City Manager to negotiate and execute the contract for this purpose.

2. City Staff recommends the City Council approve Amendment #1 to the Professional Services Agreement with HydroScience Engineering for Design Services for the New WWTP and related improvements for the not to exceed amount of $647,037.00 and appropriate funds as required and authorize the City Manager to negotiate and execute the contract for this amendment.

PROPOSED MOTION
I MOVE TO:

1. ADOPT RESOLUTION NO. 2024-20, A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF GREENFIELD APPROVING A PROCUREMENT
AGREEMENT WITH CLOACINA LLC, IN THE AMOUNT OF $31,083,973.90

FOR THE DESIGN AND PROCUREMENT OF A PACKAGED MEMBRANE

BIOREACTOR TREATMENT (MBR) SYSTEM FOR THE NEW WWTP AND
APPROPRIATE $150,000 IN SUPPLEMENTAL FUNDS FOR PHASE 1 OF THIS

AGREEMENT AS REQUIRED AND AUTHORIZING THE CITY MANAGER

TO NEGOTIATE AND EXECUTE THIS AGREEMENT

2. ADOPT RESOLUTION NO . 2024-21, A RESOLUTION OF THE CITY OF GREENFIELD APPROVING AMENDMENT #1 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH HYDROSCIENCE ENGINEERS IN THE NOTTO-EXCEED AMOUNT OF $647,037.00 AND APPROPRIATE

SUPPLEMENTAL FUNDS AS REQUIRED FOR THE NEW WWTP DESIGN

SERVICES AND RELATED IMPROVEMENTS AND AUTHORIZING THE

CITY MANAGER TO NEGOTIATE AND EXECUTE THIS AGREEMENT

AMENDMENT
34 CITY OF GREENFIELD CITY COUNCIL
RESOLUTION NO. 2024-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD

APPROVING A PROCUREMENT AGREEMENT WITH CLOACINA LLC, IN THE AMOUNT OF $31,083,973.90 FOR THE DESIGN AND PROCUREMENT OF A

PACKAGED MEMBRANE BIOREACTOR TREATMENT (MBR) SYSTEM FOR THE NEW WWTP AND APPROPRIATE $150,000 IN SUPPLEMENTAL FUNDS FOR PHASE 1 OF THIS AGREEMENT AS REQUIRED AND AUTHORIZING THE CITY

MANAGER TO NEGOTIATE AND EXECUTE THIS AGREEMENT
WHEREAS, the City Council adopted the Wastewater Treatment Plant Master Plan prepared by Carollo Engineers dated May 2021 including the Phased Wastewater Treatment Plant Improvements Alterative report prepared by Wallace Group, dated December 2020 on June 8, 2021; and
WHEREAS, the City retained the Services of HydroScience Engineers to complete the design of the WWTP upgrade project on October 11, 2022, via Resolution No. 2022-94; and WHEREAS, the next phase of design development involves the selection of the Package Membrane Bioreactor (MBR) manufacturer; and
WHEREAS, The City issued a Request for Proposals (RFP) for the Design and Procurement of a Packaged Membrane Bioreactor Treatment System on September 13, 2023, and received two responsive submittals on November 1, 2023, from Integrated Water Systems, Inc of Longmont, Colorado and Cloacina LLC of Arroyo Grande, California; and WHEREAS, The City selection committee reviewed each of the proposals and conducted virtual interviews that resulted in a final rating for each proposal; and WHEREAS, The City Selection committee unanimously recommended the proposal from Cloacina LLC.; and

WHEREAS, Staff is recommending the approval of the Procurement Agreement with Cloacina LLC., consisting of Phases 1 and 2; and
WHEREAS, Phase 1 (for Design) is in the amount of $150,000.00; and WHEREAS, Phase 2 (for Procurement/construction) is in the amount of $30,933,973.91 which is guaranteed until April 1, 2025, and if the General Contractor is selected after April 1, 2025, the price guarantee may be adjusted by an amount not to exceed the percentage increase indicated by the Bureau of Labor Statistics Price Index.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Greenfield that:

1. A procurement agreement be awarded to Cloacina LLC. for phase 1 services in the amount of $150,000.00 and for phase 2 services in the amount of $30,933,973.91. If the General Contractor is selected after April 1, 2025, the price guarantee may be adjusted by an amount 35 not to exceed the percentage increase indicated by the Bureau of Labor Statistics Price Index; and

2. That $150,000is supplementally appropriated per the details of the staff report for phase 1 services; and

3. The City Manager is authorized to negotiate the final terms and conditions of the contracts authorized herein; and

4. The City Manager is authorized to execute said agreements on behalf of the City of Greenfield.

PASSED AND ADOPTED by the City Council of the City of Greenfield, at a regularly scheduled meeting of the City Council held on the 27th day of February, 2024, by the following vote:

AYES, and all in favor, therefore, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

_______________________________
Robert White, Mayor
Attest:
___________________________
Ann F. Rathbun, City Clerk
36 CITY OF GREENFIELD CITY COUNCIL
RESOLUTION NO. 2024-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD APPROVING AMENDMENT #1 TO THE PROFESSIONAL SERVICES AGREEMENT

WITH HYDROSCIENCE ENGINEERS IN THE NOT-TO-EXCEED AMOUNT OF $647,037.00 AND APPROPRIATE SUPPLEMENTAL FUNDS AS REQUIRED FOR THE

NEW WWTP DESIGN SERVICES AND RELATED IMPROVEMENTS AND

AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THIS

AGREEMENT AMENDMENT
WHEREAS, the City Council approved a Professional Services Agreement with HydroScience Engineers on October 11, 2022, via Resolution No. 2022-94; and WHEREAS, the preliminary design of the WWTP resulted in changes to the scope of the original design services; and
WHEREAS, the City received a proposal for these additional services from HydroScience on November 30, 2023; and
WHEREAS, City desires to approve Amendment #1 to the Professional Services Agreement with HydroScience Engineering for Design Services for the New WWTP and related improvements as contained in the proposal from HydroScience dated November 30, 2023, for the not to exceed amount of $647,037.00 and appropriate funds as required and authorize the City Manager to negotiate and execute the contract for this amendment.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Greenfield that:

1. Amendment #1 to the Professional Services Agreement with HydroScience Engineers for Design Services for the New WWTP and related improvements be approved for the not to exceed amount of $647,037; and

2. That $647,037 be supplementally appropriated per the details of the staff report for said services; and

3. The City Manager is authorized to negotiate the final terms and conditions of the contracts authorized herein; and

4. The City Manager is authorized to execute said agreements on behalf of the City of Greenfield.
37 PASSED AND ADOPTED by the City Council of the City of Greenfield, at a regularly scheduled meeting of the City Council held on the 27th day of February, 2024, by the following vote:

AYES, and all in favor, therefore, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

_______________________________
Robert White, Mayor
Attest:
___________________________
Ann F. Rathbun, City Clerk
38 City of Greenfield WWTP Upgrade Project – MBR Procurement August 2023 Bid Schedule
495-001-100 00310-1
SECTION 00310

BID SCHEDULE

CITY OF GREENFIELD

PACKAGED MEMBRANE BIOREACTOR TREATMENT SYSTEM
39 Individual Train Breakdown
Base M500/M9 MBR System $ 5,395,891.52 YES YES YES
Standard System Optional Equipment Pricing Option Cost
Option
Selected? Option Total
Option
Selected?
Option
Selected?
Option
Selected?
Sound attenuation Adder (PER M500 TRAIN) $ 95,209.60 NO $0.00 NO $0.00 NO $0.00 NO $0.00 Bardenpho (PER M500 TRAIN) $ 371,520.00 YES $371,520.00 YES $371,520.00 YES $371,520.00 YES $371,520.00 Low-flow Configuration (PER M500 TRAIN) $ 44,280.00 YES $44,280.00 YES $44,280.00 NO $0.00 NO $0.00 Aluminum Slide Operators (PER M500 TRAIN) $ 88,520.00 NO $0.00 NO $0.00 NO $0.00 NO $0.00 SS Steel Slide Operators (PER M500 TRAIN) $ 99,656.00 NO $0.00 NO $0.00 NO $0.00 NO $0.00 RAS Underflow Butterfly Valve (PER M500 TRAIN) $ 49,880.00 NO $0.00 NO $0.00 NO $0.00 NO $0.00 RAS Underflow Isolation Gate (PER M500 TRAIN) $ 234,940.00 NO $0.00 NO $0.00 NO $0.00 NO $0.00 Greenfield Specific- PVC Coating (PER M500 TRAIN) $ 73,887.00 YES $73,887.00 YES $73,887.00 YES $73,887.00 YES $73,887.00 Greenfield Specific- 4th MEMBRANE DEDUCT (PER M500 TRAIN) $ (232,967.68) YES ($232,967.68) YES ($232,967.68) YES ($232,967.68) YES ($232,967.68) Greenfield Specific- Ductile Iron Adder (PER M500 TRAIN) $ 170,400.00 YES $170,400.00 YES $170,400.00 YES $170,400.00 YES $170,400.00 BABA SS Compliance (PER M500 TRAIN) $ 353,479.91 YES $353,479.91 YES $353,479.91 YES $353,479.91 YES $353,479.91 Spare Parts Package #2 (only Qty 1 package) $ 124,607.00 YES $124,607.00 NO $0.00 NO $0.00 NO $0.00 Spare Parts Package #3 (only Qty 1 package) $ 149,450.00 NO $0.00 NO $0.00 NO $0.00 NO $0.00 Pared down Operator/Valve Adder $ 72,010.00 YES $72,010.00 YES $72,010.00 YES $72,010.00 YES $72,010.00 Centralized Chems Delta (Updated Scope Minus Original Equipment) Savings $ (23,360.00) YES $ (23,360.00) YES 5 Year Warranty per Addendum (PER M500 TRAIN) $ 67,893.01 YES $67,893.01 YES $67,893.01 YES $67,893.01 YES $67,893.01 Base Cost for all Trains $ 21,583,566.06 $ 5,395,891.52 $5,395,891.52 $5,395,891.52 $5,395,891.52 All Selected Optional Items: $3,694,695.98 $1,021,749.24 $920,502.24 $876,222.24 $876,222.24 Base Pricing Plus Selected Options Subtotal: $25,278,262.04 DRYPAC System (Single System for all M500 Trains) $ 1,095,129.65 DRYPAC System Install $ 109,692.00
Duplex Fine Screens on Platform with splitter box (PER M500 TRAIN) $ 675,550.00 Fine Screen/Platform Install $ 43,252.00
Item
No. Estimated Quantity Description Lump Sum Bid Price, $

2.1 Lump Sum Packaged MBR System (using denoted selections made above) $25,278,262.04

2.2 Lump Sum Sales Tax on Membrane Equipment (9.5% on Items 2.1) $ 2,401,434.89

2.3 Lump Sum Shipping (All Items 2.1) $ 180,000.00

2.4 Lump Sum Equipment Installation Assistance $ 2,768,000.00

2.5 Lump Sum Control System Testing Included

2.6 Lump Sum O&M Manuals and Operator Training Included

2.7 Lump Sum Startup and Testing Assistance Included

2.8 Lump Sum Phase 2 Bid Total $30,627,696.94

2.8* Lump Sum Bonding (@1% Rate) 306,276.97

2.8* Lump Sum Adjusted Phase 2 Bid Total with Bonding Included $30,933,973.91 Item
No. Cost Category Lump Sum Bid Price, $

3.1 Phase 1 Bid (Item 1.1) (Pre-assigned value by RFP) $150,000

3.2 Phase 2 Bid (Item 2.8) $30,627,696.94

3.3 Total Lump Sum Bid Price (Sum of Items 3.1 to 3.2)* $30,627,696.94

3.4 Total Lump Sum Bid Price (Sum of Items 3.1 to 3.2)* + Bonding $30,933,973.91
Train 2 Train 3
*Cloacina provided this transparently for discussion about whether a bond can be more cost effectively obtained by the General Contractor. *Note, that the Phase 1 costs are taken out of the Phase 2 pricing. These Phase 1 Services are part of the standard offering for Cloacina.

Train 4
Non-RFP Project Specific Optional Adders (not included in any pricing below):

Train 1
*The above two supply line items pricing is BABAA compliant, but no taxes included. 40 41
42 43
44 45
46 47
P&ID Tag # Tank Description Qty Manufacturer
Electrical / SCADA Equipment:

MCC-1B10-1 MA Control Panel 1 AB/Royal
#N/A MA HMI Screen 1 AB/Royal
AIT-116 MA Liquiline Analytical Transmitter, 8 Channel 1 Endress and Hauser/Rust AIT-1B10-2 MA Liquiline Analytical Transmitter, 4 Channel 1 Endress and Hauser/Rust CO-1C10-1 MA Compressor 1 Ingersoll-Rand
PT-1C10-1 MA Air Scour Pressure Transmitter 1 Endress and Hauser/Rust SV-1C10-1 MA Solenoid Valve-3/4in 1 ASCO/Tempresco
SV-1C10-2 MA Solenoid Valve-3/4in 1 ASCO/Tempresco
SV-1C10-3 MA Solenoid Valve-3/4in 1 ASCO/Tempresco
SV-1C10-4 MA Solenoid Valve-3/4in 1 ASCO/Tempresco
#N/A C Lifting Crane 1 Thern/Carpenter Rigging
#N/A C Wall Mount 10
#N/A C Wire Rope 10
FM-0100-1 Flow Meter, 6in 1 Endress and Hauser/Rust
M9 MBR
LT-1421-1 RA Level Transmitter 1 Endress and Hauser/Rust ORP-1421-1 RA ORP Probe 1 Endress and Hauser/Rust
ORP-1421-1 RA Memosens Cable 1 Endress and Hauser/Rust
MX-1421-1 RA Mixer 1 Flygt
MX-1421-1 RA Seal/Thermal Relay 1 Flygt
MX-1421-1 RA Slide Rail System 1 Flygt
MX-1421-2 RA Mixer 1 Flygt
MX-1421-2 RA Seal/Thermal Relay 1 Flygt
MX-1421-2 RA Slide Rail System 1 Flygt
MX-1451-1 RB Mixer 1 Flygt
MX-1451-1 RB Seal/Thermal Relay 1 Flygt
MX-1451-1 RB Slide Rail System 1 Flygt
DO-1551-1 RB DO Probe 1 Endress and Hauser/Rust
#N/A RB Fine Bubble Diffuser 22 OTT
#N/A RC Fine Bubble Diffuser 44 OTT
LT-1431-1 LA Level Transmitter 1 Endress and Hauser/Rust ORP-1431-1 LA ORP Probe 1 Endress and Hauser/Rust
ORP-1431-1 LA Memosens Cable 1 Endress and Hauser/Rust
MX-1431-1 LA Mixer 1 Flygt
MX-1431-1 LA Seal/Thermal Relay 1 Flygt
MX-1431-1 LA Slide Rail System 1 Flygt
MX-1431-2 LA Mixer 1 Flygt
MX-1431-2 LA Seal/Thermal Relay 1 Flygt
MX-1431-2 LA Slide Rail System 1 Flygt
MX-1451-1 RB Mixer 1 Flygt
MX-1451-1 RB Seal/Thermal Relay 1 Flygt
MX-1451-1 RB Slide Rail System 1 Flygt
DO-1551-1 RB DO Probe 1 Endress and Hauser/Rust
N/A RB Fine Bubble Diffuser 22 OTT
MX-1461-1 LB Mixer 1 Flygt
MX-1461-1 LB Seal/Thermal Relay 1 Flygt
MX-1461-1 LB Slide Rail System 1 Flygt
LT-1581-1 RC Level Transmitter 1 Endress and Hauser/Rust LT-1591-1 LC Level Transmitter 1 Endress and Hauser/Rust #N/A LC Fine Bubble Diffuser 44 OTT
DO-1571-1 MC DO Probe 1 Endress and Hauser/Rust
#N/A MC Fine Bubble Diffuser 44 OTT
LT-1541-1 MB Level Transmitter 1 Endress and Hauser/Rust DO-1541-1 MB DO Probe 1 Endress and Hauser/Rust
#N/A MB Fine Bubble Diffuser 44 OTT
PH-1541-1 MB pH Probe 1 Endress and Hauser/Rust
PH-1541-1 MB Memosens Cable 1 Endress and Hauser/Rust
48 LT-1615-1 MA Level Transmitter 1 Endress and Hauser/Rust SS-1615-1 MA Mixed Liquor Probe 1 Endress and Hauser/Rust P-1612-1 MA Subermisible FAS Pump 1 Flygt
P-1612-1 MA Base Elbow 1 Flygt
P-1612-1 MA Slide Rail Bracket 1 Flygt
P-1612-1 MA Slide Rail Flange Mount 1 Flygt
P-1612-1 MA Hook Safety Assembly 1 Flygt
P-1612-1 MA Chain Fitting 1 Flygt
P-1612-1 MA Gateway 1 Flygt
P-1612-1 MA Anode 1 Flygt
FM-1611-1 MA Flow Meter-6in 1 Endress and Hauser/Rust
PV-1611-1 MA FAS Isolation Valve 1 DeZuric/CS_amsco
CV-1611-1 MA FAS Check Valve 1 DeZuric/CS_amsco
MEM-1611-1 MA Membrane Cassette 1 Suez
LF-1611-1 MA Level Float 1 SJE
P-1611-1 MA Permeate Pump-417gpm 1 Boerger
PT-1611-2 MA Permeate TMP sensor 1 Endress and Hauser/Rust PRV-1611-1 MA Membrane Safety Valve 1 Kunkle
BFV-1611-1 MA Butterfly Valve-4in 1 FNW/Ferguson
AV-1611-1 MA Actuator 1 Triac/Ferguson
FM-1611-2 MA Flow Meter-4in 1 Endress and Hauser/Rust
P-1611-2 MA Prime Pump 1 Xylem/Pumping Solutions
B-1611-3 MA Membrane Blower 1 FPZ
B-1611-3 MA Filter Manifold 1 FPZ
B-1611-3 MA Swing Check Valve 1 FPZ
B-1611-3 MA Inlet Filter/ Silencer 1 FPZ
B-1611-3 MA Calibration of Safety Valve 1 FPZ
B-1611-3 MA 1/8" Tap installed on FS Filter 1 FPZ
B-1611-3 MA SS Pressure Gauge 1 FPZ
B-1611-3 MA Dirty Filter Indicator 1 FPZ
B-1611-3 MA Safety Valve 1 FPZ
PT-1611-1A MA Blower Discharge Pressure Transmitter 1 Endress and Hauser/Rust PT-1611-1B MA Blower Suction Pressure Transmitter 1 Endress and Hauser/Rust MAF-1611-1 MA Membrane Mass Air Flow Sensor 1 Endress and Hauser/Rust SV-1611-1 MA NaOCl CIP Solenoid 1 Plast-o-matic/HIPCO
SV-1611-2 MA Citric CIP Solenoid 1 Plast-o-matic/HIPCO
P-1612-1 MA Subermisible FAS Pump 1 Flygt
P-1612-1 MA Base Elbow 1 Flygt
P-1612-1 MA Slide Rail Bracket 1 Flygt
P-1612-1 MA Slide Rail Flange Mount 1 Flygt
P-1612-1 MA Hook Safety Assembly 1 Flygt
P-1612-1 MA Chain Fitting 1 Flygt
P-1612-1 MA Gateway 1 Flygt
P-1612-1 MA Anode 1 Flygt
FM-1612-1 MA Flow Meter-6in 1 Endress and Hauser/Rust
PV-1612-1 MA FAS Isolation Valve 1 DeZuric/CS_amsco
CV-1612-1 MA FAS Check Valve 1 DeZuric/CS_amsco
MEM-1612-1 MA Membrane Cassette 1 Suez
LF-1612-1 MA Level Float 1 SJE
P-1612-1 MA Permeate Pump-417gpm 1 Boerger
PT-1612-1 MA Permeate TMP sensor 1 Endress and Hauser/Rust PRV-1612-1 MA Membrane Safety Valve 1 Kunkle
BFV-1612-1 MA Butterfly Valve-4in 1 FNW/Ferguson
49 AV-1612-1 MA Actuator 1 Triac/Ferguson
FM-1612-2 MA Flow Meter-4in 1 Endress and Hauser/Rust
P-1612-4 MA Prime Pump 1 Xylem/Pumping Solutions
B-1612-3 MA Membrane Blower 1 FPZ
B-1612-3 MA Filter Manifold 1 FPZ
B-1612-3 MA Swing Check Valve 1 FPZ
B-1612-3 MA Inlet Filter/ Silencer 1 FPZ
B-1612-3 MA Calibration of Safety Valve 1 FPZ
B-1612-3 MA 1/8" Tap installed on FS Filter 1 FPZ
B-1612-3 MA SS Pressure Gauge 1 FPZ
B-1612-3 MA Dirty Filter Indicator 1 FPZ
B-1612-3 MA Safety Valve 1 FPZ
PT-1612-3A MA Blower Discharge Pressure Transmitter 1 Endress and Hauser/Rust PT-1612-3B MA Blower Suction Pressure Transmitter 1 Endress and Hauser/Rust MAF-1612-3 MA Membrane Mass Air Flow Sensor 1 Endress and Hauser/Rust SV-1612-1 MA NaOCl CIP Solenoid 1 Plast-o-matic/HIPCO
SV-1612-2 MA Citric CIP Solenoid 1 Plast-o-matic/HIPCO
P-1613-1 MA Subermisible FAS Pump 1 Flygt
P-1613-1 MA Base Elbow 1 Flygt
P-1613-1 MA Slide Rail Bracket 1 Flygt
P-1613-1 MA Slide Rail Flange Mount 1 Flygt
P-1613-1 MA Gateway 1 Flygt
P-1613-1 MA Anode 1 Flygt
FM-1613-1 MA Flow Meter-6in 1 Endress and Hauser/Rust
PV-1613-1 MA FAS Isolation Valve 1 DeZuric/CS_amsco
CV-1613-1 MA FAS Check Valve 1 DeZuric/CS_amsco
MEM-1613-1 MA Membrane Cassette 1 Suez
LF-1613-1 MA Level Float 1 SJE
P-1613-2 MA Permeate Pump-417gpm 1 Boerger
PT-1613-2 MA Permeate TMP sensor 1 Endress and Hauser/Rust PRV-1613-1 MA Membrane Safety Valve 1 Kunkle
BFV-1613-1 MA Butterfly Valve-4in 1 FNW/Ferguson
AV-1613-1 MA Actuator 1 Triac/Ferguson
FM-1613-2 MA Flow Meter-4in 1 Endress and Hauser/Rust
P-1613-4 MA Prime Pump 1 Xylem/Pumping Solutions
B-1613-3 MA Membrane Blower 1 FPZ
B-1613-3 MA Filter Manifold 1 FPZ
B-1613-3 MA Swing Check Valve 1 FPZ
B-1613-3 MA Inlet Filter/ Silencer 1 FPZ
B-1613-3 MA Calibration of Safety Valve 1 FPZ
B-1613-3 MA 1/8" Tap installed on FS Filter 1 FPZ
B-1613-3 MA SS Pressure Gauge 1 FPZ
B-1613-3 MA Dirty Filter Indicator 1 FPZ
B-1613-3 MA Safety Valve 1 FPZ
PT-1613-1A MA Blower Discharge Pressure Transmitter 1 Endress and Hauser/Rust PT-1613-1B MA Blower Suction Pressure Transmitter 1 Endress and Hauser/Rust MAF-1613-1 MA Membrane Mass Air Flow Sensor 1 Endress and Hauser/Rust SV-1601-3 MA NaOCl CIP Solenoid 1 Plast-o-matic/HIPCO
SV-1602-3 MA Citric CIP Solenoid 1 Plast-o-matic/HIPCO
P-1614-1 MA Subermisible FAS Pump 1 Flygt
P-1614-1 MA Base Elbow 1 Flygt
P-1614-1 MA Slide Rail Bracket 1 Flygt
P-1614-1 MA Slide Rail Flange Mount 1 Flygt
50 P-1614-1 MA Gateway 1 Flygt
P-1614-1 MA Anode 1 Flygt
FM-1614-1 MA Flow Meter-6in 1 Endress and Hauser/Rust
PV-1614-1 MA FAS Isolation Valve 1 DeZuric/CS_amsco
CV-1614-1 MA FAS Check Valve 1 DeZuric/CS_amsco
MEM-1614-1 MA Membrane Cassette 1 Suez
LF-1614-1 MA Level Float 1 SJE
P-1614-2 MA Permeate Pump-417gpm 1 Boerger
PT-1614-2 MA Permeate TMP sensor 1 Endress and Hauser/Rust PRV-1614-1 MA Membrane Safety Valve 1 Kunkle
BFV-1614-1 MA Butterfly Valve-4in 1 FNW/Ferguson
AV-1614-1 MA Actuator 1 Triac/Ferguson
FM-1614-2 MA Flow Meter-4in 1 Endress and Hauser/Rust
P-1614-4 MA Prime Pump 1 Xylem/Pumping Solutions
B-1614-3 MA Membrane Blower 1 FPZ
B-1614-3 MA Filter Manifold 1 FPZ
B-1614-3 MA Swing Check Valve 1 FPZ
B-1614-3 MA Inlet Filter/ Silencer 1 FPZ
B-1614-3 MA Calibration of Safety Valve 1 FPZ
B-1614-3 MA 1/8" Tap installed on FS Filter 1 FPZ
B-1614-3 MA SS Pressure Gauge 1 FPZ
B-1614-3 MA Dirty Filter Indicator 1 FPZ
B-1614-3 MA Safety Valve 1 FPZ
PT-1614-3A MA Blower Discharge Pressure Transmitter 1 Endress and Hauser/Rust PT-1614-3B MA Blower Suction Pressure Transmitter 1 Endress and Hauser/Rust MAF-1614-3 MA Membrane Mass Air Flow Sensor 1 Endress and Hauser/Rust SV-1614-1 MA NaOCl CIP Solenoid 1 Plast-o-matic/HIPCO
SV-1614-2 MA Citric CIP Solenoid 1 Plast-o-matic/HIPCO
ST-10C2-1 MA Chemical Pump Stand-Triplex 1 Blue-White
P-1910-1 MA WAS Pump-25gpm 1 Seepex
P-1910-2 MA WAS Pump-25gpm 1 Seepex
FM-1910-1 MA WAS Flow Meter-1in 1 Endress and Hauser/Rust LT-1711-1 MA Clearwell Level Transmitter 1 Endress and Hauser/Rust NTU-1711-1 MA Clearwell Turbidity Sensor 1 Endress and Hauser/Rust FM-1711-1 MA Flow Meter-8in 1 Endress and Hauser/Rust
B-1501-1 OS1 Aeration Blower 1 Aerzen
PT-1501-1A OS1 Blower Discharge Pressure Transmitter 1 Endress and Hauser/Rust PT-1501-1B OS1 Blower Suction Pressure Transmitter 1 Endress and Hauser/Rust B-1501-2 OS1 Aeration Blower 1 Aerzen
PT-1501-2A OS1 Blower Discharge Pressure Transmitter 1 Endress and Hauser/Rust PT-1501-2B OS1 Blower Suction Pressure Transmitter 1 Endress and Hauser/Rust B-1501-3 OS1 Aeration Blower 1 Aerzen
PT-1501-3A OS1 Blower Discharge Pressure Transmitter 1 Endress and Hauser/Rust PT-1501-3B OS1 Blower Suction Pressure Transmitter 1 Endress and Hauser/Rust P-1602-1 OS NaOCl CIP Pump 1 Blue-White/HIPCO
P-1602-2 OS Citric CIP Pump 1 Blue-White/HIPCO
P-1C02-3 OS Anti-Foam Pump 1 Blue-White/HIPCO
P-1C03-1 OS NaOH Pump 1 Blue-White/HIPCO
51 52
53 GREENFIELD FINAL CONFORMED SCOPE ONLY
CONTACT NAME Hydroscience Engineers PROJECT NUMBER CL20-146 CONTACT EMAIL REVISION NUMBER 7
CONTACT NUMBER REVISION DATE 12/21/23

PROJECT INFORMATION
The following are the design parameters of the supplied Cloacina equipment:

1.1 Project Design Parameters
The following are the design parameters for the entire project (from the RFP) TOTAL DAILY FLOW M500
Average
Annual
(AAF)
Maximum
Daily (MDF)
Peak Daily
(PDF)
Peak Hour
(PDF)
Peaking Factor 1.0 1.4 1.7 N/A**
Gallons per Day 600,000 840,000 1,000,000 N/A**
Gallons per Minute* 417 583 694 N/A**
*Assumes flows are averaged over 1440 minutes
**PHF to be handled with equalization, prior to Cloacina MBR unless plant is specifically designed to accommodate PHF.

ORGANIC CONCENTRATION BOD TSS TN NH3 TP
Influent (mg/l) 400 340 80 60 16
Screen Removal % 4% 9% 2% 0% 2%
Post Screened Influent values (mg/l) 384 309 78 60 16
MBR treatment capacity based on influent concentration described in Section 11300 of the RFP.

TOTAL ORGANIC LOADING (lbs/day) BOD TSS TKN NH3 TP
AAF 1,922 1,548 392 300 78
MDF 2,690 2,168 549 420 110
EFFLUENT LIMITATIONS* BOD5 TSS TKN NH3 TP
Effluent (mg/l) 10 10 10 N/A 3
54 2
Package Design
The following are the design parameters of the supplied Cloacina equipment:

Flow Definitions
Wastewater flow can be described in a multitude of ways, related to varied time periods, wet and dry weather, seasonal populations, and permit definitions. To ensure that the estimated package meets the project needs, the following terms shall be used to define the capacity of the proposed system:

Term Definition
Average Annual
Flow (AAF)
The average flow of a one-day period which is the influent volume in one year divided by the number of days in that year. AAF is typically the nominal capacity of a plant.

Maximum Daily
Flow (MDF)
The maximum daily flow occurring over a 24-hour period. Cloacina utilizes MDF for maximum biological design and the maximum sizing of the treatment equipment.

Peak Daily Flow
(PDF)
The single greatest flow of a one-day (24hr) period in a year. PDF serves for design of plant hydraulic capacity. Flow rates greater than PDF, including Peak Hour Flow (defined below), are to be equalized to PDF by influent storage (by others) that augments the treatment plant.

Peak Hour Flow
(PHF)
The flow over a 60-minute period which is the influent flow of the highest flow hour in the Peak Day. For applications in which influent is screened prior to equalization, screens shall be sized for PHF. In the absence of a PHF specified by the Client, PHF will be calculated as a function of the plant’s service population per “Metcalf & Eddy”.

Influent Loading
The following outlines the organic loading used to develop this estimate.

Term Definition
Maximum Daily
Flow (MDF) Loading
It is assumed that the influent concentrations outlined below are applied 100% to the Maximum Day Flow (MDF), unless otherwise indicated.

PEAK Daily Flow
(PDF)
It is assumed that no additional influent constituent loading is contributed by flows more than MDF. Loading defined for MDF is assumed to be diluted at PDF such that PDF loading shall equal MDF loading multiplied by the ratio of MDF to PDF.

PDF Equation •
PD 
MMDF 



•

PD 

MMDF 



•

PD 

MMDF 




55 3

2.2 PROCESS DESIGN PARAMETERS
Activated Sludge Design Value (MMF)
Volume Under Aeration (gal) 126,211
Hydraulic Residence Time (hrs) 7.1
Design MLSS (mg/L) 9,600
Design MLSS (lbs) 21,865
MLSS/MLVSS Ratio 0.69
Design MLVSS (lbs) 15,087
Design F/M Ratio 0.18
Design SRT (days) 12.1
Return Activated Sludge Factor (x Q) 4.0
Return Activated Sludge Rate (gpm) 2,333
Aeration Design Value (MMF)
Project Altitude (ft) 400
lb O2 / lb BOD 1.25
lb O2 / lb NH3-N 4.60
Design Air Requirement (SCFM) 1026
Design Aeration Residence Time (hrs) 3.3
Nutrient Reduction Design Value (MMF)
Design Anoxic Residence Time (hrs) 3.73
Waste Activated Sludge (WAS) Design Value (MMF)
lbs WAS / lbs Influent BOD 0.67
Design lbs WAS / day 1804.1
Design WAS Concentration (mg/L) 12,000
Design WAS Production Rate (gpd) 18,015
56 4
Membrane Clarification Each Cassette N
Cassettes Supplied 1 3
Membrane Area (ft2) 22,360 67,080
Flux at AAF (gal/ft2/day) 8.9 8.9
Flux at MMF (gal/ft2/day) 12.5 12.5
Flux at PDF (gal/ft2/day) 14.9 14.9
PEAK Permeation per Cassette (gpm) 251 251
Design Air Flow (DCFM) 194 583
Estimated Production Time (min/day) 1,329
Membrane Cassette Type ZW500D-52/52
Total Cassettes Supplied 3
Chemical Usage Sodium Hypochlorite Citric Acid
Gallons per CIP Cycle 10.43 7.45
Gallons per Recovery Clean 3.28 2.73
Estimated Gallons per Year 1092 390

2.3 PACKAGE PARAMETERS
Dimensions per the general arrangement drawing(s), which are provided below.

SCOPE OF SUPPLY
The following will be supplied with the MEMPAC-M unit

3.1 Inlet POC’s
Equipment Description Quantity
Influent Flowmeters Endress+Hauser, electromagnetic flowmeter 2 Influent Isolation Valves Dezurik Plug Valves prior to each flowmeter for Isolation of each side of the M-Process
2 3.2 Anoxic Process
Equipment Description Quantity
57 5
Level Sensor Endress+Hauser hydrostatic level transducer 2 ORP Probe Endress+Hauser, ORP probes 4
Anoxic Mixer Submersible mixer on slide rail system 8
Anoxic Mixer Lift-out Davit crane thimble mounted to SS tank wall, SS cable 8

3.3 Aeration Process
Equipment Description Quantity
Level Sensor Endress+Hauser, level transducer 1
Dissolved Oxygen Sensor Endress+Hauser, DO Sensor 1
Aeration Blower Positive Displacement Blower packages, VFD controlled 2 Blower Pressure Sensor Endress+Hauser, pressure/vacuum sensors 4 Aeration Diffusers OTT, Magnum 2000 Flexsil fine bubble 250

3.4 Membrane Process
Forward Activated Sludge (FAS) Process (standard configuration) Equipment Description Quantity
Level Sensor Endress+Hauser hydrostatic level transducer 1 FAS Pump Submersible pump with slide rail and base, VFD controlled 3 FAS Flowmeter Endress+Hauser, electromagnetic flowmeter 3 FAS Slide Rail System Cloacina T-bolt system for slide rail base elbow mounting, Coated ductile base elbow system
4 FAS Piping Ductile Iron Piping, fittings with SS nuts/bolts, gaskets, Epoxy Exterior coating on all piping/fittings
3 FAS Valves Ductile iron Plug valves and Exterior weighted swing check valves 3 Membrane Equipment (standard configuration)
Equipment Description Quantity
Level Switch Membrane Chamber Float Switch, with SS bracket 3 Membrane Cassette SUEZ ZW500D 3
Permeate Pump Positive Displacement Rotary Lobe Pump 3
Permeate Flowmeter Endress+Hauser, electromagnetic flowmeter 3 Permeate TMP Sensor Endress+Hauser, pressure/vacuum combination sensor 3 Air Scour Blower Regenerative blower, with pressure relief, isolation kit* 3 Blower Pressure Sensor Endress+Hauser, pressure/vacuum sensor 6 Mass Air Flowmeter Endress+Hauser, thermal mass flowmeter 3 Permeate Auto Valve Automated valve for cassette isolation during idle/CIP 3 Permeate Piping Sch. 80 PVC, butterfly isolation valves, SS hardware 3 Clean in Place (CIP) Equipment
Standard Table of Supply deleted. See conformed CIP Equipment Scope of work for final scope.

Waste Activated Sludge (WAS) Process
Equipment Description Quantity
MLSS Sensor Endress+Hauser, TSS Sensor 1
58 6
WAS Pumps Progressive cavity pump 2
WAS Flowmeter Endress+Hauser, electromagnetic flowmeter 1

3.5 Effluent Equipment
Equipment Description Quantity
Effluent Flow Meter Endress+Hauser, electromagnetic flowmeter 1 Effluent Turbidity Endress+Hauser or Hach, Inline Turbidity Sensor, final determination to be made in coordination with Project Engineer.

Sensor to be fed from all membrane permeate lines. Alarming to be provided to aid in troubleshooting.
1 3.6 Utility Equipment
Equipment Description Quantity
Sensory Probe Wash Air
System
pre-skidded air compressor with regulator, solenoid, pressure gauge for complete probe wash system
1 Probe wash lines/valves rigid stainless-steel line from compressor to all sensory equipment requiring probe washing, complete with isolation valves and check valves
1 lot

3.7 Electrical and Control Equipment
Equipment Description Quantity
Control Panel U.L. Listed 480V, 3-Phase, NEMA 4X, Stainless Steel MCC Panel with air conditioner, HOA’s for all powered equipment, breakers, contactors, VFD’s, relays, terminals, UPS battery backup source, over/under voltage monitoring, main disconnect mounted to inner door,
1 HMI 15-inch touch screen computer 1
Control Transmitter Endress+Hauser Liquiline, digital transmitter 1

3.8 Packaged System
Cloacina shall provide a packaged system that includes, stainless steel process tanks, process equipment required for complete factory assembled and fully tested MBR inclusive of all skid-mounted equipment including, but not limited ancillary equipment such as scope-specific chemical and piping systems, electrical, controls, tankage, inter-connection piping for tanks and equipment, seismically designed facilities include equipment and piping supports, equipment removal devices, integration of equipment control, points of connection for all external connections, control equipment, accessories, access platforms, ladders/stairs and services as specified in the RFP documentation.

Project Support

4.1 Documents/Deliverables
Document Description Quantity
Biological Modelling Biological modeling using Client supplied data, showing efficacy of plant and confirmed effluent with
selected equipment options
1 Drawings Package PFD, P&ID’s, General Arrangement drawings with wet/dry utility layout
1 Structural Engineering Package Full calculations for tanks, catwalk and major structural design, with anchor/chair design.
1 59

7 Electrical Control Panel Equipment drawings/Single Line Drawings 1 Project Submittals Detailed information for all supplied equipment 1 Factory Acceptance Testing Documents Detail of all equipment tests prior to shipping 1 Equipment Manual Detailed Operations and Maintenance Manual 1

4.2 Labor
Scope Description Hrs
On-site Startup On-site/Offsite startup and commissioning 200 Operator Training On-site Operator training 40
Remote Support Phone and web support after completion of startup 40

OPTIONAL ITEMS IN THE CONTRACT

5.1 Advanced Biological Nutrient Removal
Cloacina shall provide the following advanced BNR (Bardenpho) equipment in accordance with this proposed scope of supply.

Equipment Description Quantity
Internal Recycle Pumps Submersible pump with slide rail and base, VFD controlled (matching FAS Pumps, where possible)
2 IR Flowmeter Endress+Hauser, electromagnetic flowmeter 2 Slide Rail System Cloacina T-bolt system for slide rail base elbow mounting, Coated ductile base elbow system
2 FAS Piping Ductile Iron Piping, fittings with SS nuts/bolts, gaskets, Epoxy Exterior coating on all piping/fittings to tank edge connection 2 FAS Valves Ductile iron Plug valves and Exterior weighted swing check valves 2 Anoxic Mixers Conversion of Aeration MB-AER to Anoxic MB-AER requires the following anoxic equipment;
• (2) submersible mixers each with:
o slide rail system
o Davit arm thimble
o SS cable and cable stop
• (1) tank-mount mixer each with:
o slide rail system
o Davit arm thimble
o SS cable and cable stop
Electrical disconnect at mixer location
1 (lot)
FAS Mixer Conversion of MA-AER to MA-ANX requires the following anoxic equipment;
• (1) tank-mount mixer each with:
o slide rail system
o Davit arm thimble
o SS cable and cable stop
Electrical disconnect at mixer location
1 MCC Upgrades Control panel updates to include; 1 lot
60 8
• VFD’s for IR pumps, with all relays, breakers
• Analytics incorporation, including necessary
analyzers/converters in panel with din rail terminal
connections for field connections
• Additional Mixer Contactors, seal fails, thermal relays • Wiring in panduits for the above
• Factory Acceptance Testing of above
Programming Programming package to include controls narrative and programmatic functionality which includes;
• Independent IR Q rate with BNR overrides for ORP
optimization, hooked to Permeate Rates
• Implementation of Carbon Feed Source pumping using
streaming analytics for feedback (if equipped/necessary) • Implementation of alkalinity feed pump
• DO controls system changes/optimization
• Mixer controls
• Graphing, Charting, Trending, Alarming for the above
equipment/processes
1 lot
Note: Internal recycle lines require underslab field installation and tie-in to Cloacina provided flanges at IR pump location and pre-anoxic connection.

5.2 Low-Flow Configuration
The low-flow option allows the system to be capable of maximum turn-down, utilizing automated setpoints and leveraging the widest dynamic loading of the reactor volumes. This option reduces the compensatory measures of the Operations staff during ramp-up of the plant flows as well as reducing or eliminating supplemental chemicals. Each of the M-Series low-flows is slightly different, but they all contain the following features to support the above;
Scope: Type: Qty
Process Engineering Modelling Simulations Modelling Hrs 8 Low Level Interconnects, with flange x
flange interconnect Spools 4-12”* 8
Specialty Motors for Permeate Systems TEBC 2-4*
Sensory Equipment Slide Rail Extensions 12-24” 1-6**
Engineering/Programming narratives and
process programmatic changes to allow for
Low-flow Mode, which automatically uses
all stored process setpoints for low-flow
configuration.

Labor
1 lot
*Model/Options Chosen Dependent
**Where Applicable
The Why:

Cloacina highly recommends the low-flow option be included for projects in which the ramp-up of constant influent flow to the MBR will take longer than a few days to reach 20% of the average daily flow (ADF), especially when the effluent quality of the plant must be maintained from the moment the plant comes 61 9
online. Although compensatory methods can be employed to mimic much of what is accomplished with the above scope of work, Cloacina highly recommends not attempting to do so for the following reasons:
• The implementation leverages staff’s understanding of biological design and ability to effectively develop and implement a plan of action.
• Doing so will likely require utilizing additional onsite and support labor resources as well as supplemental chemicals, which in many cases has a return on investment of just several months when compared to the lowflow option. • Doing so will not be accompanied by a process guarantee. • Without the low-flow option, the system’s fullest automated operating parameters cannot be accessed due to low-level lock-outs.

If you the Client or your Client’s Representative elects to not choose the low-flow option, you’re acknowledging the above information and representing that your project will ramp up beyond the 20% ADF flows and/or that you’re willing to take all compensatory measures of operating the plant below the standard 20% ADF turn-down upon yourselves.

5.3 PVC Coating
Cloacina shall provide the following preparation and coating of all exposed (non-submerged, or shaded) PVC:
• Masking of all surfaces to prevent overspray/drips/marks during coating process. • Solvent wipe all PVC surfaces with abrasive scotchbrite or equivalent. • Application of (1) coat of epoxy/primer at an average of 3-4 mils DFT • Application of (1) coat of polyurethane at an average of 3-4 mils DFT

5.4 FOURTH MEMBRANE CHAMBER DEDUCT PRICING
The flows for the Greenfield project are such that equipping all four chambers in each of the four membrane trains is not necessary, since the redundancy will come from the extra train. Therefore, the following equipment will not be installed on one chamber in each of the four trains. The 4th cassette and supporting equipment could be added later as the membrane chamber will remain unpopulated in this arrangement.

Equipment Scope of Supply Qty.

Permeate Equipment Removal of all (4th) cassette permeate piping, pumps, and electrical from scope
1 lot
Sensory Removal of all (4th) cassette sensory equipment 1 lot Membranes Removal of a partially populated (4th) cassette and all appurtenances 1 lot FAS Removal of FAS pumping system, slide rails system (Cloacina KEYHOLE System to remain for future install)
1 lot
Air Scour Removal of (4th) cassette aeration scour equipment, piping and electrical
1 lot

5.5 Ductile Iron Adder
Cloacina will upgrade all on-skid PVC Sch. 80 PVC (>3”) to be Ductile iron pipe with linings and coating as specified in the RFP. Includes the following general areas; • Permeate piping
• IR piping lines (to skid edge)
• FAS piping
62 10
Cloacina may at it’s discretion provide grooved SS piping in lieu of coated ductile iron piping for the same money.

5.6 BABAA Compliance Cost
For the purposes of providing transparency of compliance with BABAA, and to help show the costs for obtaining a waiver, Cloacina has elected to supply the costs to be BABAA compliant as an optional adder.

5.7 Spare Parts Package #2
Cloacina will provide the following spare parts. These parts will ship with the plant, created and labeled with equipment tags.

Equipment Spare Part Qty.

Mixers • Mixer Shelf Spare
• Mechanical Seal kit for HRS23
1 lot
Pumps
• Replacement seal kit and O-rings (1 for ea. Pump style) • (1) motor for each centrifugal pump style (excludes
permeate)
• Replacement lobes and wear plates for permeate pump
style
• Replacement stator, rotor, set joint and seal for sludge pumps
• (1) Blue White A3 Peristaltic Pump
• (6) A3 Replacement peristaltic tubes
• A3 Roller Assembly
• (1) Blue White A4 Peristaltic Pump
• (6) A4 Replacement peristaltic tubes
• A4 Roller Assembly
1 lot
Instrumentation
• ORP Probe
• Memosens cable
• Level transmitter (1 of ea. type)
• Level float (1 of ea. type)
• Mass air flow sensor
• DO sensor
• MLSS sensor
• Turbidity sensory
• Membrane pressure transmitter
• DO sensor cap
• Blower pressure transmitter
• Blower vacuum transmitter
• Flow Meter main electronics
• CM448R Transmitter
1 Lot
Electrical
• (3) Single pole relay and base
• (3) Double pole relay and base
• (3) Interposing relay
• (4) HOA selector and contacts
1 Lot
63 11
• (12) Air conditioning replacement filters
• Universal Power Supply
• 17” touch screen PC HMI
Misc
• (30) OTT Magnum Diffuser 1.2mm 4”
• (2) OTT Magnum Diffuser 2.0mm 3”
• Prime Pump
• Chemical Injection Solenoid 1/4"
• Solenoid valve 3/4”
• Suez Module
• (5) Membrane hardware
• (5) Membrane aeration diffusers
• Air Release Valve
• Membrane safety relief valve
• Gaskets (1 of ea. size)
1 Lot

5.8 Extended Warranties
Cloacina will provide five (5) year warranties to comply with Specification Changes #2 of Addendum #2

5.9 Tier 2 Installation Services
Cloacina Packaged Equipment Installation Scope
The following installation services are included in the Base Bid for the M500/M9(MBR System). The below scope of work is for the Base MBR.

The following is the Tier 2 Installation Services Scope of Work:

1. Coordinated layout with GC
a. Offsite
i. Includes (1) Offsite 8 hr block of time, which includes (4) hours preparation and (2) hours coordination call to review conformed site planset layout with Cloacina drawings and cross checking against all Cloacina General Arrangement Wet/Dry Utilities. Includes (2) hours of follow-up coordination via emails and phone calls
ii. Includes (2) hrs of offsite post-onsite coordination and follow-up from site visit/ b. Onsite
i. Includes (1) 8-hour onsite period to meet with Client GC/Rep to review the final site layout prior to pour.
ii. Includes up to 8 hrs travel time round trip and (1) overnight stay iii. Note: Onsite Site Visit Requires Client Contractor to have installed string lines showing tank edges and anchor point layout to confirm collisions with rebar/utilities prior to Cloacina support services mobilization.

2. Tank Placement
a. Filter Fabric Installation
i. Cloacina to supply and install a 4-oz filter fabric to act as a barrier between slab and SS tank(s). b. Tank Setting
i. Cloacina as a basis of bid will utilize crane services to set all tanks. 64 12
ii. Note: In the event that building(s), awning(s), overhead powerlines, trees, or other onsite conflicts or conditions require using cranes, dollies and/or rollers to place any tanks or equipment, it may result in extra work.

3. Anchors
a. Cloacina will supply and install 5/8 inch, 304SS all-thread based anchors with a Simpson or Hilti based epoxy, at an assumed embedment of 9 inches, with an 8 inch projection above the slab, resulting in a combined total length of 17” per anchor. Cloacina will supply and install (1) washer and 304SS nut, torqued to the requirements of the structural engineer.

4. Re-assembly
a. Cloacina will supply all miscellaneous hardware and installation equipment to re-assemble everything disassembled for shipping from the Cloacina Factory. This includes the following items:
i. Interconnects

1. Re-installation of Cloacina supplied tank interconnects (process/air piping/flow channels, etc), to specifically include;
a. Re-installation of permeate lines, removed for shipping. b. Air lines with all supports and TC connections
c. Underflow 24” RAS flange/spools
d. Low-flow connections
e. Any Cloacina Factory provided potable/recycled wash water line(s) ii. Power/Communication Conduit/Conductors

1. Re-installation of power/sensory interconnects (internal to Cloacina power, post Cloacina MCC Disconnect)
a. Includes re-installation of all flex conduit and fittings and landing of all wiring on terminal connections in junction boxes.
i. This includes both power and communications conduit and conductors to remote equipment skids/tanks.
iii. Sensory Equipment

1. Re-installation of sensory equipment (internal to Cloacina sensory) a. Includes sensory probe wash lines/connections
b. Includes re-wiring into tank mount terminal junction boxes as necessary iv. Flow Channels

1. Re-installation of flow channels, gaskets, installation of Sika1A or equivalent caulking.

Torquing of all flange hardware to Cloacina specs.

2. Re-installation of braces, catwalks, stairs, grating.

3. Note: Standard Caulking is Sika1A. In the event an expedited immersion service is necessary another caulking must be used, which may result in a surcharge. v. Catwalks/Grating

1. Cloacina will re-install and final torque the following for the catwalk systems; a. All catwalk knee braces
b. All catwalk horizontal supports
c. All catwalk bridges
d. Aluminum grating, with SS fasteners
e. All Stairsets/ships ladders

5. Equipment Installation/Final Placement
a. Cloacina to provide the following final setting of equipment prior to start-up. i. Final setting of adjustable feet/mounts for;

1. Blowers

2. Pumps
65 13

3. Stairsets
ii. Final torquing of all flanges, unions, TC connections prior to SAT filling with clean water iii. Final torque verification/check on all OTT diffusers. iv. Re-installation of FAS Pumps in FAS chamber.
v. Re-installation of mixers removed for shipping
vi. Re-installation of Screen Chute and bagger system

6. Cleaning
a. Cloacina will provide broom and shop vacuum cleaning services for the final cleaning of tank internals. b. Note: If cleaning requires removing large quantities of water that cannot be pumped out effectively onto the ground, the Client must pay for vacuum truck services.

7. Membrane Installation
a. Cloacina will re-assemble any removed/uninstalled membranes shipped loose to the site. Includes all cassette connections, air lines and permeate re-assembly and leak testing.

8. Site Acceptance Testing (SAT)
a. Cloacina will provide the following SAT services:
i. Field leak verification of final interconnects,
ii. Chlorination/bromination of water during testing period. Limited to using floating tablet dispensers.
iii. Hydraulic/Mechanical/Electrical/Pneumatic Equipment specialist to be onsite for testing with Cloacina start-up technician to troubleshoot any installation issues.

1. Technician to remain onsite for five days of the SAT iv. Execution of Cloacina pre-commissioning checklist (required prior to Field Tech scheduling and dispatch)
v. Note: The above does not apply to any piping/valves prior to or after the Cloacina provided equipment. Client to make any repairs to piping/valves which leak during SAT process.

9. Electrical
a. Re-torquing of all electrical connections in MCC prior to energizing. b. Re-assembly of disassembled whips, conductors removed from inter-tank connections c. Rotation checks for all equipment
d. Remain onsite for five days of the 30 day test period.

10. Chemicals
a. Provide final connection of all chemical discharge lines. Provide pressure test against check valve(s) and isolation valves
b. Installation of chemical suction lines. Installation of foot valves if applicable. i. Note: Assumes Drum/Totes are within 40’ of chemical pump location. Does not include secondary containment conduit/pathways.

Clarifications:

1. The above is for the Cloacina provided equipment only. No other project equipment outside of the Cloacina scope of supply is considered as part of this scope

2. Does not include SCADA integration of non-Cloacina provided equipment

3. No structural modifications will be made or provided as a result of drilling through any rebar. If rebar is encountered, then rebar drilling will be performed on T&M.

4. Assumes a yard hydrant, ¾” and 1.5” hose (hose by Client) is available within 100’ and water is available at no costs to Cloacina

5. No sampling to be taken/provided as part of the installation

6. If SAT is being performed using clean water, it is assumed that the Client has access to a yard hydrant onsite, capable of filling at 100 GPM, allowing filling to occur in 1 days’ time. 66 14

7. All work to be performed in accordance with the current Cloacina installation manual for the MSeries system.

Installation Exclusions:

1. Wet/Dry Utility Connections outside of Cloacina Factory Provided Internal connections (below grade to skid wet/dry connections)

2. Permitting/Permitting costs

3. Sampling

4. Cloacina will not be signatory to any unions

5. Liquidated Damages

6. By-passing/Dewatering of any kind

7. Transferring of seed sludge from Pond(s)

8. GC to provide power/water at no costs during installation

9. No T22 report assistance is assumed.

10. Sampling/Lab costs

11. Site specific work/safety plans

12. No installation/integration of any equipment not mentioned specifically/explicitly above.

13. Any modifications to interconnects because of field required changes to Cloacina Factory layout.

14. Freeze protection

15. Site security during course of work

5.10 Centralized CIP Chemical System Supply Conformed Scope Cloacina will provide the following scope of supply to support a centralized chemical delivery system. Note the following is the total scope of supply regardless of the M9’s purchased; Equipment Scope of Supply Qty.

Duplex Citric Pump
Skid
Supply of (1) Duplex Skid (X2 Pumps, manifolds, valves, etc) to provide CIP Dosing for all trains from single skid.
1 Lot
Duplex Chlorine
Pump Skid
Supply of (1) Duplex Skid (X2 Pumps, manifolds, valves, etc) to provide CIP Dosing for all trains from single skid.
1 Lot
Duplex Alkalinity
Supplemental
Supply of (1) Duplex Skid (X2 Pumps, manifolds, valves, etc) to provide CIP Dosing for all trains from single skid.
1 Lot
Duplex Alum
Supplemental
Supply of (1) Duplex Skid (X2 Pumps, manifolds, valves, etc) to provide CIP Dosing for all trains from single skid.
1 Lot
Duplex anti-foam
Supplemental
Supply of (1) Duplex Skid (X2 Pumps, manifolds, valves, etc) to provide CIP Dosing for all trains from single skid.
1 Lot
Injection Solenoids Programming of solenoids supplied at each M9 to allow for interlocks between all membrane trains
1 Lot
Pumps above to be supplied with the following scope of work Equipment Scope of Supply Qty.

Secondary
Platform/Skid
Blue-White Industries Double Inlet/outlet Pump Skid System; • Pump Capacity: 100 GPH
• Pump Pressure: 50 PSI.
• Power Requirements: 120 Vac, 60 Hz, Single Phase.
• Tube Material: Dictated by Chemical/Compatibility
• Tube Failure Detector: Standard.
• Skid Material: Chemical Resistant Polyethylene with
Containment.
• Piping Materials:
1 per
Chemical
noted
above
67 15
• Inlet Pipe Size: ½ -Inch Sch 80 PVC with vented Tru-Union Ball Valves.
• Discharge Pipe Size: ½-Inch Sch. 80 PVC with vented TruUnion Ball Valves. • Calibration Column: Included
• Pressure Relief Valve: ½-Inch PVC/PTFE.
• Pressure Gauge: 0 – 100 PSI 316SS Gauge with PVC/PTFE Isolator.
• Termination Panel: Pre-wired with 10-foot Cable length shipped detached.
• Power Receptacle: 20 Amp Weatherproof Receptacle.
• Testing: Perform Pressure and Fluid Testing with pump installed.

Chem Pumps M-Series Pump line (sized for flows- M2-M4) 2 Each Skid

5.11 Pared Down Isolation Channel/Gates
Cloacina will provide the following scope of supply to allow for each side of each train to be isolated more easily for maintenance and operational flexibility.

RAS UNDERFLOW VALVES SCOPE
Equipment Scope of Supply Qty.

Valves Flanged butterfly valve with gear operator (where necessary), complete with bolt and gasket set for field install. Epoxy Coated. 4 Grating Access Point Crossmember, supports and round access point to allow for vertical access to gate valve actuator nut from the catwalk
4 Valve Key Valve key for operating gate valve actuator 4 Stainless Steel Channel Slide Gates with Operators
Equipment Scope of Supply Qty.

Channel Gates 304 Stainless Steel channel gate with clear plastic stem cover. 2 Accessories Aluminum Handwheel, UHMW seal and slides, SS hardware for flange installation and EPDM gaskets
1 Lot
The above will be installed in these locations:
68 16

OPTIONAL ITEMS NOT IN THE CONTRACT

6.1 Duplex Fine Screen Platform
Cloacina will provide the following as a pre-engineered, pre-fabricated scope of work for the fine screening platform:

Equipment Scope of Supply Qty.

Control Panel Duplex fine screen control panel, to match build specs to match Cloacina MCC
1 Fine Screens Or-tec OSC7T, complete with integral washing, compacting system, with steps and platform to access compaction zone
2 Platform Stainless steel platform with aluminum decking, with stairset 1 Splitter Structure Dual inlet, quad outlet splitter structure with (4) adjustable weirs for balancing of flows
1 Upfit Electrical, mechanical, plumbing installation and Factory Acceptance Testing of system at Cloacina Factory.
1 lot
*Pricing is FOB Jobsite

6.2 Aluminum Slide Gates with Operators
Cloacina can provide an end channel slide gate (F-Frame) with operator to allow for handwheel operation of the slide gates, ensuring a positive seal. Plate, frame and hand-wheel Fabricated of 6061 Aluminum, with 304SS threaded shaft and hardware and clear plastic stem cover. Slide gate provided with UHMW seal and UHMW slides. Qty-8

6.3 Stainless Steel Slide Gates with Operators
Cloacina can provide an end channel slide gate with operator to allow for handwheel operation of the slide gates, ensuring a positive seal. Plate, frame, threaded shaft and hardware all provided in 304SS with clear plastic stem cover. Handwheel standard in aluminum. Slide gate provided with UHMW seal and UHMW slides. Qty-8
69 17

6.4 RAS Underflow Isolation Butterfly Valves
To allow for complete isolation of process chambers during future maintenance tasks, Cloacina can provide isolation butterfly valves for each connection between pre-anoxic and anoxic chambers. The following is provided as part of this optional line item:

Equipment Scope of Supply Qty.

Valves Flanged butterfly valve with gear operator (where necessary), complete with bolt and gasket set for field install. Epoxy Coated. 4 Grating Access Point Crossmember, supports and round access point to allow for vertical access to gate valve actuator nut from the catwalk
4 Valve Key Valve key for operating gate valve actuator 4

6.5 RAS Underflow Isolation Gate Valves
To allow for complete isolation of process chambers during future maintenance tasks, Cloacina can provide isolation gate valves for each connection between pre-anoxic and anoxic chambers. The following is provided as part of this optional line item:

Equipment Scope of Supply Qty.

Valves Flanged gate valve with gear operator (where necessary), complete with bolt and gasket set for field install. Epoxy Coated. 4 Grating Access Point Crossmember, supports and round access point to allow for vertical access to gate valve actuator nut from the catwalk
4 Valve Key Valve key for operating gate valve actuator 4 70 18
Pricing Summary
See pricing breakdown for entire project.

Note: The pricing is subject to the Addendum, Equipment Warranty and Process Guarantee – Rev. Date 1/25/24 being accepted in their entirety, where conflicts don’t exist with the specifications.

Standard Assumptions

8.1 Influent Water Quality
The system will be designed to receive only wastewater with a water quality as defined in the RFP and Section 2, above.

8.2 Effluent Disposal
Effluent will flow by gravity from Clear Well(s)

8.3 Installation Location
The package will be installed outdoors on an engineered concrete slab. The site will have enough access to allow the delivery of the individual treatment tanks fully assembled.

8.4 Classification
Cloacina has designed the system to be installed such that the entire system is “unclassified” for NFPA purposes, except the internal equipment supplied in the Anoxic Tank. In the event an engineer, agency, inspector or 3rd party deems any unit process or equipment classified, the Client is responsible for the costs to comply with that re-classification.
71 19
Exclusions

9.1 Equalization
Any diurnal flows shall be attenuated are by others.

9.2 Permitting
Permit costs of any kind are not included as part of this budgetary estimate

9.3 Thermal Protection

9.4 Thermal protection of hydraulic piping is not included in this budgetary estimate.

Safety and security items such as fencing, locking ladders, lighting etc. are not included in this budgetary estimate.

9.5 Dissolved Solids (TDS)
The unit will not address dissolved solids through biological treatment. Dissolved Solids should be managed through source control.

9.6 Initial Seed Sludge
Adequate and acceptable seed sludge is the responsibility of the Client. Cloacina will, during the precommissioning phase provide the calculated minimum volume of sludge at a stated concentration for optimal start-up results.

9.7 Disinfection
Disinfection is not included in the base pricing
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SECTION 00500

PROCUREMENT AGREEMENT
THIS PROCUREMENT AGREEMENT hereafter referred to as an “Agreement” is between the City of Greenfield, hereafter referred to as the City (as “Buyer”) and ___________________________________________________ hereafter referred to as the Vendor (as OEM), in consideration of the mutual covenants set forth herein, agree as follows:

ARTICLE 1 - GOODS AND SPECIAL SERVICES

1.01 Vendor shall furnish the Goods and Special Services as specified or indicated in the Contract Documents.

ARTICLE 2 - THE PROJECT

2.01 The Project for which the Goods and Special Services are to be provided under the Contract Documents may be the whole or only a part is generally described as follows: The work to be performed under these specifications and drawings consists of designing, furnishing, delivering, and providing start-up services for a Packaged Membrane Bioreactor Wastewater Treatment System for a domestic wastewater treatment plant. The Facility shall include the following major components: above grade stainless steel tanks, elevated access platforms, MBR treatment system with biological nutrient removal systems, aeration systems with blowers and air diffusers; permeate pump systems; recirculation systems; CIP system with pumping skids, WAS pump systems, instrumentation; and main MBR control panels; process valving, piping, blowers, and pumps as required; SCADA integration support, and all electrical and instrumentation equipment for the skid-mounted system as required to treat the influent wastewater to the MBR effluent quality limitations included in these solicitation documents.

2.02 The City shall execute the Agreement and administer the Contract for the Special Engineering Services associated with the preparation of Shop Drawings and other Submittals required for the Project.

2.03 The City is not obligated under this Agreement beyond Special Engineering Services until it issues a “Notice to Commence Fabrication.” to the Vendor.

2.04 The City will assign the production, delivery, and commissioning of the Goods and all associated Special Services to a General Contractor.

2.05 The Vendor shall deliver the required Bonds and insurance certificates in accordance with Article 4 of the General Conditions.

A. At the time requested by the City, a Performance Bond shall be provided for the Special Engineering Services for the indicated amount.

B. Another Performance Bond and the Payment Bond, if requested by the City, shall be provided upon issuance of the “Notice to Commence Fabrication”. 73 City of Greenfield WWTP Upgrade Project – MBR Procurement August 2023 Procurement Agreement
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ARTICLE 3 - ENGINEER

3.01 The Contract Documents were prepared by the City in association with HydroScience Engineers, Inc., 741 Allston Way, Berkeley, CA 94710, hereinafter called “Engineer” and who is to assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents.

ARTICLE 4 - POINT OF DESTINATION

4.01 The place where the Goods are to be delivered to the Point of Destination, as defined in the Procurement General Conditions (hereafter referred as “General Conditions’) ARTICLE 5 - CONTRACT TIMES

5.01 Time of the Essence
A. All time limits for Milestones, if any, the delivery of Goods and the furnishing of Special Services as stated in the Contract Documents are of the essence of the Contract.

5.02 Days to Achieve Submittal of Phase 1 Submittals
A. The general construction bidding document is due August 31, 2024. Schedule for completion of advanced technical information submittal, completion of draft shop drawings, review, resubmittal of, and approval of advanced technical information submittal, and shop drawings shall be coordinated with the City and Engineer. Any delay due to the Vendor’s failure to meet this schedule is subject to Liquidated Damages as described in Section

5.05. 5.03 Days to Achieve Delivery of Goods
A. The Goods are to be complete and ready for the City’s receipt of delivery at the point of Destination in accordance with the fabrication and delivery schedule provided as part of Section 3 of the Vendor’s Proposal:
a. The Vendor shall not commence the manufacture of any Goods until the Shop Drawings have been approved and the Contractor has issued a “Notice to Commence Fabrication”.

5.04 Project Milestones for Phase 1 (Design) Technical Support Services and Vendor's Warrantee and Guarantee.

A. The furnishing of Phase 1 (Design) Technical Support Services to the City will commence upon the execution of the Agreement between the City and the Vendor. The Vendor shall deliver all Phase 1 (Design) Technical Support Services required by the Contract Documents based upon the following milestones.

1. Phase 1 (Design) Technical Support Services
a. Upon execution of the Agreement, the Vendor will begin to provide Phase 1 (Design) Technical Support Services required for Advanced Technical Information and Shop Drawings Submittals.
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2. Phase 2 (Construction) Technical Support Services
a. Prior to the Notice of Commence Fabrication, the Vendor must have materials on hand to begin fabrication. The City, or City representative, shall be allowed to visit the factory to verify materials on hand, and/or the Vendor shall provide evidence to confirm.
b. Upon the issue of a Notice to Commence Fabrication and executed agreement between the Vendor and the Contractor, the Vendor will begin to fabricate equipment.
c. Special Services associated with the Installation of the Goods, shall commence with the delivery of the goods and shall be completed when the “Notice of Substantial Completion” is issued by the Engineer.
d. Performance Testing and Demonstration period shall commence after the “Notice of Completed Installation” is issued and associated work has been completed.

Upon completion of commissioning, a “Notice of Substantial Completion” will be issued by the Engineer.
e. Operator Training shall commence after the “Notice of Completed Installation.” Upon completion of Operator Training, a “Notice of Training Completion” will be issued by the Engineer.
f. Acceptance Testing of Membrane Equipment, acceptance testing shall not commence until after the prerequisite “Notice of Training Completion” is issued.

Upon completion of Acceptance Testing, the “Notice of Substantial Completion” will be issued by the Engineer.
g. Operations Assistance, operations assistance shall be provided in accordance with the requirements of that Section. The Correction Period shall commence on the date when the “Notice of Substantial Completion” is issued.

B. For the purposes of Vendor ’s warranty and guarantee, the following Project milestones are as follows:

1. Packaged MBR and Warranty, the Membrane Warranty Period shall commence on the date when the Acceptance Testing first begins.

2. The Correction Period shall commence on the date of the “Notice of Substantial Completion” is issued.

5.05 Liquidated Damages
A. The City and the Vendor recognize that time is of the essence of this Agreement and that the City will suffer damages if the Phase 1 (Design) Technical Support Services are not provided to the City within the times specified in Paragraph 5.02 above. They also recognize that the timely performance of services by other parties involved in the City’s Project are materially dependent upon the Vendor ’s specific compliance with the requirements of Paragraph 5.02 plus any extensions thereof allowed in accordance with Article 7 of the General Conditions. Further, they recognize the delays, expense, and 75 City of Greenfield WWTP Upgrade Project – MBR Procurement August 2023 Procurement Agreement
495-001-100 00500-4
difficulties involved in proving the actual losses or damages suffered by the City if complete acceptable submittals are not delivered on time. Accordingly, and instead of requiring proof of such losses or damages, the City and the Vendor agree that as liquidated damages for delay (but not as a penalty), the Vendor shall pay the City payment $500.00 for each day that expires after the times or dates specified in Paragraph 5.02 for deliveries of acceptable submittals. By execution of this Agreement, the City and the Vendor expressly agree that these liquidated damage amounts are reasonable under the circumstances existing at the time this Agreement is executed.

B. The City will also require liquidation damages that will be assessed to the Contractor during Phase 2 of the project. An agreement between the Vendor and Contractor will be provided during Phase 2.

C. The City may deduct the amount of liquidated damages from monies due the Vendor under this Agreement.

D. The liquidated damages set forth in this Section 5.05 shall constitute the City’s sole remedy for delays by the Vendor in achieving any of the milestone delivery dates with respect to delivery of Special Engineering Services, Goods or Special Services.

E. Liquidated damages shall be assessed per day of delay and in the event that there are multiple items where the Contract Times has been exceeded Liquidated Damages shall not be combined.

ARTICLE 6 - CONTRACT PRICE

6.01 The City shall pay Vendor for furnishing the Goods and Special Services in accordance with the Contract Documents in funds as follows:

A. The prices stated in Vendor’s Bid, attached hereto as an exhibit.

B. Vendor shall pay all applicable taxes and duties.

C. The Contract Price for Packaged MBR System shall remain valid until April 1, 2025. If the “Notice to Commence Fabrication” is issued after April 1, 2025, the Contract Price will be adjusted through Change Order by the ratio of the Consumer Price Index (CPI) of the CPI of month that the “Notice to Commence Fabrication” is issued to the CPI of the month of April 1, 2025.

D. This Change Order mechanism is provided in the event that there is an unforeseen delay during construction. The above provision is provided as the sole compensation to the Vendor for the delay in the delivery of the Packaged MBR System and applicable Special Services described in Paragraph 5.03.A of the Agreement.

E. An expenditure which is not authorized by this Agreement or which cannot be adequately documented shall be disallowed and must be reimbursed to the City by the Vendor.

Absent fraud or mistake on the part of the City, the determination by the City of the allowability of any expenditure shall be final.

F. With the approval of City, Vendor may use and bill for additional personnel not specifically named in this Agreement, except such use shall not exceed the amount of compensation 76 City of Greenfield WWTP Upgrade Project – MBR Procurement August 2023 Procurement Agreement
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named herein without the express written consent of City in accordance with the requirements of this Agreement.

ARTICLE 7 - PAYMENT PROCEDURES

7.01 Submittal and Processing of Payments.

A. The Vendor shall submit Applications for Payment in accordance with Article 10 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. Applications for Payment during Phase 2 shall be submitted to the Contractor.

7.02 Progress Payments.

A. The City shall make progress payments on account of the Contract Price on the basis of Vendor ’s Applications for Payment as follows:

1. Progress Payments for Special Engineering Services (Phase 1):
a. The City shall pay fifty percent (50%) of the bid amount for Item No. 1.1 Phase 1 (Design) Technical Support Services provided as part Paragraph 10.01.A.1.a.1 of the General Conditions, to the Vendor upon the City’s approval of the first Application for Payment for Special Engineering Services, submitted in accordance with Paragraph 10.01.A.1 of the General Conditions, and accompanied by the Engineer’s recommendation for payment in accordance with Paragraph 10.02.A of the General Conditions less such amounts as Engineer may determine in accordance with Paragraph 10.02.A.3 of the General Conditions. b. The City shall pay the remaining balance of the bid amount for Item No. 1.1 Phase 1 (Design) Technical Support Services to the Vendor upon the City’s approval of the Application for Payment for Phase 1 (Design) Technical Support Services, submitted, and accompanied by the Engineer’s recommendation for payment in accordance with Article 10 of the Procurement General Conditions.

2. Progress Payments for Packaged MBR System (Phase 2). a. The City shall make progress payments on the Total Contract Price for Goods and Special Services in accordance with Article 10 of the General Conditions and based upon the following not to exceed schedule:
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Payment Contract Milestone(s) Percent of Total
Contract Price
First Application Receipt of Executed
Contract with the
General Contractor
25 percent
Second Application Notice to Commence
Fabrication
50 percent
Third Application Following FAT approval
and prior to delivery of
Packaged MBR System
85 percent
Fourth Application Notice of Completed
Installation
95 percent
Fifth Application Delivery of Final O&M
Manuals and Notice of
Substantial Completion
100 percent
b. The Packaged MBR System may be supplied in up to four phases according to the project delivery schedule to be determined during detailed design. Progress payments shall be divided according to the progress of each phase based upon the schedule above.
c. Above percentages do not include retention. See Section 7.03 Partial Payments. d. The City shall pay the above percentages (minus retention) of the Total Contract Price provided as part Paragraph 10.01.A.2. of the General Conditions to the Vendor upon the City’s approval of the Application for Payment, submitted in accordance with Paragraph 10.01.A.1 of the General Conditions, and accompanied by the Engineer’s recommendation for payment in accordance with Paragraph

10.02.A of the General Conditions less such amounts as Engineer may determine in accordance with Paragraph 10.02.A.3 of the General Conditions. e. The Total Contract Price is the Total Contract Price as indicated in the Bid Pricing Form as adjusted through change order less liquidated damages assessed as part of the Contract.
f. Application for payment during Phase 2 will be processed by the Contactor.

7.03 Partial Payments:
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A. The City shall retain 5 percent of such estimated value of the work done as retention.

However, at any time after 95 percent of the work has been completed, the Department, at its discretion, may reduce the total amount being retained from payment pursuant to the above requirements to not less than 125 percent of the estimated value of said work yet to be completed if the Engineer finds that satisfactory progress is being made, upon written request from the Contractor, and if the reduction has been approved in writing by the surety on the performance bond and the surety on the payment bond.

B. Vendor may elect to receive 100 percent of payments due under the contract without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City.

C. Retention is released 35 calendar days after Council acceptance of the project.

7.04 Final Payment
A. Upon the City’s approval of the final Application for Payment, accompanied by the Engineer’s recommendation for payment in accordance with Paragraph 10.06 of the General Conditions, the City shall make the final payment to bring the total payment to 100 percent of the Contract Price as adjusted for changes to the Contract Price or less any prior payments to the Vendor. This payment, at the Engineer’s recommendation, may be less such amounts, as Engineer shall determine in accordance with in accordance with the Agreement or any applicable provisions of the General Conditions.

B. The Final Payment shall be accompanied by a “Notice of Contract Completion” executed by both parties and City Council acceptance of project.

C. Application for payment during Phase 2 will be processed by the Contactor.

ARTICLE 8 - NOT USED
ARTICLE 9 - VENDOR ’S REPRESENTATIONS

9.01 In order to induce the City to enter into this Agreement, Vendor makes the following representations:

A. Vendor has examined and carefully studied the Contract Documents and the Bid Documents.

B. Vendor has been provided the opportunity to visit 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.

C. Vendor is familiar with and is satisfied as to all local federal, state and local Laws and Regulations that may affect cost, progress and the furnishing of the Goods and Special Services.

D. Vendor has carefully studied and correlated the information known to Vendor, and information and observations obtained from Vendor’s visits, if any, to the Point of Destination, with the Contract Documents.
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E. Vendor has given Engineer written notice of all conflicts, errors, omissions, ambiguities, or discrepancies that Vendor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Vendor.

F. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for furnishing Goods and Special Services.

ARTICLE 10 - CONTRACT DOCUMENTS

10.01 Contents
A. The Contract Documents consist of the following:

1. Part A – Bidding Requirements, Contract Forms, and Contract Conditions;

2. Part B – Technical Specifications;

3. Part C:
a. Appendix A: Exhibits
1) Exhibit A – Title Sheet, Vicinity Map and Location Map 2) Exhibit B – Process Flow Diagram
3) Exhibit C – Hydraulic Profile
4) Exhibit B – Civil Site Plan
b. Appendix B: GENERAL WASTE DISCHARGE REQUIREMENTS ORDER NO. R3- 2020-0020

4. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:
a. Notice(s) to Commence Fabrication
b. Notice(s) of Completed Installation
c. Notice(s) of Completed Commissioning
d. Notice(s) of Training Completion
e. Notice(s) of Substantial Completion
f. Final Acceptance(s)
g. Written Amendment(s)
h. Change Order(s)
i. Field Order(s)
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j. Engineer’s Written Interpretation(s)
B. The documents listed in paragraph 10.01.A are attached to the Agreement (except as expressly noted otherwise above)
C. There are no Contract Documents other than those listed above in this Article 10.

D. The Contract Documents may only be amended, or supplemented as provided in Paragraph 3.04 of the General Conditions.

E. In resolving inconsistencies or ambiguities between two or more components of the Contract Documents, the highest precedence shall be given to the Agreement and the order of precedence shall decrease in the following manner:

1. Agreement

2. Addenda

3. General Conditions

4. Technical Specifications

5. Supplemental Documentation

6. Performance Bond

7. Payment Bond

8. Certificates of Insurance

9. Final Acceptance(s)

10. Change Order(s)

11. Engineer’s Written Interpretation(s)

12. Field Order(s)

13. Notice(s) of Substantial Completion

14. Notice(s) of Training Completion

15. Notice(s) of Completed Commissioning

16. Notice(s) of Completed Installation

17. Notice(s) to Commence Fabrication

18. Project Process & Instrumentation Drawings shall be used to identify a. the physical limits of the scope of supply
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b. and quantity of the goods
c. the line sizing for the equipment at its termination to be provided

19. Project Specifications shall be used to govern the quality of the goods.

20. Project Drawings shall be used to identify the intended location of facilities.

21. Submittals provided by the Vendor in fulfillment of the Contract.

F. In the event of a conflict between a schedule or a schedule update and a specific requirement of these Contract Documents, the Contract Documents shall, at all times, have precedence. Submittal or acceptance of a schedule or schedule update shall not supersede the requirements of the Contract Documents.

ARTICLE 11 - MISCELLANEOUS

11.01 Assignment
A. The City will assign the Contract for furnishing Goods and Special Services hereunder and Vendor shall consent to such assignment. Forms documenting the assignment of the Contract, and consent of Vendor’s surety to the assignment are attached as exhibits to this Agreement.

1. The Contract will be executed in the name of the City initially, but will be assigned to a construction contractor, hereafter referred to as “Contractor,” designated by the City.

The assignment of Packaged Membrane Bioreactor Treatment System for the City of Greenfield WWTP Contract will occur on the effective date of the Agreement between the City and the Contractor. As of the date of acceptance of assignment by the Contractor, all references in the Contract Documents to the City shall mean the designated Contractor whose responsibilities will include the installation or erection or incorporation of the Goods.

2. The assignment of the Contract shall relieve the City from all further obligations and liabilities under the Contract that shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. After assignment, Vendor shall become a subcontractor or supplier to the assignee and, except as noted herein, all rights, duties, and obligations of the City under the Contract shall become the rights, duties and obligations of the assignee.

3. After assignment:
1) All performances, warranties and guarantees required by the Contract Documents will continue to run for the benefit of the City and, in addition, for the benefit of the assignee.
2) Vendor shall submit Applications for Payment to the Contractor who shall forward the Application for Payment to the Engineer.
3) City will provide payment directly to the Vendor .
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4) Except as provided in this Paragraph 11.02.A.3.b, all rights, duties and obligations of Engineer to assignee and Vendor under this Contract will cease. 5) Engineer will review Vendor’s Applications for Payment and make recommendations to assignee for payments as provided in Paragraphs 10.02 and 10.06 of the General Conditions.
6) Upon the written request of either the assignee or Vendor, Engineer will issue with reasonable promptness such clarifications or interpretations of the Contract Documents, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. Such written clarifications and interpretations will be final and binding on assignee and Vendor unless:
a) an appeal from Engineer’s clarification or interpretation is made within the time limits and in accordance with the dispute resolution procedures set forth in Article 13 of the General Conditions; or
b) if no such dispute resolution procedures have been set forth, a written notice of intention to appeal is delivered by assignee or Vendor to the other within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision (unless otherwise agreed to in writing by assignee and Vendor), to exercise such rights or remedies as the appealing party may have with respect to such clarification or interpretation in accordance with applicable Laws and Regulations.
7) When rendering a clarification or interpretation under Paragraph 11.02.A.3.b.2, Engineer will not show partiality to assignee or Vendor and will not be liable in connection with any clarification or interpretation rendered in good faith.

4. No other assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound. Specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law). Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

11.02 Successors and Assigns
A. The City and Vendor 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
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall 83 City of Greenfield WWTP Upgrade Project – MBR Procurement August 2023 Procurement Agreement
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continue to be valid and binding upon the City and Vendor. 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.

11.04 Cancellation
A. The City reserves the right to cancel the Project prior to issuing a Notice to Proceed.

Vendor shall note that by execution of this Agreement, the City does not guarantee that a Phase 2 Notice to Proceed will be executed, and retains the sole right to terminate the Contract Documents for convenience at any time, in accordance with Article 11 of the General Conditions.

11.05 Venue
A. The laws of the State of California shall govern the formation, interpretation, and performance of this Agreement. Venue for mediation and/or actions arising out of this Agreement shall be in Monterey County, California.

11.06 Entire Agreement
A. This Agreement that includes the Contract Documents contains the entire agreement, between the parties and supersedes all prior negotiations, discussions, obligations, and rights of the parties regarding the subject matter of this Agreement. There is no other written or oral understanding between the parties. No modification, amendment or alteration of this Agreement shall be valid unless it is in writing and signed by the parties hereto.

11.07 Counterparts
A. This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all parties had executed the same page.

11.08 Authority to Execute Agreement:

A. Each person signing on behalf of a corporation, partnership, joint venture or governmental entity hereby declares that he or she, or it has the authority to sign on behalf of his or her or its respective corporation, partnership, joint venture, entity and agrees to hold the other party or parties hereto harmless if he or she or it does not have such authority.

11.09 Vendor’s Total Limitation of Liability
A. Notwithstanding any other provisions of the Contract Documents, Vendor’s liability arising at any time under any of the Contract Documents or otherwise in connection with completing the Contract (whether arising under breach of contract, tort, strict liability, or any other theory of law) shall be limited to the Contract Price.

B. The liability of Vendor to City for all Claims arising under the Agreement, whether arising in contract, tort (including negligence), strict liability or otherwise, shall be limited, including Vendor’s liability for Liquidated Damages, out-of-pocket legal costs, costs awarded and interest charges associated with a Claim, to the Contract Price. The limit of liability, as the 84 City of Greenfield WWTP Upgrade Project – MBR Procurement August 2023 Procurement Agreement
495-001-100 00500-13
case may be, shall not apply to City Claims for loss or damage caused by Vendor’s gross negligence, willful misconduct, fraud or liability to a Third Party.

C. Vendor shall not be liable to the City for Consequential Loss incurred by the City in connection with or arising out of the performance of the Work or the Agreement whether such liability is based or claimed to be based upon contract, tort, including negligence, strict liability, or other act or omission on the part of the Vendor, causing the damage or loss to the City.

D. For the purpose of this Contract, Consequential Loss shall mean loss of product or production, loss of revenue, loss of profits, loss of use, loss of business, loss of opportunity, increased expense of operation (including overhead), interest, liquidated damages, exemplary or punitive damages, or indirect loss or consequential loss of any other kind arising out of or in connection with the Agreement. The limitation on Vendor’s liability for Consequential Loss shall not apply where the City’s Consequential Loss is caused by Vendor’s gross negligence, willful misconduct, fraud or liability to a Third Party. 85 City of Greenfield WWTP Upgrade Project – MBR Procurement August 2023 Procurement Agreement
495-001-100 00500-14
IN WITNESS WHEREOF, the City and Vendor have signed this Agreement in duplicate.

One counterpart each has been delivered to the City and Vendor. All portions of the Contract Documents have been signed or identified by the City and Vendor or on their behalf.

This Procurement Agreement will be effective on _______________________________.

City: _______________________
Vendor: ________________________
By: __________________________
By: ___________________________
Title: _________________________
Title: _________________________
[Corporate Seal] [Corporate Seal]
Attest: ________________________
Attest: _________________________
Address for giving notice:

Address for giving notice:
________________________________
_______________________________
86 City of Greenfield WWTP Upgrade Project – MBR Procurement August 2023 Procurement Agreement
495-001-100 00500-15
________________________________
_______________________________
________________________________
_______________________________
________________________________
_______________________________
Attach evidence of City’s authority to sign and resolution or other documents authorizing execution of the City-Vendor Agreement.
(Attach evidence of Vendor’s authority to sign if Vendor is a corporation or a partnership,) Vendor’s Designated Representative:

City’s Designated Representative:

Name: __________________________
Name: ___________________________
Title: ___________________________
Title: ____________________________
Address: _________________________ Address: __________________________

Phone: __________________________ Phone:____________________________ Facsimile:________________________ Facsimile:__________________________ 87 City of Greenfield WWTP Upgrade Project – MBR Procurement August 2023 Procurement Agreement
495-001-100 00500-16
EXHIBIT A-1: ASSIGNMENT OF CONTRACT; CONSENT TO ASSIGNMENT; AND ACCEPTANCE

OF ASSIGNMENT
This assignment will be effective on the Effective Date of the Agreement between the City and construction contractor “Contractor”. The Contract between the City of Greenfield, CA (City as “Buyer”) and ________________________________________________ ________________ ______ (Vendor as “OEM”) for furnishing Goods and Special Services under the Contract Documents entitled Packaged Membrane Bioreactor Treatment System Equipment Procurement contract is hereby assigned, transferred, and set over to ___________________________________________________ (“Contractor”). Contractor shall be totally responsible for the performance of Vendor and for the duties, rights and obligations of the City, not otherwise retained by the City, under the terms of the Contract between the City and Vendor.

ASSIGNMENT DIRECTED BY: City of Greenfield
ATTEST: CITY
_________________________________ _______________________________ _________________________________ _______________________________ (Title) (Title)

ASSIGNMENT CONSENT BY
ATTEST: VENDOR
_________________________________ _______________________________ _________________________________ _______________________________ (Title) (Title)
(Seal if by a Corporation)

ASSIGNMENT ACKNOWLEDGED AND ACCEPTED BY
88 City of Greenfield WWTP Upgrade Project – MBR Procurement August 2023 Procurement Agreement
495-001-100 00500-17
ATTEST: CONTRACTOR
_________________________________ _______________________________ _________________________________ _______________________________ (Title) (Title)
(Seal if by a Corporation)
CONSENT TO ASSIGNMENT BY VENDOR’S SURETY
Surety hereby acknowledges and agrees that the Contract for furnishing Goods and Special Services under the Contract Documents entitled Packaged Membrane Bioreactor Treatment System Procurement Contract by and between the City of Greenfield, CA (“City”) and___________________________________________________________________________ (“Vendor”) may be assigned to ______________________________________ (“Contractor”), in accordance with Paragraph 11.02 of Agreement between the City and Vendor.

Surety further agrees that, upon assignment of the Contract, the Contractor shall have all the rights of the City under the Performance Bond.
(Corporate Seal)
Surety
Company: ________________________
By: ________________________
(Signature)
________________________________
(Title)
(Attach Power of Attorney)
**END OF SECTION**
89 City of Greenfield WWTP Upgrade Project – MBR Procurement August 2023 Procurement Agreement
495-001-100 00500-18
(Page Intentionally Left Black)
90 Last revised 12.28.23 Copyright 2023 Cloacina, LLC- All Rights Reserved

ADDENDUM: CLOACINA STANDARD TERMS AND CONDITIONS,

EQUIPMENT WARRANTY AND PROCESS GUARANTEE
REV. DATE: 2/1/24
This Addendum is attached and incorporated into the MBR Procurement Agreement 0500 (“Agreement”) between Cloacina, LLC (“Cloacina”) and The City of Greenfield (“Client”) on the City of Greenfield WWTP Upgrade Project (“Project”).

1. CONFIDENTIALITY

1.1. PUBLIC RECORDS
Cloacina acknowledges and agrees that any information that the California Public Records Act (“PRA”; California Government Code Section 7920.000 et. seq.) treats any and all records, data or information, in whatever form and received from whatever source, prepared, used, owned or retained by Client as a public record which must be disclosed by Client to the public, unless such records, data, or information are exempt from such disclosure. (a) Public Access to Cloacina’s Information. Cloacina acknowledges that City does not wish to receive trade secrets and that Cloacina is not to disclose trade secrets to City unless absolutely necessary for purposes of the Agreement. “Trade secrets” as defined by the California Government Code Section 7924.510 subdivision f provides:
“[T]rade secrets are not public records under this Section. ‘Trade secrets,’ as used in this Section, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or a service having commercial value and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.”
Any and all records, data, or information that Cloacina, or its agents, provides to City shall be treated by City as public records under the PRA unless such records, data, or information are submitted to City in a sealed envelope or container, the exterior of such sealed envelope or container is conspicuously marked by Cloacina as “confidential trade secrets” or are identified as “confidential and proprietary information and/or trade secrets” by Cloacina on the coversheet of any documents sent electronically or via facsimile, and such records, data, or information are trade secrets, as determined by City. Records, data, or information submitted by Cloacina, or its agents, to City as proprietary, confidential, or under any other such terms that might suggest restricted public access will not be excluded from treatment as public records if such records, data or information are not, in City’s determination, trade secrets under the PRA.

Any records, data, or information identified by Cloacina and submitted to City as “confidential trade secrets” or “confidential and proprietary information” will be reviewed by City’s legal counsel to determine conformance or non-conformance to that definition, and following such review, City promptly will inform Cloacina of the results of such review.

Any and all records, data, or information that Cloacina, or its agents, provides to City that are, in City’s determination, trade secrets under the PRA, and necessary for City, in its determination, to retain in connection with the Agreement, will be safeguarded by City in an appropriate manner, and City shall not publicly disclose such records, data or information, unless and to the extent required by law, court order, or subpoena or similar legal process compelling City’s compliance therewith.
91 Last revised 1.25.24 Copyright 2023 Cloacina, LLC- All Rights Reserved

In the event City receives a request from a third party for access to any of such Cloacina’s records, which, in City’s determination, are trade secrets, City will promptly notify Cloacina, in writing, of such request, and, in addition to the indemnification and defense, to the fullest extent permitted by law, Cloacina agrees to and shall indemnify, save, hold harmless, and at City’s request, defend City and its officers, officials, agents, and employees, from and against any and all demands, costs and expenses, penalties, attorney’s fees and costs, damages of any nature whatsoever, judgments (including but not limited to amounts paid in settlement and amounts paid to discharge judgments), liabilities, claims and losses, suits, actions or proceedings of every name, kind and description occurring or resulting to City, and its officers, officials, agents, and employees, arising out of or in connection with City’s failure or refusal to give such third party access to any or all of such of Cloacina’s records, which, in Client’s determination, are trade secrets. The provisions of this Section shall survive termination of the Agreement.

1.2. LICENSE TO USE THE CONFIDENTIAL INFORMATION
Once Cloacina has been paid in full by Client and Client has satisfied all obligations of the Agreement, Cloacina grants Client a limited, non-exclusive, royalty free and revocable license to use the Confidential and Proprietary Information described above and further detailed in the Cloacina Confidentiality and Non-Disclosure Agreement related to the equipment provided to Client to the extent reasonably necessary for the operation, maintenance and/or repair of the equipment and/or any subsystem or component thereof. All Confidential and Proprietary Information provided by Cloacina to Client in accordance with this Agreement remains the sole property of Cloacina and Cloacina retains and reserves all rights associated therewith.

2. FINANCIAL

2.1. PRICING LIMITATIONS
Unless specifically and expressly, the pricing provided is limited to the services, goods, quantities, materials, equipment and models outlined in the Specifications and/or Scope of Work.

2.2. TAXES
Taxes are shown as a separate line item in the Conformed Bid Sheet (Round 5) and shall be added to the base price.

2.3. INSURANCE
Pricing is based on Cloacina’s general liability insurance coverage(s), including Workers’ Compensation, and coverage for product liability. Client is responsible for all loss and property damage FOB Cloacina factory as subsequentially specified in the Agreement. Cloacina does not procure course of construction or builder’s risk insurance, which would be the responsibility of Client if required in association with the Project. Requested or additional endorsement, policies or riders shall be at sole cost of Client.

2.4. PURCHASE ORDERS
If Client issues a purchase order as a supplement to the Agreement Documents, each purchase order must contain all of the following or it will be rejected by Cloacina. All questions related to purchase orders should be directed to the applicable Cloacina Sales Representative.

Client’s
Information:
• Entity’s legal name
• Contact name
• Mailing address
• Email
• Phone
92 Last revised 1.25.24 Copyright 2023 Cloacina, LLC- All Rights Reserved

Project
Information:
• Project name
• Physical address of the project
• Requested delivery date
• Description of the equipment to be purchased by Client (wording to be identical to this Agreement)
• Scope of services to be performed by Cloacina (wording to be identical to this Agreement)
• Any special packing and shipping needs including partial shipments and shipment dates. Additional costs will be incurred for deviations from Cloacina’s standard packing and/or shipping procedures
• Special and/or unusual delivery details
Billing
Information:
• Contact name
• Billing address
• Email
• Phone
• Billing terms identical to those contained in this Agreement • Purchase price identical to the total price shown in this Agreement

2.5. RETURNED PAYMENTS
If Client’s check or electronic payment is returned for insufficient funds or any other reason, Client shall be responsible for all costs, bank fees and other expenses incurred by Cloacina. Cloacina reserves the right to require Client to make all future payments by cash or cashier’s check, or wire, at its sole discretion.

3. FORCE MAJEURE EVENTS
A Force Majeure Event is any act or occurrence beyond a Party’s reasonable control, including, but not limited to, fires, floods, strikes (except any strikes involving a Party’s personnel), accidents, extreme weather conditions including, for example, hurricanes, tornados, earthquakes, unusually high amounts of precipitation, unusual extremes of temperature or wind, extended periods of adverse weather, acts of war, aggression or terrorism (foreign or domestic), equipment failure (other than due to inadequate maintenance thereof). The following shall not constitute Force Majeure Events: weather conditions normal for the region in which the work is performed or the equipment is located and failure to pay any sums in accordance with this Agreement. Whenever the provisions of this paragraph are believed to apply, the Party relying thereon shall give prompt written notice to the other Party of the circumstances, the basis for applicability of this paragraph and the time required to cure such breach or delay. The Parties shall use reasonably best efforts to agree on appropriate mitigating actions under the circumstances through Change Orders as provided in this Agreement. If, and to the extent that a Force Majeure event causes a delay in delivery per the Project Schedule, upon submission of a proper Change Order and subject to the other provisions of this Change Order section of this Agreement, the Project Schedule will be extended by Change Order by the number of calendar days of actual delay to the changed path of the Work at the time of the Force Majeure event. To the extent an event of Force Majeure affects Cloacina’s costs, the provisions of the Cloacina Changes clause of this section will apply. Notwithstanding the foregoing, if a Force Majeure Event exceeds six months in duration, Cloacina shall have the right to terminate this Agreement without liability upon written notice to Client and shall be entitled to payment for all work performed prior to the date of termination.

4. TRANSFER OF RISK OF LOSS, LIABILITY, TITLE AND OWNERSHIP

4.1. TRANSFER OF TITLE AND OWNERSHIP
Notwithstanding the method of transport or the specified allocation of risk and loss set forth above, Cloacina shall retain title and ownership of the equipment until all funds due to Cloacina under the Agreement have been paid 93 Last revised 1.25.24 Copyright 2023 Cloacina, LLC- All Rights Reserved

to Cloacina in full. If title is passed to Client, Cloacina reserves the right to file and perfect a security interest in any equipment through appropriate agency filings. Upon receipt of all amounts due to Cloacina under the Agreement Documents, Cloacina shall pass clear and good title to the equipment to Client. Client may request a Bill of Sale at such time if desired.

5. PERMITS, LICENSES AND GOVERNMENT FEES
Pricing does not include building and other permits, licenses and/or government fees of any kind that may be required to construct, install and/or operate the equipment. Client is responsible for determining what local, state and/or federal building and any other permits and/or licenses are required for their project, communicating that information to Cloacina, applying for and obtaining those permits and/or licenses at their sole expense and complying with all permitting and licensing requirements. Cloacina will not procure and/or pay for any building and other permits, fees and/or licenses on behalf of Client.

6. PACKING
Pricing includes Cloacina’s standard packing and preparation for shipping. Standard packing does not include provisions for inclement weather or other special shipping and/or packing needs. Should Client require weatherresistant packing, any other special packing and/or shipping or transit services, Client must convey those requirements to Cloacina in writing in advance and all associated costs will be billed to Client as an additional charge.

7. SITE PREPARATION
Site preparation work is not included in the pricing. Client is responsible for making all improvements necessary to the site required for the installation of the equipment.

8. SEED SLUDGE AND SEEDING

8.1. Seed sludge, hauling and seeding are not included in the pricing unless otherwise specified.

8.2. The quality of seed sludge used and proper seeding of that sludge plays a critical role in the speed and overall success of plant commissioning and biological health of the plant.

8.3. Client must provide seed sludge equivalent to the total volume under aeration at the specified MLSS concentration at their expense.

8.4. The intended seed sludge must be sampled for MLSS and MLVSS concentrations while the sludge is being aerated and the sample results must be sent to Cloacina for approval at least two weeks prior to the seeding taking place. Cloacina reserves the right to reject the intended seed sludge based on the sample results and may require Client to find another approved source.

8.5. Seeding the plant must be done in the presence of a Cloacina Representative.

8.6. If any of the required volume of the seed sludge dies during transport or seeding, Client shall immediately obtain the commensurate amount of replacement seed sludge. It is critical that the seed sludge is oxygenated periodically and long hauls may require the trucker to pull over and induce a vacuum to promote mixing and oxygenation.

8.7. All seed sludge must pass through the entire Cloacina headworks process to ensure proper screening and removal of inorganics and solids prior to downstream equipment. All costs to place the sludge into the headworks shall be at Client’s expense.

8.8. If Client does not follow all seed sludge and seeding instructions and specifications, one or a combination of the following will occur:
94 Last revised 1.25.24 Copyright 2023 Cloacina, LLC- All Rights Reserved

8.9. Biological upset to the plant will occur which will add extra time and money to the Project commissioning process

8.10. The plant will not perform as designed, meet throughput requirements and/or other discharge or regulatory agency requirements

8.11. Client may have to remove all of the original seed sludge, dispose of it, clean the entire plant and reseed it, all of which shall be done at Client’s sole expense

8.12. Damage to and/or fouling of the membranes and other ancillary equipment may occur. If this occurs, Cloacina shall not be liable for extra chemical cleanings and/or repair or replacement of the damaged membranes and/or equipment. All labor and replacement equipment and parts are not covered under the Cloacina warranty and shall be billed in full to Client.

8.13. The start date for the Cloacina Process Guarantee will be delayed until all of the required and approved seed sludge has been properly seeded and the biota is stabilized.

8.14. Cloacina shall not be liable for any costs and/or delays in plant commissioning and/or the overall Project schedule due to the use of unauthorized seed sludge and/or improper seeding.

9. COMMISSIONING

9.1. INCLUDED IN PRICING
Plant commissioning is included in the pricing. Additional 8-hour days of commissioning services are available for $1,800.00 per day plus all travel costs and per diem. No credit and/or reimbursement shall be given to Client for any partial days and/or unused days. Should Client have outstanding balances due to Cloacina, Cloacina reserves the right to refuse to schedule commissioning of the equipment until all payments due have been received in full by Cloacina.

9.2. COMMISSIONING REQUIREMENTS
All equipment must be commissioned in strict accordance with Cloacina’s written commissioning requirements, directions from Cloacina’s Representative and in accordance with all local, state and federal building codes (whichever is more stringent) to maintain the validity of Cloacina’s Equipment Warranty and Process Guarantee. A Cloacina Representative must perform commissioning, not a Client Party. Should commissioning occur outside the presence of an authorized Cloacina Representative and without the prior written consent of Cloacina, Cloacina’s Equipment Warranty and Process Guarantee will be void. All Client Parties shall allow Cloacina sufficient time to properly commission the equipment. Should sufficient time not be allowed before Client elects to operate it, the Equipment Warranty will be void and Client assumes liability for damage to the equipment, inability to meet effluent requirements, regulatory agency fines and violations and all other consequences as a result of inadequate and/or improper commissioning.

9.3. CLIENT PARTY OVERSIGHT
If Client hires an engineer, Contractor or other entity or person to provide commissioning oversight, that engineer, or Contractor, such agents shall be deemed Client Parties for purposes of this Agreement. Such hired Client Party will function in a supervisory capacity only. Cloacina’s Representative is not responsible for following commissioning instructions from any Client Party that are contrary to Cloacina’s standard commissioning procedures or standard operating procedures (SOPs).

9.4. ELECTRICIAN REQUIREMENTS
Notwithstanding the foregoing, Client is required to always have a licensed electrician on-site during the entire commissioning process, the cost of which will be borne directly by Client. Should Client’s electrician not be present at any time, the Cloacina Representative reserves the right to stop commissioning the equipment until a properly 95 Last revised 1.25.24 Copyright 2023 Cloacina, LLC- All Rights Reserved

qualified electrician is on-site and remains on site for the entire commissioning process. Client is solely liable for all costs, and Project delays due to the Client or its electrician’s failure to comply with this paragraph.

9.5. COMMISSIONING SCHEDULING
To schedule a commissioning date, Client must notify Cloacina in writing, with the accompanying PreCommissioning Checklist provided by Cloacina attached to the request, at least 30 days prior to the desired commissioning date. Should Client need to cancel and/or reschedule a commissioning date once a date has been scheduled, Client must notify Cloacina in writing and Client will be responsible for any costs Cloacina incurs to cancel and/or reschedule including, without limitation, travel costs (air/car/hotel) due to the cancellation.

9.6. DELAYS
Should the Cloacina Representative arrive at Client’s designated Project site for commissioning and the site, the required Client Parties, or other conditions, excluding Force Majeure Events, prevent commissioning, Cloacina will count the day as day one of the included commissioning days regardless of whether Cloacina directs its Representative to remain on-site or return to the Cloacina factory and regardless of how long the Representative was on-site. Cloacina will count every day until the Cloacina Representative arrives back at the factory as a day of commissioning, including days spent traveling.

10. POST-COMMISSIONING
Without obligation to do so, Cloacina reserves the right to log into, access, view and make changes to the Client’s SCADA, its control system and/or the Cloacina or third party-provided Client portal at any time, for any reason without prior notice to or permission of Client for the life of the equipment to:
• observe operations and maintenance conditions;
• obtain performance data that may be used for case studies and/or to improve future product.

Nothing contained herein shall require Cloacina to report any findings or other information to Client obtained through such access.

11. GENERAL

11.1. MEDIA RELEASE
Client gives Cloacina permission to use Client’s Project information including, without limitation, Project name, Client name, location, design criteria, photographs, videos, drawings, images, renderings and other information deemed necessary by Cloacina for the purposes of marketing/promotional materials that may be printed, broadcast or used in digital formats online. Cloacina reserves the right to hire or employ photographers, drone operators, artists and/or other individuals for the purpose of documenting project progress and the final installed product. Cloacina shall, upon request, share any photographs or images of the Project with Client for its exclusive use. Photographs, images, likenesses and project information shall be used at the sole discretion of Cloacina and Client is not entitled to editorial control or compensation. Client shall comply with all reasonable requests to facilitate the above requirements and provide access during normal business hours.

11.2. SURVIVABILITY
Upon completion and/or termination of this Agreement, the rights, obligations and liabilities of the Parties which shall have arisen or been incurred under this Agreement prior to its termination and those designed to survive completion and/or termination shall survive and remain in full force and effect.

11.3. SEVERABILITY
If any term, covenant, condition, provision, including within a paragraph, sentence or clause, of these Terms and Conditions is determined to be invalid, void or not enforceable by any dispute resolution tribunal, such provisions 96 Last revised 1.25.24 Copyright 2023 Cloacina, LLC- All Rights Reserved

shall be deemed deleted only to the extent of the invalidity and all remaining provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

11.4. EMPLOYEE SOLICITATION
To the maximum extent allowed by law, during the term of this Agreement and for a period of three years after its termination, the Parties each agree not to, directly or indirectly, solicit, hire, recruit, or induce the employees of one party to work for the other for any reason. This includes, but is not limited to, managerial, supervisory, technical and non-technical personnel. The Parties acknowledge that this non-solicitation provision is reasonable and necessary to protect the legitimate business and trade secrets of both Parties. On breach of this provision, the injured party shall be entitled to seek injunctive relief and any other appropriate legal remedies available under applicable law to prevent disclosure of confidential information. This provision shall not apply to an employee’s incident response to general solicitations of employment not directed specifically towards employees of the other party.

11.5. NOTICES
All notices and other communications required or permitted under this Agreement shall be in writing and shall be delivered in person (In which case notice is deemed given when received by the addressee) or sent by overnight air courier service (In which case notice shall be deemed given when received by addressee or on the second day after the date of delivery to the courier, whichever is earlier) or by registered or certified mail, return receipt requested, postage prepaid and properly addressed (In which case notice shall be deemed given when received by addressee or on the fifth day after the date of mailing, whichever is earlier) to the address set forth below, or other such addresses as one Party may hereafter provide notice of to the other. 97 Last revised 1.25.24 Copyright 2023 Cloacina, LLC- All Rights Reserved

CLOACINA EQUIPMENT AND MEMBRANE WARRANTY

1. OVERVIEW
The following warranties are included with your Cloacina Plant:
• 12-month Standard Equipment Warranty on all equipment • 5-year membrane warranty
• 5-year warranty for equipment specified in Section 11500, 1.05. • 5-year warranty for equipment specified in Section 17505, 1.09. • 5-year warranty for equipment specified in Section 17510, 1.09. • 5-year warranty for equipment specified in Section 17520, 1.09

2. WARRANTY PERIOD

2.1. BENEFICIAL USE DEFINED
Beneficial Use is defined as the date on which the equipment procured and/or manufactured for Client is turned on and can produce any benefit to Client, including as a permitting, regulatory, funding or other condition of approval, such date considered the date of Beneficial Use regardless of whether the equipment or/or appurtenances are fully on-line.

2.2. WARRANTY START DATE AND PERIOD
Cloacina warrants its materials and workmanship for the number of months listed below, depending on which of the following occurs first:
• 12 months from the date of equipment commissioning or • 12 months from the first date of beneficial use of the equipment, or • The General Contractor shall be responsible for maintenance of all trains and equipment during the construction period and until all trains are fully commissioned. The General Contractor shall maintain the trains and equipment in compliance with the Cloacina Operations and Maintenance Manuals.

3. WHAT IS WARRANTED
During the warranty period, Cloacina warrants the following:

3.1. TANKAGE
All stainless-steel tanks, skids and appurtenant equipment are warranted against major corrosion, weld breakage and/or leaks for one year from the warranty start date, or for length as described above.

3.2. PUMPING EQUIPMENT
All pumps and/or pressurized pumping equipment are warranted to be free from material and workmanship defects for one year from the warranty start date, or for length as described above.

3.3. HUMAN MACHINE INTERFACE (HMI) AND ELECTRICAL COMPONENTS The HMI and runtime software is warranted to be free from material and workmanship defects for one year from the warranty start date, or for length as described above.

3.4. ELECTRICAL EQUIPMENT
Electrical equipment including motors, panels, panel components and fans are warranted to be free from material and workmanship defects for one year from the warranty start date, or for length as described above.

3.5. BLOWER PACKAGES
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Blower packages are warranted to be free from material and workmanship defects for one year from the warranty start date with the following caveats:
• Service records for all service performed must be completed, include all required service items and emailed to Cloacina at the time of each service. Forms to document service will be supplied by Cloacina during commissioning.
• Oil, grease, filters and belts must be purchased from the original equipment manufacturer during the warranty period.

3.6. AUTOMATED VALVES
Automated valves are warranted to be free from material and workmanship defects for one year from the warranty start date.

3.7. DIFFUSERS
Diffusers are warranted to be free from material and workmanship defects for one year from the warranty start date.

3.8. SENSORY EQUIPMENT
All Cloacina-provided sensory equipment is warranted to be free from material and workmanship defects for one year, or for length as described above, from the warranty start date with the following caveats:
• The sensory equipment must be installed in the intended medium it was originally designed for and used only for the intended purposes for which it was designed. • Only sensory equipment installed and verified by the Cloacina Representative at commissioning is warranted.

3.9. MEMBRANES
Membranes are warranted to be free from material and workmanship defects for 5 years from the warranty start date with the following caveats:
• Client must strictly adhere to all membrane manufacturer recommendations, the Cloacina Operations and Maintenance Manual (OMM), Cloacina’s Standard Terms and Conditions and all other recommendations and instructions related to the membranes in order for the membrane warranty to be valid. • The membranes are warranted to flux at a rate specified in Table A below and maintain a Transmembrane Pressure (TMP) lower than the maximum on average. In the event that the average TMP exceeds the maximum operating range from Table A and it is deemed to be due to manufacturer defects and not biological or operational issues, Cloacina will replace the membrane modules still under warranty. Cloacina and the membrane manufacturer will make the final determination as to whether repairs are required due to mechanical or biological problems.
• The membranes must be operated within the Design Specifications stated in this Agreement, RFP document, Cloacina’s OMM and the membrane manufacturer’s OMM. • The membranes are warranted to meet the design flow rates and effluent turbidity levels in the Design Specifications only.
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3.9.1. TABLE A: MEMBRANE OPERATING CHARACTERISTICS
Flows Typical TMP: (PSIG) Maximum TMP: (PSIG)
Average -1.5-3.5 -10.0-8.0
Max -3.5-5 -10.0-8.0
Peak Hour -5-7 -10.0-8.0

3.9.2. TABLE B: MIXED LIQUOR CHARACTERISTICS

CHARACTERISTICS OF MIXED LIQUOR

SUSPENDED SOLIDS (MLSS) ENTERING THE

MEMBRANE TANK

UNITS ACCEPTABLE OPERATING RANGE
MLSS concentration mg/L
3,000 - 10,000, average not to exceed 10,000 (in
aeration basins) with maximum not to exceed
12,000 at membrane interface
Temperature °C 5-40 C
pH 6.0-8.0
Dissolved Oxygen (DO) mg/L > 1.5
NH3-N mg/L Recommended ≤3.0 and shall not exceed 5
Colloidal TOC (Measured as difference
between filtered mixed liquor TOC and
permeate TOC)
mg/L Recommended ≤10 and shall not exceed 15
Differential COD (Measures as colloidal COD) mg/L Recommended 25-40 and shall not exceed 60 Time to Filter (TTF) sec. Recommended ≤90 and shall not exceed 200 Material greater than 2 mm mg/L ≤1.0
Fats, Oil and Grease (FOG) mg/L
≤100 mg/L (Emulsified Oil)
≤10 mg/L (Non-Biodegradable Oil)
0 mg/L (Free Oil)
Total hardness as CaCO3 Not scaling
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4. THE CLAIMS PROCESS

4.1. Client is required to communicate all defects in materials, workmanship, and warranty related issues by submitting a ticket through the Client portal. Instructions will be given to Client during commissioning and training on how to use the portal. Warranty-related concerns expressed verbally, in letters, texts and/or emails will not be accepted or addressed.

4.2. Client must notify Cloacina of the defect in material or workmanship within 14 days of the discovery of the defect or non-conformance and provide proof supporting the claim as requested by Cloacina (This may include but is not limited to: date the defect was first discovered, all relevant operations, lab and/or maintenance data and records, photographs, videos, a written description of the defect or nonconformance, a Cloacina Representative talking with applicable Client employees and/or Third Parties and/or a video call(s) with a Cloacina Representative). Should Client delay notifying Cloacina of any defect found longer than 14 days , the Equipment Warranty on the defective and/or non-conforming piece(s) of equipment shall be void and Client shall be liable for additional damage to the piece(s) of equipment, other pieces of equipment and the system as a whole due to the escalation of or damage from an unreported and/or unresolved issue and the Equipment Warranty on the other affected equipment will also be void. The cost of repair or replacement resulting from damages caused from continuing to operate a piece of equipment past the initial date of discovery will be billed to Client.

4.3. Cloacina will respond to all warranty claims within 14 days and will provide guidance to Client on interim operation of the equipment while the warranty claim is being evaluated, which may include not operating the system until the issue can be resolved. Client agrees to implement reasonable operational modifications as requested by Cloacina. Should Client fail to comply with Cloacina’s instructions for interim operation and/or shutdown of the equipment, Client assumes sole risk and liability for all damage to the equipment, biological upset, regulatory agency violations and/or fines and all other costs associated with not following Cloacina’s instructions.

4.4. Cloacina may, at their sole discretion, send a representative or agent (“Representative”) to examine any and all parts and equipment for which a warranty claim is submitted.

4.5. Cloacina reviews and verifies the claim information provided by Client, Cloacina’s Representative and/or Third Parties and determines, at its sole discretion, if the claim is covered under the Cloacina Equipment Warranty.

4.6. Client is notified in writing if the claim is covered under the Equipment Warranty and any corrective action that will be taken by Cloacina. Cloacina reserves the right to provide a replacement part or piece of equipment or repair or remanufacture the existing failed part and/or piece of equipment at their sole discretion.

4.7. In instances in which the cause of the part and/or equipment failure is unclear, Client will be required to issue a purchase order for a reasonable investigation deposit that is agreed to by both Parties to cover the cost to send the Cloacina Representative to further investigate. Should the cause of failure be determined to be material or workmanship covered by the Cloacina Equipment Warranty, the investigation deposit will be refunded in full to Client. Should the cause of failure be related to something other than material or workmanship or is not covered by the Cloacina Equipment Warranty, Cloacina will retain the investigation deposit and Client will be responsible for any fees incurred by Cloacina to investigate and/or remedy the issue above the deposit collected.

4.8. If Cloacina determines that failure of the part and/or piece of equipment in the claim is due to a cause not related to material or workmanship and there is disagreement between Cloacina and Client, binding arbitration using an independent arbitrator mutually agreed upon by Client and Cloacina. If an 101
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independent materials expert is required, that shall be the City’s Engineer to determine the cause of failure will be the method to resolve the dispute. This arbitrations shall occur in San Luis Obispo, CA.

4.9. If Client’s claim is covered under the Equipment Warranty, Cloacina will order the part(s) and/or equipment eligible for replacement at Cloacina’s expense.

4.10. Cloacina will pay to have all parts covered under the Equipment Warranty shipped to Client.

4.11. Client is responsible for reasonable installation of the replacement part(s) and/or piece(s) of equipment.

4.12. If a Client Party removes the defective part(s) and/or equipment and installs the replacement part(s) and/or equipment at Client’s expense.

4.13. Client packages and ships defective part(s) back to the original manufacturer or Cloacina, if required, at Client’s expense.

4.14. Replacement parts are only covered under this Warranty for the remaining time that the original part and/or piece of equipment was under warranty. The supply of replacement parts and equipment does not restart and/or prolong the warranty period for the original part and/or piece of equipment or the replacement parts and/or equipment.

5. WHAT IS NOT COVERED
Cloacina shall have no warranty obligations with respect to any parts and/or pieces of equipment where one or more of the following has occurred and/or is currently occurring:

5.1. DEFECTS AND/OR NONCONFORMITIES REPORTED MORE THAN THREE CALENDAR DAYS AFTER DISCOVERY If Client does not report the defective and/or non-conforming part or piece of equipment to Cloacina within three calendar days of discovery, Cloacina shall not be liable for and shall have no obligation for that claim.

5.2. UPGRADES TO REPLACEMENT PARTS AND/OR EQUIPMENT
Should it be necessary for Cloacina to replace a part and/or piece of equipment, it will be replaced with a part and/or piece of equipment that is similar in price, construction quality and features as the original. Should Client wish to upgrade the part and/or piece of equipment being replaced, Cloacina shall not be liable for the additional costs to upgrade but shall credit Client for the cost to replace the part and/or piece of equipment with something similar to the original.

5.3. PRINTED, LOST AND UPDATED MANUALS
All equipment Operations and Maintenance Manuals (each, an “OMM”) are provided to Client electronically.

Should Client require printed copies of any and/or all manuals, they will be charged $1.00 per printed page. Should Client lose the electronic copy(ies) provided, additional copies can be provided by Cloacina for an additional charge to Client. Should Client require their OMM to be updated at a future time, Cloacina can provide that service for an additional charge to Client.

5.4. UNAUTHORIZED REPAIRS
Any part and/or piece of equipment that has been repaired by Client or any agent of Client other than Cloacina and/or without Cloacina’s prior written approval is excluded from this Warranty.

5.5. EQUIPMENT PROVIDED BY OTHERS
Cloacina’s Equipment Warranty only applies to equipment supplied by Cloacina. Parts and equipment supplied by Client and/or Third Parties are not covered by this warranty and Cloacina shall have no obligation to repair and/or replace them. Should a Cloacina-supplied part and/or equipment failure or damage be due to a failure and/or nonconformance of a part and/or piece of equipment supplied by others, Cloacina shall not be liable for the repair and/or replacement of the Cloacina-supplied part and/or piece of equipment or the third party part and/or piece 102
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of equipment and all claims for such shall be directed to the original supplier/manufacturer of the failed part and/or piece of equipment. This Warranty also excludes compatibility of third-party supplied parts and/or equipment not approved by Cloacina in writing prior to installation in connection with equipment supplied by Cloacina. Client shall contact the applicable Cloacina Project Manager to ensure that all additional ancillary equipment desired is compatible with the Cloacina-provided equipment and treatment process prior to the purchase and installation of any third-party supplied equipment.

5.6. CONSUMABLES
Cloacina does not warrant, repair and/or replace consumables, which include but are not limited to the following:
• Air filters
• Fuses
• Lamps
• Probes and sensors
• Filters and cartridges
• Oils, lubricants, greases and fluids
• Brushes, scrapers and squeegees
• Impellers, lobes, gears, and volute normal wear
• Mechanical seal wear and failure
• Belts
• Bearings
• Gaskets, o-rings and lip seals
• pH probe salt bridges
• Auger and auger wear strips
• Medias
• Bulbs
• Electrodes
• Diffuser socks and clamps

5.7. NORMAL WEAR AND TEAR
This Warranty does not cover normal wear and tear of parts and equipment. Examples of normal wear and tear include but are not limited to:
• Impeller degradation
• UV damage to painted surfaces
• Stainless steel discoloration
• Abrasion of rotating parts
• Piping and valve seating surface degradation
• Motor winding degradation
• Gasket degradation
• Normal corrosion

5.8. MODIFICATIONS AND TAMPERING
This warranty excludes all parts and/or pieces of equipment that have been altered, modified or tampered with by Client and/or Third Parties, intentionally or unintentionally, in any way without the prior written permission of Cloacina.

5.9. MISUSE OR DAMAGE
The Cloacina Equipment Warranty excludes all parts and/or pieces of equipment that have been subject to intentional or unintentional misuse, abuse, misapplication, neglect, disassembly, accident and/or damage by Client and/or Third Parties.

5.10. USE CONTRARY TO INSTRUCTIONS
Cloacina is only responsible for the physical characteristics of the equipment, not for the circumstances of its use.

Client is solely responsible for how the equipment is used by all Client Parties and how that use affects the equipment and this Warranty. This Warranty excludes all parts and/or pieces of equipment that have been used in a manner contrary to Cloacina’s instructions for installation, commissioning, operation, repair and/or maintenance 103
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and/or those contained Cloacina’s OMM and/or the original manufacturers’ OMMs. Client shall comply and require its employees, Agents and/or Third Parties to comply with all installation, commissioning, use, operations, maintenance, mechanical and/or any other instructions by Cloacina related to the equipment. Should Client and/or their employees, Agents and/or Third Parties choose not to follow those instructions precisely, Client assumes all risk of and liability for damage to the equipment, additional costs due to increased membrane cleanings, biological upset, spills and/or overflows, foaming, increased consumables usage and/or regulatory agency violations, fines and penalties.

5.11. ABNORMAL CONDITIONS
This warranty excludes all parts and/or pieces of equipment that have been damaged due to abnormal conditions, decomposition, corrosion or erosion of the equipment due to biological or chemical attack, vibration, temperature, moisture and/or dirt, failure to properly prime and/or operation without flow, with reduced flows or flows exceeding the Design Specifications.

5.12. FORCE MAJEURE
The Cloacina Equipment Warranty excludes parts and/or pieces of equipment damaged by Force Majeure Events.

5.13. IMPROPER ELECTRICAL CONDITIONS
This Warranty excludes parts and/or equipment that have been damaged due to defective or improper power supplies, electrical connections or protection, a lack of adequate grounding and/or bonding, the lack of seal-offs for any conduit and conductors and/or tampering with factory-installed seal-offs.

5.14. EQUIPMENT EXCLUSIONS

5.14.1. HUMAN MACHINE INTERFACE (HMI)
Should one or a combination of the following occur, the HMI warranty shall immediately be void:
• Any program, application and/or software not specifically approved in writing by Cloacina has been installed or loaded on the HMI.
• The HMI program has been altered in any way.
• The HMI has been affected by lightning strikes and/or input power issues. • Weather conditions are different from those contained in the Design Specifications.

Inclement or unusual weather conditions that cause overheating or freezing of the panel and/or controls computer are excluded from this warranty. • Water damage has occurred.
• The HMI screen is damaged by scratches, punctures and/or blunt force damage from using anything other than a human finger or approved stylus.

5.14.2. MEMBRANE AND DIFFUSER EXCLUSIONS
Should one or more of the following occur, the membrane and diffuser warranties shall immediately be void:
• There are deposits on or underneath the membrane due to the process and/or inadequate maintenance.
• Deposits are found underneath the membrane due to air filtration rates being less than recommended.
• Damage caused by excessive velocity not disclosed during the design phase, including mixers.
• Damage due to improper installation or lack of pipe cleaning prior to diffuser installation. • Damage due to abrasion by excessive solids or matting of solids on the membranes. 104
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• Damage caused by Client not strictly adhering to all membrane and diffuser manufacturer and Cloacina recommendations.

5.14.3. SENSORY EQUIPMENT EXCLUSIONS
Should one or more of the following occur, the sensory equipment warranty shall immediately be void:
• Damage caused by exposure to pH values above 12 or below 4 • Damage caused by fats, oils or grease content over 100 mg/l • Damage caused by lack of calibration or maintenance
• Damage caused by not utilizing the Cloacina slide rail system as installed • Damage caused by high pressure probe wash systems (>20PSI). • Damage caused by improper wiring or sending improper voltage to the equipment • Sensory equipment that was not installed and verified by the Cloacina Representative at commissioning

6. CLIENT RESPONSIBILITIES
The following are responsibilities of Client in order for the Equipment Warranty to remain valid:

6.1. DESIGN SPECIFICATIONS
Client must operate the equipment in strict accordance with the Design Specifications contained in this Agreement and all OMMs. Deviation from the Design Specifications will adversely affect equipment, membranes and process biology. Any deviation from the Design Specifications and/or operation of the equipment outside of the Design Specifications must have prior written approval by Cloacina.

6.2. INFLUENT, FLOW AND/OR LOADING VARIABILITY
If the influent, flow and/or loading ever deviates from the Design Specifications in this Agreement or the source of influent changes, the ability for the equipment to produce treated effluent at the quality and/or quantity stated in this Agreement will not be possible and damage will occur to the equipment. Should Client notice any deviation and/or variability in the influent, flow and/or loading characteristics or make any changes to the influent, flow and/or loading rates and/or characteristics, they must notify Cloacina immediately of such deviation, variability and/or changes in writing and follow all instructions given by Cloacina. Should Client choose not to follow Cloacina’s instructions and/or continue to operate the system after noticing deviations and/or variabilities in or making changes to the influent, flow and/or loading characteristics, Client assumes all risk of and liability for damage to the equipment, additional costs due to increased membrane cleanings, biological upset, spills and/or overflows, foaming, increased consumables usage and/or regulatory agency violations, fines, penalties and one or a combination of the following consequences:

6.2.1. LOADING CONSEQUENCES
In the event that loading deviates from the total pounds of contaminants stated in the Design Specifications, Client is likely to experience one or more of the following conditions that Client shall bear sole liability for:
• Excessive sloughing of the biofilm in the primary treatment unit that leads to excessive TSS generation in the secondary treatment system that can cause additional sludge press runtimes and additional polymer usage.
• A rise in F/M in the primary and secondary systems that leads to EPS secretion in the biology that can cause higher Transmembrane Pressure (TMP) in the membrane train(s) and increased chemical use for Clean-In-Place (CIP).
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• In extreme cases (For example, the introduction of lees into the system) the above occurs as well as soluble BOD/COD bleeds through the membranes that can cause a rise in NTUs as a function of lesser tannin reduction.
• Inefficient biological nutrient removal due to stoichiometric ratios being imbalanced. • Foaming in aerated basins.

6.2.2. FLOW CONSEQUENCES
If flows and/or loadings deviate from the Design Specifications, Client is likely to experience one or more of the following conditions that Client shall bear sole liability for:
• Additional kwh/gallon costs will increase.
• Additional chemicals may be required to compensate for imbalanced ratios. • Additional operational setpoint changes and/or time spent monitoring and adjusting may be necessary.
• Increased maintenance due to running equipment at higher duty cycles may be necessary.

6.2.3. EXTREME CONSEQUENCES
In extreme cases of deviation from the Design Specifications, especially prolonged periods of higher flows and/or loading above the Design Specifications, Client is likely to experience one or more of the following conditions that Client shall bear sole liability for:
• Off-hauling
• Bypassing
• Inability to maintain target effluent parameters
• Increased odors
• Plant expansion

6.3. EQUIPMENT DE-RATING
In the event that one of the following conditions exist, there will be a commensurate de-rating of all affected downstream equipment:

6.3.1. INFLUENT SCREENING
If the influent Total Suspended Solids (TSS) deviates from the Design Specifications, then a commensurate de-rating of the screen’s stated flows will occur. In the event that the influent is ground, chopped, macerated, cut or materially changed beyond that of raw influent, then a de-rating of the screen will occur, and Client will be responsible for putting in a finer screen to increase the removal rate due to finer material having a propensity to pass through at a higher rate. Otherwise, an increased burden associated with more frequent membrane cleaning will be required, in addition to implications surrounding seals, build-up on pumps, increased wasting and basin cleaning.

6.3.2. INFLUENT CHARACTERISTICS
If the strength of influent and/or other influent characteristics deviates from the Design Specifications, a re-rating of the plant may be necessary for the purposes of determining total loading of the plant.

Composite samples shall be used as the basis for re-rating.

6.3.3. PROCESS SETPOINTS
• Re-rating of flows as a function of the loading
• Chemical addition for alkalinity and/or load balancing/supplementation for proper Biological Nutrient Removal (BNR)
• Programming changes
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• Expansion of the plant to meet build-out goals
• Re-screening
• More frequent cleaning of the membranes and sensory equipment

6.4. CHEMICAL, HAZARDOUS MATERIAL AND ANTI-BIOLOGICAL AGENT USE Use of corrosive compounds, chemicals, hazardous materials and/or anti-biological materials in or around the equipment is strictly prohibited and requires prior written approval by Cloacina. Any introduction and/or use of corrosive compounds, chemicals, hazardous materials and/or anti-biological agents, whether intentionally or unintentionally, that is not approved by Cloacina will cause damage and/or failure of the equipment and other biological, operational and financial consequences, all of which shall be the sole responsibility of Client.

6.5. OPERATIONS AND MAINTENANCE MANUAL
Client must strictly adhere to all operations and maintenance procedures set forth in Cloacina’s OMM, the equipment manufacturers’ OMMs and/or provided with the equipment at commissioning.

6.6. INTERNET
Client must provide and maintain a reliable high-speed Internet connection (Minimum speeds (download/upload) 10/1 mbps) to the Cloacina-supplied SCADA and controls computer. It is Client’s responsibility to provide the necessary network security clearances for Cloacina to access the system remotely using GoToMyPC or other ThirdParty remote desktop software. In addition, Client and/or their Agent shall maintain Port 25 for SCADA’s use for alarm text/email notice of alarm conditions.

6.7. MAINTENANCE
Client shall perform all equipment repairs and maintenance in accordance with the SCADA system maintenance module, Cloacina’s OMM, and/or the respective equipment manufacturers’ recommendations, whichever is the most stringent. Service records must be kept which fully document all service rendered. Forms to document service will be supplied by Cloacina. Service records must be completely filled out and sent to Cloacina at the time of each service via email or uploaded to the Client portal.

6.8. SAMPLING
Client must strictly adhere to all sampling schedules provided during commissioning from the Cloacina Representative and all other requests by Cloacina for samples at any other time during the warranty period. Failure to comply with sampling schedules and requests shall void the Equipment Warranty and Process Guarantee.

6.9. OIL, GREASE, FILTERS AND BELTS
Oil, grease, filters and belts must be purchased from the original equipment manufacturer. Failure to use the proper oil, grease, filters and belts voids the Warranty on all pieces of equipment that non-approved items are used on.

6.10. USE OF THE CLOACINA PORTAL
Client is required to communicate all requested data through the portal. Failure to use the portal and/or fully fill out the data at the requested intervals will void the Cloacina Warranty.

6.11. SPARE PARTS

6.11.1. CLIENT SHOULD STOCK SPARE PARTS
Cloacina highly recommends that Client stocks spare parts and equipment and can assist with spare parts recommendations and pricing. The Client should not assume that Cloacina will always have spare parts and/or equipment in stock and available for immediate shipment. Client should maintain their own spare parts inventory to minimize equipment downtime due to part and/or equipment failure. Cloacina is not liable for how long it takes to order, repair, make and/or ship replacement parts and/or equipment nor any costs associated with equipment downtime due to failure of Client to stock spare parts and/or equipment. 107
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6.11.2. PART CREDIT
Should Client elect not to stock spare parts and a part on a piece of equipment fails, Client may not be able to find the replacement part in a timely manner. Cloacina may not have the individual part Client needs in stock but may have the larger piece of equipment available for purchase by Client. In the event Client decides to purchase the new piece of equipment from Cloacina rather than wait for the individual replacement part to arrive, Cloacina will credit Client the cost of the failed part if it is covered under this Warranty.

6.12. EQUIPMENT STORAGE
All materials and equipment, once delivered to the jobsite, must be stored in a protected area and tarped or otherwise protected during times of inclement weather. In severe weather, climate control may be necessary to protect the equipment. Failure to store the equipment properly or protect it from inclement weather will void the Equipment Warranty.

6.13. QUALIFIED PERSONNEL
Client shall only allow qualified, trained and licensed individuals to install, use, operate, maintain and repair the equipment. Client shall comply with all local, state, federal and regulatory agency requirements for training and licensing of all individuals installing, using, operating, maintaining and repairing the equipment. Should Client allow unqualified, untrained and/or unlicensed individuals to install, operate, maintain and/or repair the equipment, Client does so at their sole risk and expense and shall be responsible for any damage to the equipment, biological upset, regulatory agency fines and/or violations and all other consequences.

6.14. SAFETY
Client shall cause its employees, Agents and/or all Third Parties to install, commission, use, operate, repair and maintain the equipment in a safe manner utilizing all safety features and devices of the equipment at all times.

Compliance with Cloacina’s written safety instructions and all local, state, federal and other applicable safety laws and regulations is the sole responsibility of Client. Client shall not remove or permit removal or modification of any safety feature, device, warning sign and/or label located on or incorporated into the equipment for any reason.

7. GENERAL PROVISIONS

7.1. FINANCIAL OBLIGATIONS
If Client fails to comply with any provision, obligation and/or requirement of this Agreement and/or Warranty and/or has not paid Cloacina any amounts due under this Agreement and/or any change order or other mutually agreed upon document relating to this Agreement, Client shall be considered in default of this Agreement. The Equipment Warranty is conditional upon Client not being in default of this Agreement and being current on all amounts due in order to be able to exercise any rights under this Warranty.

7.2. CHANGES
Changes to this Warranty must be issued in writing by Cloacina, signed by both parties and will be included as an addendum(s) to this document.

7.3. EFFECT ON PROCESS GUARANTEE
Should Client’s actions or that of any Client Party cause any portion of the Equipment Warranty to become void this will also cause the Process Guarantee to become void.

7.4. CHANGE OF OWNERSHIP
The Equipment Warranty is extended to the original Client/end-user only and is not transferrable to new owners and/or other parties unless approved by Cloacina in writing.

7.5. LIABILITY LIMITATIONS
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Client’s exclusive remedy and Cloacina’s aggregate liability under this Equipment Warranty is limited to Cloacina repairing or replacing the part, piece of equipment and/or workmanship that is defective or nonconforming and shall, in all cases, be limited to the amount actually paid by Client under this Agreement.

7.6. NO OTHER WARRANTIES
This Warranty is exclusive and in lieu of any and all other express or implied warranties, guarantees, conditions or terms of whatever nature relating to the equipment provided hereunder, including without limitation any warranties of merchantability and fitness for a particular purpose, which are hereby expressly disclaimed and excluded. No additional warranty, either expressed or implied, is applicable or to be construed as binding. No verbal or written information or advice given by any employee, agent and/or representative of Cloacina shall create a new warranty or in any way increase the scope of this Equipment Warranty. 109
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PROCESS GUARANTEE

1. PROCESS GUARANTEE PERIOD

1.1. PROCESS GUARANTEE START DATE AND PERIOD
Cloacina’s wastewater treatment plants are guaranteed to meet the Design Specifications stated in this Agreement and Scope of Work for 12 months from the successful completion of the 30-day performance test.

1.2. PROCESS GUARANTEE
Under the circumstance that the procured treatment plant fails to reduce the identified wastewater constituents in accordance with the requirements stated herein, the Vendor agrees, and will be responsible for, making ALL necessary field corrections to MBR packaged treatment plant process to guarantee process performance under all influent design scenarios, and for any charges that result from the Client not meeting the effluent discharge limitation that is a direct result of the MBR failing to maintain the required process.

2. CLIENT RESPONSIBILITIES

2.1. ADHERENCE TO AGREEMENT DOCUMENTS
Client must adhere to the Terms and Conditions of this Agreement and the Cloacina Equipment Warranty in order for the Process Guarantee to be valid and remain in effect. Should Client violate, deviate from and/or default on its obligations under the Terms and Conditions and/or Equipment Warranty, the Process Guarantee shall also become void from the date of violation, deviation and/or default.

2.2. REPORTS
Client must provide operational and lab reports as required in the Warranty Compliance Sampling Schedule and/or any other written documentation provided to Client. These samples and their results are to be provided to Cloacina monthly during the first 12 months of operation for the Process Guarantee to remain valid. Emailed reports or raw files uploaded to the Client portal/server are acceptable.

2.3. OPERATIONS
Client must operate the treatment system in accordance with the Design Specifications contained in this Agreement, Cloacina’s OMM and other equipment manufacturers’ recommendations, whichever is the most stringent in order for the Process Guarantee to be valid. Should Client wish to by-pass any equipment and/or modify any operating parameter or piece of equipment, Cloacina’s written approval must be obtained prior to any bypassing and/or modification or the Process Guarantee shall be void.

2.4. REPAIRS AND MAINTENANCE
Client shall perform all equipment repairs and maintenance in accordance with the SCADA system maintenance module, Cloacina’s OMM and the original equipment manufacturers’ recommendations, whichever is the most stringent or the Process Guarantee shall be void.

2.5. LAB WORK
Client shall perform all process control lab work required by Cloacina and enter all data into SCADA history, the Client portal or if those are unavailable, email them to the Cloacina Project Manager. Client must also include lab results in the weekly and monthly reports. Cloacina will provide the required sampling constituents and reporting schedule as part of the OMM.

2.6. NON-IDENTIFIED CONSTITUENTS
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If a constituent or combination of constituents not explicitly identified as being managed in the influent compounds in the Design Specifications is introduced into the treatment system and causes consequences of any kind, Client shall be solely responsible for mitigating these constituent(s) such that they are within acceptable range(s) for the Process Guarantee to be valid. Examples of such unintended constituent side effects may be but are not limited to:
• Precipitation
• Mineralization
• Deposition
• Scaling
• Fouling

2.7. PRETREATMENT PROGRAM
For domestic systems, Client must implement a pretreatment program and submit it to Cloacina for approval prior to plant commissioning. In the absence of a Client-provided pretreatment program, Client must implement the Cloacina standard pretreatment program to ensure compliance with influent criteria.

2.8. EQUIPMENT DATA AND RECORDS
Client shall continuously maintain and preserve all operations, laboratory, maintenance and other data associated with the equipment and shall present any and all equipment data to Cloacina within seven calendar days of any request. Failure to maintain, preserve and/or provide equipment data to Cloacina as requested will void the Equipment Warranty and Process Guarantee.

2.9. TIME TO CURE
Client shall allow Cloacina 14 days to diagnose operational issues that are the responsibility of Cloacinia as stated in this Agreement, generate an action plan to remedy those issues and begin implementing that action plan. Client understands that some operational issues cannot be fully remedied in 14 days and when that is the case, the following shall occur:
• Cloacina and Client shall agree upon a reasonable timeframe for the issue to be remedied. • Cloacina will work diligently to remedy those operational issues as quickly as possible and within the mutually agreed upon timeframe

2.10. FAILURE TO COMPLY
Should Client fail to comply with any of the above provisions, the Process Guarantee will be void from the date of Client’s non-compliance. From that date forward, Cloacina will not be responsible for any of the following: system upsets, effluent violations, Client’s inability to reuse effluent, fines or other costs, including lost revenue or ancillary costs that may be incurred, including costs to repair or cure any damage to the system because of noncompliance, hauling costs, additional operations and maintenance costs and/or increased power consumption and costs.

Should the Process Guarantee become void this may also cause some or all of the Equipment Warranty to become void.
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City of Greenfield WWTP Upgrade Project – MBR Procurement August 2023 Performance Bond
495-001-100 00610-1
SECTION 00610

PERFORMANCE BOND FOR PROCUREMENT CONTRACTS
Any singular reference to Vendor, Surety, Buyer or other party shall be considered plural where applicable.

VENDOR (Name and Address): SURETY (Name and Address of Principal Place of Business):

BUYER (Name and Address):

CONTRACT
Date:

Amount:

Description (Name and Location):

BOND
Date (Not earlier than Contract Date):

Bond Number:

Amount:

Modifications to this Bond Form:

Surety and Vendor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative.

Vendor as Principal Surety
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:

Name and Title: Name and Title:
(Attach Power of Attorney)
Address:

Telephone Number:
(Space is provided below for signatures of additional parties, if required.) Vendor as Principal Surety
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:

Name and Title: Name and Title:

Address:

Telephone Number:
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1. Vendor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Buyer for the performance of the Contract, which is incorporated herein by reference. For purposes of this bond, Buyer means Buyer’s assigns, if and when Buyer has assigned the Contract.

2. If Vendor performs the Contract, Surety and Vendor have no obligation under this Bond, except to participate in conferences as provided in paragraph 3.1.

3. If there is no Buyer Default, Surety's obligation under this Bond shall arise after:

3.1. Buyer has notified Vendor and Surety pursuant to
paragraph 10 that Buyer is considering declaring a
Vendor Default and has requested and attempted to
arrange a conference with Vendor and Surety to be held
not later than 15 days after receipt of such notice to
discuss methods of performing the Contract. (If Buyer,
Vendor and Surety agree, Vendor shall be allowed a
reasonable time to perform the Contract, but such an
agreement shall not waive Buyer's right, if any,
subsequently to declare a Vendor Default); and

3.2. Buyer has declared a Vendor Default and formally
terminated Vendor's right to complete the Contract.

Such Vendor Default shall not be declared earlier than
20 days after Vendor and Surety have received notice as provided in paragraph 3.1; and

3.3. Buyer has agreed to pay the Balance of the Contract Price to:

1. Surety in accordance with the terms of the Contract;

2. Another Vendor selected pursuant to paragraph 4.3
to perform the Contract.

4. When Buyer has satisfied the conditions of paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions:

4.1. Arrange for Vendor, with consent of Buyer, to perform and complete the Contract; or

4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors;
or

4.3. Obtain bids or negotiated proposals from qualified Vendors acceptable to Buyer for a contract for
performance and completion of the Contract, arrange
for a contract to be prepared for execution by Buyer and Vendor selected with Buyer's concurrence, to be
secured with performance and payment bonds
executed by a qualified surety equivalent to the Bonds
issued on the Contract, and pay to Buyer the amount of
damages as described in paragraph 6 in excess of the
Balance of the Contract Price incurred by Buyer
resulting from Vendor Default; or

4.4. Waive its right to perform and complete, arrange for completion, or obtain a new Vendor, and with
reasonable promptness under the circumstances,
either:

1. determine the amount for which it may be liable to
Buyer and, as soon as practicable after the amount
is determined, tender payment therefor to Buyer; or

2. deny liability in whole or in part and notify Buyer citing reasons therefor.

5. If Surety does not proceed as provided in paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Buyer to Surety demanding that Surety perform its
obligations under this Bond, and Buyer shall be entitled to enforce any remedy available to Buyer. If Surety proceeds as provided in paragraph 4.4, and Buyer refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Buyer shall be entitled to enforce any remedy available to Buyer.

6. After Buyer has terminated Vendor's right to complete the Contract, and if Surety elects to act under paragraph 4.1, 4.2, or

4.3, then the responsibilities of Surety to Buyer shall not be greater than those of Vendor under the Contract, and the responsibilities of Buyer to Surety shall not be greater than those of Buyer under the Contract. To a limit of the amount of this Bond, but subject to commitment by Buyer of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for:

6.1. The responsibilities of Vendor for correction or
replacement of defective Goods and Special Services
and completion of the Contract;

6.2. Additional legal, design professional and delay costs resulting from Vendor's Default, and resulting from the actions or failure to act of Surety under paragraph 4; and

6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by
delayed performance or non-performance of Vendor.

7. Surety shall not be liable to Buyer or others for obligations of Vendor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Buyer or its heirs, executors, administrators, successors, or assigns.

8. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations.

9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Goods and Services are located and shall be instituted within two years after Vendor Default or within two years after Vendor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

10. Notice to Surety, Buyer or Vendor shall be mailed or delivered to the address shown on the signature page.

11. When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where the Goods were to be delivered and the Special Services were to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

12. Definitions.

12.1. Balance of the Contract Price: The total amount
payable by Buyer to Vendor under the Contract after
all proper adjustments have been made, including
allowance to Vendor of any amounts received or to be
received by Buyer in settlement of insurance or other
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Claims for damages to which Vendor is entitled,
reduced by all valid and proper payments made to or
on behalf of Vendor under the Contract.

12.2. Contract: The agreement between Buyer and Vendor
identified on the signature page, including all Contract Documents and changes thereto.

12.3. Vendor Default: Failure of Vendor, which has neither been remedied nor waived, to perform or otherwise to
comply with the terms of the Contract.

12.4. Buyer Default: Failure of Buyer, which has neither been remedied nor waived, to pay Vendor as required
by the Contract or to perform and complete or comply
with the other terms thereof.

**END OF SECTION**
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City of Greenfield WWTP Upgrade Project – MBR Procurement August 2023 Payment Bond
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SECTION 00620

PAYMENT BOND FOR PROCUREMENT CONTRACTS
Any singular reference to Vendor, Surety, Buyer or other party shall be considered plural where applicable.

VENDOR (Name and Address): SURETY (Name and Address of Principal Place of Business):

BUYER (Name and Address):

CONTRACT
Date:

Amount:

Description (Name and Location):

BOND
Date (Not earlier than Contract Date):

Bond Number:

Amount:

Modifications to this Bond Form:

Surety and Vendor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative.
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Vendor as Principal Surety
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:

Name and Title: Name and Title:
(Attach Power of Attorney)
Address:

Telephone Number:
(Space is provided below for signatures of additional parties, if required.) EJCDC No. P-615 (2000 Edition)
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1. Vendor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Buyer to pay for labor, materials and equipment furnished for use in the performance of the Contract, which is incorporated herein by reference. For purposes of this bond, Buyer means Buyer’s assigns, if and when Buyer has assigned the Contract.

2. With respect to Buyer, this obligation shall be null and void if Vendor:

2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and

2.2. Defends, indemnifies and holds harmless Buyer from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in
the performance of the Contract, provided Buyer has
promptly notified Vendor and Surety (at the addresses
described in paragraph 12) of any claims, demands,
liens or suits and tendered defense of such claims,
demands, liens or suits to Vendor and Surety, and
provided there is no Buyer Default.

3. With respect to Claimants, this obligation shall be null and void if Vendor promptly makes payment, directly or indirectly, for all sums due.

4. Surety shall have no obligation to Claimants under this Bond until:

4.1. Claimants who are employed by or have a direct
contract with Vendor have given notice to Surety (at the addresses described in paragraph 12) and sent a copy,
or notice thereof, to Buyer stating that a claim is being made under this Bond and, with substantial accuracy,
the amount of the claim.

4.2. Claimants who do not have a direct contract with
Vendor:

1. Have furnished written notice to Vendor and sent a
copy, or notice thereof, to Buyer, within 90 days after having last performed labor or last furnished
materials or equipment included in the claim stating,
with substantial accuracy, the amount of the claim
and the name of the party to whom the materials
were furnished or supplied or for whom the labor was
done or performed; and

2. Have either received a rejection in whole or in part from Vendor or not received within 30 days of
furnishing the above notice any communication from
Vendor by which Vendor had indicated the claim will
be paid directly or indirectly; and

3. Not having been paid within the above 30 days, have
sent a written notice to Surety and sent a copy, or
notice thereof, to Buyer stating that a claim is being
made under this Bond and enclosing a copy of the
previous written notice furnished to Vendor.

5. If a notice required by paragraph 4 is given by Buyer to Vendor or to Surety, that is sufficient compliance.

6. When a Claimant has satisfied the conditions of paragraph 4, Surety shall promptly and at Surety’s expense take the following actions:

6.1. Send an answer to the Claimant, with a copy to Buyer, within 45 days after receipt of the claim, stating the
amounts that are undisputed and the basis for
challenging any amounts that are disputed.

6.2. Pay or arrange for payment of any undisputed amounts.

7. Surety’s total obligation shall not exceed the amount of this Bond, and the amount of this bond shall be credited for any payments made in good faith by Surety.

8. Amounts owed by Buyer to Vendor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond. By Vendor furnishing and Buyer accepting this Bond, they agree that all funds earned by Vendor in the performance of the Contract are dedicated to satisfy obligations of Vendor and Surety under this Bond, subject to Buyer’s priority to use the funds for the completion of the furnishing the Goods and Special Services.

9. Surety shall not be liable to Buyer, Claimants or others for obligations of Vendor that are unrelated to the Contract. Buyer shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.

10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations.

11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Goods relevant to the claim are located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or paragraph

4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

12. Notice to Surety, Buyer or Vendor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Buyer or Vendor, however,
accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page.

13. When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory Bond and not as a common law bond.

14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Vendor shall promptly furnish a copy of this Bond or shall permit a copy to be made.

15. Definitions

15.1. Claimant: An individual or entity having a direct contract with Vendor or with a Subcontractor of Vendor to furnish labor, materials or equipment for use in the
performance of the Contract. The intent of this Bond
shall be to include without limitation in the terms “labor, materials or equipment” that part of water, gas, power, 118
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light, heat, oil, gasoline, telephone service or rental equipment used in the Contract, architectural and
engineering services required for furnishing the Goods
and Special Services by Vendor and Vendor’s
Subcontractors, and all other items for which a
mechanic’s lien may be asserted in the jurisdiction
where the labor, materials or equipment were furnished.

15.2. Contract: The agreement between Buyer and Vendor
identified on the signature page, including all Contract Documents and changes thereto.

15.3. Buyer Default: Failure of Buyer, which has neither been remedied nor waived, to pay Vendor as required by the
Contract or to perform and complete or comply with the
other terms thereof.
**END OF SECTION**
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SECTION 00700

PROCUREMENT GENERAL CONDITIONS

TABLE OF ARTICLES
ARTICLE 1 Definitions and Terminology
ARTICLE 2 Preliminary Matters
ARTICLE 3 Contract Documents: Intent and Amending
ARTICLE 4 Bonds and Insurance
ARTICLE 5 Vendor’s Responsibilities
ARTICLE 6 Shipping and Delivery
ARTICLE 7 Changes Schedules and Delay
ARTICLE 8 City’s Rights and Responsibilities
ARTICLE 9 Engineer’s Rights and Responsibilities
ARTICLE 10 Payment
ARTICLE 11 Cancellation, Suspension and Termination
ARTICLE 12 Licenses and Fees
ARTICLE 13 Dispute Resolution
ARTICLE 14 Miscellaneous
1ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 General
A. Wherever used in these Procurement General Conditions, hereafter referred to as General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof.

B. Defined Terms:

1. Addenda: Written or graphic instruments issued prior to the opening of Bids, which clarify, correct, or change the Bid Documents or the Contract Documents.

2. Agreement: See Procurement Agreement

3. Application for Payment: The form accepted by the Engineer which is to be used by the Vendor in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents.

4. As Approved: The words "as approved", unless otherwise qualified, shall be understood to be followed by the words "by the Engineer".

5. As Shown, As Indicated: The words "as shown" and "as indicated" shall be understood to be followed by the words "on the Drawings".

6. Backwash: The periodic reversal of flow through a filter which may be accompanied by water in conjunction with air or oxidants at a low concentration (less than 10 mg/L of total chlorine) generally associated with the intermittent waste stream (every 15 to 90 120
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minutes) from an ultrafiltration or microfiltration membrane system used to remove particulate matter.

7. Bidder: Any person, firm, or corporation submitting a Bid for providing the Goods and Special Services.

8. Bid: The offer or Bid of the Bidder submitted on the prescribed form setting forth the price(s) for furnishing the Goods and Special Services.

9. Bid Documents: Invitation to Bidders or advertisement, if any, Procurement Instructions to Bidders, other Bid information and requirements, Bid forms and attachments, contract and Bond forms, and the proposed Contract Documents, including any Addenda issued prior to receipt of Bids.

10. Bidders Equipment: describes equipment that has been designed by, manufactured by or fabricated specifically for and supplied by the Vendor in fulfillment of the contract.

11. Bonds: Payment and Performance Bonds and other instruments of security.

12. Buyer: the same as City, or Contractor, once the contract is assigned.

13. Calendar Day: See Day

14. Change Order: A written order to the Vendor signed by the City authorizing an addition, deletion, or revision in the Goods or Special Services, or an adjustment in the Contract Price or the Contract Time issued after the Effective Date of the Procurement Agreement.

15. Chemical Washing: The periodic (initiated by time or volume throughput) application of a concentrated chemical solution at high concentration (i.e. more than 10 mg/L of free chlorine or the addition of an acid which results in a pH of less than 4 or the addition of a base that results in a pH of greater than 10) to a membrane for a short duration of time (twice per day maximum for a total duration including rinsing of less than 60 minutes) for the intended purpose of maintaining membrane permeability or reducing membrane fouling by a factor of less than 33 percent (for at least 80 percent of the observed occurrences) of the total amount of fouling that may be observed by the membrane.

16. Claim: A written demand or assertion by the City or Vendor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract.

17. Clean In Place: The periodic application of a concentrated chemical solution at high concentration (i.e. more than 10 mg/L of free chlorine or the addition of an acid which results in a pH of less than 4 or the addition of a base that results in a pH of greater than 10, or the exposure of the membrane to a surfactant or enzymatic cleaning agent) for the intended purpose of removing membrane fouling materials to the greatest extent possible.

18. City: City of Greenfield, CA
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19. Contract: The entire and integrated written agreement between Buyer and Vendor concerning the Goods and Special Services. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral.

20. Contract Documents: The Procurement Agreement, Addenda (which pertain to the Contract Documents), Vendor’s Bid, and any post-Bid documentation when attached as an exhibit to the Procurement Agreement, the Bonds, insurance certificates, these General Conditions, the Specifications, and the Drawings, together with all Modifications issued after execution of the Procurement Agreement.

21. Contractor: The person, firm, or corporation with whom the City has entered into contract for installation of the Goods.

22. Contract Price: The monies payable by the City, and the Contractor, once the Contract is assigned, to the Vendor under the Contract Documents as stated in the Procurement Agreement.

23. Contract Time: The dates or milestones stated in the Procurement Agreement for furnishing the Goods and Special Services.

24. Contract Year: A period of 365 calendar days or 366 days every 4th year beginning with year 2000.

25. Component Equipment: describes any item of equipment that is designed and fabricated or manufactured by others but incorporated by and supplied by the Vendor in fulfillment of the Contract.

26. Day: The word “day” or “calendar day” shall constitute twenty-four (24) hours measured from midnight to the next midnight.

27. Defective: See Non-Conforming

28. Drawings: The Drawings which show the character and scope of the Goods to be furnished and which have been prepared or approved by the Engineer and are referred to in the Contract Documents.

29. Drawing Clarification/Plan Clarification: An answer from the City or Engineer, in response to an inquiry from the Vendor, intended to make the requirement(s) of the drawings or plans clearly understood. Drawing clarifications or plan clarifications may be sketches, drawings or in narrative form and will not change any requirements of the drawings or plans. Responses to the Vendor’s inquiries shall be as outlined in Section 9.02 of these Procurement General Conditions.

30. Effective Date of the Procurement Agreement: The date indicated in the Procurement Agreement on which the Agreement becomes effective, or if no date is indicated, the date on which the Procurement Agreement is signed and delivered by the last of the two parties to sign and deliver.

31. Engineer: HydroScience Engineers, Inc, or any other individual, firm or corporation designated in writing by the City to act as its representative in connection with providing the Goods and Special Services in accordance with the Contract Documents. 122
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32. 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.

33. Final Acceptance: Refers to such time as the Vendor has fulfilled all its obligations, other than warranties and guarantees, under the Contract Documents.

34. General Requirements: Sections of Division 1, General Requirements of the Specifications.

35. Goods: All tangible property required under the Contract Documents.

36. OEM: Original Equipment Manufacturer, see Vendor.

37. Module: A grouping of hollow fiber membranes that are secured into a common potting compound.

38. Milestone: a date or Point in the sequencing of the Project where completion of a portion of the contract for the supply of goods or the Delivery of Special Services is achieved.

39. Non-Conforming: Goods and Special Services that fail to conform to the requirements of the Contract Documents.

40. Notice of Acceptability: The written notice issued by the Engineer that the Vendor has furnished all Goods and Special Services, and delivered all maintenance and operating instructions, schedules, guarantees, certificates of inspection, and other documents as required by the Contract Documents.

41. Notice of Award: The written notice by Buyer to the apparent Successful Bidder stating that upon timely compliance by the apparent Successful Bidder with the conditions precedent listed therein, Buyer will sign and deliver the Agreement.

42. Notice to Commence Fabrication: A written notice given by Buyer to Vendor fixing the date(s) on which the Contract Times for the production and delivery of Goods commence to run and on which Vendor shall start to perform under the applicable portion of the Contract.

43. Notice of Completed Commissioning: The written notice issued by the Engineer indicating that the Vendor has completed the commissioning of the membrane system.

The notice shall indicate that the Engineer has reviewed the status of membrane system commissioning to its satisfaction, identified items to be corrected, and that those items that require correction by the Vendor have been successfully completed as to allow training of the City’s Operational and Maintenance Personnel to commence.

44. Notice of Completed Installation: The written notice issued by the Engineer that the Vendor has reviewed the installation of the Goods and identified all item to be corrected and that those items that require correction by the Contractor have been completed as to allow Commissioning of the membrane system to commence. 123
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45. Notice of Completed Training: The written notice issued by the Engineer that the Vendor has completed training of the City’s as a prerequisite to Acceptance Testing of the membrane system.

46. Notice of Contract Completion: The written notice signed by both parties that effectively ends the contractual arrangement for the supply and delivery of membrane equipment, but retains the continuing obligations (e.g. provisions of the membrane warranty) established in the Procurement Documents.

47. Notice to Proceed: A written notice given by the City to Vendor fixing the date on which the Contract Times commence to run and on which Vendor shall start to perform under the Contract.

48. Notice of Substantial Completion: The written notice issued by the Engineer to the Vendor that Acceptance Testing has been successfully completed.

49. Or Equivalent: The term "or equivalent" (or the term “or equal”) shall be understood to indicate that the "equivalent" product is the same or better than the product named in function, performance, reliability, quality, and general configuration. Determination of equality in reference to the project design requirements will be made by the Engineer.

Such "equivalent" products shall not be purchased or installed by the Contractor without the Engineer's written approval.

50. Phase: Separate portions of the Project, each of which is subject to City obtaining funds before Vendor is authorized to proceed.

51. Point of Destination: The place designated in the Procurement Agreement where the Goods are to be delivered.

52. Procurement Agreement: The written Agreement between the City and the Vendor covering the furnishing of the Goods and Special Services and other services in connection therewith. Other Contract Documents are attached to the Procurement Agreement and made a part thereof as provided therein.

53. Procurement Manual: See Project Manual

54. Procurement Supplementary Conditions: Modifications and additions to the General Conditions.

55. Project: The total undertaking of which the Goods and Special Services to be provided under the Contract are a part.

56. Project Manual: The bound documentary information prepared for Bid and the furnishing of the Goods and Special Services. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents.

57. Samples: Physical examples furnished by the Vendor to illustrate materials, equipment, or workmanship and to establish standards by which some portion of the Goods will be judged.
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58. Seller: The person, firm, or corporation with whom City has entered into the Procurement Agreement to furnish Goods and Special Services. See Vendor.

59. Shop Drawings: All drawings, diagrams, illustrations, schedules, and other data, which are specifically prepared by or for the Vendor to illustrate some portion of Goods.

60. Special Services: Services to be furnished by the Vendor as required by the Contract Documents.

61. Special Engineering Services: The preparation and delivery of shop drawings and other submittals required by the City.

62. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Goods and Special Services, and certain administrative details applicable thereto.

63. Submittal: Any documentation specifically prepared by or for the Vendor and provided to the City to illustrate fulfill with the requirements of the Contract. Examples of submittals include but are not limited to Applications for Payment, Bonds, Change Orders, Certificates, Manuals, Samples, Shop Drawings, and Schedules.

64. Successful Bidder: The Bidder submitting a responsive Bid, to whom the City makes an award.

65. System: Hollow fiber membrane filtration system equipment. The System is comprised Units and ancillary equipment.

66. Unit(s): A Unit is an assembly of equipment that includes piping, valves, instrumentation, controls, ancillary equipment, appurtenances, support systems, and filtration modules required to treat the raw water.

67. Train: A grouping of membrane filtration units that share common ancillary equipment.

68. Vendor: Package MBR Treatment Facility Supplier. See Seller.

69. Work: A general description for providing Goods and Special Services as required by the Contract Documents.

70. Working Days: is used to describe traditionally accepted business workdays of Monday through Friday inclusive, exclusive of any official organizational or official government holidays for the applicable organization.

71. Written Amendment: A written statement modifying the Contract Documents, signed by Buyer and Vendor on or after the Effective Date of the Agreement and normally dealing with the administrative aspects of the Contract Documents.

1.02 Terminology
A. Intent of Contract Terms or Adjectives
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1. The Contract Documents include the terms "as allowed," "as approved", "as ordered," "as directed," "as required," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory" or adjectives of like effect or import are used to describe an action of the City or the Engineer as to the Goods and Special Services. It is intended that such exercise the professional judgment; action or determination will be solely to evaluate the Goods and Special Services for compliance with the Contract Documents (unless there is a specific statement indicating otherwise).

The use of any such term or adjective is not intended to and shall not indicate that the City or the Engineer shall have authority to supervise or direct any of the Vendor’s operations or activities.

2. Unless stated otherwise in the Contract Documents, words or phrases, which have a well-known technical or construction industry meaning, are used in the contract documents in accordance with such recognized meaning.

3. The word non-conforming when modifying the words “Goods” or “Special Services” refers to Goods or Special Services that fail to conform to the Contract Documents.

4. The word receipt when referring to Goods shall mean taking physical possession by the City under the conditions specified in Paragraph 8.01.B.3.

B. Day

1. The word day shall constitute a calendar day of 24 hours measured from midnight to the next midnight.
2ARTICLE 2 - PRELIMINARY MATTERS

2.01 Delivery of Bonds and Certificates of Insurance
A. When Vendor delivers the executed Agreements to the City, Vendor also shall deliver such bonds and certificates of insurance as Vendor may be required to furnish.

2.02 Copies of Documents
A. City shall furnish Vendor up to five copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction.

2.03 Commencement of Contract Times
A. The Contract Times will commence to run on the Effective Date of the Agreement.

2.04 Designated Representatives
A. City and Vendor 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.

2.05 Before Starting Fabrication / Assembly of Goods
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A. Vendor’s Review of Contract Documents: Before commencing performance of the Contract, Vendor shall carefully study and compare the Contract Documents and check and verify pertinent requirements therein and, if specified, all applicable field measurements. Vendor shall promptly report in writing to City and Engineer any conflict, error, omissions, ambiguity or discrepancy which Vendor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any work affected thereby.

2.06 Progress Schedule – Not Used

2.07 Preliminary Conference
A. Within 14 days after the Effective Date of the Agreement, a conference attended by Vendor, City, 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 Article 5 of Section 500, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 3ARTICLE 3 - CONTRACT DOCUMENTS: INTENT AND AMENDING

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 the intended result will be provided, whether or not specifically called for, at no additional cost to City.

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.

3.02 Laws and Regulations, Standards, Specifications and Codes A. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws and Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws and Regulations in effect at the Bid Opening Time (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

B. No provision of any such standard, specification, manual or code, or any instruction of a supplier shall be effective to change the duties or responsibilities of City or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to City or Engineer, or any of their consultants, agents, or employees any duty or authority to supervise or direct the performance of Vendor's obligations or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.

C. OSHA Requirements - All work under this Contract shall be performed in accordance with all applicable safety codes, ordinances and other regulations. Particular emphasis shall be 127
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given to the applicable regulations of the State of California promulgated pursuant thereto.

For purposes of this Contract neither the City, nor the Engineer, nor their respective officers, employees, consultants and inspectors are to be considered experts in safety, and all safety will be the responsibility of the Vendor. The Vendor shall review its work for compliance with applicable safety requirements and notify the City and the Engineer if there are specific requirements of the Goods that require modifications to the plans and specifications to address safety considerations of the Vendor’s Goods. This responsibility shall include public safety as well as workers' safety.

3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies: If, during the performance of the Contract, Vendor discovers any conflict, error, omission, 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 or of any standard, specification, manual or code, or of any instruction of any supplier, Vendor shall promptly report it to City in writing for Engineer's review. Vendor shall not proceed with the furnishing of the Goods or Special Services affected thereby until an amendment to or clarification of the Contract Documents has been issued. Vendor shall not be liable to City or Engineer for failure to report any such conflict, error, omission, ambiguity, or discrepancy unless Vendor knew or reasonably should have known thereof.

B. Resolving Discrepancies: Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, omission, ambiguity, or discrepancy between the provisions of the Contract Documents and:

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)

3.04 Amending and Clarifying Contract Documents
A. The Contract Documents may be amended to provide for additions, deletions, and revisions to the Goods or Special Services or to modify the terms and conditions thereof by a Written Amendment or a Change Order.

B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Goods or Special Services not affecting Contract Price or Contract Times may be authorized, by one or more of the following ways: 1) a Field Order; 2) Engineer's approval of a Shop Drawing pursuant to Paragraph 5.06.D.2; or 3) Engineer's written interpretation or clarification.

C. If the work is reduced by alterations, such actions shall not constitute a claim for damages based on loss of anticipated profits.
4ARTICLE 4 - BONDS AND INSURANCE
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4.01 Bonds
A. Vendor shall furnish a Performance Bond(s) and Payment Bond, in an amount at least equal to the applicable portion of the Contract Price, to the City. The bonds shall be delivered in accordance with Paragraph 2.05 of the Agreement and shall remain in effect at least one year after the date final payment is due, except as provided otherwise by Laws or Regulations or as a requirement of the bond coverage. Bonds are subject to the assignment provisions in the Procurement Agreement.

B. The bonds shall be issued in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by a surety 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 by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury.

Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act.

C. If the surety on a bond is declared bankrupt or becomes insolvent or its right to do business is terminated in the state where the Project is located or it ceases to meet the requirements of Paragraph 4.0l.B, Vendor shall provide another bond and surety which comply with those requirements within 20 days, at Vendor's expense.

4.02 Insurance:

A. Vendor shall provide insurance of the types and required.

B. Vendor shall purchase and maintain such liability and other insurance as is appropriate for the furnishing of Goods and Special Services and as will provide protection from claims set forth below which may arise out of or result from Vendor’s furnishing of the Goods or Special Services and Vendor’s other obligations under the Contract Documents, whether the furnishing of Goods or Special Service, or other obligations are to be performed by Vendor, any subcontractor or supplier, or by anyone directly or indirectly employed by any of them to furnish the Goods or Special Services, or by anyone for whose acts any of them may be liable:

1. claims under workers compensation, disability benefits, and other similar employee benefit acts;

2. claims for damages because of bodily injury, occupational sickness or disease, or death of Vendor’s employees;

3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Vendor’s employees;

4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by Vendor, or (ii) by any other person for any other reason;
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5. claims for damages, other than to the Goods, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and unless otherwise provided in the Procurement Supplementary Conditions, the Vendor shall assume all risk of loss or damage to the Goods prior to the receipt thereof at the Point of Destination. The Vendor shall also purchase and maintain insurance on the Goods during the process of fabrication and while in transit to ensure against the perils of fire, as well as extended coverage including "all risk" insurance for physical loss and damage, including theft, vandalism and malicious mischief, collapse, water damage, and such other perils and as the Vendor deems appropriate.

6. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle.

C. The policies of insurance so required by this Paragraph 4.02 to be purchased and maintained shall:

1. with respect to insurance required by Paragraphs 4.02.B.3 through 4.02B.6. inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) City, Engineer, their consultants, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby. Insurance is subject to the assignment provisions in the Procurement Agreement.

2. include at least the specific coverages and be written for not less than the limits of liability provided below or required by Laws or Regulations, whichever is greater

3. include completed operations insurance

4. include contractual liability insurance covering Vendor’s indemnity obligations

5. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days prior written notice has been given to City and Vendor and to each other additional insured identified in these General Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Vendor pursuant to Paragraph 4.02.E will so provide)

6. remain in effect at least until final payment and at all times thereafter when Vendor may be correcting, removing, or replacing non-conforming Goods in accordance with Paragraph 8.03; and

7. with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, remain in effect for at least one year after final payment (and Vendor shall furnish Buyer and each other additional insured identified in these General Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Buyer and any such additional insured of continuation of such insurance at final payment and one year thereafter)
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D. The limits of liability for the insurance required by Paragraph 4.02.B shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations:

1. Workers’ Compensation, and related coverages under Paragraphs 4.02.B.1 and B.2:
a. State: California - Statutory
b. Employer’s Liability: $ 1,000,000

2. Vendor’s General Liability under Paragraphs 4.02.B.3 through B.6 which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Vendor:
a. General Aggregate $ 2,000,000
b. Products – Completed Operations Aggregate $ 2,000,000 c. Personal and Advertising Injury $ 2,000,000
d. Each Occurrence (Bodily Injury and Property Damage) $ 2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable.
f. Excess or Umbrella Liability
1) General Aggregate $ 3,000,000
2) Each Occurrence $ 3,000,000
3) The Contractual Liability coverage required by Paragraph 4.02.C.4 shall provide coverage for not less than the following amounts:

Bodily Injury:
(1) Each Accident $ 2,000,000
(2) Annual Aggregate $ 3,000,000
Property Damage:
(3) Each Accident $ 1,000,000
(4) Annual Aggregate $ 2,000,000
E. Vendor shall deliver to City, with copies to each additional insured identified, certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Vendor is required to purchase and maintain.

F. All policies shall provide thirty (30) days written notice prior to any cancellation or nonrenewal of insurance policies required herein. Such written notice shall be given to the City. “Will endeavor” and “but failure to mail such notice shall impose no obligation or liability of 131
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any kind upon the Company, its agents, or representatives” wording is to be deleted from certificates.

G. The Vendor agrees to waive all right of subrogation against the City, its elected officials, its officers, its employees, officers and its agents for the work performed under this Agreement.

H. All required insurance shall be submitted to the City with the signed Agreement. Insurance shall be maintained by the Vendor in full force and effect during the entire period of performance under contract. Failure to do so shall be cause for termination of the contract.

I. The City reserves the right to review insurance coverage requirements and to require more or less insurance depending upon assessment of the risk of exposure, the Vendor’s past experience, and the availability and affordability of increased liability insurance coverage. 5ARTICLE 5 - VENDOR'S RESPONSIBILITIES

5.01 Supervision and Coordination:

A. Vendor shall be solely responsible for the means, methods, techniques, sequences, and procedures used in performing its obligations. Vendor shall be responsible to see that the completed Goods and Special Services conform to the Contract Documents.

B. The Vendor shall designate in writing to the City and Engineer a person with authority to act on behalf of the Vendor with respect to the Vendor’s obligations under the Contract Documents, and all communications given to or received from that person will be binding on the Vendor.

5.02 Labor, Materials, Equipment, and Workmanship:

A. Vendor shall provide competent, qualified, and trained personnel in all aspects on its performance of the Contract.

B. All equipment, products and material incorporated into the Goods shall be as specified, or if not specified, shall be new, of good quality and protected, assembled, used, connected, applied, cleaned and conditioned in accordance with the original manufacturer's instructions, except as otherwise may be provided in the Contract Documents.

5.03 Compliance with Laws and Regulations, Standards Specifications and Codes A. Vendor shall comply with all Laws and Regulations applicable to the furnishing of the Goods and Special Services.

B. Build America, Buy America (BABA) Act

1. The Vendor acknowledges to and for the benefit of the City (“Owner”) and the Clean Water State Revolving Fund (the “Funding Authority”) that it understands the goods and services under this Agreement are being funded with federal monies and have statutory requirements commonly known as “Build America, Buy America;” that requires all of the iron and steel, manufactured products, and construction materials used in the project to be produced in the United States (“Build America, Buy America Requirements”) including iron and steel, 132
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manufactured products, and construction materials provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Owner and Funding Authority (a) the Contractor has reviewed and understands the Build America, Buy America Requirements, (b) all of the iron and steel, manufactured products, and construction materials used in the project will be and/or have been produced in the United States in a manner that complies with the Build America, Buy America Requirements, unless a waiver of the requirements is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the Build America, Buy America Requirements, as may be requested by the Owner or the Funding Authority. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Owner or Funding Authority to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the Owner or Funding Authority resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the Funding Authority or any damages owed to the Funding Authority by the Owner). If the Contractor has no direct contractual privity with the Funding Authority, as a lender or awardee to the Owner for the funding of its project, the Owner and the Contractor agree that the Funding Authority is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the Funding Authority.

C. Disadvantaged Business Enterprise Subcontractors

1. The vendor shall not discriminate on the basis of race, color, national origin or sex in their performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the vendor to carry out these requirements is a material breach of this contract which may result in the termination of this contract.

D. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Vendors and subs is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Vendor advance written notice of such termination, allowing Vendor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

E. Vendors are prohibited from obligating or expending loan or grant funds to:

1. Procure or obtain;
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2. Extend or renew a contract to procure or obtain; or

3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
a. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
b. Telecommunications or video surveillance services provided by such entities or using such equipment.
c. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

5.04 “or-Equals”:

A. Whenever an item of material or equipment (including equipment defined as component equipment or Vendor’s equipment) to be incorporated into the Goods is 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 substitution of 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 City for Engineer's review.

1. If in Engineer's sole discretion, such an item of material or equipment proposed by Vendor is functionally equal to that named and sufficiently similar so that no change in related work will be required, it may be considered by Engineer as an "or-Equal" item.

2. For the purposes of this paragraph, a proposed item of material or equipment may be considered functionally equal to an item so named if:
a. in the exercise of reasonable judgment, Engineer determines that: 1) it is at least equal in quality, durability, appearance, strength, and design characteristics; and 2) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole; and b. Vendor certifies that: 1) there is no increase in any cost including capital, installation or operating to City; 2) the proposed item will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract 134
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Documents; 3) the evaluation and acceptance of the proposed substitute will not prejudice the timely delivery of the Goods, and 4) the substitute in connection with production of the Goods is subject to payment of any license fee or royalty.

B. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each Bid or submittal made pursuant to Paragraph 5.04.A. Engineer will be the sole judge of acceptability. 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 City and Vendor in writing of any negative determination. Notwithstanding Engineer's approval of an "or-equal" item, Vendor shall remain obligated to comply with the requirements of the Contract Documents.

C. Special Guarantee: City may require Vendor to furnish at Vendor's expense a special performance guarantee or other surety with respect to any such proposed "or-equal." D. Data: Vendor shall provide all data in support of any such proposed "or-equal" at Vendor's expense.

5.05 Taxes and Duties:

A. Vendor 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.

5.06 Shop Drawings and Samples:

A. Vendor shall submit Shop Drawings and Samples to Engineer for Engineer’s and City’s review and approval with such promptness as to cause no delay in the timely production of the Goods, and in accordance with the schedule required by the Contract Documents. 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 Vendor proposes to provide.

B. Where a Shop Drawing or Sample is required by the Contract Documents, any related work performed prior to Engineer's approval of the pertinent submittal and issuance of a “Notice to Commence Fabrication” will be at the sole expense and responsibility of Vendor.

C. Submittal Procedures

1. Before submitting each Shop Drawing or Sample, Vendor shall have determined and verified:
a. all field measurements (if required), quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; and
b. that all materials are suitable with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the furnishing of Goods and Special Services.
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2. Vendor shall also have reviewed and coordinated each Shop Drawing or Sample with the Contract Documents.

3. Each submittal shall include a written certification from Vendor that Vendor has reviewed the subject submittal and confirmed that it is in compliance with the requirements of the Contract Documents. Both City and Engineer shall be entitled to rely on such certification from Vendor.

4. With each submittal, Vendor shall give City 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

1. Engineer will provide timely review of Shop Drawings and Samples. Such review and/or approval will not extend to design data reflected in the Shop Drawings, which is peculiarly within the special expertise of the Vendor or any party for whom the Vendor is responsible. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

2. Engineer's approval of Shop Drawings or Samples will be subject to the standard of Paragraph 1.02.A1. Engineer's approval will not relieve Vendor from responsibility for any variation from the requirements of the Procurement Documents unless Vendor has in writing called Engineer's attention to each such variation at the time of each submittal as required by 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 approval.

3. Engineers review shall for Shop Drawings and Samples designated as “Revise and Resubmit” or “Rejected” shall be completed within 15 working days after receipt of Shop Drawing submittals.

E. Resubmittal Procedures

1. Vendor 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. Vendor 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. Vendor shall adhere to the progress schedule established in accordance with the Contract Documents, and the Goods shall be delivered and the Special Services furnished within the Contract Times specified in the Agreement.

B. Vendor shall carry on the work and adhere to the progress schedule during all disputes or disagreements with City. No work shall be delayed or postponed pending resolution of any disputes or disagreements.

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A. Vendor warrants and guarantees to City that the title to the Goods conveyed shall be proper, its transfer rightful, and free from any security interest, lien, or other encumbrance.

B. Vendor warrants and guarantees to City that all Goods and Special Services will conform with the Contract Documents, including any Samples approved by Engineer, and the Goods will of merchantable quality and fit for the intended purpose. Engineer shall be entitled to rely on representation of Vendor's warranty and guarantee as indicated in the Contract Documents.

C. Vendor's warranty and guarantee hereunder excludes defects or damage caused by:

1. abuse, misuse, improper installation, improper modification or improper maintenance or operation by persons other than Vendor, or

2. normal wear and tear under normal usage.

D. Vendor's obligation to furnish the Goods and Special Services in accordance with the Contract Documents shall be absolute. Subject to the provisions of 8.02 below, none of the following will constitute an acceptance of Goods or Special Services that are nonconforming, or a release of Vendor's obligation to furnish the Goods and Special Services in accordance with the Contract Documents:

1. observations by City or Engineer

2. recommendation by Engineer or payment by City of any progress or final payment

3. use of the Goods by City

4. any acceptance by City (subject to the provisions of Paragraph 8.02. D. 1) or any failure to do so

5. the issuance of a notice of acceptance by City pursuant to the provisions of Article 8 of the General Conditions

6. any inspection, test or approval by others; or

7. any correction of non-conforming Goods or Special Services by City E. City shall within a reasonable time notify Vendor of any breach of Vendor's warranties or guarantees. If City receives notice of a suit or claim as a result of such breach, City also may give Vendor notice in writing to defend such suit or claim. If Vendor fails to defend such suit or claim, Vendor will be bound in any subsequent suit or claim against Vendor by City by any factual determination in the prior suit.

F. The Vendor shall submit to the City all Membrane warranty and guarantees documentation.

G. The provisions of the Vendor’s Membrane Warranty, including provisions for membrane replacement pricing, shall remain in effect as a continuing obligation.

5.09 Indemnification:
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A. To the fullest extent permitted by Laws and Regulations, Seller shall indemnify and hold harmless City, Engineer, and their officers, directors, shareholders, partners, employees, agents, consultants, contractors and subcontractors from any and all claims, costs, losses, and demands or judgments for damages for claims (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) caused by, arising out of or relating to a negligent act or omission or the breach of any obligation under this Contract by Seller, or its officers, directors, shareholders, partners, employees, agents, consultants, contractors or subcontractors, or anyone for whom Seller is responsible, provided that any such claim, cost, loss, or damage:

1. is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Goods or Special Services themselves), including the loss of use resulting therefrom; and

2. is caused in whole or in part by any negligent act or omission of Seller or any individual or entity directly or indirectly employed to furnish any of the Goods or Special Services or anyone for whose acts Seller may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity.

B. The indemnification obligations of Seller under paragraph 5.09.A shall not extend to the liability of Engineer and Engineer's consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of:

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.

5.010 Access to Goods in Production:

A. The Vendor shall provide representatives of the City, testing agencies, and governmental agencies with jurisdictional interests proper and safe access to Goods in the process of production at reasonable times as is necessary for the performance of their functions in connection with the Contract Documents.

5.011 Confidentiality of Documents:

A. Subject to the provisions of California law, all Special Services performed by the Vendor, including but not limited to all drafts, data, correspondence, Bids, reports, and estimates compiled or composed by the Vendor, pursuant to the Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to the Vendor, at the time that it was disclosed to the Vendor by the City, (b) subsequently becomes publicly known through no act or omission by the Vendor, or (c) otherwise becomes known to the 138
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Vendor other than through disclosure by the City. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City.

5.012 Industry Standards:

A. The Vendor agrees that the Special Services rendered under this Agreement shall be performed in accordance with the standards customarily adhered to by an experienced and competent professional membrane filtration equipment supply firm using the degree of care and skill exercised by reputable professionals practicing in the same field of service. Where approval by the City, the Engineer, or other representatives of the City is required, it is understood to be general approval only and does not relieve the Vendor of responsibility for complying with all applicable laws, codes, and good engineering practices.

5.013 Maintenance of Records:

A. The Vendor shall maintain books, records, logs, documents and other evidence sufficient to record all actions taken with respect to the providing of Goods and Special Services, throughout the performance of the Agreement and for a period of ten years following completion of the obligations under the Agreement. The Vendor further agrees to allow the City to inspect, copy, and audit such books, records, documents and other evidence at all reasonable times. Upon request, the Vendor agrees to provide the City with backup copies for all electronic documents generated by the Vendor in performing under the terms of this Agreement or to provide the City with proof of insurance coverage for valuable papers and records. The Vendor shall make available all requested data and records during normal business hours. Failure to make requested records available for audit by the date requested will result in the immediate termination of the Agreement.

5.014 Cleaning
A. The Vendor, while on the City’s site, shall on a daily basis remove dirt, debris, waste and rubbish from its own working area and maintain desks, offices and control stations in a professional manner and dispose of used materials in an appropriate manner. 6ARTICLE 6 - SHIPMENT AND DELIVERY

6.01 Shipping
A. Vendor shall select the carrier and bear all costs of packaging, transportation, insurance, special handling and any other costs associated with shipment and delivery.

6.02 Delivery
A. Vendor shall deliver the Goods, F. O. B. the Point of Destination within the agreed upon schedule set forth in the Agreement, or other date agreed to by City (or Contractor, if the Contract is assigned) and Vendor.

1. The City or the Contractor may, by Change Order, direct the Vendor to ship to another Point of Destination or to accelerate or postpone the delivery period.

B. Vendor shall provide written notice to City at least 15 days before shipment of the manner of shipment and the anticipated delivery date. The notice shall also include any instructions 139
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concerning special equipment or services required at the Point of Destination to unload and care for the Goods. Vendor shall also require the carrier to give City at least 24 hours notice by telephone prior to the anticipated hour of delivery.

C. The Contractor will provide facilities for receipt and unloading of the Goods at the Point of Destination. When the equipment has been received by the Contractor, title shall pass from the Vendor to the Contractor. The Contractor will not be obligated to receive any delivery of Goods, not made within the delivery window. Additional costs arising from delivery prior to or after the delivery window will be the responsibility of Vendor.

6.03 Risk of Loss
A. Risk of loss and insurable interests transfer from Vendor to Contractor upon Contractors receipt of the Goods. The Contractor shall be responsible for the unloading of the Goods and may reject Goods that visually appear to have been damaged during shipment.

B. Notwithstanding the provisions of Paragraph 6.03.A, if City rejects the Goods as nonconforming, the risk of loss on such Goods shall remain with Vendor until Vendor corrects the non-conformity or City accepts the Goods.
7ARTICLE 7 - CHANGES: SCHEDULE AND DELAY

7.01 Changes in the Goods and Special Services
A. Without invalidating the Agreement, City may at any time, without notice to any surety, make changes in the Contract Documents within the general scope of the Contract. Upon receipt of a Change Order, the Vendor shall proceed on the basis of the change involved.

B. If any such change or action by City affects the Contract Price or Contract Times, Vendor shall notify City within 10 days after the occurrence of the event giving rise thereto, and written supporting data will be submitted to City within 30 days after such occurrence. If Vendor fails to do so, Vendor waives any Claim for such adjustment.

C. Vendor shall not suspend performance while City and Vendor are in the process of making such changes and any related adjustments.

D. Change Orders prepared by the Engineer covering changes which are required by the City, or because of any request for Change Order of the Vendor for a change to the Contract Time or Contract Price, shall be in writing and shall state the dollar amount or establish the method of payment, any adjustment in contract time and when negotiated prices are involved, shall provide for the Vendor’s signature indicating acceptance using the form provided.

E. If notice to the surety of any change in the Procurement Agreement is required by the provisions of any Bond, the giving of such notice will be the Vendor’s responsibility, and the amount of each applicable Bond may be adjusted accordingly.

7.02 Changes in Laws and Regulations
A. Changes in Laws or Regulations not known at the Bid Opening Time (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of furnishing the Goods and Special Services shall be the subject of an adjustment in Contract Price or 140
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Contract Times. If City and Vendor 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.A.

7.03 Changing Contract Price or Contract Times
A. The Contract Price or Contract Times may only be changed by:

1. a Change Order;

2. a Written Amendment; or

3. a written unilateral order of City, in which case Vendor shall be entitled to an equitable adjustment in Contract Price or Contract Times for any reasonable and necessary costs or delays incurred by Vendor to accommodate such a change.

B. If Vendor 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 Vendor shall be entitled to an adjustment of the Contract Times to the extent attributable to such reason. Such reasons include fire, floods, epidemics, abnormal weather conditions, acts of God, acts of war, directions by government authority, and other like matters. If such an event occurs and delays Vendor's performance, Vendor shall notify City in writing within 10 days of the beginning of the event causing the delay, stating the reason therefore.

C. Contract Times will not be modified for delays within the control of Vendor, including labor strife, transportation shortages or delays at Vendor's facilities. Delays attributable to and within the control of Vendor's subcontractors or suppliers shall be deemed to be delays within the control of Vendor.

D. If Vendor is prevented from delivering the Goods or furnishing the Special Services within the Contract Times due to the actions or inactions of City, Vendor shall be entitled to any reasonable and necessary additional costs and time arising out of such delay to the extent directly attributable to City.

E. Neither City nor Vendor shall be entitled to any damages arising from delays which are beyond the control of both City and Vendor, including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, acts of war, direction by government authority, and other like matters.

F. Change Order Form

1. The Vendor shall use the following Change Order Form for all Change Orders associated with the Goods and Services. No additions or deletions to this form shall be allowed. 141
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CHANGE ORDER NO.*
Contract No.

TO:

You are hereby directed to comply with this Change Order.

DESCRIPTION OF CHANGE:

PAYMENT:

CONTRACT TIME:

ACCEPTANCE:

Vendor accepts the terms and conditions stated above as full and final settlement of any and all claims arising from this Change Order and acknowledges that the compensation (time and cost) set forth in the Change Order comprises the total compensation due for the change defined in the Change Order, including all impact on any unchanged work. By signing the Change Order, the Vendor acknowledges and agrees that the stipulated compensation includes payment for all Goods and Services contained in the Change Order, plus all payment for the interruption of schedules, extended overhead costs, delay, and all impact, ripple effect or cumulative impact under this Contract. The signing of the Change Order acknowledges full mutual accord and satisfaction for the change, and that the time and/or cost under the Change Order constitute the total equitable adjustment owed the Vendor as a result of the change. The Vendor agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of or as a result of this Change Order or the impact of this Change Order on the remainder Goods and Services to be provided in fulfillment of this contract.

Vendor agrees to perform the above-described work in accordance with the above terms and in compliance with applicable sections of the Contract Documents.

This Change Order is hereby agreed to, accepted and approved, all in accordance with the General Conditions of the Contract Documents.
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City of Greenfield, CA VENDOR
By: _______________ By: __________

Title:____________________________ Title: __________

Date: ___ _ Date: ______ ________

FILE. __________________
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8ARTICLE 8 - CITY'S RIGHTS AND RESPONSIBILITIES

8.01 Inspection and Testing
A. General

1. City shall have the right to perform, or cause to be performed, reasonable inspections and require reasonable tests of the Goods at Vendor ’s facilities, and at the Point of Destination. Vendor shall allow City a reasonable time to perform such inspections or tests.

2. Vendor shall bear all expenses, except for travel, lodging and subsistence expenses of City's representatives, for inspections and tests at Vendor's facility. City shall be entitled to reimbursement from Vendor for travel, lodging and subsistence expenses of City's representatives if as the result of an inspection, the Goods are determined to be nonconforming and subsequent inspections at the Vendor’s facility are required.

3. Vendor shall bear all expenses, for inspections and tests at the Point of Destination, but Vendor shall be entitled to reimbursement from City for Vendor’s expenses for reinspection or retesting if, on the basis of an initial inspection or testing, the installation of the Goods are determined to be improper or incomplete.

4. Vendor shall provide City 14 days written notice of the readiness of the Goods for all inspections, tests, or approvals which the Contract Documents specify are to be observed by City prior to shipment.

5. City will give Vendor 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, City will give Vendor prompt notice thereof. If on the basis of said inspections or testing, the Goods appear to be non-conforming, City will give Vendor prompt notice thereof and will advise Vendor of the remedy City elects under the provisions of Paragraph 8.02.

7. Neither payments made by City to Vendor prior to any tests or inspections, nor any tests or inspections shall constitute acceptance of non-conforming Goods, or prejudice City's rights under the Contract.

B. Inspection on Delivery

1. City or Engineer will 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 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 10 days of such inspection, City shall provide Vendor with written notice of City's determination regarding conformity of the Goods. In the event City does not provide such notice, it will be presumed that the Goods appear to be conforming. 144
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3. If, on the basis of the inspection specified in Paragraph 8.0l.B.1, the Goods appear to be conforming, City's notice thereof to Vendor 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 intended for a period of 11 months during the correction period, City or Engineer will make a final inspection.

2. If, on the basis of the final inspection, the Goods are conforming, City's notice thereof will constitute City's acceptance of the Goods.

3. If, on the basis of the final inspection, the Goods are non-conforming, City will identify the nonconformity in writing.

8.02 Non-Conforming Goods or Special Services
A. If, on the basis of inspections and testing prior to delivery, the Goods appear to be nonconforming, or if at any time after City has acknowledged receipt of delivery and before the expiration of the correction period, or for such times as provided by a warranty provision that remain in effect after final payment as a continuing obligation, the City determines that the Goods are nonconforming, Vendor shall, promptly in response to written instructions from City, remedy, such non-conforming Goods or Special Services, in a manner acceptable to the City, or, if rejected by City, remove and replace the non-conforming Goods with conforming Goods.

B. City's Rejection of Non-Conforming Goods

1. If City elects to reject the Goods in whole or in part, City's notice to Vendor will describe in sufficient detail the non-conforming aspect of the Goods. If Goods have been delivered to City, Vendor shall promptly, and within the Contract Times, remove and replace the rejected Goods.

2. Vendor shall bear all costs, losses and damages attributable to the removal and replacement and installation of the nonconforming Goods as provided in Paragraph

8.02.E

3. Upon rejection of the Goods, City retains a security interest in the Goods or to the extent of any payments made and expenses incurred in their testing and inspection.

C. Remedying Non-Conforming Goods or Special Services

1. If City notifies Vendor in writing that the Goods are non-conforming, the Sell Vendor er shall modify, repair or replace the Goods to remedy the non-conformance. Vendor shall provide within 10 days the proposed remedy and a schedule that shall make the Goods conforming within a reasonable time.

2. If City notifies Vendor in writing that any of the Special Services are non-conforming or have delayed the City’s Project, the Vendor shall promptly provide conforming Special Services acceptable to City subject to the following provisions:
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a. The Vendor will be assessed Liquidated Damages for the delays in the timely delivery of Special Services until they are determined to be in conformance.

3. If the Vendor fails to take action as required by the City or the Engineer to remedy nonconforming Goods, after 15 days written notice to the Vendor, the City shall at its option remedy any such deficiency instead of requiring removal or replacement. Cost for the City’s remedy is subject to the provisions of Paragraph 5.08 and Paragraph 8.02E.

4. In an emergency where delay would cause serious risk of loss or damage, the City may take such action as is necessary to avoid such risk of loss or damage without issuing prior notice or waiting for action by the Vendor.

5. If the Goods are determined to be non-conforming as part of a warranty notice or claim pursuant to Paragraph 5.08 or the warranty provisions of Section 01740, Membrane System Warranty, the Vendor shall be notified in writing that the applicable conditions for breach of contract or breach of warranty exist.

6. Cost of Remedy
a. If the Goods are determined to be non-conforming before the date of the Notice of Substantial Completion, and a remedy is required, the Vendor shall pay for all costs of the remedy, including modification, repairs, removal, replacement and/or installation of the Goods.
b. If the Goods are determined to be non-conforming as part of a warranty claim pursuant to Paragraph 5.08, after the date of the Notice of Substantial Completion and prior to the end of the correction period for the Goods, and the Vendor's remedy is to modify or repair the Goods, Vendor shall be responsible for all costs associated with the modification or repair of the Goods. c. If the Goods are determined to be non-conforming as part of a warranty claim pursuant to Paragraph 5.08, after the date of the Notice of Substantial Completion and the Vendor's remedy is the replacement of existing Goods, Goods shall be delivered to the City F.O.B. Point of Destination. City shall provide the labor associated with the removal and replacement of the non-conforming Goods provided by the Vendor as a remedy.
d. In the event that the Vendor's remedy involves a change to or addition of Vendor’s equipment, the Vendor shall be responsible for all costs as described in Paragraph

8.02.E for the remedy of the non-conforming Goods and to provide Special Services required for the remedy.

D. City's Acceptance of Non-Conforming Goods

1. Instead of pursuing a remedy for a breach of contract claim or a breach of warranty claim, before or after final payment, the City may accept the non-conforming Goods. Vendor shall bear all reasonable costs attributable to City's evaluation of and determination to accept such non-conforming Goods as provided in Paragraph 8.02.E. 146
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E. In connection with Goods or Special Services found to be in breach of the contract or breach of warranties set forth herein, before or after final payment, Vendor shall pay all costs including, but not limited to all fees and charges for re-inspection, retesting and for any engineers, architects, attorneys and other professionals, compensation for additional labor effort expended by the City, and all court or arbitration or other dispute resolution costs arising out of or relating to the non-conforming Goods or Special Services, including the correction or removal and replacement of the non-conforming Goods and the replacement of property of City and others destroyed by the correction or removal and replacement of the non-conforming Goods, or the cost of obtaining conforming Special Services

1. With respect to breach of contract claim by the City the following provisions apply:
a. In the event that the Vendor’s membrane filtration system does not satisfy the conditions of linear scalability as described in the Contract Documents, and Vendor’s remedy is not agreeable to the City, the City shall declare Vendor in breach of Contract in accordance with Paragraph 11.04.B.

2. With respect to a breach of warranty claim by the City, the following provisions apply. a. In the event that the Packaged MBR System(s) are non-conforming due to defects in materials, workmanship, membrane integrity or irreversible flux loss as described in Section 11300, Packaged MBR Treatment Systems, and the Vendor’s remedy is not agreeable to the City, the City shall declare a breach of warranty exists.
b. City shall provide Vendor with reasonably prompt written notice setting forth in sufficient detail the reasons for declaring that it believes a breach of warranty has occurred. Vendor shall have ten days from receipt of the written notice declaring the breach (or such longer period of time as City may grant in writing) within which to cure the alleged breach.

3. If incurred prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents and a commensurate reduction in the Contract Price. If the costs exceed the unpaid balance of the Contract Price, the costs in excess of the Contract Price shall be paid by the Vendor to the City. The Vendor’s total limitation of liability due to the City for direct costs shall not exceed the amount identified in the Agreement. The provisions of this paragraph shall be in addition to all other rights and remedies available to the City under the Procurement Agreement and any applicable laws.

8.03 Correction Period
A. Vendor’ s responsibility for correcting all non-conformities in the Goods and Special Services will extend for a period of one year after the date of the Notice of Substantial Completion, or for such longer period of time as may be prescribed by Laws or Regulations or by the terms of any specific provisions of the Contract Documents.
9ARTICLE 9 - ENGINEER'S RIGHTS AND RESPONSIBILITES

9.01 Duties and Responsibilities
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A. The duties and responsibilities and the limitations of authority of Engineer are set forth as follows and as described elsewhere in the Contract Documents.

9.02 Clarifications and Interpretations
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 City and Vendor. If either City or Vendor believes that a written clarification or interpretation justifies an adjustment in the Contract Price or Contract Times, either may make a Claim therefore.

9.03 Authorized Variations
A. Engineer may authorize minor deviations or variations in the Contract Documents by:

1. issuance of approved Shop Drawings when such change or deviation was duly noted by Vendor as required in Paragraph 5.06.C.4, or

2. a Field Order

9.04 Rejecting Non-Conforming Goods and Special Services A. Engineer will have the authority to disapprove or reject Goods or Special Services, which Engineer believes to be non-conforming.

9.05 Decisions on Requirements of Contract Documents
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 Vendor '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 City or Vendor 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 will be a condition precedent to any exercise by City or Vendor of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter.

9.06 Claims and Disputes
A. Notice: Written notice of each Claim, dispute or other matter relating to the acceptability of the Goods and Special Services or the interpretation of the requirements of the Contract Documents pertaining to Vendor’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 will be submitted to Engineer and the 148
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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 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. Engineer's written decision on such Claim, or dispute, or other matter will be final and binding upon City and Vendor unless:

1. an appeal from Engineer's decision is made within the time limits and in accordance with the dispute resolution procedures set forth in Article 13; or

2. if no such dispute resolution procedures have been set forth, a written notice of intention to appeal is delivered by City or Vendor to the other and to Engineer within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision (unless otherwise agreed to in writing by City and Vendor ), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations.

3. If Engineer does not render a formal decision in writing within the time stated in Paragraph 9.06.B., a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any.

9.07 Visits to the Vendor's facilities:

A. The Engineer may at their own cost make visits to the Vendor’s facilities where the Goods are being produced to observe production or conduct inspection or testing of the Goods except as otherwise specified in the Contract Documents. 10ARTICLE 10 – PAYMENT

10.01 Applications for Progress Payments
A. Vendor shall submit Applications for Payment filled out and signed by Vendor and accompanied by such supporting documentation as is required by the Contract Documents and also as City or Engineer may reasonably require for review and approval. The timing and amounts of progress payments shall be as stipulated in the Agreement.

1. Applications for Progress Payments for Special Engineering Services (Phase 1) a. The first Application for Payment shall be submitted after the Engineer has received and accepted as complete all Shop Drawings associated with the Advance Technical Information Submittal for the Membrane Filtration System b. Subsequent Application for Payment shall be submitted after the Engineer has reviewed and approved Submittals and all other related submittals as required by the Contract Documents.

2. Applications for Progress Payments for Equipment:
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a. The Vendor shall submit Applications for Payment for review, completed and signed by the Vendor. The Applications for Payment shall be submitted according to the schedule set forth in the contract agreement.

B. After Assignment of the Agreement from the City to the Contractor, the City will provide payment to the Contractor.

10.02 Review of Applications for Progress Payments
A. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to City, or return the Application to the Vendor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Vendor may make the necessary corrections and resubmit the Application.

1. Engineer's recommendation of payment requested in the first Application for Payment will constitute a representation by Engineer, based on Engineer's review of the Application for Payment and the accompanying data, that the Shop Drawings and Samples have been reviewed and approved as required by the Contract Documents and Vendor is entitled to payment of the amount recommended.

2. Engineer's recommendation of payment requested in the Application for Payment submitted upon City's acknowledgment of receipt of the Goods will constitute a representation by Engineer, based on Engineer's review of the Application for Payment and the accompanying data Vendor is entitled to payment of the amount recommended.

Such recommendation will not constitute a representation that Engineer has made a final inspection of the Goods, that the Goods are free from non-conformities, acceptable or in conformance with the Contract Documents, that Engineer has made any investigation as to City's title to the Goods, that exhaustive or continuous inspections have been made to check the quality or the quantity of the Goods beyond the responsibilities specifically assigned to Engineer in the Contract Documents or that there may not be other matters or issues between the parties that might entitle Vendor to additional payments by City or City to withhold payment to Vendor.

3. Engineer may refuse to recommend that all or any part of a progress payment be made, or Engineer may nullify all or any part of any payment previously recommended if, in Engineer's opinion, such recommendation would be incorrect or if on the basis of subsequently discovered evidence or subsequent inspections or tests Engineer considers such refusal or nullification necessary to protect City from loss because the Contract Price has been reduced, Goods are found to be non-conforming, or Vendor has failed to furnish acceptable Special Services.

4. Application for payment during Phase II will be processed by the Contractor.

10.03 Amount and Timing of Progress Payments
A. Subject to Paragraph 10.02.A., the amounts of the progress payments will be as provided in the Agreement. City shall within 45 days after receipt of each Application for Payment with Engineer's recommendation pay Vendor the amount recommended; but, in the case of the Application for Payment upon City's acknowledgment of receipt of the Goods, said 45-day 150
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period may be extended for so long as is necessary (but in no event more than 90 days) for City to examine the bill of sale and other documentation submitted therewith. City shall notify Vendor promptly of any deficiency in the documentation and shall not unreasonably withhold payment.

B. Application for payment during Phase II will be processed by the Contractor.

10.04 Suspension of or Reduction in Payment
A. City may suspend or reduce the amount of progress payments, even though recommended for payment by Engineer, under the following circumstances:

1. City has reasonable grounds to conclude that Vendor will not furnish the Goods or the Special Services in accordance with the Contract Documents,

2. City has requested in writing assurances from Vendor that the Goods or Special Services will be delivered or furnished in accordance with the Contract Documents, and Vendor has failed to provide adequate assurances within ten days of City's written request.

B. If City refuses to make payment of the full amount recommended by Engineer, City will provide Vendor and Engineer immediate written notice stating the reason for such action and promptly pay Vendor any amount remaining after deduction of the amount withheld.

City shall promptly pay Vendor the amount withheld when Vendor corrects the reason for such action to City's satisfaction.

C. Application for payment during Phase II will be processed by the Contractor.

10.05 Final Application for Payment
A. After the correction period and following the completion of the Final Inspection as per Paragraph 8.01.C, and after Vendor has corrected all non-conformities to the satisfaction of City and Engineer, furnished all Special Services, and delivered all documents required by the Contract Documents, Engineer will issue to City and Vendor a Notice of Acceptability.

Vendor 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 City or Engineer may reasonably require.

B. Application for payment during Phase II will be processed by the Contractor.

10.06 Final Payment
A. If, on the basis of the review of the final Application for Payment and accompanying documentation, Engineer is satisfied that the Goods and Special Services have been furnished in accordance with the Contract Documents, and that Vendor's other obligations under the Contract Documents have been fulfilled, Engineer will, within 10 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 City. Otherwise, Engineer will return the Application to Vendor, indicating the reasons for refusing to recommend final payment, in which case Vendor shall make the necessary corrections and resubmit the Application. If the Application and accompanying documentation are appropriate as to form 151
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and substance, City shall, within 30 days after receipt thereof, pay Vendor the amount recommended by Engineer.

B. Application for payment during Phase II will be processed by the Contractor.

10.07 Waiver of Claims
A. The making and acceptance of final payment will constitute:

1. a waiver of all Claims by Buyer against Vendor, except Claims arising from unsettled liens and Claims, from non-conformities in the Goods or Special Services appearing after final payment, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Vendor's continuing obligations under the Contract Documents; and

2. a waiver of all Claims by Vendor against City other than those previously made in accordance with the requirements herein and expressly noted in writing by Vendor as still unsettled in its final Application for Payment.
11ARTICLE 11 - CANCELLATION, SUSPENSION, AND TERMINATION

11.01 Cancellation
A. City has the right to cancel the Contract, without cause, at any time by written notice.

Cancellation pursuant to the terms of this paragraph shall not constitute a breach of contract by City. Upon cancellation:

1. City shall pay for any documented reasonable direct and indirect costs incurred by Vendor in producing Goods.

2. For Goods, which are not specially manufactured for the Project, Vendor shall be entitled to a restocking charge of 10 percent of the unpaid Contract Price of such Goods.

11.02 Suspension of Performance by City
A. City has the right to suspend performance of the Contract, without cause, by written notice.

Upon suspension under this paragraph, Vendor shall be entitled to an increase in the Contract Times and Contract Price caused by the suspension, provided that performance would not have been suspended or delayed for causes attributable to Vendor.

11.03 Suspension of Performance by Vendor:

A. Subject to the provisions of Paragraph 5.07.B, Vendor may suspend the furnishing of the Goods and Special Services only under the following circumstance:

1. Vendor has reasonable grounds to conclude that City will not perform its future payment obligations under the Contract. ("Reasonable grounds" shall not include a pending dispute or disagreement with City) and,
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2. Vendor has requested in writing assurances from City that future payments will be made in accordance with the Contract, and City has failed to provide such assurances within ten days of Vendor's written request.

11.04 Breach and Termination
A. City's Breach

1. City 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. wrongful rejection or revocation of City's acceptance of the Goods, b. failure to make payments in accordance with the Contract Documents, or c. wrongful repudiation of the Contract

2. Vendor shall have the right to terminate the Contract for cause by declaring a breach should City fail to comply with any material provisions of the Contract. Upon termination, Vendor shall be entitled to all remedies provided by Laws and Regulations. a. In the event Vendor believes City is in breach of its obligations under the Contract, Vendor shall provide City with reasonably prompt written notice setting forth in sufficient detail the reasons for declaring that it believes a breach has occurred.

City shall have 30 days from receipt of the written notice declaring the breach (or such longer period of time as Vendor may grant in writing) within which to cure the alleged breach.

B. Vendor's Breach

1. Vendor 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
b. wrongful repudiation of the Contract, or
c. delivery or furnishing of non-conforming Goods or Special Services

2. City may terminate Vendor's right to perform the Contract for cause by declaring a breach should Vendor fail to comply with any material provision of the Contract Documents.

Upon termination, City shall be entitled to all remedies provided by Laws and Regulations.
a. In the event City believes Vendor is in breach of its obligations under the Contract, and except as provided in Paragraph 11.04.B.2.b, City shall provide Vendor with reasonably prompt written notice setting forth in sufficient detail the reasons for declaring that it believes a breach has occurred. Vendor shall have 10 days from receipt of the written notice declaring the breach (or such longer period of time as City may grant in writing) within which to cure the alleged breach. 153
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b. If and to the extent that Vendor 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. c. City may terminate for the following reasons, including but not limited to:
1) If the Vendor commences a voluntary case under any chapter of the Bankruptcy Code, as now or hereafter in effect, of if the Vendor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to bankruptcy or insolvency
2) If a petition is filed against the Vendor under any chapter of said Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against the Vendor under any other federal or state law in effect at the time relating to bankruptcy or insolvency
3) If the Vendor makes a general assignment for the benefit of creditors 4) If a trustee, receiver, custodian, or agent of the Vendor is appointed under applicable law, or under contract, whose appointment or authority to take charge of property of the Vendor is for the purpose of enforcing a lien against such property or for the purpose of general administration of such property for the benefit of the Vendor’s creditors 5) If the Vendor admits in writing an inability to pay its debts generally as they become due; or
6) If the Vendor breaches the Procurement Agreement or any provision of the Contract Documents and such breach continues for a period of 15 days after written notice to correct the breach from the City to the Vendor
7) Fails to deliver the Goods and Services according to the Procurement Agreement
8) Fails to provide competent management and supervision, competent staff or materials or equipment meeting the requirements of the Procurement Agreement
9) Disregards laws or regulations of any public body having jurisdiction 10) Commits serious violations of approved or legislated safety requirements
11) Has assigned any part of the obligations under the Procurement Agreement without the City’s prior written consent
12ARTICLE 12 - LICENSES AND FEES
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12.01 Intellectual Property and License Fees
A. Unless specifically stated elsewhere in the Contract Documents, Vendor is not transferring any intellectual property rights, patent rights, or licenses for the Goods delivered. However, in the event the Vendor is manufacturing to City's design, City retains all intellectual property rights in such design.

B. Vendor 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.

12.02 Vendor's Infringement
A. Subject to Paragraph 12.0l.A, Vendor shall indemnify and hold harmless City, Engineer and their 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 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 delivered hereunder.

B. In the event of suit or threat of suit for intellectual property infringement, City will notify Vendor within a reasonable time of receiving notice thereof.

C. Upon written demand from City, Vendor shall be given the opportunity to defend the claim or suit, including negotiating a settlement. Vendor shall have control over such claim or suit, provided that Vendor agrees to bear all expenses and to satisfy any adverse judgment thereof.

1. If Vendor fails to defend such suit or claim after written demand by City, Vendor will be bound in any subsequent suit or claim against Vendor by City by any factual determination in the prior suit or claim.

2. If City fails to provide Vendor the opportunity to defend such suit or claim after written demand by Vendor, City shall be barred from any remedy against Vendor for such suit or claim.

D. If a determination is made that Vendor has infringed upon intellectual property rights of another, Vendor may obtain the necessary licenses for City's benefit, or replace the Goods and provide related design and construction as necessary to avoid the infringement at Vendor's own expense.

12.03 City's Infringement
A. City shall indemnify and hold harmless Vendor, 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 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 copyright caused by Vendor's compliance with City's design of the Goods or City's use of the Goods in combination with other materials or equipment in any process (unless 155
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intent of such use was known to Vendor and Vendor had reason to know such infringement would result).

B. In the event of suit or threat of suit for intellectual property infringement, Vendor must within a reasonable time after receiving notice thereof notify City.

C. Upon written demand from Vendor, City shall be given the opportunity to defend the claim or suit, including negotiating a settlement. City shall have control over such claim or suit, provided that City agrees to bear all expenses and to satisfy any adverse judgment thereof.

1. If City fails to defend such suit or claim after written demand by Vendor , City will be bound in any subsequent suit or claim against City by Vendor by any factual determination in the prior suit or claim.

2. If Vendor fails to provide City the opportunity to defend such suit or claim after written demand by City, Vendor shall be barred from any remedy against City for such suit or claim.

12.04 Reuse of Documents
A. Neither Vendor nor any other person furnishing any of the Goods or Special Services under a direct or indirect contract with Vendor 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 City and Engineer and specific written verification or adaptation by Engineer. This prohibition will survive termination or completion of the Contract. Nothing herein shall preclude Vendor from retaining copies of the Contract Documents for record purposes.
13ARTICLE 13 - DISPUTE RESOLUTION

13.01 Dispute Resolution Method
A. Disputes between the City and Vendor will be resolved as set forth in Paragraph 13.03.

13.02 Mediation – Not Used

13.03 Arbitration
A. All Claims or counterclaims, disputes, or other matters in question between City and Vendor arising out of or relating to the Contract Documents or the breach thereof (except for Claims which have been waived by the making or acceptance of final payment as provided by Paragraph 10.07) will be decided by binding arbitration in accordance with the rules of the American Arbitration Association, subject to the limitations of this Paragraph 13.03. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction.

B. No demand for arbitration of any Claim or counterclaim, dispute, or other matter that is required to be referred to Engineer initially for decision in accordance with Paragraph 9.05 156
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will be made until the earlier of: (i) the date on which Engineer has rendered a written decision, or (ii) the 31st day after the parties have presented their final evidence to Engineer if a written decision has not been rendered by Engineer before that date. No demand for arbitration of any such Claim or counterclaim, dispute, or other matter will be made later than 30 days after the date on which Engineer has rendered a written decision in respect thereof in accordance with Paragraph 9.06; and the failure to demand arbitration within said 30 day period will result in Engineer's decision being final and binding upon Buyer and Vendor. If Engineer renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned.

C. Notice of the demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider, and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30 day period specified in Paragraph 13.03.B, and in all other cases within a reasonable time after the Claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such Claim or other dispute or matter in question would be barred by the applicable statue of limitations.

D. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer, and Engineer's consultants and the officers, directors, partners, agents, employees or consultants of any of them) who is not a party to this Contract unless:

1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and

2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings
E. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. 14ARTICLE 14 – MISCELLANEOUS

14.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if 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 if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice.

14.02 Controlling Law
A. This Contract is to be governed by the location of the venue contained in the Agreement.

14.03 Computation of Time
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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.

14.04 Cumulative Remedies
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.

14.05 Survival of Obligations
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 Contract Documents, will survive final payment, completion and acceptance of the Goods or Special Services and termination or completion of the Agreement.

14.06 Headings
A. The Article and Paragraph headings are inserted for convenience only and do not constitute part of these General Conditions.
**END OF SECTION**
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1 AMENDMENT NO. 1 TO AGREEMENT WITH HYDROSCIENCE FOR

ENGINEERING SERVICES
AMENDMENT NO. 1 TO AGREEMENT is made and entered into this ___ day of ___________, 2024, by and between the City of Greenfield, California, a municipal corporation (“City”), and HydroScience Engineers, Inc., a California Corporation, (“Consultant”).

WHEREAS, City and Consultant have previously entered into an Agreement for professional engineering services to complete a detailed design for the Wastewater Treatment Plan Upgrade Project (“Agreement”) approved via Resolution No. 2022-94, dated October 11, 2022;
WHEREAS, the Agreement services include those tasks described and set forth in Agreement, Exhibit A; and
WHEREAS, the Agreement sets forth Agreement payment in accordance with the payment rates and terms and the schedule of payment as set forth in Agreement, Exhibit B; and WHEREAS, it is understood by City and Consultant that it is necessary for Consultant to perform or secure the performance of additional services (“Additional Services”); and WHEREAS, the Agreement requires Additional Services to be approved in writing by the City Council or, if pursuant to his authority, the City Manager; and WHEREAS, on November 30, 2023, Consultant provided City with a proposal for Additional Services for the Wastewater Treatment Plant Upgrade Project (Attachment 1); and WHEREAS, City and Consultant desire to amend said Agreement to provide for these Additional Services.

NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants hereinafter recited, agree as follows:

1. Amendment No.1 and Amendment Attachment 1 are added to the Agreement.

2. Amendment No. 1 and Attachment 1 shall amend Agreement Exhibit A to add those additional services described in Attachment 1.

3. Amendment No.1 and Attachment 1 shall amend Agreement Exhibit B to add the proposed budget described in Attachment 1.

4. Except as herein amended, the Agreement dated October 11, 2022, shall remain in full force and effect.
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2 IN WITNESS WHEREOF, the parties have caused Amendment No.1 to Agreement to be executed on the date first above written.

CITY OF GREENFIELD
BY:

Mayor
ATTEST:

ANN RATHBUN, CITY CLERK
BY:

City Clerk

APPROVED AS TO FORM
BY:

City Attorney

CONSULTANT
BY:
(Signature)

(Typed Name)
161
November 30, 2023
Jamie Tugel
Pubic Works Director
City of Greenfield
599 El Camino; Greenfield, CA 93927
Subject: Additional Services for the Wastewater Treatment Plant Upgrade Project Dear Jamie:

HydroScience is submitting this proposal for additional services to complete the detailed design for the Wastewater Treatment Plant Upgrade Project (Project) and incorporate the additional facilities recommended in the Basis of Design Report (BODR).

Background
The Project BODR was finalized on September 1, 2023, and includes additional, altered, and removed facilities that changes project definition that was assumed in the original agreements.

A list of these changes are as follows:
• Interim Sludge Dewatering Improvements: Due to the lack of dewatering capacity in the City’s existing drying beds, poor sludge treatment capacity, and the need to ultimately develop the drying beds for other purposes associated with the WWTP Upgrade, the City, with the help of Wallace Group and HydroScience, provided an Interim Sludge Management Plan to the RWQCB. The plan includes a new interim dewatering system to process sludge prior to the ultimate WWTP construction. The original approach in the agreement was to utilize the ultimate sludge dewatering system in the interim timeframe. This approach was altered during the preliminary design phase mainly due to costs of the ultimate system and the need to commission the interim facility in a timely manner to meet the City goals described in the City’s Interim Sludge Management Plan. The scope of work includes the changes that are needed in the project to accommodate the Interim Improvements, taking into account the effort that was in the original proposal to utilize the planned ultimate facility. • Additional Site Civil Design: As part of BODR, a geotechnical investigation was performed by Earth Systems. This investigation concluded that there is high potential for static and seismic differential settlement as well as ground rupture and liquefaction. To reduce the risk and magnitude of these hazards, Earth Systems recommended that new structures and basins be supported with a soil stabilization layer of engineered fill reinforced with stabilization fabric and/or geogrid underneath. To accommodate this layer additional plans and specifications will be provided to describe the over-excavation plan and retaining wall required to protect existing WWTP facilities. The location of the packaged MBR was moved to protect the existing WWTP and accommodate the overall plant layout. To accommodate this change, the existing stormwater ponds have been relocated to southeast of the site and a new equalization basin built in the southwest corner of the site. Stormwater will be redirected to the new stormwater pond. The new stormwater pond will be unlined so that stormwater can percolate into the ground. The equalization basin will be lined and will include a mixing system to promote circulation around the pond. The scope of work includes the effort to accommodate these changes while taking into account the level of effort that was in the original agreement.
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City of Greenfield
Wastewater Treatment Plant Upgrade Project
November 30, 2023