Cities Index.
Agenda, closed session, second session

City Council / Local Redevelopment Authority / Public Financing Authority
October 14, 2025

Document
Agenda, closed session, second session
Meeting
October 14, 2025
Body
City Council / Local Redevelopment Authority / Public Financing Authority
Pages
11
Original file
38.5 MB
Text extracted from the city's file for reading and search. Open the original on www.riverbank.org. That file is the official record.

TERMS AND CONDITIONS OF SALE
This document sets forth the Terms & Conditions of Sale for goods manufactured and/or supplied, and services provided, by the seller entity identified on the purchase order (“SELLER”) and sold to the original purchaser thereof (“BUYER”). The term “SELLER” includes only SELLER, and none of its affiliates. Unless otherwise specifically stated in a previously-executed written purchase agreement signed by authorized representatives of SELLER and BUYER, these Terms & Conditions of Sale establish the rights, obligations and remedies of SELLER and BUYER which apply to this offer and any resulting order or contract for the sale of SELLER’s goods and/or services (“Products”).

1. APPLICABLE TERMS & CONDITIONS: These Terms & Conditions of Sale are contained directly and/or by reference in SELLER’s proposal, offer, order acknowledgment, packing slip, and/or invoice documents. The first of the following acts constitutes an acceptance of SELLER’s offer and not a counteroffer and creates a contract of sale (“Contract”) in accordance with these Terms & Conditions of Sale: (i) BUYER’s issuance of a purchase order document against SELLER’s offer; (ii) acknowledgement of BUYER’s order by SELLER; or (iii) commencement of any performance by SELLER pursuant to BUYER’s order. Provisions contained in BUYER’s purchase documents (including electronic commerce interfaces) that materially alter, add to, or subtract from the provisions of these Terms & Conditions of Sale are not a part of the Contract.

2. CANCELLATION AND RETURN: The whole or any part of this order may be cancelled only with the prior written consent of SELLER. If SELLER does consent to a cancellation, such consent will be given only upon payment of reasonable cancellation charges in an amount determined by SELLER and which will include recovery of costs plus reasonable profit.

In addition, with respect to any Products returned on cancellation, BUYER will pay SELLER’s cost of placing the returned Products in a saleable condition, sales expenses incurred by SELLER in connection with such returned Products, a reasonable restocking charge and freight costs incurred in connection with the original shipment and in connection with returning such Products to SELLER, all in such amounts as are advised to the BUYER by SELLER. SELLER may cancel all or part of any order prior to delivery without liability if the order includes any Products that SELLER determines may not comply with export, safety, local certification, or other applicable compliance requirements. If SELLER’S offer contains a cancellation schedule, such schedule shall apply in lieu of the cancellation charges stated above.

3. DELIVERY: Delivery will be accomplished FCA SELLER’s determined shipping point; or on SELLER’s discretion it will ship DDP or DAP foreign port unless otherwise expressly agreed between the parties using Incoterms® 2020. At SELLER’s discretion other terms under Incoterms® 2020 may be used as required. In the event of any reference to “prepay and add” the applicable Incoterms® 2020 will be DDP or DAP at SELLER’s discretion, while any reference to “collect” will be deemed to be FCA under the Incoterms® 2020 regardless of reference to reference to shipping point. In the event DDP or DAP is used for a transaction SELLER reserves the right to select the carrier and shipping mode. BUYER agrees to pay SELLER for any sales tax, brokerage fees, or other costs incurred as a result of the shipping mode chosen by SELLER. For all intents and purposes the FOB/FOD Legal title and risk of loss or damage pass to BUYER upon transfer to the first carrier, regardless of final destination and mode of transit. SELLER will use commercially reasonable efforts to deliver the Products ordered herein within SELLER’s normal lead-time necessary for SELLER to deliver the Products sold hereunder. Upon prior agreement with BUYER and for an additional charge paid by BUYER, SELLER will deliver the Products on an expedited basis. Seller may, in its sole discretion, without liability or penalty, deliver partial shipments of Products to Buyer and ship the Products as they become available, in advance of the quoted delivery date. If the Products are delivered in installments, then insofar as each shipment is subject to the same Agreement, the Agreement will be treated as a single contract and not severable. Products will be boxed or crated as determined appropriate by SELLER for protection against normal handling and there will be an extra charge to the BUYER for additional packaging required by the BUYER with respect to waterproofing or other added protection. BUYER has sole responsibility for off-loading, storage and handling of the Products at the site. Where BUYER is responsible for any delay in the delivery date or installation date, the earlier of the date of delivery or the date on which the Products are ready for shipment by SELLER may be treated as the delivery date for purposes of determining the time of payment of the purchase price. Moreover, BUYER will be responsible for storage and insurance expenses with respect to such Products. Should BUYER fail to effect pick-up of Product as previously agreed in a timely manner, SELLER may, at its discretion, assess storage charges and a surcharge to the account of BUYER.

Trojan Technologies Group ULC
3020 Gore Road, London, Ontario, Canada, N5V 4T7
+1 519 457 3400 www.trojantechnologies.com

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4. INSPECTION: BUYER will promptly inspect and accept any Products delivered pursuant to this Contract after receipt of such Products. In the event the Products do not conform to any applicable specifications, BUYER will promptly notify SELLER of such nonconformance in writing. SELLER will have a reasonable opportunity to repair or replace the nonconforming Product at its option. BUYER will be deemed to have accepted any Products delivered hereunder and to have waived any such nonconformance for such Products unless a written notification pursuant to this paragraph is received by SELLER within fourteen (14) calendar days of delivery to BUYER destination on order.

5. PRICES & ORDER SIZES: Prices do not include any charges for services such as insurance; brokerage fees; sales, use, inventory, or excise taxes; import or export duties; tariff, special financing fees; value added tax, income, or royalty taxes; consular fees; special permits or licenses; or other charges imposed upon the production, sale, distribution, or delivery of Products. BUYER will either pay any and all such charges or provide SELLER with acceptable exemption certificates, which obligation survives performance under this Contract. Installation, maintenance and any other services which relate to the Products are not included unless specifically set forth in the offer. SELLER reserves the right to establish minimum order sizes and will advise BUYER accordingly. Any orders below the minimum order size are subject to a fee as set out by SELLER. Notwithstanding anything to the contrary set out herein, in the event of any delay to SELLER’s delivery schedule caused by BUYER or its representatives (other than for Force Majeure or delays caused by SELLER), including without limitation, a suspension of work or the project, a postponement of the delivery date or failure to timely issue of a notice of commencement or similar document, then (i) the Purchase Price shall increase by 1% for every month or partial month of such delay and this Agreement shall be construed as if the increased Purchase Price were originally inserted herein, and BUYER shall be billed by SELLER on the basis of such increased Purchase Price, or (ii) SELLER shall have the right to terminate this Contract without penalty.

6. PAYMENTS: All payments must be made in agreed-to currency, normally Canadian or U.S. Dollars. Unless other payment terms are expressly agreed to by SELLER or otherwise required by the SELLER, invoices are due and payable NET 30 DAYS from date of the invoice, without regard to delays for inspection or transportation, with payments to be made by check to SELLER at the address listed in the purchase order or by bank transfer to the account obtainable from SELLER’s Accounts Receivable Manager. In the event payments are not made or not made in a timely manner, SELLER may, in addition to all other remedies provided at law, either: (a) declare BUYER’s performance in breach and terminate this Contract for default; (b) withhold future shipments until delinquent payments are made; (c) deliver future shipments on a cash-withorder or cash-in-advance basis even after the delinquency is cured; (d) charge interest on the outstanding balance at a rate of 1.5% per month or the maximum rate permitted by law, if lower, for each month or part thereof that there is an outstanding balance plus applicable storage charges and/or inventory carrying charges; (e) repossess the Products for which payment has not been made; (f) pursue other collection efforts and recover all associated costs including reasonable attorney’s fees; or (g) combine any of the above rights and remedies as is practicable and permitted by law. BUYER is prohibited from setting off any and all monies owed under this Contract from any other sums, whether liquidated or not, that are or may be due to the BUYER, which arise out of a different transaction with SELLER or any of its affiliates. Should BUYER’s financial condition become unsatisfactory to SELLER in its discretion, SELLER may require payment in advance or other security. If BUYER fails to meet these requirements, SELLER may treat such failure as reasonable grounds for repudiation of this Contract, in which case reasonable cancellation charges shall be due to SELLER. BUYER hereby grants SELLER a security interest in the Products, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds of the foregoing, to secure payment in full of all amounts to SELLER, which payment releases the security interest but only if such payment could not be considered an avoidable transfer under applicable laws. The security interest granted hereby constitutes a purchase money security interest under the applicable Uniform Commercial Code or Personal Property Security Act or other applicable law, and SELLER is authorized to make whatever registration or notification or take such other action as SELLER deems necessary or desirable to perfect such security interest. BUYER’s insolvency, bankruptcy, assignment for the benefit of creditors, or dissolution or termination of the existence of BUYER, constitutes a default under this Contract and affords SELLER all of the remedies of a secured creditor under applicable law, as well as the remedies stated above for late payment or non-payment.

7. LIMITED WARRANTY: Unless specifically provided otherwise in SELLER’s offer, SELLER provides the following Limited Warranty. SELLER warrants that Products sold hereunder will be free from defects in material and workmanship and will, when used in accordance with the manufacturer’s operating and maintenance instructions, conform to any express written Trojan Technologies Group ULC
3020 Gore Road, London, Ontario, Canada, N5V 4T7
+1 519 457 3400 www.trojantechnologies.com

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warranty pertaining to the specific goods purchased, which for Products is for a period of twelve (12) months from delivery.

SELLER warrants that services furnished hereunder will be free from defects in workmanship for a period of thirty (30) days from the completion of the services. Products repaired or replaced are not covered by any warranty except to the extent repaired or replaced by SELLER, an authorized representative of SELLER, or under specific instructions by SELLER, in which cases, the Products will be covered under warranty up to the end of the warranty period applicable to the original Products. The above warranties do not include the cost of shipping and handling of returned items. Parts provided by SELLER in the performance of services may be new or refurbished parts functioning equivalent to new parts. Any nonfunctioning parts that are repaired by SELLER shall become the property of SELLER. Except as included in SELLER’S offer, no warranties are extended to consumable items and for normal wear and tear. SELLER’s special warranties may include additional limitations. All other guarantees, warranties, conditions and representations, either express or implied, whether arising under any statute, law, commercial usage or otherwise, including implied warranties of merchantability and fitness for a particular purpose, are hereby excluded. The sole remedy for Products not meeting this Limited Warranty is replacement, repair, credit or refund of the purchase price, as determined by SELLER in its sole discretion. This remedy will not be deemed to have failed of its essential purpose so long as SELLER is willing to provide such replacement, credit or refund. To make a warranty claim, BUYER must notify SELLER in writing within 5 days of discovery of the defect in question. This notification must include a description of the problem, a copy of the applicable operator’s log, a copy of BUYER’s maintenance record and any analytical results detailing the problem. Any warranty hereunder or performance guarantees shall only be enforceable if (a) all equipment is properly installed, inspected regularly, and is in good working order, (b) all operations are consistent with SELLER recommendations, (c) operating conditions at the installation site have not materially changed and remain within anticipated specifications, and (d) no reasonably unforeseeable circumstances exist or arise. Products manufactured by a third party ("Third Party Product") which are not incorporated into SELLER’s Products are not covered by the warranty. With respect to any Third Party Product, the warranty, if any, is provided solely through the manufacturer of such Third Party Product, the terms of which vary from manufacturer to manufacturer and Seller assumes no responsibility on their behalf. For Third Party Products, specific warranty terms may be obtained from the manufacturer’s warranty statement.

8. INDEMNIFICATION: Indemnification applies to a party and to such party’s successors-in-interest, assignees, affiliates, directors, officers, and employees (“Indemnified Parties”). SELLER is responsible for and will defend, indemnify and hold harmless the BUYER Indemnified Parties against all losses, claims, expenses or damages to the proportional extent caused by SELLER’s breach of the Limited Warranty. BUYER is responsible for and will defend, indemnify and hold harmless SELLER Indemnified Parties against all losses, claims, expenses, or damages which may result from accident, injury, damage, or death due to the negligence or misuse or misapplication of any Products or the breach of any provision of this Contract by the BUYER or any third party affiliated or in privity with BUYER.

9. PATENT PROTECTION: SELLER shall further defend and indemnify BUYER Indemnitees from and against all Claims for actual infringement of all letters patent, trademarks, copyright or corresponding rights pertaining to goods provided under the Purchase Order, solely by reason of the sale or normal use of any goods sold to BUYER hereunder as finally determined by a court of competent jurisdiction in any suit for infringement of any U.S. patent. SELLER’s warranty as to use patents only applies to infringement arising solely out of the inherent operation of the goods according to their applications as envisioned by SELLER’s specifications. In case the goods are in such suit held to constitute infringement and the use of the goods is enjoined, SELLER will, at its own expense and at its option, either procure for BUYER the right to continue using such goods or replace them with non-infringing products, or modify them so they become non-infringing, or remove the goods and refund the purchase price (prorated for depreciation) and the transportation costs thereof. The foregoing states the entire liability of SELLER for patent infringement by the goods. Further, to the same extent as set forth in SELLER’s above obligation to BUYER, BUYER agrees to defend, indemnify and hold harmless SELLER for patent infringement related to (x) any goods manufactured to the BUYER’s design, (y) services provided in accordance with the BUYER’s instructions, or (z) SELLER’s goods when used in combination with any other devices, parts or software not provided by SELLER hereunder. Subject to all limitations of liability provided herein, SELLER will, with respect to any Products of SELLER’s design or manufacture, indemnify BUYER from any and all damages and costs as finally determined by a court of competent jurisdiction in any suit for infringement of any U.S. or Canadian patent (or European patent for Products that SELLER sells to BUYER for end use in a member state of the E.U. or the U.K.) that has issued as of the delivery date, solely by reason of the sale or normal use of any Products sold to BUYER hereunder and from reasonable expenses incurred by BUYER in defense of such suit if SELLER does not undertake the defense thereof, provided that BUYER promptly notifies SELLER of such suit and offers SELLER either (i) full and exclusive control of the defense of such Trojan Technologies Group ULC
3020 Gore Road, London, Ontario, Canada, N5V 4T7
+1 519 457 3400 www.trojantechnologies.com

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suit when Products of SELLER only are involved, or (ii) the right to participate in the defense of such suit when products other than those of SELLER are also involved. SELLER’s warranty as to use patents only applies to infringement arising solely out of the inherent operation of the Products according to their applications as envisioned by SELLER’s specifications.

In case the Products are in such suit held to constitute infringement and the use of the Products is enjoined, SELLER will, at its own expense and at its option, either procure for BUYER the right to continue using such Products or replace them with non-infringing products, or modify them so they become non-infringing, or remove the Products and refund the purchase price (prorated for depreciation) and the transportation costs thereof. The foregoing states the entire liability of SELLER for patent infringement by the Products. Further, to the same extent as set forth in SELLER’s above obligation to BUYER, BUYER agrees to defend, indemnify and hold harmless SELLER for patent infringement related to (x) any goods manufactured to the BUYER’s design, (y) services provided in accordance with the BUYER’s instructions, or (z) SELLER’s Products when used in combination with any other devices, parts or software not provided by SELLER hereunder.

10. TRADEMARKS AND OTHER LABELS: BUYER agrees not to remove or alter any indicia of manufacturing origin or patent numbers contained on or within the Products, including without limitation the serial numbers or trademarks on nameplates or cast, molded or machined components.

11. SOFTWARE AND INTELLECTUAL PROPERTY: All licenses to SELLER’s separately provided software products are subject to the separate software license agreement(s) accompanying the software media. In the absence of such express licenses and for all other software, SELLER grants BUYER only a personal, non-exclusive license to access and use the software provided by SELLER with Products purchased hereunder solely as necessary for BUYER to enjoy the benefit of the Products. A portion of the software may contain or consist of open source software, which BUYER may use under the terms and conditions of the specific license under which the open source software is distributed. BUYER agrees that it will be bound by all such license agreements. Title to software remains with the applicable licensor(s). All SELLER contributions to the Products, the results of the services, and any other work designed or provided by SELLER hereunder may contain or result in statutory and non-statutory Intellectual Property, including but not limited to patentable subject matter or trade secrets; and all such Intellectual Property remains the sole property of SELLER; and BUYER shall not disclose (except to the extent inherently necessary during any resale of Product sold hereunder), disassemble, decompile, or any results of the Services, or any Products, or otherwise attempt to learn the underlying processes, source code, structure, algorithms, or ideas.

12. PROPRIETARY INFORMATION AND PRIVACY: “Proprietary Information” means any information, technical data, or knowhow in whatever form, whether documented, contained in machine readable or physical components, mask works or artwork, or otherwise, which SELLER considers proprietary, including but not limited to service and maintenance manuals.

BUYER and its customers, employees, and agents will keep confidential all such Proprietary Information obtained directly or indirectly from SELLER and will not transfer or disclose it without SELLER’s prior written consent, or use it for the manufacture, procurement, servicing, or calibration of Products or any similar products, or cause such products to be manufactured, serviced, or calibrated by or procured from any other source, or reproduce or otherwise appropriate it. All such Proprietary Information remains SELLER’s property. No right or license is granted to BUYER or its customers, employees or agents, expressly or by implication, with respect to the Proprietary Information or any patent right or other proprietary right of SELLER, except for the limited use licenses implied by law. In respect of personal data supplied by BUYER to SELLER, BUYER warrants that is duly authorized to submit and disclose these data, including but not limited to obtaining data subjects´ informed consent. SELLER will manage BUYER’s information and personal data in accordance with its Privacy Policy, a copy of which is available to BUYER upon request. In respect of other data and information that SELLER may receive in connection with BUYER´s use of the Products including without limitation data that are captured by the Products and transmitted to SELLER, BUYER hereby grants SELLER a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license to use, compile, distribute, display, store, process, reproduce, or create derivative works of such data as needed for Product operation and maintenance, and to aggregate such data for use in an anonymous manner, solely to facilitate marketing, sales and R&D activities of SELLER and its affiliates.

13. SPECIAL TOOLS, DIES, JIGS, FIXTURES AND PATTERNS: Any tools, dies, jigs, fixtures, patterns and similar items which are included or required in connection with the manufacture and/or supply of the Products will remain the property of SELLER without credit to the BUYER. SELLER assumes the cost for maintenance and replacement of such items and shall have the right to discard and scrap any such item after it has been inactive for a minimum of one year, without credit to the BUYER.

Trojan Technologies Group ULC
3020 Gore Road, London, Ontario, Canada, N5V 4T7
+1 519 457 3400 www.trojantechnologies.com

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14. CHANGES AND ADDITIONAL CHARGES: SELLER reserves the right to make design changes or improvements to any products of the same general class as Products being delivered hereunder without liability or obligation to incorporate such changes or improvements to Products ordered by BUYER unless agreed upon in writing before the Products’ delivery date.

SELLER shall not be obligated to implement any changes or variations in the scope of work described in SELLER’s scope of supply unless BUYER and SELLER agree in writing to the details of the change and any resulting price, schedule or other contractual modifications. This includes any changes or variations necessitated by a change in applicable law occurring after the effective date of this Agreement including these Terms.

15. SITE ACCESS / PREPARATION / WORKER SAFETY / ENVIRONMENTAL COMPLIANCE: In connection with services provided by SELLER, BUYER agrees to permit prompt access to equipment. BUYER assumes full responsibility to backup or otherwise protect its data against loss, damage or destruction before services are performed. BUYER is the operator and in full control of its premises, including those areas where SELLER employees or contractors are performing service, repair, and maintenance activities. BUYER will ensure that all necessary measures are taken for safety and security of working conditions, sites, and installations during the performance of any services. BUYER is the generator of any resulting wastes, including without limitation hazardous wastes. BUYER is solely responsible to arrange for the disposal of any wastes at its own expense. BUYER will, at its own expense, provide SELLER employees and contractors working on BUYER’s premises with all information and training required under applicable safety compliance regulations and BUYER’s policies.

SELLER has no responsibility for the supervision or actions of BUYER’s employees or contractors or for non-SELLER items (e.g., chemicals, equipment) and disclaims all liability and responsibility for any loss or damage that may be suffered as a result of such actions or items, or any other actions or items not under SELLER’s control.

16. LIMITATIONS ON USE: BUYER will not use any Products for any purpose other than those identified in SELLER’s catalogs and literature as intended uses. Unless SELLER has advised the BUYER in writing, in no event will BUYER use any Products in drugs, food additives, food, or cosmetics, or medical applications for humans or animals. In no event will BUYER use in any application any Product that requires FDA 510(k) clearance unless and only to the extent the Product has such clearance. BUYER will not sell, transfer, export, or re-export any SELLER Products or technology for use in activities which involve the design, development, production, use, or stockpiling of nuclear, chemical, or biological weapons or missiles, nor use SELLER Products or technology in any facility which engages in activities relating to such weapons. Unless the “shipto” address is in California, U.S.A., the Products are not intended for sale in California and may lack markings required by California Proposition 65; accordingly, unless BUYER has ordered Products specifying a California ship-to address, BUYER will not sell or deliver any SELLER Products for use in California. Any warranty granted by SELLER is void if any goods covered by such warranty are used for any purpose not permitted hereunder.

17. EXPORT AND IMPORT LICENSES AND COMPLIANCE WITH LAWS: Unless otherwise expressly agreed, BUYER is responsible for obtaining any required export or import licenses necessary for Product delivery. BUYER will comply with all laws and regulations applicable to the installation or use of all Product, including applicable import and export control laws and regulations of the U.S., E.U., and any other country having proper jurisdiction, and will obtain all necessary export or import licenses in connection with any subsequent export, re-export, transfer, and use of all Product and technology delivered hereunder. BUYER will not sell, transfer, export, or re-export any SELLER Product or technology for use in activities which involve the design, development, production, use or stockpiling of nuclear, chemical, or biological weapons or missiles, nor use SELLER Product or technology in any facility which engages in activities relating to such weapons.

BUYER will comply with all local, national, and other laws of all jurisdictions globally relating to anti-corruption, bribery, extortion, kickbacks, or similar matters which are applicable to BUYER’s business activities in connection with this Contract, including but not limited to the U.S. Foreign Corrupt Practices Act of 1977, as amended (the “FCPA”). BUYER agrees that no payment of money or provision of anything of value will be offered, promised, paid, or transferred, directly or indirectly, by any person or entity, to any government official, government employee, or employee of any company owned in part by a government, political party, political party official, or candidate for any government office or political party office to induce such organizations or persons to use their authority or influence to obtain or retain an improper business advantage for BUYER or for SELLER, or which otherwise constitute or have the purpose or effect of public or commercial bribery, acceptance of or acquiescence in extortion, kickbacks, or other unlawful or improper means of obtaining business or any improper advantage, with respect to any of BUYER’s activities related to this Contract. SELLER asks BUYER to “Speak Up!” if aware of any violation of law, regulation, or our Code of Conduct (“CoC”) in relation to this Contract. See Trojan Technologies Group ULC
3020 Gore Road, London, Ontario, Canada, N5V 4T7
+1 519 457 3400 www.trojantechnologies.com

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https://www.veraltointegrity.com and https://www.veralto.com/integrity-compliance for a copy of the CoC and for access to our Helpline portal.

18. RELATIONSHIP OF PARTIES: BUYER is not an agent or representative of SELLER and will not present itself as such under any circumstances, unless and to the extent it has been formally screened by SELLER’s compliance department and received a separate duly-authorized letter from SELLER setting forth the scope and limitations of such authorization.

19. FORCE MAJEURE: SELLER is excused from performance of its obligations under this Contract to the extent caused by acts or omissions that are beyond its control, including but not limited to Government embargoes, blockages, seizures or freezing of assets, delays, or refusals to grant an export or import license, or the suspension or revocation thereof, or any other acts of any Government; fires, floods, severe weather conditions, or any other acts of God; quarantines; epidemics and pandemics; labor strikes or lockouts; riots; strife; insurrections; civil disobedience or acts of criminals or terrorists; war; material shortages or delays in deliveries to SELLER by third parties. In the event of the existence of any force majeure circumstances, the period of time for delivery, payment terms, and payments under any letters of credit will be extended for a period of time equal to the period of delay. If the force majeure circumstances extend for six months, SELLER may, at its option, terminate this Contract without penalty and without being deemed in default or in breach thereof.

20. ASSIGNMENT AND WAIVER: BUYER will not transfer or assign this Contract or any rights or interests hereunder without SELLER’s prior written consent. SELLER shall be permitted to assign and transfer this Contract and any ancillary agreement hereunder to an affiliate of SELLER so long as such affiliates are either Trojan Technologies Group ULC or Trojan Technologies Corp. Upon any assignment of this Contract the assignee shall have all rights, and be liable for all obligations and responsibilities, under this Contract. Failure of either party to insist upon strict performance of any provision of this Contract, or to exercise any right or privilege contained herein, or the waiver of any breach of the terms or conditions of this Contract, will not be construed as thereafter waiving any such terms, conditions, rights, or privileges, and the same will continue and remain in force and effect as if no waiver had occurred. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.

21. FUNDS TRANSFERS: BUYER and SELLER both recognize that there is a risk of banking fraud when individuals impersonating a business demand payment under new mailing or banking transfer instructions. To avoid this risk, BUYER must verbally confirm any new or changed mailing or banking transfer instructions by calling SELLER and speaking with SELLER’s Accounts Receivable Manager before transferring any monies using the new instructions. Both parties agree that they will not institute mailing or banking transfer instruction changes and require immediate payment under the new instructions, but will instead provide a ten (10) day grace period to verify any mailing or banking transfer instruction changes before any new or outstanding payments are due using the new instructions.

22. LIMITATION OF LIABILITY: None of SELLER, its successors-in-interest, assignees, affiliates, directors, officers, and employees will be liable to any BUYER Indemnified Parties under any circumstances for any special, treble, incidental, or consequential damages, including without limitation, damage to or loss of property other than for the Products purchased hereunder; damages incurred in installation, repair, or replacement; lost profits, revenue, or opportunity; loss of use; losses resulting from or related to downtime of the Products or inaccurate measurements or reporting; the cost of substitute products; or claims of any of BUYER’s Indemnified Parties’ customers for such damages, howsoever caused, and whether based on warranty, contract, and/or tort (including negligence, strict liability or otherwise). The total liability of SELLER, its successors-in-interest, assignees, affiliates, directors, officers, and employees arising out of the performance or nonperformance hereunder, or SELLER’s obligations in connection with the design, manufacture, sale, delivery, and/or use of Products, will in no circumstance exceed the amount actually paid to SELLER for Products delivered hereunder.

23. APPLICABLE LAW AND DISPUTE RESOLUTION: All issues relating to the construction, validity, interpretation, enforcement, and performance of this agreement and the rights and obligations of SELLER and the BUYER hereunder shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein; provided that if SELLER is Trojan Technologies Corp., then the applicable governing laws shall be the State of New York and the applicable federal laws therein. Any provisions of the International Sale of Goods Act or any convention on contracts for the international sale of goods shall not be applicable to this agreement. The parties submit to and consent to the non-exclusive Trojan Technologies Group ULC
3020 Gore Road, London, Ontario, Canada, N5V 4T7
+1 519 457 3400 www.trojantechnologies.com

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jurisdiction of courts located in the Province of Ontario; provided that if SELLER is Trojan Technologies Corp., then the parties submit to and consent to the non-exclusive jurisdiction of courts located in the State of New York.

24. ENTIRE AGREEMENT, MODIFICATION, & SURVIVAL: These Terms & Conditions of Sale constitute the entire agreement between the parties and supersede any prior agreements or representations, whether oral or written. Upon thirty (30) days prior written notice, SELLER may, in its sole discretion, elect to terminate any order for the sale of Products and provide a pro-rated refund for any pre-payment of undelivered Products. No change to or modification of these Terms & Conditions shall be binding upon SELLER unless in a written instrument specifically referencing that it is amending these Terms & Conditions of Sale and signed by an authorized representative of SELLER. SELLER rejects any additional or inconsistent Terms & Conditions of Sale offered by BUYER at any time, whether or not such terms or conditions materially alter the Terms & Conditions herein and irrespective of SELLER’s acceptance of BUYER’s order for the described goods and services. All payment, confidentiality and indemnity obligations, warranties, limitations of liability, product return, and ownership of materials provisions together with those sections the survival of which is necessary for the interpretation or enforcement of these Terms, shall continue in full force and effect for the duration stated in such provisions or the applicable statute of limitations.

TERMS AND CONDITIONS COVERING SALES OF CONFIGURED-TO-ORDER PROJECTS AND

SYSTEMS
In addition to all terms and conditions above, unless otherwise addressed as part of SELLER’s offer, the following sections apply to sales of Configured-to-Order Projects, Systems, and the like, except for any Aria Filtra Products:
101. PAYMENT.
101.1 Payments will be made per the schedule of payment events set forth in SELLER’s offer; provided that if the Start-Up Date (as defined below) is less than 30 days after the Delivery Date, 90% of the purchase price is due before the Start-Up Date. 101.2. In the event that achievement of a scheduled payment event is delayed or suspended due to the BUYER’s convenience or other reasons for which the BUYER or its representatives is responsible, such payment event will be deemed to have occurred and SELLER shall be entitled to invoice BUYER as if achievement of such payment event had been achieved. In such circumstances, BUYER must notify SELLER in writing of the reasons for the delay and anticipated duration of the delay. SELLER will mark the Products (or parts thereof) as the BUYER’s property and BUYER shall make arrangements for a third party to store the Products at BUYER’s cost.
102. DELIVERY
102.1 SELLER will request the BUYER to provide a firm date for delivery of the Products to the project site (the “Delivery Date”) which SELLER will then use to establish the production schedule for the Products. The Delivery Date will then be binding on the BUYER except for any changes made in accordance with the provisions below. 102.2 SELLER reserves the right to reschedule the Delivery Date to a date prior to or subsequent to the scheduled Delivery Date in order to accommodate its shipping, production or other requirements. This right to reschedule will be applicable unless otherwise agreed to in writing by an authorized officer of SELLER. SELLER will provide the BUYER or its representative with a minimum of 24 hours’ notice of any such rescheduling.
102.3 Where any change to the Delivery Date is made at BUYER’s request and upon SELLER’s agreement, for all purposes with respect to the warranty and payment requirements provided by SELLER in connection with the Products, the initial Delivery Date will be deemed to be the Delivery Date regardless of any change later made to the Delivery Date. 103. ACCEPTANCE
103.1 During the period between the Delivery Date and the Start-up Date, the BUYER shall prepare the Products and the project site for installation and start-up and, unless otherwise agreed in writing by an authorized representative of SELLER, shall complete acceptance testing with respect to the Products. The Products shall be deemed to be accepted on the earliest to occur Trojan Technologies Group ULC
3020 Gore Road, London, Ontario, Canada, N5V 4T7
+1 519 457 3400 www.trojantechnologies.com

Page 8 of 8 ends

of the following dates (the “Acceptance Date”): (a) that date on which the Products can function in either manual or automatic operation and provide treatment in accordance with criteria specified in the Quotation, or (b) 60 days after the Delivery Date. 103.2 All amounts which remain owing by the BUYER for the Products, including any amount which is specified to be payable on the Acceptance Date, will be paid by the BUYER to SELLER within 30 days after the Acceptance Date, unless otherwise agreed in writing by an authorized representative of SELLER. 103.3 Written notification must be given by the BUYER to SELLER within seven days after the Acceptance Date listing any outstanding deficiencies with respect to the Products and SELLER will use all reasonable efforts to correct such deficiencies promptly.
104. START-UP
104.1 SELLER will request a firm date for start-up of the Equipment (the “Start-Up Date”). Trojan will then schedule its technician to be on-site for the Start-up Date. The Start-up Date is binding except for any changes made in accordance with the provisions below.
104.2 On the Start-up Date, BUYER must have the Equipment and site ready as provided in the Installation Preparation Checklist contained in the Contractor Installation Package sent to BUYER and must have paid all amounts then due and payable to SELLER.
104.3 BUYER can request a rescheduling of the Start-up Date by notifying SELLER in writing not less than three weeks prior to the Start-up Date. BUYER may request that the Start-up Date be extended but may not request that the Start-up Date be moved forward. SELLER requires a minimum extension period of two weeks between the existing Start-up Date and the requested new Start-up Date in order to reschedule its technician.
104.4 SELLER may, in its sole discretion, agree to reschedule the Start-up Date where a BUYER requests less than a two-week extension but is under no obligation to do so. In the event that SELLER does agree to less than a two- week extension or that BUYER requests more than two changes to the Start-up Date, BUYER will be charged an administration fee in an amount determined by SELLER.
104.5 SELLER reserves the right to reschedule the Start-up Date to a date which is prior to or subsequent to the scheduled Start-up Date in order to accommodate its resource availability. This right to reschedule will be applicable unless otherwise agreed in writing by an authorized officer of SELLER. SELLER will provide BUYER or its representative with a minimum of 72 hours’ notice of any such change to the Start-up Date.
104.6 In the event that SELLER’S technician arrives at the project site and finds that the Equipment or the project site is not ready for start-up as defined in the Contractor Installation Package, or any amounts then due and payable to SELLER remain unpaid, BUYER may either:
(a) provided all amounts then due and payable to SELLER have been paid, issue a purchase order for all costs involved in having SELLER correct the deficiencies, or
(b) have SELLER’S technician leave the site and then reschedule the Start-up Date to a date when all deficiencies will be corrected, and the Equipment will be ready for start-up as defined in the Contractor Installation Package. If BUYER selects this option, the cost of rescheduling will be not less than a minimum amount specified by SELLER, with the final cost being determined by SELLER based on its costs and expenses incurred in connection with the rescheduling.

Rev. February 12, 2025
City of Riverbank, CA
TrojanUVSigna™ Riverbank WWTP, CA

LAYOUT DRAWING

City of Riverbank, CA
TrojanUVSigna™ Riverbank WWTP, CA

MARKED-UP SPECIFICATION
Riverbank – UV Disinfection System Ultraviolet Disinfection Equipment 181441 46 66 56 - 1
SECTION 46 66 56

ULTRAVIOLET DISINFECTION EQUIPMENT
PART 1 GENERAL

1.01 SUMMARY
A. Scope of Section:

1. Open-channel, gravity flow, low-pressure, high-output, self-cleaning, ultraviolet (UV) light system for disinfection of filtered secondary wastewater effluent to meet California Code of Regulations Title 22 and National Water Research Institute’s Ultraviolet Disinfection Guidelines for Drinking Water and Water Reuse (2012) requirements, complete, as shown on the Procurement Drawings and as specified herein.

2. The unit(s) shall be furnished and installed with all necessary accessory equipment including, but not limited to, the UV lamp modules, power distribution equipment to individual drivers and lamps, intensity sensors, system control panel, automatic lamp sleeve cleaning system, UV transmittance sensors (at 254 nm), module cleaning rack (if necessary), level transmitters, downstream water level control weir or gate, UV bank lifting system, and other auxiliary equipment, whether specifically mentioned in this Section or not, as required for an installation incorporating the highest standards for the type of service requested, including field testing and instructing the regular operating personnel in the care, operation, and maintenance of all equipment. All equipment and ancillary items provided as part of this equipment specification shall be new, field tested and proven effective for the intended service and shall meet the requirements specified in the following sections.

3. Provide complete UV controls cabinets, UV Power Distribution panels, instrumentation and equipment.

B. Required Coordination

1. Review the Process and Instrumentation Diagram(s) (P&ID) drawings within the Procurement Documents that relate to the equipment specified in this Section to familiarize themselves with the location, arrangement and the application of the equipment specified and confirm that the equipment specified is appropriate for and coordinated with what is shown on the Procurement Drawings.

C. Equipment List:

1. The numbered equipment, components, ancillaries, and panels which are in the scope of supply of this Section are as follows.

2. Instruments to be supplied by the Seller are also itemized here.

3. Refer to the P&IDs for the items enumerated in the equipment list below and the instruments which are to be supplied under this Section and which are specified in this Section.

Riverbank – UV Disinfection System Ultraviolet Disinfection Equipment 181441 46 66 56 - 2

Item Equipment Number
UV System Main Control Panel PNL4400
UV Transmittance Sensor AIT4412
UV Bank [1 - X] (quantity X per Manufacturer) UVB4440, UVB4445, (increment by 5 to total UV banks, X)
UV Bank [1 - X] UV Intensity Sensor (one per UV
Bank)
AIT4413, AIT4414,
(increment by 1 to total UV banks, X)
UV Channel Low Level Switch LSL4422
UV Channel Level Transmitter LIT/LE4423
Lift/Wipe System Control Panel (per
Manufacturer)
PNL4470
UV Power Distribution Panel PNL4460
UV Channel Level Control Weir Gate GAT4420
UV Channel Level Control Weir Gate Control
Panel
LCP4420

4. Additional un-numbered equipment which are in the scope of supply of this Section are identified in the P&IDs and are as follows:
a. Flow straightening baffles (as required by equipment manufacturer) b. UVI reference sensor

1.02 RELATED SECTIONS
A. This Section contains specific references to the following related sections. Additional related Sections may apply that are not specifically listed below. 01 11 80 Environmental Conditions
01 33 00 Submittal Procedures
01 65 00 Product Delivery Requirements
01 73 24 Design Requirements for Non-structural Components and Non-building Structures
01 78 23 Operations and Maintenance Data
01 79 00 Training
01 91 00 Commissioning
01 91 10 Reference Forms
26 05 00.01 Common Work Results for Electrical
26 09 17 Electrical Controls and Relays
40 67 01 Control System Equipment Panels and Racks – Vendor PKG Riverbank – UV Disinfection System Ultraviolet Disinfection Equipment 181441 46 66 56 - 3
43 05 11 General Requirements for Equipment
43 05 21 Common Motor Requirements for Equipment

1.03 REFERENCE STANDARDS
A. This Section contains references to the following documents. Those documents are a part of this Section as specified and modified. In the event of conflict between the requirements of this Section and those of the listed documents, the requirements of this Section shall prevail.

B. Unless otherwise specified, references to documents shall mean the documents in effect at the time of Advertisement for Bids or Invitation to Bid (or on the effective date of the Agreement if there were no Bids). If referenced documents have been discontinued by the issuing organization, references to those documents shall mean the replacement documents issued or otherwise identified by that organization or, if there are no replacement documents, the last version of the document before it was discontinued.

Where document dates are given in the following listing, references to those documents shall mean the specific document version associated with that date, regardless of whether the document has been superseded by a version with a later date, discontinued or replaced.

Reference Title
IEEE 519-2014 Recommended Practice and Requirements for Harmonic Control in Electrical Power Systems
NIST National Institute of Standards and Technology
CCR Title 22 California Code of Regulations Title 22
NWRI NWRI Ultraviolet Disinfection Guidelines for Drinking Water and Water Reuse (2012)
USEPA United States Environmental Protection Agency Ultraviolet Disinfection Guidance Manual for the Final Long Term 2 Enhanced Surface Water Treatment Rule, Office of Water (4601) EPA 815-R-06-007, November 2006
UL 508 Industrial Control Equipment
UL 508A Industrial Control Panels
CEC California Electrical Code (California Code of Regulations Title 24, Part 3) UL 67 Panelboards
UL 489 Molded-Case Circuit Breakers, Molded-Case Switches, and Circuit Breaker Enclosures
NEMA 250 Enclosures for Electrical Equipment (1000 volt Maximum) NEMA ICS-1 General Standards for Industrial Controls and Systems NEMA ICS-2 Industrial Control Devices, Controllers, and Assemblies NEMA WD-1 General Requirements for Wiring Devices
Riverbank – UV Disinfection System Ultraviolet Disinfection Equipment 181441 46 66 56 - 4

1.04 DEFINITIONS (NOT USED)

1.05 ADMINISTRATIVE REQUIREMENTS (NOT USED)

1.06 SUBMITTALS
A. Provide the following minimum documentation per Section 01 33 00 - Submittal Procedures.

B. Action Submittals - Preconstruction: Submit the following prior to construction of this element of the Work.

1. A copy of this specification section with addendum updates included, with each paragraph check-marked to indicate specification compliance or marked to indicate requested deviations.

Checkmarks () shall denote full compliance with a paragraph as a whole.

Deviations shall be underlined and denoted by a number in the margin to the right of the identified paragraph. The remaining portions of the paragraph not underlined will signify compliance on the part of the Contractor with the specifications. Include a detailed, written justification for each deviation. Failure to include a copy of the marked-up specification sections, along with justification(s) for any requested deviations to the specification requirements, with the submittal shall be sufficient cause for rejection of the entire submittal with no further consideration.

2. Completed Unit Responsibility Certification, Form 43 05 11-C as found in Section 01 91 10 – Reference Forms, attesting that the Contractor has assigned, and that the Manufacturer accepts unit responsibility in accordance with the requirements of this Section and Section 43 05 11 – General Requirements for Equipment. No other submittal material will be reviewed until the certificate has been received and found to be in conformance with these requirements.

3. A copy of the control diagrams and process and instrumentation diagrams in the Drawings related to the submitted equipment, with addendum updates that apply to the equipment in this section, marked to show specific changes necessary for the equipment proposed in the submittal. If no changes are required, the drawing or drawings shall be marked "no changes required". Failure to include copies of the relevant drawings with the submittal shall be cause for rejection of the entire submittal with no further review.

4. Manufacturer’s data including product literature, materials of construction, construction details of equipment, wiring diagrams, and weight of equipment for all manufactured items, including control system components.

5. Total connected power as well as calculated power consumption to deliver design dose at current and future flows under specified design conditions per Article 2.03.

6. Detailed shop drawings per Section 26 05 00.01 and as follows:
a. Construction of the UV system and ancillary equipment. b. Installation details including equipment mounting.
c. Details of interconnections and interface requirements. d. Identifying the materials of construction and equipment weights e. Locations of major elements of the UV system including critical clearance requirements.
f. Schematic and layout drawings for control systems.

Riverbank – UV Disinfection System Ultraviolet Disinfection Equipment 181441 46 66 56 - 5
g. Panel construction drawings:
1) Showing locations of panel-mounted devices, doors, louvers, and other features.
2) Drawn to scale.
3) Including a legend for identifying components, devices, manufacturers, type numbers, tag numbers, and all nameplate inscriptions.
4) Conduit stub-up/entry locations for equipment.
h. Panel interconnection drawings showing point-to-point wiring between equipment, panel, terminal, junction boxes, and field-mounted components.

7. PLC Input/Output list with formatting

8. Memory map for PLC registers, coordinate with System Integrator for formatting.

9. Control narratives and graphics screens.

10. Theoretical harmonic analysis study for the UV disinfection system which calculates anticipated harmonic distortion levels and evaluates compliance with the harmonics and line notching requirements per IEEE Standard 519.

11. Hydraulic calculations demonstrating projected head loss and hydraulic characteristics.

12. A report documenting the third-party validated bioassay of the UV system. Only MS-2 bioassays that were conducted by an independent third party will be accepted, without exception. Bioassay validation methodology shall follow protocols described in NWRI. The validation report will be provided to the Engineer to verify that the system design and operation matches the validation report (i.e., sufficient equipment, validated UV dose equation programmed into the controller and that the operating conditions fall within the validated operating window at design conditions of aging, fouling, flow, and UVT).

13. Bill of Material, Wiring and Layout Drawings for Panels showing:
a. Components of a control panel in an arrangement like the actual layout of the panel.
b. Internal wiring between devices within the panel
c. All terminal blocks, whether used for internal or field wiring. Those used for field wiring shall be clearly identified as such.
d. Wiring diagrams shall indicate insulation color code, signal polarities, wire numbers and terminal block numbers.

14. Interconnection Diagrams for field wiring
a. Show panel and associated field devices, wire numbers, cable numbers, raceway numbers, terminal box numbers, panel numbers, and field device tag numbers.

15. Dimensioned drawings
a. Show required access and clearances, including any layout requirements of the equipment.
b. Include all equipment and accessories as a complete system including crosssection views.

16. Whole size, location and number of anchorages. Data required to support equipment anchorage calculations by Installation Contractor.

17. Special warranty documentation.

18. Manufacturer’s operation and maintenance information in accordance with Section 01 91 10 Form 01 78 23-A.

Riverbank – UV Disinfection System Ultraviolet Disinfection Equipment 181441 46 66 56 - 6
C. Action Submittals - Construction: The following shall be submitted during construction of this element of the Work.

1. Operations and Maintenance Manuals (including Warranty) in accordance with Section 01 78 23 – Operation and Maintenance Data.

2. Factory Test Reports

3. Field Testing Plan

4. Field Test Reports
D. Informational Submittals: Submit the following minimum submittals for inspection.

1. Provide manufacturer testing reports.

E. Closeout Submittals: The following minimum submittals shall be submitted for inspection.

1. Provide final /as-built electronic programmable logic controller (PLC) and operator interface terminal (OIT) files in unlocked and unencrypted native machine-readable format for all programs and configurations developed under this contract.

Incorporate any changes made during or after factory testing in the final documentation and electronic O&M manual.

2. Final Operations and Maintenance Manuals (including final Warranty documents) in accordance with Section 01 78 23 – Operation and Maintenance Data.

3. Manufacturer's Installation Certification, Form 43 05 11-A as found in Section 01 91 10 – Reference Forms.

4. Manufacturer’s Instruction Certification, Form 43 05 11-B as found in Section 01 91 10 – Reference Forms.

5. Manufacturer's Operations Certification, Form 43 05 11-D as found in Section 01 91 10 – Reference Forms.

1.07 QUALITY ASSURANCE
A. Unit Responsibility:

1. Assign Manufacturer’s unit responsibility, as specified in Section 43 05 11 – General Requirements for Equipment, for the Ultraviolet Disinfection System specified herein including motor drives, level control gates and actuators, UV transmittance sensor, level transmitter and all other ancillaries specified in this Section.

2. Manufacturer’s Field Representative shall have at least 5 years of experience installing and commissioning ultraviolet disinfection systems.

1.08 SHIPMENT AND STORAGE
A. Ship and store products in accordance with Section 01 65 00 – Product Delivery Requirements.

B. Provide the Contractor with detailed recommendations and instructions for product storage.

1.09 WARRANTIES
A. Standard Product Warranty:

Riverbank – UV Disinfection System Ultraviolet Disinfection Equipment 181441 46 66 56 - 7

1. Provide a warranty for the equipment specified under this Section in accordance with the General Conditions.

2. Warranty shall be for a period of 18 months from delivery or 1 year from the date of installation, whichever comes first.

B. Special Warranty:

1. Manufacturer shall warrant UV disinfection equipment against defects in materials and workmanship for the following system components:
a. UV Lamps: The UV lamps shall be warranted for a minimum of 12,000 hours on a prorated basis proportional to the hours not used up to the guaranteed life after 9,000 hours; for lamp failure before 9,000 hours, the Manufacturer shall provide a replacement free of charge. The Manufacturer shall warrant that the UV lamp output will be no less than the end of lamp life (EOLL) factor listed in Paragraph

2.03 F of a new lamp (after 100 hours of initial lamp burn in). b. UV Ballast: The UV ballasts shall be warranted for a minimum of 5 years on a prorated basis proportional to the months not used up to the guaranteed lifespan after 2 years; for ballast failure before 2 years the Manufacturer shall provide a replacement free of charge.
c. UV Sleeves: The UV sleeves shall be warranted for a minimum of 5 years on a prorated basis proportional to the months not used up to the guaranteed lifespan after 1 year; for sleeve failure before 1 year the Manufacturer shall provide a replacement free of charge. Sleeve failure occurs when sleeve transmittance permanently drops 10 percent below the transmittance of a new sleeve. d. UV Sensors: The UV intensity sensors shall be warranted for a minimum of 3 years. Sensor failure occurs when the sensor does not function properly or does not meet accuracy requirements (ability to maintain calibration +/- 20% intensity as measured relative to a reference sensor).

PART 2 PRODUCTS

2.01 TYPE
A. Open-channel, low-pressure, high-output, self-cleaning, UV light disinfection system.

2.02 MANUFACTURERS
A. The Engineer and the Project Owner believe that the following manufacturers are capable of producing equipment and products which will satisfy the requirements of this Section.

This statement, however, shall not be construed as an endorsement of a particular manufacturer or product, nor shall it be construed that a named manufacturer’s standard product will comply with the requirements of this Section.

B. Candidate Manufacturers include:

1. Trojan Technologies, Inc, Trojan UVSigna

2. Xylem, Inc., Duron 8

3. or Approved Equal
Riverbank – UV Disinfection System Ultraviolet Disinfection Equipment 181441 46 66 56 - 8

2.03 CONDITIONS/PERFORMANCE/DESIGN CRITERIA
A. Equipment furnished under this Section shall be suitable for operation in the conditions described, provide the performance required and with the design criteria specified.

B. Environmental Conditions

1. Equipment in this Section shall be subjected to environmental conditions in accordance with Section 01 11 80 – Environmental Conditions.

2. The equipment specified in this Section will be located outdoors, where ambient temperatures will range from 27-degrees Fahrenheit in the winter and 106-degrees Fahrenheit in the summer.

C. The UV treatment system shall produce an effluent conforming to Title 22 and NWRI standards.

1. Provide a UV system complete with UV Banks, PLC Control Panel, Ballast Panels, and Level Controller(s) as shown on the Procurement Drawings and as herein specified.

2. The UV system shall not exceed the following limits: 2.2 Total Coliform MPN per 100 mL, based on a 7-day Median; 23 Total Coliform MPN per 100 mL maximum in more than one sample in any 30-day period; and 240 Total Coliform MPN per 100 mL maximum in any sample, as described in Paragraph 2.03.F. Grab samples shall be taken in accordance with the Microbiology Sampling Techniques found in Standard Methods for the Examination of Water and Wastewater, 21st Ed.

3. The UV system shall be designed to deliver a minimum bioassay-validated MS2 Reduction Equivalent Dose (RED) of 100 mJ/cm2 at peak flow, in effluent with a UV Transmission of 55% at end of lamp life (EOLL) after reductions for quartz sleeve fouling per Paragraph 2.03.E. The basis for evaluating the UV dose delivered by the UV system shall be the independent third-party bioassay, without exception. Bioassay validation methodology to follow protocols described in NWRI.

4. The UV dose shall be adjusted using an EOLL factor per Paragraph 2.03.E to compensate for lamp output reduction over the time period corresponding to the manufacturer’s lamp warranty. The use of a higher lamp aging factor will be considered and approved by the Engineer only upon review and approval of independent third party verified data that has been collected and analyzed in accordance with protocols described in NWRI and subject to the maximum per Paragraph 2.03.E.

5. The UV dose shall be adjusted using a quartz sleeve fouling factor per Paragraph

2.03.E when sizing the UV system to compensate for attenuation of the minimum dose due to sleeve fouling during operation. The use of a higher quartz sleeve fouling factor will be considered only upon review and approval of independent third partyverified data that has been collected and analyzed in accordance with protocols described in NWRI and subject to the maximum per Paragraph 2.03.E.

6. Independent validation for use of higher factors (lamp aging and sleeve fouling) must be submitted to the Engineer with bid.

7. The standby UV equipment shall be at a minimum equivalent to 20 percent of the UV equipment required for the disinfection of the design flow. The system shall be able to continue providing UV treatment while replacing UV lamps, quartz sleeves, ballasts and while cleaning the UV lamp sleeves on a single bank. That is, if one bank is taken out of service for maintenance, the remaining banks shall provide adequate disinfection to maintain plant operation.

Riverbank – UV Disinfection System Ultraviolet Disinfection Equipment 181441 46 66 56 - 9
D. Service Conditions:

Service Conditions
Description All UV Banks
Fluid Type Filtered Secondary effluent
UV transmittance at 254 nm (UVT) of 55% or higher
Fluid
Temperature
60 to 86 degrees F
E. Operating Conditions:

Operating Conditions
Description Value
Design flow, mgd 2.3
Flow range, mgd 0 – 2.3
Average dry weather flow, mgd 2.3
Minimum UV transmittance at 254 nm, % 55
Total Suspended Solids ≤5 mg/L (30-day
average)
Turbidity <2 NTU
End of lamp life factor (EOLL), maximum with verification data 0.9 End of lamp life factor (EOLL), default 0.5
Fouling factor (FF), maximum with verification data 0.95 FF, default 0.8
Maximum UV system total connected load (kW) 60
F. Design Requirements:

Design Requirements at Specified Operating Conditions
Parameter All UV Banks
Median of Total Coliform MPN per 100 mL for any consecutive 7-day period
≤ 2.2
Maximum concentration of effluent Total Coliform MPN per 100 mL in more than one sample in any 30-day period
23 Maximum concentration of effluent Total Coliform MPN per 100 mL in a single sample at any time
240
Minimum UV reduction equivalent dose (RED) at maximum daily flow, mJ/cm2
≥ 100
Number of UV channels 1
Channel length, feet Per Manufacturer
Channel width, inches Per Manufacturer
Channel depth, inches Per Manufacturer
Number of UV banks per channel Per Manufacturer (duty)
plus 1 standby
Number of UV modules per bank Per Manufacturer
Total number of UV lamps, including redundancy Per Manufacturer Number of UV intensity sensors per bank of modules 1
Number of power distribution/Ballast Panels Per Manufacturer Riverbank – UV Disinfection System Ultraviolet Disinfection Equipment 181441 46 66 56 - 10
Design Requirements at Specified Operating Conditions
Parameter All UV Banks
Number of PLC-based system control centers 1
Lamp sleeve cleaning system Mechanical or
mechanical/chemical
G. Structural Design Requirements

1. Provide equipment in accordance with the structural and seismic requirements of Section 01 73 24 - Design Requirements for Non-Structural Components and NonBuilding Structures.

2. Mechanical, instrumentation and control, electrical, nonstructural systems, components, and elements permanently attached to the structure shall be anchored and braced to resist seismic forces. Contractor shall design the structural components, seismic attachment, braces, and anchors to the structure for all parts or elements of the mechanical and electrical systems in accordance with Section 01 73 24.

2.04 OVERVIEW OF EQUIPMENT OPERATION
A. A brief summary of the equipment operation is provided here.

B. The UV disinfection system will be fed effluent from the tertiary filter. A UV transmittance sensor upstream of the UV banks will aid in optimizing the UV light output of the UV banks. UV intensity sensors at each UV bank, along with flow rate and UV transmittance, will be used to automatically modulate the UV lamp output for dose-pacing. Water surface elevation in the channel will be measured by a level sensor monitor and automatically controlled by a motorized gate downstream of the UV banks. An automatic mechanical or chemical/mechanical wiping cleaning system will be used to clean the lamps periodically based on a timed interval or operator initiated. A manually operated, powered (hydraulic or electric) UV bank lifting system will be used to completely lift the UV bank from the channel. A disinfectant, like sodium hypochlorite, may be dosed into the UV channel before the UV banks for intermittent cleaning of the channel. Chemical dosing system provided by Installation Contractor.

2.05 MATERIALS
A. Materials specified are considered the minimum acceptable for the purposes of durability, strength, and resistance to erosion and corrosion.

B. Materials of construction:

Component Material
All metal components exposed to or in
contact with filtered secondary effluent
Type 316 stainless steel
All components exposed to UV light Type 316 stainless steel, type 214 quartz, Teflon, or another suitable UV-resistant
material
All metal components not in contact with
filtered secondary effluent and/or UV light
Type 316 or 304 stainless steel
UV lamp sleeves Type 214 clear fused quartz or equal
Riverbank – UV Disinfection System Ultraviolet Disinfection Equipment 181441 46 66 56 - 11
C. Where two or more units of similar type are required, provide products of a single manufacturer.

2.06 EQUIPMENT COMPONENTS
A. Design:

1. Low-pressure high-output (LPHO) UV light disinfection equipment designed to reduce virus and bacteria concentrations in filtered secondary effluent from a secondarytreated and tertiary filtered wastewater process.

2. Lamp layout with centerline spacing to ensure effective disinfection while maintaining practical system headloss.

3. Maintain required submergence of the UV lamps at all flows within required range.

4. UV system must be able to automatically restart and resume operation following a loss of utility power without any manual intervention.

B. Ultraviolet Lamps and Ballasts:

1. LPHO amalgam UV lamps.
a. Designed to produce UV light with at least 90 percent of the UV emission at 254 nanometer wavelength.

2. Filament with clamped design, sufficiently rugged to withstand shock and vibration.

3. Single-end electrical connection.

4. Rated to produce zero ozone.

5. Lamp bases designed to be resistant to UV and ozone.

6. Lamp design preventing electrical arcing between electrical connections in moist environments.

7. Wiring connection to lamp designed such that heat from the lamp does not adversely affect the wiring.

8. Electronic ballasts specifically designed for the proposed lamps.

9. Lamp and sleeve system designed for field replacement by operating personnel at the plant.

C. Lamp Sleeves:

1. Provide sleeves around each UV lamp to prevent lamps and electrical connections from coming in contact with the process fluid.

2. Minimum UV transmission: 90-percent at 254 nanometer wavelength.

3. One closed end, one open end with smooth radius edges.

4. Designed to not degrade in the presence of UV light.

D. Modules:

1. 316 Stainless steel support structure for UV lamps.

2. Each UV module shall be rated NEMA 6P. Modules shall be connected to the power distribution equipment using a water-resistant, NEMA 6P rated, UL rated, multi-pin connector to enable easy disconnection to facilitate module removal.

3. Provide separate power and signal cabling.

4. Lifting lugs, lifting brackets, or similar so that modules can be lifted with a standard hoist or forklift during installation and servicing.

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E. Mechanical or Mechanical/Chemical Wipers:

1. Hydraulically- or electrically-driven mechanical or mechanical/chemical wipers.

2. Operable in either manual or automatic mode.

3. Field-adjustable cleaning cycle intervals.

4. Designed to provide effective and uniform cleaning performance, long service life, low replacement and maintenance costs, and compensation for wear over the life of the wiper.

5. UV-resistant materials.

6. Wipers designed to be replaceable without having to dismantle the wiper drive system or disassemble the module structure.

7. Centrally located means of supporting and aligning the wipers properly throughout travel.

8. Wiper path that travels the full arc length of the UV lamps.

9. Seller shall provide all equipment including any equipment not specifically listed required to perform out of channel manual cleaning of lamps. Contractor will be responsible for installation.

F. Intensity Sensors:

1. One sensor per bank of UV modules to measure UV intensity at 254 nanometers wavelength.

2. Designed to avoid degradation with prolonged exposure to UV light.

3. Located to facilitate easy maintenance.

4. Displayed UV intensity readings at the system control panel.

5. Provide reference sensor check procedure at system control panel to allow operators to check the output of each UV intensity sensor against a calibrated sensor.

6. Clean sensors at the same frequency as lamp sleeves to prevent fouling of the sensor. Provide NIST- or PTB-traceable calibration certificate.

G. Bank Lifting System:

1. Each UV bank shall be equipped with an integral lifting mechanism to raise the bank out of the channel for servicing.

H. Stainless Steel Effluent Weir Gate:

1. Seller shall supply a motorized, modulating effluent weir gate for each channel.

2. Installation Contractor will be responsible for power supply to the operators, termination of gate wiring to the enclosures, and installation of the gates and associated operators. Seller shall be responsible for connecting all the controls and wiring to the UV System Main Control Panel. Instrumentation and controls for operation of the effluent gates shall be fully integrated by the Seller into the instrumentation and control system.

3. The dimensions of the effluent gate shall be designed in accordance with the channel geometry and the peak hydraulic flow.

4. The effluent weir gate shall be designed to maintain the in-channel water level within the Seller’s recommended range, to maintain UV lamp submergence at all rates of flow within the ranges specified in Paragraph 2.03 E of this Section.

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2.07 ELECTRICAL COMPONENTS AND ACCESSORIES
A. Power is available from the plant distribution system at 60Hz and the following voltage configurations: 480V, 3-phase, 3-wire; 480/277 3-phase, 4-wire; and 208/120V, singlephase, 3-wire.

B. Harmonic-mitigating transformers for Ballast Panels shall be provided by others if necessary.

C. Provide power distribution panels to receive plant power and distribute it to all equipment, instruments, and control panels provided. Power distribution panels shall be designed by the manufacturer and shall be per Section 26 05 00.01.

D. Harmonics Study:

1. Provide a theoretical electrical system harmonic study to verify harmonic distortion levels at the primary terminals of the harmonic mitigating transformers feeding the UV system Ballast Panels. The study shall evaluate compliance with recommended maximum harmonic distortion levels specified in IEEE 519. a. Perform or hire an independent contractor to perform a harmonic study to determine anticipated harmonic distortion levels and evaluate harmonic distortion relative to the requirements of IEEE 519. For preliminary calculation purposes:
1) Short circuit current at power input terminals: 65,000 A. 2) Point of Analysis (Point of Common Coupling): UV system power input terminals.
b. Perform calculations assuming the UV system operating and no other loads operating on the system.

2. Include the following information in the study, at a minimum:
a. Explanation of method used to perform the study.
b. Explanation of study results with specific recommendations on additional filters and/or other measures, which may be implemented to meet the IEEE 519 limits if limits are not already met.
c. All calculations and/or computer simulation results used to arrive at the recommendations.
d. Individual UV module voltage and current harmonic content calculated at the UV module up to the fiftieth harmonic, and the combined total of all the UV module harmonic contents reflected in the system source supply voltage and current as a percentage of the 60-Hertz fundamental under actual load conditions from 0 to 60 Hertz in 10-Hertz increments.

3. Study recommendations for additional harmonic mitigation measures shall be proposed to meet the requirements of IEEE 519 for harmonic distortion at the Point of Common Coupling for voltage and current distortion levels and line notching.

Capacitor-inductor filter traps that require tuning to the power system per Tables 1 and 2, are not acceptable. Harmonic mitigation schemes that require the operation of multiple banks are not acceptable.

4. Determine or estimate all data necessary to perform the study, including feeder cable sizes, approximate feeder length, motor data, electrical distribution equipment data, existing field data (if required), and any other information relative to the study.

Identify any data in the study that is based on an estimate.

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5. Provide the report prior to releasing the UV system for fabrication.

6. Provide an up-to-date single line diagram with referenced data with the submittal for the study.

E. Power distribution panels, control panels, and instruments shall be provided by a UL 508A panel shop. Panel shop shall provide integration services to ensure equipment and instrument selection is consistent with the UV system provided. Panel shop shall prepare customized, detailed drawings for this project as described herein. Panel shop shall prepare customized, detailed product submittals for approval by the Project Owner prior to procurement or fabrication by the panel shop. Control panel shall be per Section 40 67 01.

F. Panel shop shall determine and suitably mark the short circuit current rating on all panels.

G. Panel shop shall provide the harmonic study described above.

H. Panel shop shall participate in the testing and training described in Part 3 below elsewhere in the specifications.

I. Manufacturer’s standard equipment shall be acceptable provided it meets California Energy Code requirements, is appropriately listed, and has North American ratings.

Manufacturer’s standard panels shall be acceptable as modified to meet the requirements specified herein and in other Sections.

2.08 INSTRUMENTATION
A. System instruments shall be provided as shown on the P&ID drawings. Seller shall redline the P&ID drawings as required to reflect its design and provide instruments for a complete and functional UV disinfection system.

B. Manufacturer shall provide ancillary devices as required, including solenoid valves, actuators for control valves, and safety devices as shown or specified.

C. Panel shop shall provide the appropriate equipment protection devices. This may include overload, over-torque, low/high pressure, etc. Equipment shall be appropriately protected and protection shall be incorporated into the controls systems provided by Seller.

D. UV Transmittance (UVT) Monitor:

1. Provide a UVT monitor suitable for measurement of the transmittance of tertiary filter effluent at a germicidal wavelength of 254 nm.
a. Suitable for continuous online measurement and for use as dose pacing. b. Provide local indication of the transmittance (0–100 percent) and terminal blocks for a 4-20 mA output proportional to the measured transmittance. c. Provide smoothing algorithm to attenuate temporary spikes in the signal, and allow manual setpoint entry to override measured transmittance. d. Provide unit consisting of a UV light source, filter, 10-mm sample cell, and a detector.
e. Measure transmittance with a minimum accuracy of plus/minus 1 percent of actual value and have a 30-second maximum response time.

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2. Incorporate a display screen for visual trend analysis on a 60-minute or 24-hour basis, housed in a NEMA 4X rated, 316 stainless steel enclosure suitable for wall mounting.

3. Operable based on a 120 VAC, 60-Hz power supply

4. Power the UVT monitor from the 120 VAC supply of the Control Panel.

5. If the UVT monitor and sensor have integral cabling, coordinate with Buyer for cable lengths to be provided.

E. Water Level Switch and Level Transmitter

1. One low water level switch and one level transmitter shall be provided for each UV channel

2. The level switch is hardwired to turn-off lamps. During system operation, the level switch will ensure that lamps extinguish automatically, before any damage occurs, if the water level in the channel drops below an acceptable level.

3. For the float or electrical type level switch, vendor shall provide weights and install per manufacturers recommendation. If the float switch has integral cabling, coordinate with Buyer for cable length to be provided.

4. The water level transmitter will be wired to UV System PLC control panel by others and will provide level monitoring for indication and alarm

2.09 CONTROL PANELS
A. Control panels shall be furnished by the equipment supplier. Vendor control panel or panels (VCP) shall be provided for each system in accordance with the requirements of this Section, Section 26 09 17 and Section 40 67 01. All necessary components and wiring shall be provided and installed for a complete, functional system.

B. PLC Control Panel Description:

1. Control panels shall contain operator control devices, control relays, indicating lights and other panel devices to provide the specified system operation and shown on the P&ID drawings, as specified herein and as required by the applicable project control panel specifications.

2. Control panels shall include:
a. Programmable Logic Controller (PLC) or Remote I/O devices b. Panel mounted Operator Interface Terminal (OIT)
c. Ethernet switch
d. Any hardwired control logic required
e. DVDT output filters where applicable
f. Heating, Ventilation, Air Conditioning System
g. Uninterruptable Power System
h. A panel mounted emergency stop push button Removed in Add #2

2.10 EQUIPMENT CONTROL DESCRIPTION
A. Detailed equipment control description shall be provided by Manufacturer.

B. Energy Saving Control Mode:

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1. Design system to be operated in dose-pacing control mode or other manufacturer’s standard control mode, developed to adjust lamp brightness and conserve energy based on influent flow characteristics.

2. Dose-pacing design:
a. Adjust lamp output or number of lamps in service based on flow rate into system and measured UV intensity.
b. Upon loss of flow signal from plant control network, adjust all lamps to full power until flow signal is corrected. (loss of flow results in design flow being used, not full power) c. Upon loss of UV intensity signal from UV system adjust all lamps to full power until UV intensity signal is corrected. (System will use theoretical intensity in this instance)

3. Allow for operation of the system in either automatic or manual modes.

C. Remote Monitoring and Operation

1. The UV system control PLC is connected to plant SCADA/PLC through Ethernet /IP.

Vendor shall work with plant System Integrator to develop a list of parameters that will be exchanged between the vendor PLC and plant SCADA system. All alarms, control signals, and status signals shall be communicated to support remote operation of the vendor supplied equipment.

2. Alarms shall be provided to indicate to plant operators that maintenance attention is required or to indicate an extreme alarm condition in which the disinfection performance may be jeopardized. The alarms shall include, but not be limited to:
a. Individual Lamp Failure
b. Multiple Lamp Failure
c. Low UV Intensity
d. Low UV Dose
e. UVT Monitor Signal Failure

2.11 SAFETY ENCLOSURES AND MEASURES
A. Provide equipment with removable enclosures to protect personnel against accidental contact with moving parts and prevent dripping in multilevel installations in accordance with the guards and caution sign requirements in Section 43 05 11 – General Requirements for Equipment.

2.12 NAMEPLATES
A. Equipment nameplates shall be provided on each item of equipment, including the primary equipment supplied, valves, operators and all other major appurtenances that are part of the scope of supply of this Section. Equipment nameplates shall be engraved or stamped stainless steel and fastened to the equipment in an accessible and visible location with stainless steel screws or drive pins.

B. Electrical nameplates shall be provided on each electrical item supplied including control panels, motors, and variable frequency drives which are part of the scope of supply:

1. Provide nameplates for all enclosures containing electrical equipment, including the following information:
a. Unique identifier matching the Contract Drawings (e.g. LCP-2200) b. Functional description of equipment served (e.g. Bar Screen 2) Trojan compliant with changes per Add#2
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c. Upstream disconnecting means / source of power (e.g. “SOURCE: LP-15 CKT 23”)

2. Provide nameplates for all boxes (including pull, junction, and terminal boxes), including the following information:
a. Unique identifier matching the Contract Drawings
1) Where no identifier is present on the Drawings, assign a unique identifier that relates to the tags assigned to upstream conduits.
2) Maximum operating voltage of conductors contained in the box (e.g. 480VAC, 120VAC, 24VDC, SIGNAL, NETWORK, or FIBER)

3. Nameplates shall be made from laminated phenolic plastic. a. Black backgrounds with 3/16-inch white letters.
b. Fastened using self-tapping stainless-steel screws. Nameplate adhesives will not be permitted on the outside of enclosures.
c. Submit abbreviations due to space limitations to Project Owner prior to manufacture.

2.13 EQUIPMENT MOUNTING AND ANCHORAGE
A. Equipment Anchor Bolts

1. Provide machinery and components sufficient for wind and seismic structural design and anchorage design in compliance with Section - 01 73 24 – Design Requirements for Non-Structural Components and Non-Building Structures.

2.14 COATINGS (NOT USED)

2.15 SOURCE QUALITY CONTROL
A. Prior to panel shipping, Factory Acceptance Test (FAT) shall be conducted for Electrical panels and PLC Panel, PLC programming/configuration and OIT graphics.

B. The purpose of these tests is to ensure hardware components are installed and function per design, PLC programming and configuration is done per design requirements, and OIT graphics function per design.

C. Seller shall submit a FAT Plan to Engineer for review and approval prior to starting the test.

D. Factory Acceptance Test may be witnessed at the discretion of the Project Owner.

Expenses for witnessing by Project Owner/Engineer (i.e., travel), will be covered by Project Owner.

2.16 SPARE PARTS
A. Provide the following spare parts:

1. Five percent spare parts for the installed lamp assemblies, including lamps, drivers, sleeves, mechanical wiper rings and seals.

2. Five percent spare parts for the installed ballasts, including all electrical connectors, mounting parts or other items that would be replaced upon ballast replacement.

3. Two UV intensity sensors.

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4. Three pairs of personnel goggles or face shields for protection against UV energy between 200- to 400-nanometers wavelength.

5. Two UV area warning signs.

6. A quantity of any required lubricants and cleaning chemicals, wipers, or brushes suitable for 18 months’ operation with quantities determined based on actual operation during startup and prior to Substantial Completion.

7. Spare parts for PLC and control panel as specified in Section 40 67 01

8. One spare hydraulic service center hydraulic pump, or if hydraulics are not used for wiping, one wiping motor.

9. Two (2) sets of all special tools required to perform operation and maintenance activities and/or installation of the UV system equipment.

PART 3 EXECUTION

3.01 INSTALLATION
A. Seller shall provide the Contractor with detailed recommendations and instructions for installation of the equipment specified in this Section.

B. The Contractor will install the UV disinfection system in strict compliance with the Manufacturer's instructions and recommendations. Contractor will coordinate all installation work with the work of other trades required for a complete and functional UV system.

C. Attend a pre-installation meeting with the Project Owner to review general procedures, erection and installation instructions, and installation sequence if required by the Contractor. In-person or virtual attendance will be at the discretion of the Installation Contractor. (Virtual per addendum #2)
D. Provide Manufacturer's representative inspection of the installation and supervision of any required modifications, additions, or other changes required to allow the Manufacturer to certify that the complete installation is appropriate and is expected to operate as expected.

E. Equipment Mounting:

1. Position equipment pad and equipment anchors for final placement of equipment.

2. Use a bolting template to position equipment anchors.

3. Level Mounting Plates to 0.005 inch/foot or less.

4. Pour grout bed supporting each mounting plate.

5. Eliminate grout voids below mounting plate.

6. Tension equipment anchors
F. Provide a completed Seller’s Installation Certification Form, Form 43 05 11-A, Section 01 91 10 – Reference Forms, for each equipment installation.

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3.02 MANUFACTURERS FIELD SERVICES
A. On-Site Inspections and Training: Provide a factory-trained manufacturer’s representative at the Site for the following activities. Specified durations do not include travel time to or from the Site.

1. Installation Inspections: Assist, supervise, and inspect the Contractor’s activities during installation (Article 3.01). Provide a minimum of 4 days technician time.

2. System Component and Functional Test Phases Testing and Inspections: Assist, supervise, and inspect the Contractor’s activities during the system test phase specified in Article 3.03 and this Section. Provide a minimum of 7 days technician time. Complete Form 43 05 11-A, Section 01 91 10 for each test.

3. Performance Test Phase Testing and Inspections: Assist, supervise, and inspect the Contractor’s and Engineer’s activities during the performance test phase specified in Article 3.03 and this Section. Provide a minimum of 5 days technician time.

4. Training Sessions: Reference Article 3.04 of this Section

5. Follow-Up Visit: Assist and supervise plant and contractor staff with ongoing observation and maintenance, addressing specific problems, and reviewing startup of the system during the warranty period. Provide a minimum of 2 days supervision.

3.03 COMMISSIONING, TESTING, AND STARTUP
A. General

1. Provide Field Testing and Commissioning in accordance with the requirements of Section 01 91 00 - Commissioning.

2. Manufacturer to provide detailed procedures for Field Testing and Commissioning procedures.

3. Provide Field Testing and Commissioning under the direction of experienced and qualified personnel provided by the Seller.

B. Special Requirements

1. In addition to the Field Testing and Commissioning requirements specified in Section 01 91 00 – Commissioning, perform the following specific field tests.

2. Component Test Phase
a. Procedures: Section 01 91 10 Form 01 45 20-A.
b. General:
1) Contractor will be responsible for component testing with assistance from Manufacturer as further detailed below.
a) Manufacturer shall provide a factory-trained technician to supervise startup and testing of the system.
b) Manufacturer shall confirm system operates to the specified requirements.
c) If required, repair system to meet requirements at no additional cost to the Project Owner.
d) Installation Contractor will provide the required manpower, equipment, and materials needed to conduct all tests, except routine effluent testing.

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e) Provide a test plan including test procedure and the services of a certified independent laboratory, approved by the Project Owner, to conduct all required laboratory analyses during performance testing, except during the routine effluent testing. Laboratory testing during the routine effluent test will be conducted by the Project Owner’s laboratory. f) Notify the Project Owner, in writing, of the proposed dates of functional testing and performance testing not less than two weeks before the proposed start of each test.

3. Functional Testing
a. Manufacturer shall submit a Functional Test Plan to Engineer for review and approval at least two weeks prior to functional testing. b. Manufacturer’s representative shall inspect the following items prior to testing.

Once inspected, the Manufacturer’s representative shall approve the installation and provide certification that the system components have been installed correctly and are ready for operation.
1) Proper alignment of system components where appropriate. 2) Correct operation of system.
3) Proper connections between components.
4) Satisfactory function of all components.
c. Test all alarms to be seen on the OIT/HMI:
1) Test all functions to be monitored by plant control system. 2) Test all functions to be written by plant control system. 3) Test all I/O points to ensure functionality.
4) Test all OITs and PLC control panels.
d. Demonstrate the system and related controls operate in accordance with the requirements of this Section. The calculated UV dose should match that predicted by the third-party validation report as a function of flow, UVT and sensor output.
e. Functional Test shall be witnessed.
f. If the functional tests do not meet the requirements of this section, adjust, modify, or change the UV system as required to meet the requirements. g. If the system meets the requirements specified herein, the system will advance to the performance testing.
h. If, in the opinion of the Project Owner, the functional tests do not meet the requirements specified herein, performance testing will not begin until the supplier has made, at no cost to the Project Owner, such adjustments, changes, and/or additions as necessary to correct the system and demonstrated this by a satisfactory functional test as specified above.

4. Performance Testing
a. General:
1) Seller shall provide a validation report for the specified UV system describing a third-party validation per Paragraph 1.06.B.12.
2) The UV system shall undergo a spot-check bioassay performance test following installation to demonstrate its ability to meet treatment objectives. b. Spot Check Bioassay
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1) Reactor Spot-Check Commissioning Testing to occur only after satisfactory field test reports have been provided to the Project Owner and Engineer. 2) The Installation Contractor shall notify the Project Owner and Engineer and the Regulator having jurisdiction of the test date and protocol. Spot Check Commissioning Test shall be in accordance with the requirements specified in Chapter 3 of the NWRI Guidelines (2012).
3) Installation Contractor shall prepare and provide to the Project Owner and Engineer and Regulator a Reactor Spot-Check Commissioning Test protocol 60 days prior to the anticipated commencement of testing for review and approval. Installation Contractor shall not commence testing until test protocol is approved by Regulator. Seller shall support Contractor’s development of the test protocol.
4) Upon completion of the Reactor Spot-Check Commissioning Test, a report documenting and detailing the test results shall be submitted to the Project Owner and Engineer for review and approval within 30 days of testing.

Installation Contractor shall provide two (2) copies of the report. 5) Once the Project Owner and Engineer approves the Reactor Spot-Check Commissioning Report, the Installation Contractor shall submit to Regulator for site-specific UV Disinfection System approval. The bioassay results are required to demonstrate that the UV system will deliver the specified Reduction Equivalent Dose (RED) based on the water quality and operating conditions specified herein.
6) The Manufacturer shall provide, to the Contractor, the spot check bioassay test protocol and results report, and, as part of its scope, provide required test equipment to the site, analytical lab services, UVT modifier solution, bioassay microbe stock (e.g., MS2 bacteriophage), and third-party oversight.

Provisions for managing flow through the UV system during testing will be provided by others.
7) The Manufacturer shall make corrections to UV system and rerun tests as required by Regulator in the case that the Reactor Spot-Check Commissioning Test Report is not approved. Corrections and additional testing, including third party services, travel and onsite services, shall be at the expense of the Seller.
8) Reactor Spot-Check Commissioning Testing to occur prior to substantial completion and shall be one of the conditions precedent to achieving Substantial Completion.

5. Harmonics Testing
a. Harmonic Testing
1) Employ an independent contractor experienced in electrical system harmonic content field measurements and analysis to measure the harmonic content of the system at the Point of Common Coupling (PCC), defined for this project as the 480 V bus of the UV system switchboard.
2) Measure the harmonic current and voltage attributable to the UV disinfection system in the power distribution system for all bank configurations prior to final acceptance.

6. Supervision, Certification, and Report of Testing
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a. The Manufacturer's representative shall participate in/witness the functional testing of the intensive portion of the effluent quality testing and certify the system’s performance during the tests. The testing shall be documented, and a report shall be provided to the Project Owner.
b. The Project Owner will conduct routine effluent quality tests during continuous operation of the system, and document all data and lab report sheets, and provide a description of the performance testing procedures and results. Once the test report is complete, a certification that the system performance meets the requirements, and State of California regulations, will be provided.

C. Acceptance/Nonacceptance of System

1. If, in the opinion of the Project Owner and Engineer, the system meets the performance requirements during the preliminary performance testing specified herein, and the Project Owner has received the executed Warranty Bond specified, the Project Owner and Engineer will recommend the official acceptance/approval of the UV disinfection system, and the Project Owner will begin the routine effluent quality test. If, in the opinion of the Project Owner and Engineer, the test results do not meet the performance requirements during the preliminary performance testing specified herein, the Project Owner or Engineer shall notify the Manufacturer in writing of the non-acceptable performance.

2. In the case of non-acceptable performance, the Seller shall then have 60 days in which to perform, at the Seller's sole expense, any supplemental testing, equipment adjustment, changes, or additions and request an additional retest of the nonacceptable system.

3. Should the UV system fail to meet the requirements of the Specifications after three attempts, the Seller shall remove the system and replace it with one that will meet the performance requirements.

D. Following successful Acceptance Testing, provide a Manufacturer’s Operation Certification, Form 43 05 11-D, Section 01 91 10 – Reference Forms.

3.04 DEMONSTRATION AND TRAINING
A. Provide training as specified in Section 01 79 10 –Training.

1. Provide a minimum of 4 days classroom and field training. Conduct one training session per week on consecutive weeks to accommodate the shift schedules of operation and maintenance staff
B. Upon completion of the training activities, the Seller shall provide a Manufacturer’s Instruction Certification, Form 43 05 11-B, Section 01 91 10 – Reference Forms.

END OF SECTION

Name:

Title:

Signature:

Josh Richardson
Sr. Director, North American Sales
City of Riverbank, CA
TrojanUVSigna™ Riverbank WWTP, CA

COMMENTS TO CONTRACT AGREEMENT
City of Riverbank RFP
UV Disinfection System
(List of Contract Agreement Exceptions)

1. Trojan Technologies Corp. (“Seller”) appreciates the opportunity to conduct business with the City of Riverbank(“Buyer”) for the procurement of Goods and Special Services. To help provide you with the best and most cost-effective goods and services we can offer, we respectfully submit the following list of nonexclusive exceptions to the Procurement Agreement (“Agreement”) included in City of Riverbank RFP:

Indemnification. Any and all indemnification obligations imposed upon Seller are limited to the extent of those damages proportionately caused by Seller’s breach of the Agreement, negligence, wrongful conduct, or violations of law. In no case is Seller liable for any damages caused by negligence, misuse or misapplication of goods by others.

2. Limitation on Liability. THE TOTAL LIABILITY OF SELLER AND ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES,

DIRECTORS, OFFICERS AND AGENTS ARISING OUT OF PERFORMANCE, NONPERFORMANCE, OR

OBLIGATIONS IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, DELIVERY, AND/OR USE OF

GOODS AND/OR SPECIAL SERVICES IN NO CIRCUMSTANCE INCLUDES ANY LIQUIDATED, PENALTY,

INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, NOR EXCEED THE TOTAL AMOUNT OF COMPENSATION ACTUALLY PAID TO SELLER UNDER THE AGREEMENT (THE “TOTAL COMPENSATION”), EXCEPT ONLY IN THE CASE OF DAMAGES ARISING DUE TO SELLER’S WILLFUL MISCONDUCT.

3. Warranty. In addition to the Special Warranty, Seller warrants the Goods in accordance with its thencurrent standard warranty covering the specific Goods ordered, generally under which Seller warrants to the Buyer that for a period of eighteen (18) months from delivery or one (1) year from the date of installation, whichever comes first. Goods which are manufactured by Seller will be free from defects in material and workmanship and will function in accordance with the specifications specified in any quotation. Seller warrants that Special Services furnished hereunder will be free from defects in workmanship for a period of ninety (90) days from the completion of the Special Services. If Seller breaches this warranty or the Special Warranty and the Buyer notifies Seller of such breach within 30 days of the end of the applicable warranty period, Seller will, at its option, either replace or repair the nonconforming Goods, or re-perform any nonconforming Special Services, or refund the amounts paid by Buyer to Seller for the nonconforming Goods and/or Special Services. No warranties are extended to consumable items such as, without limitation, reagents, batteries, mercury cells, and light bulbs. SELLER’S WARRANTY CONTAINS THE EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY. SELLER EXPRESSLY DISCLAIMS ANY REMEDIES OF “COVER” AND ANY WARRANTIES IMPLIED BY LAW, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4. Intellectual Property; Information Technology; Privacy. Seller retains all rights in and to any intellectual property and confidential information created or procured by it or its representatives at any time, and Buyer receives licenses to use such intellectual property and information only to the extent provided by implied license under applicable law. No Buyer information technology requirements apply, except the extent such requirements specifically apply to equipment being sold to Buyer. To help ensure mutual compliance with applicable privacy laws, Buyer will not provide to or share with Seller any personal data or personally identifiable information.

5. Performance Guarantees. All product warranties and performance guarantees shall only be enforceable if (a) all equipment is properly installed, inspected regularly and is in good working order, (b) all operations are consistent with Seller recommendations, (c) operating conditions at the Buyer site have not materially changed and remain within anticipated specifications, and (d) no reasonably unforeseeable circumstances exist or arise.

6. Acceptance and Set-off. Except to the extent agreed upon in writing by Seller’s CFO, all Goods and Special Services are deemed accepted upon delivery and early payment discounts do not apply. All payments are due Net 30 days from Seller’s invoice date and pay-when-paid clauses shall not apply. Any set-off rights in the Agreement notwithstanding, Buyer bears the customary burden of proof with respect to any amounts invoiced by Seller but not paid by the invoice due date. Buyer shall pay Seller interest on the outstanding balance at a rate of 1.5% per month or the maximum rate permitted by law, if lower, for each month or part thereof that there is an outstanding balance.

Payment milestones shall apply as follows:
• 10% upon award of PO
• 40% upon completion of submittal by Supplier
• 45% upon shipment or 30 days after notice to ship (whichever occurs first) • 5% upon equipment acceptance or 180 days after shipment (whichever occurs first)

7. Liquidated Damages. Absent a Force Majeure event, when the delivery of the Goods is delayed beyond the Delivery Date or the completion of field commissioning services or the completion of all punch list items, solely due to the fault of the Seller, and that delay is the sole cause of Buyer’s inability to perform all of its duties under the Prime Contract, Seller shall pay to Buyer Five Hundred United States Dollars ($500) per each day of delay beyond the Milestone Date, not to exceed, in the aggregated, five percent (5%) of the face value of the Agreement. Liquidated damages are Seller’s sole liability and Buyer’s exclusive remedy for delay. If more than one party is responsible for assessment of liquidated damages against the Contractor, then the Seller shall be liable for only its portion of the total liquidated damages. Seller shall be required to pay liquidated damages only if the Owner requires the Buyer to pay liquidated damages. If Seller’s performance or delivery is late and Buyer is not assessed liquidated damages by the Owner, then the Seller shall not be required to pay liquidated damages to the Contractor. Liquidated damages are Seller’s sole liability and Buyer’s exclusive remedy for delay.

8. Force Majeure. Seller is excused from performance of its obligations under this Agreement to the extent caused by acts or omissions that are beyond its control, including but not limited to Government embargoes, blockages, seizures or freezing of assets, delays, or refusals to grant an export or import license, or the suspension or revocation thereof, or any other acts of any Government; fires, floods, severe weather conditions, or any other acts of God; quarantines; epidemics and pandemics; labor strikes or lockouts; riots; strife; insurrections; civil disobedience or acts of criminals or terrorists; war; material shortages or delays in deliveries to Seller by third parties. In the event of the existence of any force majeure circumstances, the period of time for delivery, payment terms, and payments under any letters of credit will be extended for a period of time equal to the period of delay. If the force majeure circumstances extend for six months, Seller may, at its option, terminate this Agreement without penalty and without being deemed in default or in breach thereof.

9. Tariffs. Customer is aware of the possibility that the United States may impose tariffs, duties or other surcharges (“Tariffs”) on all goods made and/or shipped from Canada to the United States. If the applicable Incoterm requires Supplier to pay for the Tariffs, Supplier will be responsible for the payment of any such Tariff; provided however that Customer hereby agrees that, notwithstanding the Incoterm, to reimburse Supplier in full for such Tariffs in the event they are imposed within 30 days from receipt of an invoice from Supplier. Supplier shall provide applicable documentation demonstrating that the Tariffs were imposed, and that Supplier was required to pay those Tariffs and has indeed paid such Tariffs. If the applicable Incoterm requires Customer to pay the Tariffs, Customer shall pay any such potential Tariffs.

10. Miscellaneous. Except to the extent signed by a duly authorized representative of an affiliate of Seller, the Agreement does not bind any affiliates of Seller. Seller is not subject to any audit rights in favor of the Buyer, except for audit rights (under reasonable conditions) directly related to Seller’s compliance with laws and regulations (e.g., safety) which are directly applicable to Seller’s Goods and/or Special Services purchased under this Agreement. Seller is not obligated to purchase or carry Professional Liability or E&O Insurance coverage, provide copies of Seller’s policies, or provide waivers of subrogation. If Buyer and Seller may terminate the Agreement upon 30 days written notice to the other party. Seller’s adherence to its parent company Veralto’s strict Code of Conduct and policies, shall be deemed to be adherence to Buyer’s.

Except as provided herein, neither party agrees to any contractual clause or provision, that waives such party’s ordinary and standard rights, including, but not limited to, the right to retain party’s own counsel and each party’s right to determine facts and circumstances in the event of a dispute.

City of Riverbank, CA
TrojanUVSigna™ Riverbank WWTP, CA
ITEM 2 – OPERATIONS AND MAINTENANCE DETAILED EVALUATION Item 2: Operations and Maintenance Detailed Evaluation
Item 2.a – Energy Use
Buyer will calculate the power consumption for the complete systems as included in the Proposer’s scope of supply, when such system operates at average flow and other operating conditions listed in ULTRAVIOLET DISINFECTION SYSTEM Section (46 66 56). Calculations will be based on the data supplied with its Proposal under PROPOSER’S SATEMENT OF EXPERIENCE AND SUPPLEMENTAL INFORMATION Section (00 45 17).

TROJAN RESPONSE: The power required at average flow is 24.2 kW (as shown on form 00 45 17). Annual usage, assuming 8760 hours per year is 211,992 kWh. Please reach out should any additional details be needed.

Item 2.b – 15-year Maintenance Cost
Buyer will calculate the maintenance cost for the complete system, as included in Proposer’s scope of supply, over a 15-year period including consumables and replacement of any parts typically replaced in this time frame, for the system operating under the average flow and other conditions listed in ULTRAVIOLET DISINFECTION SYSTEM Section (46 66 56). Calculations will be based on the data supplied in the Proposal under PROPOSER’S SATEMENT OF EXPERIENCE AND SUPPLEMENTAL INFORMATION Section (00 45 17).

TROJAN RESPONSE: Refer to form 00 45 17 included with this RFP. Please reach out should any additional details be needed.

Item 2.c – Spare Parts Availability and Technical Support This evaluation will use the information of the time to supply spare parts to the project site, the proximity of the nearest service center to the project site and number of technicians full time assigned to that service center
List lead time (in business days) for all spare parts included in the Proposal with a projected service life of less than 2 years. Supply one (1) customer reference from within last 6 months where this lead time or shorter lead time was met. Supply location of nearest service center, indicating distance in miles from service center to project location and number of technicians full time assigned to that service center.

TROJAN RESPONSE: The closest service center is in Santa Clarita CA. Trojan has 4 technicians that will service this project within the Los Angeles CA area. The distance from site is 291 miles.

Please refer to the following table for the typical spare part lead time. Parts are stocked in Grand Rapids Michigan and common stocked components can be sent for overnight delivery in an emergency.

Item
Procurement Lead
Time, Standard
Consumables
UV Lamp 1 week
UV lamp sleeve 1 week
Sensor 1 week
Wiper 1 week
UV ballast 1 week
Acti-Clean Gel, Wiper Cleaning 20L 1 week
Oil, Hydraulic 20L 1 week
Customer Reference for Spare Part Delivery:

Matt Rempfer
Wastewater Operations Supervisor
City of Lodi
White Slough Water Pollution Control Facility
209-333-6868
[email protected]
City of Riverbank, CA
TrojanUVSigna™ Riverbank WWTP, CA
ITEM 3 – PRICE AND DELIVERY EVALUATION CRITERIA
Item 3. Price and Delivery Evaluation Criteria
Item 3.a – Price for Specified Scope
Based on Total Proposed Price
TROJAN RESPONSE: Please refer to the RFP price listed in 00 42 13 - Price Schedule.

Item 3.b – Lead time for Specified Scope
Based on time to delivery Goods from receipt of Notice to Fabricate List time to deliver to the project site all equipment and ancillaries comprising the complete system following receipt of notice to fabricate. Supply time required for preparation of submittals.

TROJAN RESPONSE: Submittal lead time is 4-6 weeks after executed Purchase Order.

Equipment delivery is 28-30 weeks following notice to fabricate.

City of Riverbank, CA
TrojanUVSigna™ Riverbank WWTP, CA
ITEM 4 – EXPERIENCE AND DETAILED EVALUATION CRITERIA
Item 4. Experience Detailed Evaluation Criteria
Item 4.a – Installations within the State of California with the same size or larger equipment Based on the number of similar installations within California. (Submit a maximum of 20.) Supply a list of up to 20 installations within the state of California for water reuse like the existing in terms of flow and targeted use. List design flow and installed power for each entry.

TROJAN RESPONSE: Please refer to the following list for 20 Water Reuse installations in the state of California.

Item 4.b – Additional installations within the USA with same size or larger equipment Based on the number of similar additional US installations, outside California. (Submit a maximum of 10.)
Supply a list of up to 10 installations within the US beyond those included in 4a. List flow and installed equipment power for each entry.

TROJAN RESPONSE: Please refer to the following list outlining 10 installations within the US that utilize the identical bank size to the system proposed for Riverbank.

Installation List, Table D
4a. Installations within the state of California with the same size or larger equipment. (20 entries) Project Name State Flow (MGD) Lamps
Installed
Power (kW) UVT Product Type Start-up Banks Disinfection Target 1 Stockton CA 57.0 672 707.62 65 UVSigna 3/18/2021 28 Title 22 Reuse 2 East Valley CA 19.4 192 202.18 65 UVSigna 6/17/2020 12 Title 22 Reuse 3 San Diego SBWRP CA 15.0 192 202.18 62 UVSigna 12/19/2019 8 Title 22 Reuse 4 Beaumont CA 13.2 108 113.72 65 UVSigna 5/31/2021 6 Title 22 Reuse 5 Jackson CA 4.0 80 84.24 55 UVSigna 5/24/2018 10 Title 22 Reuse 6 Paso Robles CA 3.7 96 101.09 55 UVSigna 11/21/2017 8 Title 22 Reuse 7 WINDSOR CA 10.2 160 168.48 65 UVSigna 5/23/2024 10 Title 22 Reuse 8 San Bernardino WRF CA 2.5 48 50.54 55 UVSigna 7/8/2024 6 Title 22 Reuse 9 Otay CA 1.3 24 25.27 62 UVSigna 8/22/2024 3 Title 22 Reuse 10 Roseville - Dry Creek WWTP CA 45 2400 600.00 66 UV3Plus 12/3/2007 20 Title 22 Reuse 11 Roseville - Pleasant Grove WWTP CA 30 1080 270.00 70 UV3Plus 2/22/2010 9 Title 22 Reuse 12 Whittier Narrows WRP CA 21 1024 256.00 69 UV3Plus 8/14/2008 16 Title 22 Reuse 13 Merced CA 18.55 1600 400.00 55 UV3Plus 6/15/2010 20 Title 22 Reuse 14 Lodi White Slough WWTP CA 16.3 1760 440.00 55 UV3Plus 7/28/2004 10 Title 22 Reuse 15 Woodland CA 15.6 1680 420.00 55 UV3Plus 1/16/2006 10 Title 22 Reuse 16 Modesto CA 14.5 936 234.00 65 UV3Plus 7/7/2014 9 Title 22 Reuse 17 Atwater CA 11.2 960 240.00 55 UV3Plus 4/15/2011 12 Title 22 Reuse 18 Ironhouse Sanitary District CA 9.6 480 120.00 65 UV3Plus 12/20/2010 6 Title 22 Reuse 19 Yucaipa - H.N. Wochholz WWTP CA 9.2 336 84.00 70 UV3Plus 8/1/2007 6 Title 22 Reuse 20 Roseville Pleasant Grove WWTP CA 8.3 480 120.00 65 UV3Plus 11/9/2023 4 Title 22 Reuse Installation List, Table D
4b. Installations within the USA with the same size or larger equipment. (10 entries) Project Name State Flow (MGD) Lamps Installed
Power (kW) UVT Product Type Start-up Banks
1 Durango CO 9.8 48 50.54 65 UVSigna 9/13/2018 4
2 Urbana Champaign Southwest WWTP IL 20.7 48 50.54 65 UVSigna 12/18/2020 2 3 Brownsburg IN 15.0 48 50.54 60 UVSigna 9/21/2017 6
4 Mt. Pleasant MI 7.0 48 50.54 56 UVSigna 1/27/2021 4
5 Fuquay Varina NC 9.0 48 50.54 68 UVSigna 2/24/2017 6
6 Antrim Township Upgrade PA 7.2 48 50.54 55 UVSigna 10/30/2018 6 7 Harpeth Valley UD TN 25.0 48 50.54 70 UVSigna 8/2/2018 3 8 Kyle, TX TX 18.0 48 50.54 65 UVSigna 12/29/2020 4
9 Salem City UT 4.4 48 50.54 65 UVSigna 3/22/2019 4
10 South Milwaukee WI 30.0 48 50.54 65 UVSigna 5/30/2013 2

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