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HomeMy WebLinkAboutRes 2023-11-1570 Authorizing Procurement of Wastewater Treatment Equipment- Hurricane Creek Wastewater Treatment Plant HURRICANE CREEK REGIONAL WATER RECLAMATION FACILITY & TEMPORARY TREATMENT FACILITY CITY OF ANNA Amendment Proposal No. 1 – Pre-Selected Temporary Treatment Facility MBR Equipment - Kubota SUBMITTED BY: GARNEY COMPANIES, INC. 1700 Swift Street North Kansas City, MO 64116 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com Justin Clay November 6, 2023 CIP Manager 120 W 7th ST Anna, Texas 75409 RE: Hurricane Creek Regional Water Reclamation Facility & Temporary Treatment Facility Subject: Amendment Proposal No. 1 Transmittal Letter Mr. Clay, Garney Companies, Inc. is pleased to submit the attached Amendment Proposal No. 1 for the Hurricane Creek Regional Water Reclamation Facility & Temporary Treatment Facility for Council review and approval. This proposal is submitted per Paragraph 9.03 of the agreement between Garney Companies, Inc., and the City of Anna. This Amendment Proposal is for the following pre-selected equipment packages. PS 1.01 - TTF Kubota MBR Procurement (46 07 53 – MBR Equipment). Garney is excited to start construction and be an integral part of this project for the City of Anna. Please contact Garney directly if there are any questions regarding this Amendment Proposal. Sincerely, GARNEY COMPANIES, INC. Jeremy Miller Project Manager CC: Patrick Vidonish – Garney Mark Miner – Garney Todd Strouse – Kimley-Horn 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com TABLE OF CONTENTS Transmittal Letter Table of Contents Tab 1 Executive Summary Tab 2 List of Drawings, Specifications and Other Contract Documents Tab 3 Description of Variations, Substitutions, Clarifications and Assumptions Tab 4 Cost of Work Breakdown Tab 5 Schedule Information Tab 6 Other Documentation Tab 1 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com Justin Clay November 6, 2023 CIP Manager 120 W 7th ST Anna, Texas 75409 RE: Hurricane Creek Regional Water Reclamation Facility & Temporary Treatment Facility Subject: Executive Summary – Amendment Proposal No. 1 Mr. Clay, In accordance with the Agreement between Garney Companies, Inc., and the City of Anna, Garney is pleased to provide attached proposal in the amount of $9,273,635.00 (Per the attached Cost of Work Breakdown) for the Hurricane Creek Regional Water Reclamation Facility & Temporary Treatment Facility, and requests that the City of Anna authorize this by amendment to the Original Agreement. Garney is submitting this proposal, with attachments listed in the Table of Contents, in accordance with the paragraph 9.03 of the Construction Manager at Risk Services Agreement for the Hurricane Creek Regional Water Reclamation Facility & Temporary Treatment Facility. This proposal includes the following scope of work. PS 1.01 - TTF Kubota MBR Procurement (46 07 53 – MBR Equipment) – The procurement of 0.5 MGD Temporary MBR Treatment packaged plant manufactured by Kubota Membrane USA. This package includes procurement, fabrication, delivery, and startup services. Installation of the equipment will be included in a forthcoming bid package. Upon approval and receipt of an amendment to the Original Agreement, Garney will finalize contract negotiations with suppliers/subcontractors as applicable to move forward with the procurement of this equipment in accordance with the requirements of the agreement. The price included in this proposal is contingent upon Garney being able to successfully enter into a contract with the supplier/subcontractor. Future Amendments will be forthcoming and will include Bid Packages for the Temporary Treatment Facility, Preselected Equipment and Bid Packages for the Regional Water Reclamation Facility. Please contact Garney directly if there are any questions regarding the Preselected Package, Cost of Work or associated Construction Manager at Risk fees included in this proposal. Sincerely, GARNEY COMPANIES, INC. Jeremy Miller Project Manager Cc: Patrick Vidonish - Garney Mark Miner – Garney Todd Strouse – Kimley-Horn Tab 2 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com TAB 2 – LIST OF DRAWINGS AND SPECIFICATIONS AND OTHER CONTRACT DOCUMENTS Drawings: Hurricane Creek Temporary Treatment Facility – 100% Design – Dated August 2023. Specifications: Hurricane Creek Temporary Treatment Facility – 100% Technical Specifications – Sealed 6/23/2023. Other Documents: Kubota Membrane USA’s proposal for Anna, TX Temporary Package MBR System dated October 24, 2023. Tab 3 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com TAB 3 – DESCRIPTION OF VARIATIONS, SUBSTITUTIONS, CLARIFICATIONS AND ASSUMPTIONS PROPOSED TO THE DRAWINGS AND SPECIFICATIONS. Clarifications: Drawings: 1. Sheet M-400 through M-410. a. Garney takes exception to these drawings in their entirety. Specifications: 1. Section 46 07 53 – Membrane Bioreactor Wastewater Treatment Equipment a. Garney takes exception to this section in its entirety. 2. Section 40 61 00 – I&C General Requirements a. Garney takes exception to this section in its entirety. 3. Section 40 67 00 – I&C Control Panels a. Garney takes exception to this section in its entirety. This Amendment Proposal is based solely on the attached Kubota Membrane USA’s proposal for Anna, TX Temporary Package MBR System dated October 24, 2023, including all Qualifications, Assumptions and Exclusions included therein. (See Tab 6) Exclusions: 1. Installation of equipment. (Installation will be included in a forthcoming bid package) 2. See all exclusions listed in Kubota Membrane USA’s proposal. Tab 4 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com TAB 4 – COST OF WORK BREAKDOWN. BID PACKAGE DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENSION PS 1.01 TTF KUBOTA MBR PROCUREMENT (46 07 53 - MBR EQUIPMENT)1.0 Lump Sum 8,392,429.00$ 8,392,429.00$ -$ -$ -$ -$ BID PACKAGE SUBTOTAL 8,392,429.00$ -$ -$ -$ -$ -$ ALLOWANCES SUBTOTAL -$ CMAR GENERAL CONDITIONS (SEE BELOW)0.00% % of BP & ALLOW 8,392,429.00$ -$ CMAR CMAR FEE 8.00% % of ALL COW 8,392,429.00$ 671,395.00$ CMAR CMAR CONTINGENCY 2.50% % of ALL COW 8,392,429.00$ 209,811.00$ CMAR FEES SUBTOTAL 881,206.00$ AMENDMENT PROPOSAL NO. 1 TOTAL 9,273,635.00$ HURRICANE CREEK REGIONAL WATER RECLAMATION FACILITY & TEMPORARY TREATMENT FACILITY AMENDMENT PROPOSAL NO. 1 SUMMARY GENERAL CONDITIONS ARE NOT INCLUDED AT THIS TIME. UPON NEGOTIATION OF THE GENERAL CONDITIONS PERCENTAGE, THE GENERAL CONDITIONS ASSOCIATED WITH THE ABOVE COST OF WORK WILL BE INCLUDED IN A FUTURE AMENDMENT. PS 1.01 ITEM BID DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENSION 1.00 TTF KUBOTA MBR PROCUREMENT (46 07 53 - MBR EQUIPMENT) - PER KUBOTA'S PROPOSAL 1.0 Lump Sum 8,371,500.00$ 8,371,500.00$ 2.00 -$ 3.00 -$ 4.00 -$ 5.00 -$ ADDITIONAL ITEMS QUANTITY UNIT BID PACKAGE SUBTOTAL 8,371,500.00$ 1.00 SUPPLY BOND - PER ATTACHED EMAIL FROM KUBOTA 1.0 Lump Sum 20,929.00$ 20,929.00$ 2.00 -$ 3.00 -$ 4.00 -$ 5.00 -$ ADDITIONAL ITEMS SUBTOTAL 20,929.00$ BID PACKAGE TOTAL COST 8,392,429.00$ TTF KUBOTA MBR PROCUREMENT (46 07 53 - MBR EQUIPMENT) Tab 5 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com TAB 5 – SCHEDULE INFORMATION. 1. Additional schedule information is forthcoming. Lead times associated with this procurement are shown on page 9 of Kubota Membrane USA’s attached proposal. Tab 6 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com TAB 6 – OTHER DOCUMENTATION Firm Proposal for Anna, TX Temporary Package MBR System MBR System October 24, 2023 Prepared By: Kubota Membrane USA 11807 North Creek Parkway S., Suite B-109 Bothell, WA 98011 425-898-2858 Local Representation By: Environmental Improvements, Inc. Fred Willms 972-436-2536 fwillms@ei2water.com October 24, 2023 I am pleased to present the attached materials for your consideration regarding the proposed temporary package Kubota membrane bioreactor (MBR) system for the Anna, TX WWTP project. Our bid includes a detailed scope of supply, lead times, payment terms, and warranty specifications. Our scope of supply has been revised based on recent team meetings to add the following: • Fine screen system support platform • Non-potable water system • Sludge dewatering box • Effluent weir box • SP337 membrane units in lieu of RM200 units for MBR • Removal of caustic chemical pumps • Removal of screenings conveyor • KSB Submersible Pumps and Mixers in lieu of Flygt If you have any questions regarding our proposal, please feel free to contact us or our local representative, Fred Willms of Environmental Improvements, Inc. at 982-436-2536 or fwillms@ei2water.com. Regards, Brian Codianne Regional Manager KUBOTA Membrane USA Corporation Cell: 425-898-3888 Email: brian.codianne@kubota.com Table of Contents 1 Scope of Supply ..................................................................................................................................... 1 1.1 Equipment and Instrumentation to be provided by KMU ............................................................ 1 1.2 Direct Services ............................................................................................................................... 8 1.3 Lead Times .................................................................................................................................... 9 1.4 Exclusions to Kubota Scope of Supply........................................................................................... 9 2 Warranty ............................................................................................................................................. 10 2.1 Equipment Warranty .................................................................................................................. 10 2.2 Membrane Warranty .................................................................................................................. 10 2.3 Limitation of the Warranties ....................................................................................................... 11 2.4 Warranty Action .......................................................................................................................... 11 3 Kubota MBR System Price ................................................................................................................... 11 3.1 Kubota Payment Terms ............................................................................................................... 12 Kubota Terms and Conditions ..................................................................................................................... 13 Tables Table 1: Equipment and Instrumentation in Kubota’s Scope of Supply ........................................................ 1 Table 2: T raining and Workshops Included in Kubota’s Scope of Supply ...................................................... 8 Table 3: Price for Proposed Kubota MBR Equipment and Equipment ......................................................... 11 ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 1 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. 1 Scope of Supply The following proposed items will be supplied by Kubota Membrane USA and are included in the prices that are listed in this document These are the items as required by the specification dated May 25, 2023, with assumptions and changes made as needed to create a working MBR system. 1.1 Equipment and Instrumentation to be provided by KMU Table 1: Equipment and Instrumentation in Kubota’s Scope of Supply Name Type and Model Anticipated Size and HP Manufacturer Quantity Fabricated Steel or Aluminum Equipment EQ Skids EQ skid with one EQ tank as shown in the provided drawings. Coated Carbon Steel. 58’L x 12’W x 12’H Kubota 2 MBR System Skids MBR system skid with one AX tank, one PA tank, three MBR tanks, and an upper and lower equipment deck as shown in the provided drawings. Coated Carbon Steel. 65’L x 12’W x 12’H Kubota 4 SHT Skids1 SHT skid with one DIG tank as shown in the provided drawings. Coated Carbon Steel. 37.5’L x 12’W x 12’H Kubota 2 MBT Skid MBT Skid with one MBT tank, two lower equipment decks, and one MBT access porch and ladder as shown in the provided drawings. Coated Carbon Steel. 20’L x 12’W x 12’H Kubota 1 EQ Splitter Box Splitter box to split flow into four and direct into the four MBR systems. Coated Carbon Steel. 7.5’L x 6.25’W x 3.5’H Kubota 1 Effluent Discharge Box Effluent discharge box to retain NPW 5'L x 6'W x 6.5'H Kubota 1 Walkways EQ access walkway, MBR system walkways, and SHT access walkway as shown in the provided drawings. -- Kubota 5 Fine Screen Platform To Support and access the elevated Fine Screen equipment. -- Kubota 1 Stairs Four (4) sets of stairs to access the MBR system walkways, one (1) set of stairs to access the EQ tank walkway, one (1) set of stairs to access SHT tank walkway, one (1) set of stairs to access MBT upper level porch, and -- Kubota 8 ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 2 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. Name Type and Model Anticipated Size and HP Manufacturer Quantity one (1) set of stairs to access Fine Screen Platform as shown in the provided drawings. Fine Screen Equipment Fine Screen Perforated Plate Screen ROTAMAT RPPS 1000/2, 2 MGD, TSS 250 mg/L 2 HP Huber 2 Fine Screen Control Panel Control Panel -- Huber 1 Equalization Zone (EQ) Equipment EQ Mixers Submersible Anamix C 2925 58’ L x 12’ W x 12’ H 2.3 HP KSB 4 EQ Pumps Submersible KRTK 100-253 584 gpm @ 18’ TDH 5 HP KSB 2 EQ Pump Flow Meter Electromagnetic SITRANS FW MAG 5100 W (Remote) 6” Siemens 1 Level Switch Float -- GEM or Equal 4 Level Transmitter Submersible VL2113 -- PMC or Equal 1 Anoxic Zone (AX) Equipment Anoxic Mixer Submersible Anamix C 2925 14.7'L x 12’W x 12’H 2.3 HP KSB 4 Pre-Aeration Zone (PA) Equipment Pre-Aeration Diffusers Fine Bubble MiniPanel MP3 Duplex 172 scfm EDI 4 sets Level Switch Float -- GEM or Equal 8 Level Transmitter Submersible VL2113 -- PMC or Equal 4 pH Sensor Probe pHD sc -- Hach 4 Dissolved Oxygen Sensor Probe LDO Model 2 -- Hach 4 ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 3 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. Name Type and Model Anticipated Size and HP Manufacturer Quantity pH/Dissolved Oxygen Transmitter Transmitter SC4500 -- Hach 4 Pre-Aeration Blower Regenerative HRC1102 172 scfm @ 5.5 psig 16.9 HP Republic 4 Membrane Zone Equipment Submerged Membrane Unit Flat Plate SP337 -- Kubota 12 SMU Lifting Tool TGSP508 -- Kubota 1 Module Lifting Tool TGSPM006 -- Kubota 1 SMU Guide and Stabilizer - -- Kubota 12 sets Air Isolation Valve Manual Ball Valve SS 2” Dwyer or Equal 12 Permeate Isolation Valve Manual Ball Valve PVC, Type 21 2” Asahi 12 CIP Feed Isolation Valve Manual Ball Valve PVC, Type 21 1.25" Asahi 12 CIP Vent Valve Manual Ball Valve PVC, Type 21 0.75" Asahi 12 Degas Isolation Valve Manual Ball Valve PVC, Type 21 0.75" Asahi 12 Degas Control Valve Automated Ball Valve SS 0.75" Dwyer or Equal 4 MBR Blower Regenerative HRC1102 190 scfm @ 6.5 psig 16.9 HP Republic 12 Air Flow Meter Mass Air Flow t-mass B150 9” E+H 4 MBR Tank Level Switch Float -- GEM or Equal 4 Waste Activated Sludge (WAS) and Feed Forward (FF) Equipment WAS Flow Control Valve Actuated On/Off Ball 3” Bray/Asahi 4 ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 4 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. Name Type and Model Anticipated Size and HP Manufacturer Quantity S70 Series WAS Flow Meter Electromagnetic SITRANS FW MAG 5100 W (Compact) 2” Siemens 4 FF Pump Centrifugal T6A60S-B /F 565 gpm @ 15' TDH 5 HP Gorman Rupp 8 FF Flow Meter Electromagnetic SITRANS FW MAG 5100 W (Compact) 6” Siemens 4 MBR Permeate Equipment MBR Permeate Pump Centrifugal 2874-95 162 gpm @ 40' TDH 3 HP AMT 8 MBR Permeate Flow Meter Electromagnetic SITRANS FW MAG 5100 W (Compact) 3” Siemens 4 MBR Permeate Flow Control Valve Actuated Butterfly Valve S70 3” Bray 4 MBR Permeate Turbidity Meter Inline Meter TSSsc -- Hach 4 MBR Permeate Turbidity Transmitter Transmitter SC4500 -- Hach 4 MBR Permeate Pressure Transmitter PMC21 -±15 psi E+H 4 MBT Equipment Submerged Membrane Unit Flat Plate RM200 -- Kubota 1 SMU Guide and Stabilizer - -- Kubota 1 set Lifting Tool TGMR200 -- Kubota 1 Hand Hook TH001 Permeate Isolation Valve Manual Ball Valve PVC, Type 21 1” Asahi 1 CIP Feed Isolation Valve Manual Ball Valve PVC, Type 21 1.25" Asahi 1 CIP Vent Valve Manual Ball Valve 0.75" Asahi 1 ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 5 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. Name Type and Model Anticipated Size and HP Manufacturer Quantity PVC, Type 21 Degas Isolation Valve Manual Ball Valve PVC, Type 21 0.75" Asahi 1 Degas Control Valve Automated Ball Valve SS 0.75" Dwyer or Equal 1 Diffuser Cleaning Valve Manual Ball Valve PVC, Type 21 3” Asahi 1 MBT Tank Level Switch Float -- GEM or Equal 1 SHT Diffuser Coarse Bubble MaxAir MXPV-24 Simplex 135 scfm EDI 2 set SHT Level Transmitter Submersible VL21130 -- PMC or E+H 2 MBT Sludge Transfer Pump Progressive Cavity BN10-6LS 40 gpm 2 HP Seepex 2 MBT Sludge Transfer Flow Meter Electromagnetic SITRANS FW 5100 W MAG 1.5” Siemens 1 MBT Permeate Pump Progressive Cavity BN2-6L 8 gpm 2 HP Seepex 2 MBT Permeate Flow Meter Electromagnetic SITRANS FW 5100 W MAG 1” Siemens 1 SHT Blower Regenerative HRC900 135 scfm @ 5 psig 11.5 HP Republic 3 MBT Blower Regenerative HRC902 110 scfm @ 5 psig 8.4 HP Republic 2 MBT Blower Flow Meter Mass Air Flow t-mass B150 9” E+H 1 Sludge Dewatering Box Sludge Box Tank, pumps, shelter, control panel 30 yard Spectrum Water 1 UV System UV Reactor Dual-Vessel System 0.84 MGD Wedeco 1 ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 6 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. Name Type and Model Anticipated Size and HP Manufacturer Quantity 7.25 kW per reactor (1 duty 1 standby) UV Control EcoTouch Controller - Wedeco 2 UV Cleaning Wedeco C300 Chemical Cleaning (semi-Automatic) - Wedeco 1 Non-potable Water System NPW System Series PFV-7.5-PLB, Model PFVD-7.5-3, dual pump system 85 gpm Premier Flow 1 Chemical Dosing Equipment CIP Pump Chemical Injection System for membranes CIP, including chemical mixing tank and chemical pump. Piping and other equipment for the chemical cleaning system shall be provided by others. -- Harrington AMT 2 (1 duty 1 standby) CIP Dilution Tank HDLPE Chemical Dilution Tank 335 gallons Snyder Industries, Inc. 1 Portable Transfer Pump Raw chemical transfer pump from tote/barrel to CIP Dilution Tank -- TBD 1 Carbon Dosing Pump Metering pump for Carbon 15 gpd Q dos 4 Control System Control System This controls proposal includes and assumes: • NEMA 3R/12/13 free-standing enclosures. • Allen Bradley 5069-series CompactLogix processor. • Redundant 24 VDC power for field devices. • Allen Bradley Stratix Lightly Managed Ethernet Switch. • All I/O points wired to terminal blocks. • Fuses for power distribution to all instruments. • 15% spare IO for all types. • LED panel lights, convenience power outlet and three-point latching door handle. • UPS allowing operation through power loses of up to ten minutes, including UPS bypass switch. • Door-mounted 480VAC disconnect switch. 1 system ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 7 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. Name Type and Model Anticipated Size and HP Manufacturer Quantity • Single 480VAC power feed to panel. • Control power transformer for 120V loads. • Allen Bradley Powerflex 525 VFDs. VFDs controlled via Ethernet with door-mounted hand controls. • Closed loop 480VAC air conditioner. • 22-mm door-mounted Local-Off-Remote switched for all motors. • 22-mm door-mounted speed potentiometers for all VFDs. • 22-mm door-mounted Open-Close-Remote switches for electric valves. • Fabricated and listed per UL508a requirements. • Complete, documented control panel functionality test, including point-to-point testing of all I/O channels. • Detailed panel drawings and loop interconnects. • Submittals as required. • Dell Micro PC, VESA Mounted to touchscreen. • Hope Industrial 23” touchscreen HMI. • Rockwell Software FactoryTalk View Site Edition, 25 display. And does not include: • Remote access modem. • Alarm notification software or hardware dialer. • Program development software. 1: Kubota received the number and dimensions of the sludge holding tanks from Kimley Horn on June 15, 2023. The sludge holding tank system equipment was selected based on that information. Kubota reserves the right to revise the design, equipment selection, and price if the given information changed in the future. ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 8 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. 1.2 Direct Services The following services are included in Kubota’s scope of supply: Design Support  Two (2) days of on-site Project Kick-Off Meeting over one (1) trip.  Support during preliminary and final design.  Construction submittals including shop drawings.  Preparation and submittal of a system O&M manual for Kubota supplied systems and equipment.  Equipment delivery coordination with the contractor. Commissioning  One (1) day of on-site Material Inspection during delivery over one (1) trip.  Four (4) days of on-site Mechanical Inspection during SMU installation over one (1) trip.  Twenty (20) days of on-site Commissioning, including dry and wet equipment checks, clean water testing, and support during seeding and start-up over four (4) trips. Training  Two (2) days of on-site, hands-on Operator Training using a mix of classroom and field time. See Table below for list of training topics over one (1) trip. Technical Support  Ten (10) days of on-site, general Technical Support over two (2) trips. Table 2: T raining and Workshops Included in Kubota’s Scope of Supply Training/Workshop Brief Summary HMI 1. Navigation of all HMI screens and menus. 2. Review of automatic operations and controls. 3. Changing process set points. 4. Overriding controls from the HMI. 5. Manual operation of the system in the event of a power failure. CIP training 1. Navigation of CIP (Clean-In-Place), in-situ maintenance chemical cleaning. 2. Control from HMI and operation of manual valve. 3. Adjust set points of chemical flow. Troubleshooting 1. Case study of troubleshooting 2. Recovery from trouble 3. “Fish bone” approach Daily testing 1. Filterability test 2. Viscosity measurement ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 9 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. 1.3 Lead Times The estimated lead times for submittals, package plant and UV system are shown below:  Submittals: Full submittal provided by January 26th, 2024. Individual equipment submittals will be provided as they become available.  Package Plant: Thirty-six (36) weeks after approved submittal.  UV System: Twenty Four (24) to twenty eight (28) weeks after approved submittal. 1.4 Exclusions to Kubota Scope of Supply The following items are not currently included in the Kubota scope of supply:  Sales tax.  Performance and payment bond costs – per the contract documents, it is assumed that there will be no bond requirements for Kubota Membrane USA.  Site preparation including preparation of a suitable foundation for the package treatment system.  Equipment unloading and installation at the site.  Electrical site work and piping outside of the skid (i.e., connecting to main power, backup power, influent and effluent connections, etc.)  Electrical system including primary and backup power, lighting, HVAC, etc.  Coarse screening, grit removal, oil and grease removal (if needed).  All piping that is outside of the tanks and equipment provided by Kubota.  Piping between the fine screen system components and from the fine screen discharge to the EQ system.  Piping between the equalization tanks.  Piping between the splitter box and the MBR skids.  Piping between the MBR skids and the Digester system.  Piping between the digester tanks.  Piping between the MBT skid and digester tanks.  Piping from the MBR skids to the UV system.  Piping from of the UV system to the effluent discharge box.  Piping from the MBT skid to the EQ system.  Piping from the MBT-Digester system to the sludge dewatering system.  Pumps and piping for transferring the stock chemical to the CIP tanks.  Chemical solutions for MBR and MBT clean-in-place.  Chemical tanks, chemical solutions and piping for the supplemental carbon system. Kubota only provides the chemical injection pump skids and part of the chemical transfer piping that is on the MBR skids.  WAS pumps. The current proposal is based on discharging the WAS from the Feed Forward line with an on/off automated valve.  Computational Fluid Dynamics (CFD) analysis report for the UV system.  Seismic bracing for equipment. ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 10 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner.  Construction of concrete tanks, buildings, and structures.  Treated water holding tank.  Heat tracing materials if needed.  Wall pipe, link seal, sleeve, and any kind of penetration seal.  Any material of labor for concrete work, grouting, or sealant.  Show priming, surface preparation, or shop or field coating, painting, cleaning, or welding for any piping outside of Kubota’s skids.  American Iron and Steel (AIS) and/or Build American Buy America (BABA) requirements are excluded from Kubota’s proposal.  Sludge seeding supply sourcing, transportation, pumping, or temporary filter requirements.  Unloading and receiving equipment and instrumentation.  Storage facility of area onsite that can properly store equipment and instrumentation.  Surge protectors either in the control panels and/or at the instruments.  Intrinsically safe barriers.  Any systems for operation in a classified area that was not marked in the plan sets provided at time of bid. All supplied systems, other than those marked in the referenced document, will be “unclassified” in accordance NFPA Standard 820. 2 Warranty KMU will provide the following warranties. 2.1 Equipment Warranty KMU will supply a two (2) year non-prorated warranty for materials and workmanship for all components comprising the final, agreed to MBR system (beginning from the date of Final Acceptance). 2.2 Membrane Warranty KMU is including a full (non-prorated) Submerged Membrane Unit Warranty guaranteeing against defects in materials or workmanship for a period of ten (10) years after Final Acceptance. Kubota will replace any membranes that fail due to material defects or workmanship during this period at no cost to the client. “Failure” shall constitute the following conditions: (i) Any pinhole, tear, removal and breakage in or of the Cartridge; and (ii) Turbidity leakage; i.e. turbidity in the effluent exceeds 2.0 NTU under normal operating conditions. Liability of Responsibility of Kubota Membrane USA The liability or responsibility of Kubota Membrane USA under this Warranty shall be limited to providing replacement Cartridges and shall not include any labor associated with dismantling and/or installation work at the Plant. The number of equipment to be repaired or replaced under this Warranty shall not exceed the number of cartridges or equipment originally supplied by Kubota Membrane USA. ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 11 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. 2.3 Limitation of the Warranties Under this warranty, the Owner shall monitor and log the following data to demonstrate compliance with Operation and Maintenance manual, and to provide a detailed history of system performance. Failure to log data may void the Warranties and Performance Guarantee given above if, in the determination of KMU, the applicable Warranty and/or Guarantee operating conditions were exceeded. 1. Influent and effluent water quality 2. Permeate flow rate 3. Transmembrane pressure (TMP) 4. Temperature 5. Air flow rate 6. Filterability testing 7. Chemical cleaning method, frequency, and duration 8. Record of periodic replacement parts. Occurrence of any of the following as reasonably determined by KMU may reduce or void this warranty:  Misuse, accident, fire, improper repair, tampering, or abuse of the Submerged Membrane Units including membrane damage caused by operator error in handling of membrane modules or cassettes.  Failure to adhere to the preventative maintenance program as presented in the Operations and Maintenance Manual.  Failure to ensure correct operation and/or functioning of the screening equipment.  Unauthorized alteration of any components or parts originally supplied by KMU.  Intentional damage. 2.4 Warranty Action Any action based on this Warranty is triggered only if the Buyer provides written evidence both of the Failure and that the Buyer has performed all its obligations under this Warranty. Such evidence shall be submitted to KMU within ten (10) days of the day on which the Failure is identified. KMU is entitled to access the Plant to verify the cause of the Failure at KMU’s discretion. The cost and expense for traveling, accommodation and meals for KMU’s inspection must be borne by the Buyer unless the Failure is determined to be caused by reasons attributable to KMU. 3 Kubota MBR System Price The firm price for the equipment and instrumentation described herein is shown in the table below. Taxes or duties are not included. Table 3: Price for Proposed Kubota MBR Equipment and Equipment Firm Price MBR Equipment, Instrumentation, Services, and Warranty $8,371,500.00, excluding sales tax ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 12 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. 3.1 Kubota Payment Terms Kubota’s payment terms are listed below. • 10% Due with Purchase Order • 10% Due for Delivery of Submittals • 50% Due for Delivery of Equipment (except for Submerged Membrane Units) • 25% Due for Delivery of Submerged Membrane Units • 5% Due for MBR Startup Completion ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 13 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. Kubota Terms and Conditions GENERAL TERMS & CONDITIONS 1. Precedence of Terms. These general terms and conditions shall apply to this Contract, except that provisions set forth on the face hereof shall take precedence over any inconsistent or contrary provisions set forth in these General Terms and Conditions. No conditions contrary to or in addition to those set forth in this General Terms and Conditions shall be binding upon the Seller unless expressly approved in writing by Seller. Performance by Seller shall not be construed as accepting any different or additional terms. 2. Quality and Quantity. Seller shall not be responsible for any damage to or deterioration in the quality or loss in weight or units of the Goods during transit or due to natural causes. 3. Shipment. Shipment within the time stipulated on the face hereto shall be subject to the availability of vessel’s space. In case FCA or FOB INCOTERMS apply to this Contract and Buyer fails to obtain space in time to fulfill the stipulated shipment date, Buyer shall be responsible for all costs, expenses and damages resulting directly or indirectly therefrom, including, without limitation, all increases in freight and insurance charges, losses, and other damages incurred by Seller prior to or after such failure by Buyer. The date of the Bill of Lading or the Waybill shall be conclusive evidence of the shipment date. 4. Risk of Loss and Transfer of Title. Risk of loss or damage to the Goods shall pass from Seller to Buyer in accordance with the INCOTERMS set forth on face hereof. Title to and the right to possess the Goods shall pass from the Seller to the Buyer at the same time when the risk of loss or damage to the Goods is passed to the Buyer as stipulated above, however, that the title to and the right to repossess the Goods are to be retained by Seller until Seller has received the full contract amount due to Seller pursuant to this Contract. 5. Payment. Payment by Buyer to Seller under this Contract shall be made by means of telegraphic transfer in immediately available funds to such bank account as designated by Seller or a confirmed, irrevocable, without recourse documentary letter of credit, in favor of Seller and with terms any satisfactory to Seller. If Buyer desires to pay Seller by means of a letter of credit, the letter of credit shall (i) cover the full contract amount (ii) be established through a prime-bank immediately after the date of this Contract, (iii) be negotiable on sight draft, and (iv) be valid for negotiation against the relative draft for at least fifteen (15) days after the end of the last month in which the Goods are shipped. The letter of credit shall authorize reimbursement to Seller for any expenses incurred by Seller on account of Buyer pursuant hereto, and shall authorize partial payment against partial delivery. Any bank charges arising in connection with payment hereunder shall be borne by Buyer. If Buyer fails to satisfy any payment terms of this Contract, Seller at its sole discretion and at Buyer’s expense and risk may resell all or any part of the Goods on account of Buyer, hold all or any part of the Goods on account of Buyer, cancel all or any part of this Contract and/or claim any damages resulting from such breach. In the event of late payment of any amount due hereunder, Seller shall, in addition to any other remedy it may have hereunder or pursuant to applicable law, be entitled to receive interest at the maximum rate allowed by law in the country/state of Buyer or eighteen percent (18%) per annum, whichever is greater, on such late payment until payment is received in full. 6. Increased Costs. Any new, additional or increased freight rates, surcharges (bunker, currency, congestion or other surcharges), taxes, customs duties, export or import surcharges or other governmental charges, or insurance premiums, which may be incurred by Seller with respect to the Goods after the date of this Contract, shall be for the account of Buyer and shall be reimbursed to Seller by Buyer within a reasonable time on demand. 7. Force Majeure. Seller shall not be liable for failure or delay to perform its obligations hereunder due to any reason including, but not limited to, acts of God, earthquake, fire, flood, prohibition of exportation, refusal to issue export license, war, blockade, revolution, insurrection, sub vendor manufacturing delays, civil commotion, riots, mobilization, strikes, lockout, plague, other epidemics, pandemics, or any other causes beyond the control of Seller, and may, at its option, extend the time of shipment or delivery of the Goods or terminate unconditionally and without liability of this Contract to the extent so affected or prevented. 8. Cancellation. If Buyer fails to carry out any of the terms of this and/or any other contract with Seller, or in the event of the death, bankruptcy or insolvency of Buyer, liquidation, modification or reorganization of the corporate structure of Buyer, or nonpayment for any shipment, Seller shall have the right to cancel this and/or any other contract with Buyer or to postpone the shipment, or to stop the Goods in transit, and Buyer shall indemnify, defend and hold Seller harmless from all losses, costs, and expenses resulting from Seller taking any such actions. ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 14 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. 9. Intellectual Property Rights. Buyer shall defend, indemnify and hold Seller harmless from any and all liability, loss or expense (including reasonable attorney’s fees) arising from or in connection with any actual or alleged infringement of any patent, trademark, copyright, industrial design, registered pattern, trade secret or other similar intellectual property rights used or owned by Seller. 10. Liability of Agent. If this Contract is signed by an agent or on behalf of a principal as Buyer hereunder, whether the principal is disclosed or otherwise, the agent shall be liable not only as agent but also as principal for the performance of the obligations of Buyer under this Contract. This provision shall not affect Buyer’s obligation as principal under this Contract. 11. Construction. The meanings of the terms UCPDC or INCOTERMS, when used in this Contract shall be determined in accordance with the Uniform Customs and Practice for Documentary Credit (“UCPDC”) and Incoterms® (“INCOTERMS”) adopted by the International Chamber of Commerce in effect on the date of this Contract. This Contract shall be governed by the laws of the state of Washington, USA without giving effect to any conflicts of laws principles. This Contract shall not be governed by the United Nations Contracts for the International Sales of Goods, the application of which is expressly excluded. 12. Inspection. Unless otherwise stated on the face of this Contract, any export inspections by Japanese authorities, Seller’s suppliers or Seller shall be considered as final. When Buyer requires special inspection by an independently appointed inspector, Buyer shall inform Seller in writing the details of such special inspection including without limitation the name of such inspector at the time of this Contract. Such especial inspection shall be made promptly upon delivery of the Goods but in any event within two (2) weeks after delivery of the Goods, and all inspection fees and costs therefor shall be borne by Buyer. 13. Warranty. Seller warrants that any Goods delivered hereunder are free from defects in material and workmanship and, if Seller’s specifications are set forth or incorporated by reference on the face hereof, or separately provided to Buyer, will meet such Seller’s specifications. Unless otherwise specified in Seller’s warranty statement set forth or incorporated by reference on the face hereof, or separately provided to Buyer, Seller’s liability under this warranty is limited to repair or replacement of any Goods delivered hereunder that do not conform to this warranty. Buyer shall not be entitled to any remedy for lack of conformity of the Goods, including latent defects, under this warranty if he fails to notify Seller thereof within a six months period commencing on the shipment date of the Goods (and if there are more than one shipment dates, the first shipment date). Such notification shall contain full particulars of such lack of conformity of the Goods to the Seller’s reasonable satisfaction. Notwithstanding anything herein contained to the contrary, Seller shall have no liability under this warranty i) for minor deviations from Seller’s specifications (if applicable) that do not affect the performance of the Goods, or ii) for any lack of conformity of the Goods caused by misuse, neglect, improper installation, handling, operation, or maintenance, repair, alteration, fair wear and tear, erosion or corrosion, or accident, including any damage or loss of the whole or a part of the Goods that occurs after the shipment date. 14. Limitation of Liability. EXCEPT AS EXPRESSLY STATED IN SECTION 13, SELLER HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE GOODS, WHETHER EXPRESS, IMPLIED OR STATUTORY (EXCEPT AS TO TITLE) INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND OTHER IMPLIED WARRANTIES UNDER ANY APPLICABLE LAWS, RULES OR REGULATIONS. SECTION 13 SETS FORTH THE FULL EXTENT OF SELLER’S LIABILITY TO BUYER OR ANY OTHER PARTY FOR ANY BREACH OF WARRANTY WITH RESPECT TO THE GOODS. NOTHWITHSTANDING ANY OTHER PROVISION OF THIS CONTRACT, SELLER’S AGGREGATE AND CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS CONTRACT, INCLUDING WITHOUT LIMITATION ON ACCOUNT OF PERFORMANCE OR NON- PERFORMANCE OF OBLIGATIONS, REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STATUTORY OR OTHERWISE WILL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE FULL CONTRACT AMOUNT OF GOODS STATED ON THE FACE HEREOF. SELLER SHALL HAVE NO LIABILITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE, DELIVERY,NONDELIVERY,STORAGE,USE,MAINTENANCE, CONDITION OR POSSESSION OF THE GOODS. 15. Arbitration. All disputes or controversies which may arise between the parties hereto, out of or in relation to or in connection with this Contract, shall be negotiated in good faith and ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 15 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. settled by agreement between both parties as promptly as possible. If not amicably settled within 14 days after the first negotiation day, such disputes or controversies shall be settled by arbitration in Seattle, Washington by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection, and judgment on the award rendered by the arbitrators shall be final and binding and may be entered in any court having jurisdiction thereof. All arbitration proceedings shall be held in the English language. 16. Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Washington, USA, for both domestic and international sales contract. All buyers agree that jurisdiction and venue shall be Seattle, Washington State. 17. Liability for Delays and Return Trips. Buyer agrees that if Seller or any of its representative’s must make an additional service trip due to the site conditions not being ready for installation check, start up, or training to compensate them for their cost for additional travel expenses and pay for additional labor at their published labor rates. Additionally, should Buyer (or any of its representative’s) cancel an installation check, start up, or training trip with less than 72 hours’ notice, that Buyer will be liable for any additional travel costs and that the cancelling party will be liable for unused labor at their published labor rates. 18. Change Orders. If it is determined that the Seller needs to supply any other equipment or services not specified in the Sellers Project Proposal, shall warrant a change order.