Request for Bids RFB P17-11 Sixteen (16) Submersible Non- Clog Wastewater Pumps with Motors Due Date: 3pm, Thursday, July 6, 2017 El Dorado Irrigation District Wastewater Equipment Replacement CIP 17009 June 15, 2017 RFB P17-10 Sixteen (16) Submersible Non-Clog Wastewater Pumps with Motors
Table of Contents GENERAL 1.0 OVERALL SCOPE AND BID DUE DATE... 3 2.0 PROJECT SCHEDULE AND BID CONTENT... 5 2.1 Project Schedule... 5 2.2 Bid Content and Related Items... 5 3.0 PAYMENT SCHEDULE... 5 Exhibit A Bid Form EXHIBITS Exhibit B Submersible Non-Clog Wastewater With Motors Specifications including Table 1: Pump Schedule Exhibit C EID Purchase Order Terms and Conditions RFB P17-10 Sixteen (16) Submersible Non-Clog Wastewater Pumps with Motors
1.0 OVERALL SCOPE AND BID DUE DATE GENERAL El Dorado Irrigation District (District or EID), an irrigation special district organized and existing under the California Irrigation District Law (Water Code 20500, et seq.) and authorizing statutes (Water Code 22975, et seq.), hereby gives notice that it is now accepting bids for the purchase of Submersible Non-Clog Wastewater pumps with motors for EID s Wastewater Equipment Replacement Program, CIP 17009 as described in this Request for Bids (RFB). This RFB, including its specifications and attachments, establishes the entire requirements for this procurement. The scope of this procurement shall include, but not be limited to: Submersible Non-Clog Wastewater Pumps with Motors. Bids shall be submitted on the Bid Form provided in Exhibit A attached to this RFB and shall include all of the information required. EID may reject a bid as non-responsive for failure to provide all the information requested in this RFB. Sealed bids are due no later than 3:00 p.m. local time on Thursday, July 6, 2017 at the front desk of the first floor lobby of EID s Customer Service Building located at 2890 Mosquito Road, Placerville, CA 95667. Bids will be publicly opened immediately thereafter. All bid envelopes will be time and date stamped to reflect their submittal time. Bids received after the submission deadline will be returned unopened to bidder. EID will not accept bids submitted by email or facsimile transmission. Bids shall be delivered in a sealed envelope labeled: Mailroom DO NOT OPEN RFB P17-11 Bid for Submersible Non-Clog Wastewater Pumps with Motors Attention: Edward Ruiz, Procurement and bidder s name All questions about this RFB shall be submitted in writing via email only to Edward Ruiz: Edward Ruiz, Buyer II EL DORADO IRRIGATION DISTRICT Fax: (530) 642-4525 Email: eruiz@eid.org To be considered, questions must be received by EID no later than 3:00 p.m. on Thursday, June 29, 2017. EID may, if deemed necessary, respond to such questions by issuance of formal written addenda, interpreting or clarifying the requirements of this RFB. EID may also issue addenda to modify this RFB as deemed advisable by EID. All such addenda shall be part of this RFB and binding upon each bidder. All addenda will be posted on the District s website. Each bidder is solely responsible for obtaining all addenda posted on the District s website. EID may, upon inquiry, orally direct a bidder s attention to specific provisions of this RFB that cover the subject of the inquiry. RFB P17-10 Sixteen (16) Submersible Non-Clog Wastewater Pumps with Motors
However, all supplemental information provided by EID during the RFB process shall not be binding unless communicated by formal written addenda. The complete bid packages will be reviewed by EID. The bids will be evaluated both on costs presented in the Bid Form and the information provided as listed in the Specifications to make the determination of the bid that represents the best overall value to EID. In submitting a bid, bidder agrees that, if awarded the contract for this RFB, bidder shall be bound by all requirements specified in this RFB and any related Adenda. EID reserves the right to reject any or all bids and to re-issue this RFB. EID reserves the right to request additional written or oral information from bidders to obtain clarification of their bids. Awards may be made to multiple bidders where it is advantageous to the District. The award of contract may be made to the bidder whose bid best meets the District s requirements and represents the best value to the District. The District will determine which bid is the best value and whether it is in the interest of the District to accept the bid. The judgment of the District as to which bid meets the District s requirements and results in the lowest overall cost shall be final. The bidder s signed bid and El Dorado Irrigation District s acceptance by its Board of Directors, or when Board approval is unnecessary, by the execution of a written agreement signed by all appropriate District personnel, shall constitute a binding contract. All bids become the property of EID. All costs associated with development of bids shall be the sole responsibility of bidder and shall not be charged in any manner to EID. A protest concerning this RFB or award of the contract hereunder must be submitted in writing to Attn: Purchasing & Contracts at 2890 Mosquito Road, Placerville, CA 95667 on or before 5:00 p.m. of the fifth (5 th ) calendar day following EID s posting of Notice of Intent to Award the procurement contract at the entry of EID s Customer Service Building at the aforementioned address and on EID s website at www.eid.org. The procedure and time limit set forth in this paragraph are mandatory and are the sole and exclusive remedy for the bidder, prospective bidder, or contractor in the event of a protest of the results of this RFB or award of the contract hereunder and failure to pursue said remedy shall constitute a waiver of any right to further pursue said protest, including filing a Government Code claim or legal proceedings. RFB P17-10 Sixteen (16) Submersible Non-Clog Wastewater Pumps with Motors
2.0 PROJECT SCHEDULE 2.1 Project Schedule The District has scheduled authorization to enter into a contract for supply of the Bid items at its regular Board of Directors meeting, July 24, 2017. 1. It is the intent of the District to issue a purchase order to the awarded bidder the week of July 24, 2017. 2. Submittals shall be provided complete within 2 weeks of date of issuance of the purchase order. 3. Pumps shall be available to ship within 15 weeks from approval of submittals. 2.2 Bid Content and Related Items The bid packet for the items shall include the following as a minimum: 3.0 PAYMENT SCHEDULE Quantity of sixteen pumps and parts as specified in Exhibit B: 1. Completed Exhibit A, Bid Form. 2. Manufacturer s literature indicating the proposed pump type, model, motor horsepower and efficiency. 3. Manufacturer s H-Q performance curve for the proposed pump, including curves for flow vs. head, efficiency, HP and NPSHR. Delivery is to 3240 Bass Lake Road, El Dorado Hills, CA, 95762. Payment will be made within 30 days upon delivery of all items satisfactory to the District. END RFB P17-10 Sixteen (16) Submersible Non-Clog Wastewater Pumps with Motors
Exhibit A Bid Form RFB P17-11 THIS BID IS SUBMITTED BY: (Firm/Company Name) RFB P17-11 Sixteen (16) Submersible Non-Clog Wastewater Pumps with Motors Pump(s) w/ Motors For Quantity Bid Price Each Total Browns Ravine 1 2 $ $ Browns Ravine 2 2 $ $ East Road 2 $ $ El Dorado 1 $ $ Marina Hills 2 $ $ Marina Village 2 1 $ $ Pioneer Place 2 $ $ Saint Andrews 1 $ $ Waterford 8 1 $ $ Waterford 9 2 $ $ Delivery Bid Price (if any): $ Total Bid Price Written in Words: Total Bid Price: $ Bidder should not show sales tax on its bid. In submitting this bid, bidder agrees to all of the terms and conditions of this Request for Bid and agrees to keep the bid price effective for at least sixty (60) calendar days from the date that it is opened by EID. Certification I certify (or declare) under penalty of perjury under the laws of the State of California that all of the information submitted with this bid is true and correct; and that the person signing below is duly authorized to submit this bid on behalf of bidder. Signature of Authorized Bidder Name Email Cell Number End of Exhibit A
Exhibit B REQUIREMENTS Furnish sixteen (16) submersible non-clog wastewater pumps. Each pump shall be equipped with a premium efficiency submersible electric motor compatible with a power source as indicated and additional appurtenances as listed herein. Required pump operational parameters including design head, flow, horsepower, discharge diameter, and power requirements are listed in Table 1. Pump and motor shall be provided from a single manufacturer who has been regularly engaged in the design and manufacture of the equipment and has supplied pump equipment that has been in successful operation, at similar installations, for at least five (5) years. PUMP CONSTRUCTION Major pump components shall be of grey cast iron, (ASTM A-48, Class 35B), with smooth surfaces devoid of porosity, blow holes, or other irregularities. The lifting handle shall be of stainless steel. All exposed nuts or bolts shall be AISI type 316 stainless steel construction. All metal surfaces coming into contact with wastewater, other than stainless steel or brass, shall be protected by a factory applied two part epoxy paint finish on the exterior of the pump. The pump shall be equipped with an open lifting hoop suitable for attachment of standard chain fittings, or for hooking from the wet well surface. The hoop shall be ductile cast iron (ASTM A536; 60-40-18) or AISI type 316 stainless steel and shall be rated to lift a minimum of four times the pump weight. Sealing design for the pump/motor assembly shall incorporate machined surfaces fitted with Nitrile (Buna-N) rubber O-rings. Housing interfaces shall meet with metal to metal contact between machined surfaces, and sealing shall be accomplished without requiring a specific torque on the securing fasteners. Rectangular cross sectioned gaskets requiring specific torque limits to achieve compression shall not be used. No secondary sealing compounds shall be required or used. IMPELLER The impeller shall be of gray cast iron, (ASTM A-48, Class 35B). The impeller shall be of the semi-open, non-clogging, single or two vane design, meeting the Ten State Standards requirement for minimum solids passage size of 3 inches. The impeller shall be capable of passing a minimum of 3.1 inch diameter spherical solids as are commonly found in waste water. The impeller shall have a slip fit onto the motor shaft and drive key, and shall be securely fastened to the shaft by a stainless steel bolt which is mechanically prevented from loosening by a positively engaged ratcheting washer assembly. The head of the impeller bolt shall be effectively recessed within the impeller bore to prevent disruption of the flow stream and loss of hydraulic efficiency. The impeller shall be dynamically balanced. Impeller designs which do not meet the Ten State Standards requirement for 3 inch solids passage, or those that rely on retractable impeller designs to pass 3 inch solids shall not be used. PUMP VOLUTE The pump volute shall be single piece gray cast iron, (ASTM A-48, Class 35B) non-concentric design with centerline discharge. Passages shall be smooth and large enough to pass any solids which may enter the impeller. Volute discharge size shall be as specified in Table 1. The
discharge flange design shall permit attachment to standard ANSI or metric flanges/appurtenances. The discharge flange shall be slotted or drilled to accept both ANSI class 125 and metric DN100 (PN 10) metric flanged fittings. Proprietary or non-standard flange dimensions shall not be considered acceptable. The minimum working pressure of the volute and pump assembly shall be 10 bar (145 psi). MOTOR The Premium Efficiency motor shall meet efficiency standards in accordance with IEC 60034-30, level IE3 and NEMA Premium. The Premium Efficiency motor shall be housed in a water tight, air filled, gray cast iron (ASTM A-48, Class 35B), enclosure capable of continuous submerged operation underwater to a depth of 20 meters (65 feet), and shall have an IP68 protection rating. The pump motor shall be a NEMA B design, induction type with a squirrel cage rotor, shell type design, housed in an air filled, watertight chamber. The motor shall be of the squirrel-cage induction design, NEMA type B, Premium Efficiency. The copper stator windings shall be insulated with moisture resistant Class H insulation materials, rated for 180oC (356oF). The stator shall be press fitted into the stator housing. The use of bolts, pins or other fastening devices requiring penetration of the stator housing is unacceptable. The rotor bars and short circuit rings shall be made of cast aluminum. The motor shall be designed for continuous duty handling pumped media of 40 C (104 F). The motor shall be capable of handling up to 15 evenly spaced starts per hour without overheating. The service factor (as defined by the NEMA MG1 standard) shall be 1.3. The motor shall be capable of operating, completely submerged, partially submerged, or unsubmerged. The motor shall be self-cooling via the wastewater surrounding the motor. The motor shall have a NEMA Class A temperature rise providing cool operation under all operating conditions. APPURTANENCES Thermal Protection Each phase of the motor shall contain a normally closed temperature monitor switch imbedded in the motor windings. These thermal switches shall be connected in series and set to open at 140oC +/- 5oC (284oF). They shall be readily connected to the control panel, and used in conjunction with, and supplemental to, external motor overload protection. Mechanical Seals Mechanical Seals shall have the following attributes: 1. Upper Seal Unit Material: One stationary tungsten or silicon-carbide ring and one positively driven rotating tungsten or silicon-carbide ring. 2. Lower Seal Unit Material: One stationary and one positively driven rotating tungsten or silicon-carbide ring. 3. Features: a. Tandem arrangement running in an oil chamber. b. Design oil chamber to assure that air is left in the oil chamber to absorb the expansion of the oil due to temperature variations. c. Oil in oil chamber shall be FDA approved, paraffin type colorless, odorless, and non-toxic.
d. Independent spring system between seal interfaces able to withstand maximum suction submergences. e. Does not require pressure differential to affect sealing. f. Does not use pumped media for lubrication. g. Lower mechanical seal effectively lubricated from oil chamber housings. h. Not damaged when pump is run dry (unsubmerged) for extended periods. i. Springs and Other Hardware: Stainless steel, 300 or 400 series. j. Moisture Sensing System: Intrinsically safe type that signals seal leakage. k. Provide oil chamber with manufacturer s standard drain and inspection plug, with positive anti-leak seal, easily accessible from the outside. 4. Radial Lip Seal (where applicable): A radial lip seal shall be positioned above the sensing chamber, preventing any liquid which accumulates in the sensing chamber from entering the lower bearing and motor Pump Shaft Pump and Motor Shaft shall be a single piece unit. Shafts using mechanical couplings shall not be acceptable. Bearings Bearings shall have the following attributes: 1. Type: Anti-friction meeting AFBMA standards. Bearing lubrication system shall be sized to safely absorb energy normally generated in bearing under maximum ambient temperature of 60 degrees Celsius. 2. Pump shaft shall rotate on a minimum of two (2) permanently sealed, grease lubricated bearings. 3. Upper bearing shall be a single deep groove ball bearing. 4. Lower bearing shall be a two row angular contact bearing to compensate for axial thrust and radial forces. 5. Bearing life: One of the following whichever provides longer bearing life in intended service a. Minimum L10 life of 50,000 hours in accordance with AFBMA standards at rated design point. b. Minimum 24,000 hours at bearing design load imposed by pump shutoff with maximum sized impeller at rated speed. Generic or unbranded bearings from other than major bearing manufacturers shall not be used. Power Cable The power cables shall be sized according to NEC and CSA standards and shall be of a minimum of 49 feet in length. The outer jacket of the cable shall be oil and water resistant, and shall be capable of continuous submerged operation underwater to a depth of 65 feet. Cable Entry System: Cable entry system shall have the following attributes: 1. Cable entry seal design shall not require specific torque requirements to insure a watertight and submersible seal.
2. Cable entry seal shall consist of a single cylindrical elastomeric grommet, flanked by stainless steel washers. 3. The entry body shall perform compression and strain relief that is separate from the sealing function. 4. The cable entry junction chamber shall be separate from the motor chamber to prevent foreign material from gaining access to the motor interior through the top of the pump. WARRANTY The manufacturer shall furnish the Owner with a written warranty to cover the pumps against defects in workmanship, material, and rotating parts for a period of five (5) years pro-rated under normal use and service from the date of acceptance of installation by the manufacturer s representative. The manufacturer s warranty shall be issued in the Owner s name.
Table 1: Pump Schedule Location Browns Ravine 1 Browns Ravine 2 Qty East Road 2 ABS Existing Pump Information Manufacturer Model Serial Number Required Operating Point Head (feet) Flow (gpm) Discharge, Horsepower, and Power Requirements Discharge Dia. (inch) HP RPM Volts Phase Hz Wet Well Info. 2 WEMCO 4S3 7490497-1 67 80 4 14 1780 230 3 60 10 6 2 WEMCO 3S2 7490597-4 10.5 77 3 2.4 1780 230 1 60 10 6 AFP 1044 M170/4-32.60 Depth (feet) 389, 390 91 400 4 28 1780 230 3 60 20 6 El Dorado 1 ABS AFP 1576 Not available 58 1264 6 33 1180 460 3 60 15 30X22 Marina Hills 2 Barnes 4SE-EHA Not available 146 200 4 47 1780 460 3 60 12 6 Marina Village 2 1 Barnes SEUH1002 Not available 90 85 4 14 1780 230 3 60 12 6 Pioneer Place 2 Barnes 4XSE40044EHA T628689-0699 126 200 4 47 1780 460 3 60 25 6 Saint Andrews 1 ABS AFP 2051 148 2470 8 140 1780 460 3 60 16 varies Waterford 8 1 Barnes 4SEH-1002 Waterford 9 2 Hydromatic S4M 1500 M3-4 73081-488- 62 TT 73081-488- 01 TT 3-1918, 3-1919 38 300 4 12 1780 230 3 60 14 6 30 265 4 14 1780 230 3 60 23 6 End of Exhibit B Dia. (feet)
EID PURCHASE ORDER TERMS AND CONDITIONS Attachment T&C 2 pages 1. Purchase Order ( Order ) Force and Effect. El Dorado Irrigation District ( Purchaser ) is not responsible for goods or services (collectively, referred to as Services ) rendered without the authority of an order on this form. This Order shall supersede and control over all inconsistent provisions in any proposal. The provisions of this Order (and all attachments hereto, and associated bid solicitation terms and conditions issued by Purchaser, if applicable) constitute the entire agreement between the Vendor and Purchaser regarding the Services described herein. No representation, term or covenant not expressly specified in this Order shall, whether oral or written, be a part of this agreement. This Order shall supersede all other prior purchase orders and agreements between Vendor and Purchaser with respect to the Services. This Order may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of Vendor and Purchaser. 2. Performance of Services. Time is of the essence in the performance of the Services. Vendor represents that it is skilled in the discipline necessary to perform the Services. Vendor shall perform its Services in a skillful manner, comply fully with criteria established by Purchaser, and with all applicable laws, codes, and professional standards. Vendor shall comply with all local, state and federal laws, ordinances, rules and regulations applicable to the Services and give all notices required thereby. Vendor shall execute and maintain its work so as to avoid injury or damage to any person or property and shall comply with all required specifications for safety measures applicable to the Services. 3. No Assignment. Vendor shall not contract any portion of the Services or otherwise transfer or assign this Order, in whole or in part, without the prior written approval of Purchaser. Any such attempted transfer or assignment without the written consent of Purchaser shall be null and void. Vendor s authorized representative is the individual signing this Order unless Vendor otherwise informs Purchaser in writing. The granting of any payment, and any inspections, reviews, approvals or oral statements by any Purchaser representative, or certification by any governmental entity, shall in no way limit Vendor s obligations under this Order. 4. Records and Payment Requests. Vendor shall submit billings with all necessary invoices or other appropriate evidence of performance. The standard payment terms are net thirty (30) days after receipt of invoice. Discounts for early payment will be considered. No other payment terms shall be allowed without the prior written consent of Purchaser s Purchasing Division. Purchaser shall have the right to audit the Vendor s work records. Vendor shall make available to Purchaser, its authorized agents, officers, or employees, any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the expenditures and disbursement charged to Purchaser, for examination. Vendor shall furnish to Purchaser, its authorized agents, officers, or employees, such other evidence or information as Purchaser may require with regard to any such expenditure or disbursement charged by Vendor. Vendor shall maintain all documents and records prepared by or furnished to Vendor during the course of performing the Services for at least three (3) years following completion of the Services, except that all such items pertaining to hazardous materials shall be maintained for at least thirty (30) years. Such records include, but are not limited to, correspondence, internal memoranda, calculations, books and accounts, accounting records documenting its work under this Order, and invoices, payrolls, records and all other data related to matters covered by this Order. Vendor shall permit Purchaser to audit, examine and make copies, excerpts and transcripts from such records. The State of California or any federal agency having an interest in the subject of this Order shall have the same rights conferred to Purchaser by this section. Such rights shall be specifically enforceable. 5. F.O.B. Point. All shipments under this Order shall be made F.O.B. destination, requiring Vendor be solely responsibility for shipment until it is tendered to Purchaser, even if Purchaser agrees to pay for shipping and handling. Purchaser may allow freight charges but only if expressly stated on this Order. Freight charges shall be shown separately on the lines provided on this Order. 6. Independent Contractor. Vendor is an independent contractor and does not act as Purchaser s agent in any capacity whatsoever. Vendor is not entitled to any benefits that Purchaser provides to Purchaser employees, including, without limitation, worker s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Order regarding direction apply to and concern the result of the Vendor s provision of Services not the means, methods, or scheduling of the Vendor s work. Vendor shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Order. Vendor shall pay all payroll taxes imposed by any governmental entity and will pay all other taxes not specifically identified in this Order as Purchaser s responsibility. 7. Indemnity/Liability. To the fullest extent permitted by law (including, without limitation, California Civil Code Section 2782), Vendor shall defend (with legal counsel reasonably acceptable to Purchaser), indemnify and hold harmless Purchaser and its officers, agents, departments, officials, representatives and employees (collectively Indemnitees ) from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Vendor), expense and liability of every kind, nature and description (including, without limitation, court costs, attorneys fees, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) that arise from or relate to, directly or indirectly, in whole or in part, any activity of Vendor, or its employees, representatives, agents, suppliers or subconsultants, under this Order (but only to the extent that any of the above are actually caused by any negligent act or omission or intentional misconduct of Vendor, any of its suppliers or sub-consultants, anyone directly or indirectly employed by them, or anyone that they control) (collectively Liabilities ). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused in whole or in part by the sole negligence, active negligence, or willful misconduct of any Indemnitee.
8. Warranty. Whether or not Vendor is merchant of the Services provided by it, Vendor warrants that all goods and services furnished under this Order shall be of merchantable quality and free from any defects in material or workmanship. Vendor shall indemnify and hold Purchaser harmless from and against any and all liability, damages and expenses arising from any such breach of warranty. This warranty is in addition to all warranties contained under the law. 9. Changes. Purchaser reserves the right to make changes in this Order at any time, which changes shall be made in writing signed by Purchaser. When such changes result in greater or lesser costs an equitable adjustment in the purchase price will be negotiated between Purchaser and Vendor. 10. Acceptance of Goods. Payment for goods delivered under this Order shall not be deemed acceptance of such goods. Goods shall only be accepted after they have been counted, inspected and tested as needed by Purchaser. 11. MSDS. Material Safety Data Sheets must be supplied to Purchaser at or prior to delivery of all substances that require such sheets. Delivery of any food items shall not be complete until such sheets are furnished to Purchaser. 12. Conflict of Interest. Vendor represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services required under this Order. 13. Confidentiality. Any information, whether proprietary or not, made known to or discovered by Vendor during the performance of or in connection with this Order for Purchaser, will be kept confidential and not be disclosed to any other person. Vendor will immediately notify Purchaser in writing if it is requested to disclose any information made known to or discovered by during the performance of or in connection with this Order. 14. Termination and Suspension. Purchaser may direct Vendor to terminate, suspend, delay or interrupt Services, in whole or in part, for such periods of time as Purchaser may determine in its sole discretion. Purchaser may issue such directives without cause. Purchaser will issue such directives in writing, and compensate Vendor for services satisfactorily rendered, subject to Purchaser s reasonable approval, through the date of termination. Vendor may recover no other cost, damage, or expense. Suspension of Services shall be treated as an excusable delay. Purchaser may terminate performance of the Services under this Order in whole, or from time to time in part, for default, should Vendor commit a material breach of the Order, or part thereof, and not cure such breach within ten (10) calendar days of the date of Purchaser s written notice to Vendor demanding such cure. In the event Purchaser terminates the Order for default, Vendor shall be liable to Purchaser for all loss, cost, expense, damage and liability resulting from such breach and termination. Vendor shall continue its work throughout the course of any dispute, and Vendor s failure to continue work during a dispute shall be a material breach of this Order. Either party s waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of this Order, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive that party s right thereafter to enforce or compel strict compliance with every provision hereof. 15. Public Records Act. Both parties understand and agree that Purchaser must comply with the California Public Records Act ( Act ). If Vendor believes that any document or information furnished to Purchaser in connection with Vendor s performance of Services is exempt from public disclosure under the Act, it shall so advise Purchaser in writing at the time the document or information is furnished. 16. Survival. Without limiting any of the parties other rights or obligations arising from this Order, and in addition to all other provisions indicated as surviving the termination or expiration of this Order, the following provisions will survive any termination or expiration hereunder: 4, 7, 8, 13, 16, 17 and 18. 17. Miscellaneous. This Order shall be interpreted under the laws of the State of California, excluding its conflict of law rules. Any litigation under this Order shall be resolved in Superior Court of the State of California. 18. Force Majeure. Either party s failure to perform any term or condition of this Order as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, or governmental restrictions shall not be deemed a breach of this Order. 19. Prevailing Wage Laws. When applicable, the Vendor must comply with all prevailing wage laws applicable to public works projects and related requirements contained in this Agreement. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute this Agreement, as determined by Director of the State of California Department of Industrial Relations, are on file at the District s office and are deemed included in this Agreement. Upon request, District will make available copies to any interested party. Also, Vendor shall post the applicable prevailing wage rates at the Site. The California Department of Industrial Relations website is www.dir.ca.gov.