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<br />I <br /> <br />I <br /> <br />I <br /> <br />Additionally a 10 year prorated media replacement is warranted for each unit after the initial 10 <br />year warranty period. <br /> <br />1.3.5 Media and performance warrantees are contingent upon the City's continued purchase of <br />the annual Biowatch™ Program. The first year of this program is included in the purchase price <br />for each unit. <br /> <br />1.4 PERFORMANCE GUARANTEE <br /> <br />The Contractor expressly warrants and guarantees: <br /> <br />1.4.1 That the Equipment will perform continuously to achieve the following reduction of <br />odors at the WWTP and the remote facilities (the "Performance Standards"): <br /> <br />a) Remove 99% of HzS based on continuous datalogger resuIts. <br />b) Remove 99% ammonia or remove continuously to below 1 ppm whichever is <br />greater based on an average of up to 10 samples. <br />c) For inlet dilution to threshold (D/T) concentration equal to or above 6,000 DIT, <br />90% removal, for inlet (D/T) concentration below 6,000 D/T, exhaust dilution to <br />threshold to less than 600 D/T. <br /> <br />This performance guarantee will be effective for a period of 10 years with purchase of the <br />Biowatch™ Operations and Maintenance Program. <br /> <br />1.4.2 The annual Biowatch™ Operations and Maintenance Program (the "Program") includes <br />the following activities: <br /> <br />a) Unlimited telephone support <br />b) Annual operator training for new personnel and/or refresher courses (coordinated <br />annually. <br />c) Annual on-site equipment and data evaluation with a report to the City including <br />an HzS removal performance report. <br />d) Annual performance guarantee. <br /> <br />The total annual cost of the Program for all units purchased by the City is $9,000.00 per year for <br />years two and three and $10,000.00 for years four through ten. <br /> <br />1.4.3 In the event that the Equipment fails at any time to comply with the Performance <br />Standards, the City will notify the Contractor, and the Contractor will: <br /> <br />a) <br /> <br />Correct the failure within three days and achieve compliance with the <br />Performance Standards; <br />Advise the City or its contract operator in accordance with the testing procedures <br />established in this Agreement of all changes to the Equipment or to the operating <br />practices needed to ensure that the failure will not occur again; <br />Promptly make all changes to the Equipment needed to prevent the failure from <br /> <br />b) <br /> <br />c) <br /> <br />3 <br />