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HomeMy WebLinkAboutAZZ c/o Central Electric 2010-06-21SECTION 00005 CERTIFICATION PAGE PROCUREMENT CONTRACT NO. 01236-P4 15 -kV Metal -Clad Switchgear and Control Building Orchard Substation City of Ukiah The engineering material and data contained in these Request for Bids Documents were prepared under the supervision and direction of the undersigned. Prepared by: Waom Quality Assurance: Contract Documents are hereby authorized for issue. R. W. BECK, INC. Keith Deaton Regional Practice Manager R./bruo,m Q) &(J�() Date of Issue P6V Q�-- a 10 COPYRIGHT 2010, R. W. BECK, INC., ALL RIGHTS RESERVED. PROJECT NO. 01236-P4/ISSUED FOR BID 00005-1 CERTIFICATION (THIS. PAGE IRTEN`i`IONALLY LEFT BLANK] SECTION 00010 TABLE OF CONTENTS PROCUREMENT CONTRACT NO. 01236-P4 15 -kV Metal -Clad Switchgear and Control Building Orchard Substation City of Ukiah SECTION CONTENTS NO.OF PAGES DIVISION 0 - INTRODUCTORY INFORMATION AND CONTRACTING REQUIREMENTS INTRODUCTORY INFORMATION 00001 Title Page 1 00005 Certification Page 1 00015 List of Drawings, Tables, and Schedules 2 CONTRACTING REQUIREMENTS 00510 Notice of Award 2 00520 Procurement Agreement 6 Seller's Bid Documents—Attached as Exhibit A ` Seller's City of Ukiah Business License 00611 Performance Bond 2 00612 Payment Bond 2 00700' Standard General Terms and Conditions 22 00900 Addenda 2 ` DIVISION 1- GENERAL REQUIREMENTS 01110 Summary of Work 1 01200 Price and Payment Procedures 2 Application for Payment form 1 Change Order form 2 01330 Submittal Procedures 6 Shop Drawing Transmittal Form RWB465C 1 01400 Quality Requirements 5 01650 Product Delivery Requirements 1 i 01770 Closeout Procedures 1 DIVISION 16 - ELECTRICAL J16340 Metal -Enclosed Bus 2 16350 15 -kV Metal -Clad Switchgear & Control Building 27 16993 Control Building and. Switchgear Manufacturers' Field Services 8 PROJECT NO. 01236-P4/ISSUED FOR 00010-1 TABLE OF CONTENTS Jj CONSTRUCTION SECTION CONTENTS E -STD -1115 CT and VT Secondary Circuit Grounding E -STD -1222 Typical Relay Panel Device Nameplates Contract Drawings END OF SECTION PROJECT NO. 01236-P4/ISSUED FOR 00010-2 CONSTRUCTION NO.OF PAGES 1 1 28 TABLE OF CONTENTS SECTION 00015 LIST OF DRAWINGS, TABLES, AND SCHEDULES PROCUREMENT CONTRACT NO. 01236-P4 15 -kV Metal -Clad Switchgear and Control Building Orchard Substation City of Ukiah PROJECT NO. 01236-P4/ISSUED FOR 00015-1 LIST OF DRAWINGS, TABLES, CONSTRUCTION AND SCHEDULES CONTRACT DRAWINGS _...... .1236-100.1 _ _ ..... SINGLE LINE DIAGRAM 1236-101.0 METAL CLAD SWITCHGEAR ONELINE DIAGRAM 1236-102.0 TYPICAL TRANSFORMER RELAYING AND CONTROL SCHEMATIC 1236 103.0 .... . TYPICAL 11 5k BREAKER RELAYING AND CONTROL SCHEMATIC 1236-104.0 TYPICAL 286B RELAYING & CONTROL SCHEMATIC 1236-105.0 TYPICAL SWITCHGEAR MAIN BREAKER RELAYING AND CONTROL SCHEMATIC 1236-106.0 TYPICAL SWITCHGEAR FEEDER BREAKER RELAYING & CONTROL SCHEMATIC 1236-107.0 TYPICAL SWITCHGEAR BUS TIE BREAKER RELAYING & CONTROL i SCHEMATIC 1236-300.0 EQUIPMENT PLAN l 1236-303.0 EQUIPMENT SECTIONS E & F 1236-304.0 EQUIPMENT SECTIONS Q H, & J 1236-306.0 PHASING DIAGRAM 1236-700.0 ............ . ...... CONTROL BUILDING PLAN VIEW EQUIPMENT LAYOUT I :1236-701.0 . .. CONTROL BUILDING LIGHTING LAYOUT 1236-702.0 CONTROL BUILDING HVAC LAYOUT 1236 703 0 l CONTROL BUILDING CABLE TRAY LAYOUT :1236-704.0 _........ CONTROL BUILDING CABLE ENTRANCE ENCLOSURE DETAILS 1236-705.1 ......... RELAY PANEL LAYOUTS PROJECT NO. 01236-P4/ISSUED FOR 00015-1 LIST OF DRAWINGS, TABLES, CONSTRUCTION AND SCHEDULES DRAWING NO. DRAWING TITLE 1236-706.0 BUS 3 SWITCHGEAR LAYOUT 1236-707.0 BUS 2 SWITCHGEAR LAYOUT 1236-708.0 BUS 1 SWITCHGEAR LAYOUT 1236-709.0 ..... .... ....... __ . RELAY PANEL FABRICATION DETAILS 1236-710.0 RELAY PANEL & SWITCHGEAR BOM 1236-711.0 COMMUNICATION SCHEMATIC (1 OF 3) 1236-712.0 _....___ . _. COMMUNICATION SCHEMATIC (2 OF 3) 1236-713.0 ......... COMMUNICATION SCHEMATIC (3 OF 3) 1236-714.0 BATTERY ENCLOSURE DETAILS 1236-715.0 CONTROL BUILDING AC & DC DISTRIBUTION PANELS __.. ___ _ _ _ ....... . END OF SECTION PROJECT NO. 01236-P4/ISSUED FOR 00015-2 LIST OF DRAWINGS, TABLES, CONSTRUCTION AND SCHEDULES SECTION 00510 NOTICE OF AWARD DATE: AW -11- 8, z0 / D TO: AZZ c/o Central EIectric 7900 US Highway 54 South Fulton, MO 65251 Attention: Mr. Dave Gohil PROJECT: Orchard Substation BUYER'S CONTRACT NO.: 01236-P4 CONTRACT FOR: 15 -kV Metal -Clad Switchgear and Control Building You are notified that your Bid dated March 1, 2010, for the above Contract has been considered. You are the apparent successful bidder and have been awarded a contract for the following: A. Design, manufacture, assemble and test `one prefabricated metal control building or approved equal with anchor bolts and equipment, including one 15 -kV metal -clad switchgear and California sales tax (8.75%), and including, but not limited to, switchboard panels, relays, station battery, AC and DC distribution panels, heat pump, and miscellaneous equipment, delivery F.O.B. to the Point of Destination, and installation. BID ITEM `A' LUMP SUM BID PRICE: One Million Seven Hundred EiOity-Six Thousand. Seven ffimdred Ninety and 00/100 ($ 1,786.790.00) (Use words) (Use figures) B. Price of Special Services to be performed on-site as specified BID ITEM `B' LUMP SUM BID PRICE: Forty -Seven Thousand Four Hundred Thirty -One and 00/100 ($ 47,431.00) (Use words) (Use figures) TOTAL CONTRACT PRICE: One Million Eight Hundred Thirty -Four Thousand Two Hundred Twenty -One and 00/100 ($ 1,834,221.0.0} (Use words) (Use figures) The deadline for delivery of equipment is 180 days from the Date of Agreement. PROJECT NO. 01236-P4/ISSUED FOR BID 00510-1 NOTICE OF AWARD CONSTRUCTION TO: AZZ Notice of Award Page 2 Copies of the proposed Contract Documents will follow this Notice of Award after compliance with the following conditions within 15 days of the date of this Notice of Award: 1. You must deliver the Performance and Payment Bonds in accordance with the General Conditions. 2. You must deliver to the Engineer a delivery schedule indicating the dates and contents of each shipment. 3. You must deliver the Insurance Certificates as evidence of insurance coverage required by General Conditions. Failure to comply with these conditions within the time specified will entitle Buyer to consider your bid abandoned and to annul this Notice of Award. Within 10 days after you comply with those. conditions, Buyer will provide copies of the Agreement and Contract Documents for your execution. City of Ukiah (TITLE) Copy to Engineer (Use Certified Mail, Return .Receipt Requested) PROJECT NO. 01 236-P4/ISSUED FOR 00510-2 NOTICE OF AWARD CONSTRUCTION ARTICLE 4 - BASIS OF BID Bidder will furnish the Goods and Special Services in accordance with the Contract Documents for the following price(s): ITEM DESCRIPTION A. Design, manufacture, assemble and test one prefabricated metal control building or approved equal with anchor bolts and equipment, including one 15 -kV metal -clad switchgear and Ealife� sales tax r (8.75%), and including, but not limited to, switchboard panels, relays, station battery, AC and DC distribution panels, heat pump, and miscellaneous equipment, delivery R.O.B. to the Point of Destination, and installation. BID ITEM A LUMP SUM BID PRICE: 0�►�e lbl: I Fes. Se v Jij614 b 5,x Fl-v.5a"J.Se,it and da /100 ($1,78 6,79d.o� H04..k '?-m et? (Use words) (Use figures) B. Price of Special Services to be performed on-site as specified BID ITEM B LUMP SUM BID PRICE: For �7 rA ' 7,431,o Se.trP-w T/�.ovsa•w� �W� l�vnd(� c �� Die and a0 /100 ($ (Use words) (Use figures) SPARE PARTS List recommended spare parts in addition to the required spare parts listed in Section 16350 included in the Lump Sum Bid Price. Additional recommended spare part prices shall be listed below, priced F.O.B. destination: ITEM PRICE (Attach additional sheet, if necessary.) PROJECT NO. 01236-P4/ISSUED FOR BID 00410-3(2) BID FORM date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions. } 5.03 Days to Achieve Delivery of Goods A. The Goods are to be delivered to the Point of Destination and ready for Buyer's receipt of delivery within 180 days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions. 5.04 Days for Furnishing Special Services A. The furnishing of Special Services to Buyer will commence within 15 days after Buyer's written notice to Seller following Buyer's receipt of delivery' of the Goods, and shall be completed within 30 days thereafter. Such notice will be given no later than 60 days after Buyer's receipt of delivery. 5.05 Liquidated Damages A. For Delay. Buyer and Seller recognize that Buyer will suffer financial loss if the Goods are not delivered at the Point of Destination and ready for receipt of delivery by Buyer L within the times specified in Paragraph 5.03 above, plus any extensions thereof allowed in accordance with Article 7 of the General Conditions. The parties also recognize that the timely performance of services by others involved in the Project is materially dependent upon Seller's specific compliance with the requirements of Paragraph 5.03. Further, they recognize the delays, expense and difficulties involved in proving the actual loss suffered by Buyer if complete .l acceptable Goods are not delivered on time. Accordingly, instead of requiring such proof, Buyer l and Seller agree that as liquidated damages for delay (but not as a penalty) Seller shall pay Buyer 0.5% of the total contract amount for each day that expires after the time specified in Paragraph 5.03 for delivery of acceptable Goods. �1 Article 6. CONTRACT PRICE 6.01 Buyer shall pay Seller for furnishing the Goods and Special Services in accordance with the Contract Documents in current funds as follows: ITEM DESCRIPTION A. Design, manufacture, assemble and test one prefabricated metal control building or approved equal with anchor bolts and equipment, including one 15 -kV metal -clad switchgear and California sales tax (8.75%), and including, but not limited to, switchboard panels, relays, station battery, AC and DC distribution panels, heat pump, and miscellaneous equipment, delivery F.O.B. to the Point of Destination, and installation. BID ITEM A LUMP SUM BID PRICE: One Million Seven Hundred Eighty -Six Thousand Seven Hundred Ninety and 00/100 ($ 1,786,790.00) (Use words) (Use figures) 1 PROJECT NO. 01236-P4/ISSUED FOR 00520-2 AGREEMENT CONSTRUCTION B. Price of Special Services to be performed on-site as specified BID ITEM B LUMP SUM BID PRICE: Forty -Seven Thousand, Four Hundred Thirty -One, and 00/100 ($ 47,431.00) (Use words) (Use figures) TOTAL CONTRACT PRICE: One Million, Eight Hundred Thirty Four Thousand, Two Hundred Twenty -One and 00/100 ($ 1,834,221.00) (Use words) (Use figures) Article 7. PAYMENT PROCEDURES 7.01 Submittal and Processing of Payments A. Seller shall submit Applications for Payment in accordance with Article 10. of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 7.02 Progress Payments A. Buyer shall make progress payment on account of the Contract Price on the basis of Seller's Applications for Payment as follows: 1. Upon receipt of a single Application for Payment submitted in accordance with Paragraph 10.0l.A.1 of the General Conditions, an amount equal to 90 percent of the Contract Price, less such amounts as Engineer shall determine in accordance with paragraph 10.02.A.3. of the General Conditions. 7.03 Final Payment A Upon receipt of the final Application for Payment accompanied by Engineer's recommendation of payment in accordance with paragraph 10.06 of the General Conditions, Buyer shall pay the remainder of the Contract Price as recommended by Engineer. Article 8. INTEREST 8.01 All monies not paid when due, as provided in Article 10 of the General Conditions, shall bear interest at the current prime lending rate, as stated by the Federal. Reserve Bank, at the time of the Payment request. Article 9.. SELLER'S REPRESENTATIONS 9.01 In order to induce Buyer to enter into this Agreement, Seller makes the following representations: A. Seller has examined and carefully studied the Contract Documents and the other J related data identified in the Bidding Documents. PROJECT NO. 01236-P4/ISSUED FOR 00520-3 AGREEMENT 'CONSTRUCTION B. If specified or if, in Seller's judgment, any local condition may affect cost, progress or the furnishing of the Goods and Special Services, Seller has visited the Point of Destination and become familiar with and is satisfied as to the local conditions that may affect cost, progress or the furnishing of the Goods and Special Services. C. Seller is familiar with and is satisfied as to all local, federal, state, and local Laws and Regulations that may affect cost, progress and the7 furnishing of the Goods and Special Services. D. Seller has carefully studied and correlated the information known to Seller, and information and observations obtained from Seller's visits,. if any, to the Point of Destination, with the Contract Documents. E. Seller has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Seller has discovered -in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Seller. F. The Contract Documents are generally sufficient. to indicate and convey understanding of all terms and conditions for furnishing Goods and Special Services. Article 10. CONTRACT DOCUMENTS 10.01 Contents: A. The Contract Documents consist of the following: 1. ' Notice of Award 2. This Agreement 3. Seller's Bidding Documents — Exhibit A 4. Seller's City of Ukiah Business License 5. Recommended Spare Parts & Pricing 6. Performance Bond 7. Payment Bond 8. Insurance Certificate or other Evidence 9. Section 00700, General Conditions 10. Section 00900, Addenda No. 1 and 2 11. Sections of Divisions 1 through 16, Specifications as listed in the table of contents 12. The following which may be delivered or issued after the Effective Date of this Agreement and are not attached hereto a. Notice to Proceed b. Written Amendment(s) C. Change Order(s) d. Field Order(s) e. Engineer's Written Interpretation(s) B. The documents listed in 10.01.A are attached to this Agreement, except as expressly noted otherwise above. C. There are no Contract Documents other than those listed in Article 10. PROJECT NO. 01236-P4/ISSUED FOR 00520-4 AGREEMENT CONSTRUCTION D. The Contract Documents may only be amended or supplemented as provided in 1 Paragraph 3.04 of the General Conditions. 1 Article 11. MISCELLANEOUS 11.01 Defined Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions and Supplementary Conditions. 11.02 Successors. and Assigns A. Buyer and 'Seller each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 11.03 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Buyer and Seller. The Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. [THIS SPACE IS INTENTIONALLY LEFT BLANK.] ;I .i PROJECT NO. 01236-P4/ISSUED FOR CONSTRUCTION 00520-5 AGREEMENT IN WITNESS WHEREOF, Buyer and Seller have signed this Agreement in duplicate. One counterpart each has been delivered to Buyer and Seller. All portions of the Contract 1 Documents have been signed or identified by Buyer and Seller or on their behalf. 1 This Agreement will be effective onl®! Buyer: CITY OF UKIAH NO Attest: M a "i Address for giving notices: Seller: Ce,ri4✓4 ) Ele c ir; c %m^,"y Tac �V r• e►, Cd By: (C ORATE SEAL) Address for giving notices: CITY OF UKIAH Can -'✓a / E/ec,�r� c Ha.N✓ �ac ivr.MjC.e 5*.-„7$oo S. vS H w Y 5y (If Buyer is a corporation, attach evidence of (If Seller is a corporation or partnership, attach authority to sign. If Buyer is a public body, evidence of authority to sign.) attach evidence of authority to sign and resolution or other documents authorizing execution of the Buyer -Seller Agreement.) Designated Representative Name: Designated Representative Name: lio b Ma,.,c � harp f}:soc��f�i Title: Title: Address: Address: I o l u s f a+►G Va !I e y R�.i A l a.rn o GA 9* So 7 Phone: Phone: I— 92S- 8Z -a -8787 Fax: Fax: I- 9 2 3'- 8 io-S 803 Email: Email: PROJECT NO. 01236-P4/ISSUED FOR 00520-6 AGREEMENT CONSTRUCTION himAZZ March 1, 2010 City of Ukiah, CA % R.W. Beck, Inc. 131 Saundersville Road, Suite 300 Hendersonville, TN 37075 EXHIBIT A Attn: Mr. P. Anthony Hanson, P.E., Project Manager Tel: 1-615-431-3226 Email: ahanson@rwbeck.com Ref: Contract No. 01236-P4 City of Ukiah, CA Orchard Substation CEMCO Proposal No. 10-02-03-01 Dear Mr. Hanson, Thank you for sending your Request for Proposal to AZZ/Central Electric Manufacturing Company. In accordance with our interpretation of your plans and specifications, we are pleased to offer our proposal for the following equipment and services: ITEM 1. 15kV 2000A 750MVA Metal -Clad Switchgear and Control Building 'The equipment we propose to supply will be designed, constructed and tested in accordance with your inquiry and the documents, which you have provided. You will find additional attachments enclosed that supplement the information contained in our proposal. These include any information which you have specifically requested be included with our proposal and are identified at the end of this cover letter. With the exception of any comments contained in our proposal (or its attachments) that may be at variance with your requirements, our proposal is in strict accordance with your inquiry and specifications. Upon your receipt and review of this proposal, we request the opportunity to meet with you to discuss the merits of what we have offered and how we intend to meet your requirements. Please accept our invitation to visit AZZ/Central Electric's headquarters in Fulton, Missouri for a complete review of our engineering, manufacturing and testing capabilities. CENTRAL ELECTRIC MANUFACTURING COMPANY v✓ww azz.com 7900 U.S.Highway 54 4 Fulton, Missouri. 65251 0 573.642.6811 Phone 4 573.642.6844 Fax If you have any questions concerning this proposal or require further information, please contact your local AZZ/Central Electric authorized sales representative: Bob Marx Marx Associates, Inc. 1010 Stone Valley Road Alamo, CA 94507 Phone: 1 (925) 8208787 Fax: 1 (925) 820-5803 Email: bob(dDmarxassociates.com Sincerely, AZZ/CENTRAL ELECTRIC MANUFACTURING COMPANY S. S. (Dave) Gohil Sales Manager Attachments: Pricing Summary Bid Form Section 00410 Addendum One Acknowledgement Addendum Two Acknowledgement Certificate of Insurance Exception or Deviations Section 00435 Bid Submittal Checklist Section 00445 Bidder's Qualifications Form Section 00450 Non -Collusion Affidavit Section 00460 Preliminary Plan View Sketch c: Bob Marx, AZZ/Central Electric Sales Representative Joe Hollerbach, AZZ Regional Sales Manager Page 1 of 1 Stevenson, Adam From: Hanson, Anthony Sent: Friday, March 05, 2010 7:50 AM To: Stevenson, Adam Cc: Crawford, Valerie Subject: FW: Procurement Contract No. 01236-P4 for City of Ukiah Attachments: C8021pic-2B.jpg put with AZZ bid From; Dave Gohil [mailto:DaveGohil@azZ.com] Sent: Thursday, March 04, 2010 10:36 AM To: Hanson, Anthony Subject: Procurement Contract No. 01236-P4 for City of Ukiah ' Central Electric Proposal No. 10-02-03-01 City of Ukiah R,W Beck, Inc. j . 131 Saundersville Road, Suite 300 Hendersonville, TN 37075 Attn: Anthony Hanson Anthony,. Per my phone call this morning, we confirm the following: Section 00410-1, clause 2.02 Section 00520-2, clause 5.05 Central Electric Mfg. Co. understands the significance of meeting City's critical project schedule. We plan to accomplish on-time delivery by utilizing two shifts in our Fulton facility. We request that that liquidated damages be kept at 0.25% per week (which is approximately $4,200 per week) and a maximum of 2% of total contract. Please consider"this as our clarification. I have attached a photograph of large complex (128 ft long).we recently completed to illustrate our capabilities. Thank you. Dave Gohil AZZ/Central Electric Mfg. Co. 7900 US Highway 54 Fulton, MO 65251 573-592-1234 DaveGohi[OIAZZ.com 3/5/2010 PRICING SUM -MARY AZZ/CENTRAL ELECTRIC PROPOSAL NO. 10-02-03-01 item (qty Description Unit Price 1 1 15kV 2000A 750MVA Metal -Clad Switchgear and Control See Unit Bid Form Building Drawing and Delivery Times ` }Approval drawings can be mailed in 8-10 weeks after receipt of your written order and complete engineering 1 data. Shipment can be made within 24-26 weeks after receipt of your approved drawings at AZZ/CEMCO and released to manufacture. These estimates do not include the time required for your review and t approval of drawings. Please add the time anticipated for review and approval in order to obtain the total estimated project shipping time. Drawing and shipment times are based upon Engineering and Shop loading at time of proposal. Please obtain firm time commitments from AZZ/CEMCO at time of order I placement. CLARIFICATIONS: Our proposal scope terminates at the roof bushings located on the Main Cubicles. We do include one roof bus support structure for Main 101 incoming bus support, but all insulators, bus, and bus to roof bushing connections are by others. All bus from roof bushings to transformers including thel5kv disconnect switches shown on the site arrangement drawings are not included. The Current Transformers proposed for the Main Breaker Bus Side locations are rated at C200 as C400 are ` not possible to install on the breaker mounting bottles. The Line Side locations are rated at the specified C400, however, one set must be bus mounted (on insulators) and one set is breaker bottle mounted. Section 16993 Field Services. CEMCO proposes to perform as many of these services as possible in our factory prior to shipment. Final installation testing only will be performed at the site by our technicians. Section 3.03.A.5.b.5 Hipot of control leads after installation is not possible due to electronic relaying. All wiring is checked with full control voltage applied. Section 3.03.A.b.9.ii Application of full line voltage on PT circuits is not available in our factory or at site. p SECTION 00410 BID FO IM } PROCUREMENT CONTRACT NO. 01236-P4 l 15 -kV Metal -Clad Switchgear and Control Building Orchard Substation I City of Ukiah ARTICLE 1 - BID RECIPIENT 1.01 THIS BID IS SUBMITTED BY: A 7-Z l Ce- tjzO ERe cM cc), THIS BID IS SUBMITTED TO-- CITY 0: CITY OF UKIAH c/o R. W. Beck, Inc. 131 Saundersville Road, Suite 300 Hendersonville, TN 37075 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Buyer in the form included in the Bidding Documents to furnish all Goods and Special Services as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2 - BIDDER'S ACKNOWLEDGMENTS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Buyer. 2.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to furnish the Goods and Special Services in accordance with the schedule set forth in the Agreement. 2.03 Bidder accepts the provisions of the Agreement as to the assignment of the Contract for furnishing Goods and Special Services. 2.04 Bidder accepts the provisions of the Agreement for obtaining and maintaining a City of Ukiah Business License for the duration of the Contract. II i PROJECT NO. 01236-P4/ISSUED FOR PID 00410-1 BID FORM :J ARTICLE 3 - BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Purchase Agreement, that: A. Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): l ADDENDUM NUMBER DATE l 2-11-2 k0 2 2- 25_2010 B. If specified, or if in Bidder's judgment, any local condition may affect cost, progress or the furnishing of Goods, Bidder has visited the Point of Destination and become familiar with and is satisfied as to the local conditions that may affect cost, progress, or the fiirnishing of Goods. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and the furnishing of Goods. D. Bidder has carefully studied and correlated. the information known to Bidder, and information and observations obtained fiom Bidder's visits, if any, to the Point of i Destination with the Bidding Documents. I E. Bidder has given Buyer written notice of all conflicts; errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Buyer is acceptable to Bidder. F. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for furnishing the Goods for which this Bid is submitted. G. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from•bidding;.and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Buyer_ PROJECT NO. 01236-P4/ISSUED FORBID 00410-2 BID FORM SUBMITTED ON M a-lr- h 1 f 2014. If Bidder is: An individual n_. uy (Individual's Name) doing; business as Business Address Telephone No. A Partnership By (Firm Name) Business Address Telephone No A Corporation By_ �PM�h0.Q �eC�9tic � C0 -- (Corporation Name) N(iS5Al.L3.1 (State of Incorporation) By 5 S (.h Gyve) Coca 1is,Q (Name of Person Authorized to Sign) SaQeS Mam�c�en -- (Title) (Corporate Seal) R iM Ids Attest Q (Secretary) Business Address 6 p 119 4 a r A 1ti W m 11 Telephone No. - G S1 I A Joint Venture US (Name) (Address) (Name) (Address) (Address and telephone number for official communications) 7 (Each joust venturer must sign. The manner of signing for each individual, partnership and corporation that isa. party to tine joint venture should be in the manner indicated above). END OF SECTION y PROJECT NO. 0 1 236-P4/ISSUED FOR BID 00410-6 BID FORM I , I I , I ,. l SECTION 00900 ADDENDUM NO. 1 PROCUREMENT CONTRACT NO. 01236-P4 15 -kV Metal -Clad Switchgear and Control Building Orchard Substation City of Ukiah NOTICE is hereby given that the Contract Documents are modified as follows. Changes on replacement pages are identified by bold italic text for additions and st*eefor deletion. Delete the following Pages: Add the following Pages: 16350-28 16350-28(1) Delete the following Drawings: N/A Issued by: R. W. BECK, INC. P. Anthony Hanson, P.E. Senior Project Manager Issue Date: February 17, 2010 Add the following Drawings: N/A ? 1 � *f;, E-lc641 1 Zv 3� a� PROJECT NO. 01236-P4/ISSUED FOR BID 00900-1 ADDENDUM NO. 1 SECTION 00900 ADDENDUM NO.2 PROCUREMENT CONTRACT NO. 01236-P4 15 -kV Metal -Clad Switchgear and Control Building Orchard Substation City of Ukiah NOTICE is hereby given that the Contract Documents are modified as follows. Changes on replacement pages are identified by bold italic text for additions and str-ikeo. for deletion. Delete the following Pages: Add the following Pages: 00410-3 00410-3(2) 00510-1 00510-1(2) 00520-2 00520-2(2) Delete the following Drawings: 1236-705.0 Issued by: R. W. BECK, INC. P. Anthony Hanson, P.E. Senior Project Manager Issue Date: February 25, 2010 Add the following Drawings: 1236-705.1 �� Essta� �f ���� V•^,E-iib;? x� PROJECT NO. 01236-P4/ISSUED FOR BID' 00900-2 ADDENDUM NO.2 n...-.. m i 1c AC M,,, CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 2/27/2004 PRODUCER Hub International Rigg 777 Main Street, Suite C -5o THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE: AFFORDED BY THE POLICIES BELOW. MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES Fort Worth TX 76102 (817) 820-8100 (817) 870-0310 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Nautilus Insurance Company 17370 INSURER B: Sentry Insurance Company 11000 Central Electric Manufacturing Cc INSURER C: ?-Xis Surplus Insurance Cc 26620 AGE TO RENT $ 150,000 INSURER O: Liberty Mutual Fire Ins Co 23043 7900 D8 Highway 54 S. Fulton MO 65251 INSURER E: COVERAGES ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' POLICY EFFECTIVE POLICY EXPIRATION POLICY NUMBER MMIDDIY DATE M D LIMITS NSRD TYPE OF INSURANCE! EACH OCCURRENCE $ 1,000,000 GENERAL LIABILITY AGE TO RENT $ 150,000 COMMERCIAL GENERAL LIABILITY BKO010305-5 3/1/2009 3/1/2010 PREMISES Ea ccurence CLAIMS MADE � OCCUR Blanket Addl Ins' d 9, MED EXP (Any one Person) $ Contractual Liab Waiver per contract PERSONAL 8. ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $ 2,000,000 'LAGGREGATE LIMIT APPLIES PER: J'AUTOMOIBILE POLICY X C'f LOC LIABILITY COMBINED SINGLE LIMIT $ lEaaardent) 1,000,000 ANY AUTO 90-05719-05 3/1/2009 3/1/2010 ALL OWNEDAUTOS Blanket Addl Ins'd & BODILY INJURY $ (Perperson) - SCHEOULEDAUTOS Waiver per contract X HIREDAUTOS BODILYINJURY $ (Per ec ident) X NON-OMEDAUTOS PROPERTYDAMAGE $ (Per accidenl) AUTO ONLY -EAACCIDENT $ GARAGE LIABILITY OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EACH OCCURRENCE $ 15,000,000 EXCESSIUMBRELLA LIABILITY AGGREGATE $ 15,000,000 MADE 5XI EAU731754/01/2009 3/1/2009 3/1/2010 $ C OCCUR CLAIMS Follow Form DEDUCTIBLE X RETENT ION $ 10, 000 WORKERS COMPENSATION AND 90-05719-07 3/1/2009 3/1/2010 VVC STATU- OTH- X ITORYLIMM S EMPLOYERS'LIABILIT'Y Waiver per Contract E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 ANY PROPRIETORIPARTNERIEXECUTIVE OFRCERJMEMBER EXCLUDED? E.L. DISEASE -POLICY LIMIT $ 1,000,000 If yes. desaibe under SPECIAL PROVISIONS below OTHER Property including YU2L9L433152018 3/1/2009 3/1/2010 Pxop etyRealand Personal D $1,000,000 Transit "All Risk" Coverage Rented or Leased Equipment: $5,200,000 Limit any one item DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS C:tK lil-IC:A TO WHOM IT MAY CONCERN ACORD 25 (200110U) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE (5) A( -ORD CORPORATION 1988 Page l of 2 2/27/2009 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 4CORD 25 (2001/08) page 2 of 2 SECTION 00435 PROPOSED EXCEPTIONS OR DEVIATIONS PROCUREMENT CONTRACT NO. 01236-P4 I5 -kV Metal -Clad Switchgear and Control Building Orchard Substation City of Ukiah PROPOSED EXCEPTIONS AND DEVIATIONS MAY ONLY BE SUBMITTED ON THIS .FORM AND MAY BE ACCEPTED OR REJECTED UNILATERALLY BY BUYER, IN ITS SOLE DISCRETION. Each exception and deviation proposed (excluding Priced Options specified in the Bid Foran) must be summarized and additively or deductively priced below with specific details attached in accordance with the instructions below. The summary niust include a reference to the Section(s) of the Bidding Documents affected by the proposed exception.. Bids that do not comply with these requirements for the presentahoi n.of exceptions i%iay be considered non responsive and may be rejected at the discretion of Buyer. SUMMARY: Description Price Adjustment Amount (Indicate deductions in parentheses) C_I bus Side of MaM " a-Ke"CX'Le ndpased Nis P,zice G�,ew, e 0-100 A5 C4ao tioes Mal. 'i� C-05 O -A Imeo '-ct OF bAP_QI<ehS GL�ce �ppOSeo� as PROJECT NO. 01236-P4/ISSUED FOR BID 004:3)-1 PROPOSED EXCEPTIONS OR DEVIATIONS Aj Description PriceAm�Iountnent (Indicate deductions in parentheses) Presentation of Specific Details of Exceptions and Deviations 1. Describe specific details of exceptions and deviations by referencing the applicable page number, section number, and section title from the Bidding Documents. Include this information directly in "Description column of table above " and/or include a separate attachment referencing it in the Description" column. 2_ Present proposed deletions by setting off in brackets, thus: [delete this language], and present proposed substitute or new language by underlining, thus: substitute this Ianguaae. 3. Exceptions which are general, which make reference to Seller's standard terms and conditions, or which make reference to Seller's descriptive infonnation as a whole are not acceptable. 4. Each exception or deviation is to be separately priced. Zero may be used. END OF SECTION PROJECT NO.01236-MISSUED FOR BID 00435-2 PROPOSED EXCEPTIONS OR DEVIATIONS SECTION 00445 I BID SUBMITTAL CHECKLIST PROCUREMENT CONTRACT NO. 01236-P4 15 -kV Metal -Clad Switchgear and Control Building Orchard Substation City of Ukiah Bidder confirms that the following documents are fully completed, included in and made a part of its Bid. JZ] Section 00410 - Bid Form. Evidence of ability to meet insurance requirements of the General Conditions Section 00435 - Proposed Exceptions Or Deviations ® Section 00445 - Bid Submittal Checklist Section 00450 - Bidder's Qualifications Form Section 00460 - Non -Collusion Affidavit ® The BIDDER shall- furnish with its Proposal. a bill of materials that shall be complete and include material descriptions, quantities, weights, manufacturer naines, and catalog types. The bill of materials shall be submitted for the Buyer's analysis of bids only and shall not become part of the bound Contract Documents; A general panel and building layout showing. the size, shape and location of the equipment; Ser, ct4o�Q"c( RGyo0 - Gkc—M9 5FJQ4-5 , c,:>e%5M &, ra ha RE o1P pms�om5 �j Type and Manufacturer of control building: CO.m1--A MeelA+c M f 3 • Co ❑ Identify any Attachments below submitted by Bidder that are to be made part of its Bid. (list items below or indicate "None") The original and 1 complete copy (marked "Duplicate") of the above has been submitted to the Buyer in accordance with Section 00200. CO Confirmed by Bidder ' r END OF SECTION PROJECT NO- 01236-P4/ISSUED FOR BID 00445-1 BID SUBMITTAL CHECKLIST SECTION 00450 BIDDER'S QUALIFICATIONS FORM PROCUREMENT CONTRACT NO. 01236-P4 15 -kV Metal -Clad Switchgear and Control Building Orchard Substation City of Ukiah The following manufacturers are proposed to be employed to famish components of the Goods: Percent of Name Address Type of Components Total Cost of Goods The following statements of experience, personnel, equipment and general qualifications of the Bidder are submitted as part of the Bid and the Bidder represents and guarantees the truthfulness and accuracy thereof l . Bidder has been in business continuously from the year 19 2. Bidder has had experience in manufacturing equipment comparable to that required by the Contract Documents as a prime manufacturer for 30 years, as a component manufacturer for N/A years, or as an equipment supplier for 14M__years. PROJECT NO. 01236-P4/ISSUED FOR BID 00450-1 BIDDER'S QUALIFICATIONS FORM I Following is a partial list of the equipment Bidder has manufactured which is similar in character and in magnitude to that required by the Contract Documents: Each Bidder shall submit evidence that the Bidder maintains and has readily available trained service personnel who are thoroughly familiar, in detail, with all of the equipment to be furnished and capable of directing any major or minor repair work which may be required on the . equipment. Each Bidder shall also submit locations of trained service personnel and suitable shop facilities nearest the Project site, capable of repair or replacement of any part of the equipment to be fumished. if the service personnel or shop facilities maintained hereunder are not owned by the Bidder or the original manufacturer, and are to be maintained by Purchase Order Agreement, the Bidder shall submit evidence that the proposed service personnel and shop facilities have had experience in the repair of comparable equipment over a period of time to insure the dependability of their work. END OF SECTION i l PROJECT NO. 0 1236-MISSUED FOR BID 00450-2 BIDDER'S QUALIFICATIONS FORM dame Location Contract Amount Year pQ�ose Sec aE-v�cheo> Use�'e l.ts F Each Bidder shall submit evidence that the Bidder maintains and has readily available trained service personnel who are thoroughly familiar, in detail, with all of the equipment to be furnished and capable of directing any major or minor repair work which may be required on the . equipment. Each Bidder shall also submit locations of trained service personnel and suitable shop facilities nearest the Project site, capable of repair or replacement of any part of the equipment to be fumished. if the service personnel or shop facilities maintained hereunder are not owned by the Bidder or the original manufacturer, and are to be maintained by Purchase Order Agreement, the Bidder shall submit evidence that the proposed service personnel and shop facilities have had experience in the repair of comparable equipment over a period of time to insure the dependability of their work. END OF SECTION i l PROJECT NO. 0 1236-MISSUED FOR BID 00450-2 BIDDER'S QUALIFICATIONS FORM Investor -Owned Utility Name Qty Equipment Description Ameren (LI.E.) 1 15KV, 2,OOOA, 500MVA PowerAisle Metal- P.O. Box 149 Clad Assembly & Bus Duct St. Louis, MO 63166 4 15KV, 2,OOOA, 1,500MVA PowerAisle Metal -Clad Assemblies 2 15KV, 2,000A, Indoor Metal -Clad Assemblies & Bus Duct 11 15KV, 2,000A, PowerAisle Metal -Clad Assemblies & Bus Duct 2 5KV, 3,OOOA, PowerAisle. Metal -Clad Assemblies & Bus Duct 3 5KV, 3,OOOA, Indoor Metal -Clad Assemblies & Bus Duct 6 15KV, 2,OOOA, PowerAisle Metal -Clad Assemblies & Bus Duct 1 15KV, 3,000A, PowerAisle Metal -Clad Assembly & Bus Duct 1 Trailer Mounted 15KV 3,000A Metal -Clad Switchgear Assembly 2 15KV Non -Segregated Bus Ducts 1 15KV 2,000A Transformer Enclosure Bus Modification 3 15KV, 2,OOOA PowerAisle Metal -Clad Switchgear Assemblies 2 Switchgear and Bus Duct Modification 1 Transformer to Switchgear Bus Duct 4 15KV 2,000A PowerAisle Metal -Clad Assemblies Charles Balsarottl 2 15KV, 3,000A, PowerAisle Metal -Clad Supervising Engineer 1 Assemblies with Bus Duct Trailer Mounted 15KV, 3,OOOA Metal -Clad (314) 554-2193 Switchgear Assembly Aquila Inc 7 15KV, 1,200A, 500MVA, 1 -High Aisleless 20 West 9th Street Assembly Kansas City MO 64199 Mark Perila 816 737-7787 Central Hudson Gas & Electric 1 15KV, 2,000A, 500MVA, PowerAisle 284 South Avenue Metal -Clad Switchgear Assembly Poughkeepsie, NY 12601-4879 Huynh H. Nguyen (914) 486-5259 CENTRAL ELECTRIC MANUFACTURING COMPANY www:azz.com 7900 U.S.Highway 54 a Fulton, Missouri 65251 0 573.642.6811 Phone o 573.642.6844 Fax Investor Owned Utilities Page 2 of 4 3/1/2010 Investor -Owned Utility Name Q 6 Equipment Descri tion Skid Mounted Substations, 38kv to 5kv 1 Conectiv Power Delivery . I New Castle Regional Office 401 Eagle Run Road Newark, DE 19714-9239 John Daisey 302) 454-5153 1 25KV, 1,200A, Control Center with Radial Duquesne Light Company P.O. Box 1930 Pittsburgh, PA 15230-1930 1 Bus 25KV, 1,200A, Control Center with Ring Bus r 1 25KV Control Center with Radial Bus Bob Stojanovic (412) 393-8382 First Energy 6 15KV, 2,000A, PowerAisle Metal -Clad (Formerly GPU Energy) 3 Switchgear Assemblies 15KV, 2,OOOA, PowerAisle Metal -Clad P.O. Box 16001 Reading, PA 19640-0001 Switchgear and Bus Duct 1 15KV, 48VDC, 3,000A, Outdoor Commonaisle Switchgear Assembly 1 15KV, 2,000A, Indoor Metal -Clad Switchgear Match and Lineup Chris Malinowski (610) 921-6336 Holden Light Dept 1 15kv, 200015KV, 2,000A, PowerAisle One Holden Street Metal -Clad Switchgear Assemblies Holden, MA 01520 Michael Flagg (508) 829-0278 Indianapolis Power & Light Company 2 15KV, 3,OOOA, PowerAisle Metal -Clad 1101 River Road Switchgear Lineups and Bus Duct Indianapolis, IN 46221 1 15KV, 3,OOOA, 500MVA, PowerAisle Metal -Clad Lineup and Bus Duct 2 15KV, 3,OOOA, 500MVA, PowerAisle Metal -Clad Lineup and Bus Duct 3 15KV 1200A PowerAisle Assembly and Bus Duct i l Doug Paule 317 261-8652 Kansas City Power & Light Company 2 15KV, 2,000A, 1 -High, PowerAisle Metal - 4400 East Front Street 1 Clad Assemblies 5KV, 3,OOOA, 2 -High, Indoor, Metal -Clad Kansas City, MO 64141 Assembly 3 15KV, 2,OOOA, PowerAisle Assemblies 4 w/RTU 15KV, 2,OOOA, PowerAisle Assemblies 4 without RTU 15KV, 2,OOOA, PowerAisle Assemblies 3 with RTU 15KV, 2,000A, PowerAisle Assemblies l Tim Hinken 816 245-3782 without RTU Investor Owned Utilities Page 2 of 4 3/1/2010 Investor Owned Utilities Page 3 of 3/1/2010 Investor -Owned Utili Name Qty 5 Equipment Descri tion 15KV, 2,OOOA, PowerAisle, Metal -Clad Keyspan Energy 175 East Old County Road Switchgear Assemblies Hicksville, NY 11801 1 15KV, 1,200A, 500MVA Outdoor, Aisle - less Metal Clad Assembly 7 15KV, 2,000A, PowerAisle, Metal -Clad Assemblies 2 15KV, 2,OOOA, Metal -Clad Match and Lineup Cubicles 3 15KV, 2,OOOA, PowerAisle, Metal -Clad Switchgear Assemblies 2 15KV, 2,OOOA, 500MVA, PowerAisle Metal -Clad Assemblies 4 5KV, 1,200A, 350MVA, Outdoor Aisleless Switchgear Assemblies 13 15KV, 2,000A, 500MVA, PowerAisle Switchgear Assemblies . 2 15KV, 2,OOOA, 500MVA, PowerAisle James Stephenson (516)545-4906 Memphis Light Gas &Water 2 27KV, 2,OOOA, 500MVA Outdoor, Metal- P.O. Box 430 1 Clad Complexes 15KV, 3,OOOA, PowerAisle Metal -Clad 220 South Main St. Memphis, TN 38101 Switchgear Assembly and Bus Duct Runs Steve Brown 901 528-4281 MidAmerican Energy 1 15KV, 1,200A, 500MVA, 1 -High Aisleless 106 East Second Street Davenport, IA 52801 7 Assembly 15KV, 2,OOOA, 5001VIVA, 1 -High PowerAisle Assemblies 3 15KV, 2,000A, PowerAisle Assemblies 2 15KV, 2,OOOA, PowerAisle Assemblies with Work Area 1 15KV, 2,OOOA, Indoor Metal -Clad Match and Lineup Assembly 3 15KV, 2,OOOA, PowerAisle Assemblies 3 15KV, 2,000A, PowerAisle Assemblies with Work Areas 7 15KV, 3,OOOA, PowerAisle Metal -Clad Switchgear Assemblies Doug Thomer (563)333-8322 NSTAR Electric & Gas Corp. 1 15KV, 3,OOOA. 750MVA Metal -Clad PO Box 250 Switchgear in Control Building Norwood, MA 02062-0250 10 15KV, 3,OOOA, 1 OOOMVA 2-H Outdoor Poweraisle Swapan Dey Director of Substation Engineering 781-441-8351 Investor Owned Utilities Page 3 of 3/1/2010 Investor -Owned Utility Name QtV Equipment Descri tion Orange and. Rockland Utilities, Inc. 1 15KV, 2,000A, 500MVA, 1 -High, One Blue Hill Plaza PowerAisle Metal -Clad Switchgear Pearl River, NY 10965 4 15KV, 2,OOOA, 500MVA, PowerAisle Assemblies 2 15KV, 3,OOOA, PowerAisle Assemblies and Associated 15KV & 34.5 KV Bus Duct 1 15KV, 2,OOOA, PowerAisle Assembly John Coffey - 845-577-3704 Orlando Utilities Commission 6 15KV, 2,000A, 500MVA, PowerAisle 500 South Orange Avenue Switchgear Lineups and Bus Duct Orlando, FL 32802 1 27KV, 1,200A, 750MVA, Indoor Metal - Clad Switchgear 1 27KV, 1,200A, indoor, Stainless Steel Bus Duct 1 15KV, 1,200A. Metal -Enclosed Bus Duct and Transition Cabinet 5 15KV, 2,OOOA PowerAisle Switchgear Assemblies with 15KV, 2,000A Bus Duct 1 27KV, 1,200A PowerAisle Switchgear Assembly with 27KV, 1,200A Bus Duct Ron Toporek (407) 384-4180 Portland General Electric 2 15KV, 2,000A, 750MVA, 1 -High 11 SW Salmon Street PowerAisle Assemblies Portland, OR 97204 1 15KV, 2,OOOA, 1,000MVA, 1 -High PowerAisle Assembly 1 15KV, 2,000A PowerAisle Assembly Bharat Naik 503 464-8028 Public Service of New Mexico 10 15KV, 2,OOOA PowerAisle Metal -Clad Alvarado Square Albuquerque, NM 87158 3 Assemblies 15KV, 3,000A PowerAisle Metal -Clad Assemblies 1 15KV, 2,OOOA, 500MVA Metal -Clad Switchgear Add -On 3 15KV, 2,OOOA PowerAisle Metal -Clad Assemblies 4 15KV, 2,000A PowerAisle Metal -Clad Assemblies Bob Perlickek 505 848-4897 Village of Freeport 1 15KV, 3500A, 1000MVA Commonaisle G.F.S. LLC 1 15kV, 95kV BIL, 3000A, 60 HZ, Outdoor 64-01 Fresh Meadow Lane Metal -Clad Switchgear with 9 ft. center Fresh Meadows, NY 11365 aisle. Ron Si ur (718) 961-6634 6 15KV, 3,OOOA Indoor Metal -Clad Xcel Energy Technical Service Building Switchgear in Control Building 550 15th Street, Suite 600 Denver, CO 80202-4256 Charlaine Douden 303 571-7555 investor owned Utilities Page 4 of 4 3/1/2010 T, ►' 4 depose and ung SECTION 00460 NONCOLLUSION AFFIDAVIT G'ra ?%- C--' - penalty of perjuiy say that the following is true: being duly sworn 1. I am the person responsible within my firm for the final decision as to the price(s) and amount of this Bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on the behalf of my firm. 2. The price(s) and amount of this Bid have been arrived at independently, without collusion, consultation, communication, or agreement for the purpose of restricting corripetition with any other contractor, competitor, Bidder, or potential Bidder. 3. Unless otherwise required by law, neither the price(s) nor the amount of this Bid have been disclosed to any other firm or person who is a Bidder, competitor, or potential Bidder on this Project, and will not be so disclosed either directly or indirectly prior to Bid opening. 4. No attempt has been made or will be made to solicit, cause, or induce any firm, partnership, corporation, or f1 person to submit or not submit a Bid on this Project, or to submit a Bid higher than the Bid of this firm, or submit an intentionally high or noncompetitive Bid or other fora, of complementary Bid, or for the purpose of restricting competition. 5.. The Bid of my firm is made in good faith and notpursuarit to any agreement or discussion with, or: inducement from, any firm or person to submit a complementary Bid. 6. My firm has not offered or entered into a subcontracting agreement regarding the purchase of materials or services fi•om any firm or person, or offered, promised, or' paid cash or anything of value to any firm or person, whether in connection with this or any other Project, in consideration for an agreement or promise by any firm or person to refrain from proposing or to submit a complementary Bid on the Project. 7. My firm has not accepted nor been promised any subcontract or agreement regarding the sale of materials or set -vices to any firm or person, and has not been promised or paid cash or anything of value to any firm or person, whether in connection with this or any other Project, in consideration for my firm's submitting a complementary Bid or agreeing to do so, on this Project. 8. 1 have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval, or submission of my firm's Bid on this Project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act, or other conduct inconsistent with any of the statements and representations made in this affidavit. Attest: t� /� r' / 1 L Sworn to me this S% day of 1 1..�/✓Y�TVu( �I�GTYrc �Q�rty�-7y✓'�X� CU, Company Name 0 a e ev .. — "+++'rr"' RICHARD 0 LUECKENOTTE Signature and Company Position S.r E o,, .Hare j• :Notary Public, State of Missour * *' Callaway , ,: ay County le,,, E4� � e e r_ By; .,,�%, �� Commission # 07008368 �,-.- rrnn+ Y omm ss an Expires Febmory 12, 2011 Type Nafne Company Position Date: 3 1 r� 2-01 D PROJECT NO. 01236-P4/ISSUED FOR BID 00460-1 NONCOLLUSION AFFIDAVIT r k= Welcome to the City of Ukiah's Business Community If you are a business owner for the first time, the following information may be helpful and answer some of the most frequently asked questions about starting a business. Fictitious Business Name Filing: This process is completed through the Mendocino County offices located at 501 Low Gap Rd. Questions regarding filing need to be directed to the County Clerk Recorder at (707) 463 - 4370. Resale Number: This number may be required for purchasing supplies from a wholesaler. To verify if your business needs a resale number, you may obtain additional information from the State Board of Equalization at 1-800-400-7115. The nearest office is located in Santa Rosa. Health Permit: If you are marketing a food item, a health permit is required. You may obtain these permits through the Mendocino County Environmental Health Department, 501 Low Gap Rd., Ukiah - or call (707) 463-4466. A CITY OF UKIAH BUSINESS LICENSE WILL NOT BE ISSUED UNTIL A COPY OF THE HEALTH PERMIT IS RECEIVED IN OUR OFFICE. (Pursuant to City of Ukiah Municipal Code Sections 2600 and 2602). Field Inspection and Application Processing Fees: It may be necessary for the location of your business to undergo an inspection/investigation by our Planning Dept., Building Inspector and Fire Marshall. An Application Processing Fee, in addition to the business license tax, of $40.00 is collected at the time of application. If your business does not require a field inspection the application processing fee is $10.00. The annual renewal administration fee is $5.00 in addition to the Business License Tax (Municipal Code Section 2130.G). Business License Tax: For most businesses the Business License Tax is based on gross receipts for one calendar year and the type of business you are operating. Gross Receipts include the total amount of sale, service or transaction. Exclusions include: 1). Cash discounts taken on sales; 2). Sales or Use Tax paid by purchaser; 3). Refunds of cash on credit; 4). Amounts collected for others as agent or trustee, to the extent paid to the person for whom collected; 5). Amounts paid by contractors to sub- contractors, provided: a). The sub -contractors are licensed, and b). Name, address, and amount of payment is furnished to the Director of Finance (Municipal Code Section 2102). Downtown Improvement District: If your business is located within the downtown improvement district, there is an additional fee that is collected by the City of Ukiah with your business license fee. This fee is used by the Main St. Program for decoration of public areas; promotion of events and promotion of businesses. The Downtown Improvement District fee is equal to your business license tax, however the DID fee shall not exceed $250.00 (business license fees do not have a maximum). You may call Main St. Program at (707) 463-1045 for further information regarding the use of these funds or their meeting schedules. Federal and State Identification numbers: All new businesses employing one or more persons must apply for a State Employer's Identification number by contacting The State 's Employment Development Department at 1-888-745-3886 or visiting their website at http://www.edd.ca.eov/, you may also need a Federal Identification number ifyou are employing one or more persons, and you may contact the IRS Business Tax line at 1-800-829-1040 or visit their website at www.irs.gov. Chamber of Commerce: The Ukiah Chamber of Commerce is located at the Ukiah Conference Center, ';00 S. School St. You may call (707) 462-4705 for membership information. For further questions regarding Business Licenses, please call (707) 463 - 6202 and ask for Kathy. til City of Ukiah 300 Seminary Ave Ukiah, CA 95482 j Fax(707)463-6204 CITY OF UKIAH APPLICATION FOR BUSINESS LICENSE For Office Use Only, Business License Number i✓ 15 Status, A Classifrcat or9.:^ _ 1 U ! Category: V' vC 2 i Business Name It47—C f-�'►: f -: plc. Mn�v�lr/i usiness one: -577.7 In Care of/Name of Owner Type of Business: • A J�-C'17V0 - Legal Status: (check one) _Sole Proprietor; _Partner; `Corporation Business Location: 7q % !1S ;fziG�! `f hki-7`62✓ /fid 2 Street Address City State Zip Mailing Address (if different): dolp SS # or Fed ID #: �13-4>7.&50 State Contractor Lie. # or Pesticide Applicator's #: State Resale 10/UO L10 7 State ID # or Ca Drivers License #: Manager's Name, Address and Phone # 7! GG &,5' %rte y 5`f � ti 6 SoZS% Owner/Emergency Contact Information: P8,01-JC-a,�� -AXy 5� / BSG z2 Contract Amount or Estimated Gross Receipts for One year: (Gross Receipts inetude the total amount of sale, service or transaction. Exclusions on cover) Number of Copies needed of Certificate: I Average Number of Employees: Please Read Before Signing Affidavit of Applicant I hereby certify, under penalty of perjury, that the foregoing statements contained in this application are true and correct to the best of my knowledge and belief.. I understand that the issuing of Business License Certificate indicates registration and payment of business license tax as required by the City of Ukiah Municipal Code and all amendments thereto. Issuance of a license is not an endorsement, nor certification of compliance with other ordinances or laws. Business License maybe subject to revocation or citation pending field inspection compliance with Planning, Building and Fire Departments. Date and Signed at 1 ar, E. il—", This i / Day of ,% tiN �- , 20-Z4z— Sti;nature of Applicant. Print Name andTitle TiPLG Do Not Write in This Area - For Office Use Onliv Amount Collected Application Processing (No field inspection required with Planning Approval): cil 0.0.0 ./,//00. Field Inspection Administrative Fee (Building and Fire Inspection. Required): $40.00 Business License Tax (fee based on annual gross receipts - see attaP,45.1 Vu10: Downtown lmprovement District Fee (businesses located in DI9D*I' 7 2010 TOTAL COLLECTED: CITY OF UWAH OPERATION: All licenses for gross receipt businesses are considered annual for the calendar year from January I st through December 31 st. Renewal notices are sent from our offices during the latter part of December for reporting gross receipts for that calendar year. Once your fee is calculated, a statement will be issued. License fees are considered delinquent if not paid by March 1 st. All licenses are subject to a 10% delinquent penalty per month of delinquency past March 1 st. Penalties shall not exceed 100% of the original license fee amount. Flat rate licenses are expected to be paid at the time of application due to the various periods of issuance (Municipal Code Section 2100 et seq.) FLAT RATE BUSINESSES: The following types of businesses are generally measured by a flat rate, rather than by gross receipts: Business Type Circus or similar show Magazine or periodical salesman Dance, Race, Lecture Exhibition Hand Bill Distributor Tobacco Retailer License Fee LicensingPeriod $100.00 Per Day $30.00 Per Month $30.00 Per Month $30.00 Per Year $35.50 Per Year GROSS RECEIPTS BUSINESSES: (These are just some of the examples, the type of business you are operating may not be on this sheet) Accounting F Clothing Whsl D Furniture Rtl E Osteopath H Advertising F Consultants H Gardening Service F Parade Vendor K Airplane Rtl C Contractor G Garden Supplies E Parking Lot F Ambulance Service F Convalescent Hosp E Gas Stations C Photography Studio F Answering Service D Dairy Retail D Genl Merchandise Rtl E Physical Therapist H Appliance Retail C Dance K Genl Merchandise Whls D Public Relations F Appraisers F Dental Lab/Asst F Gift Shop F Races K Arcade (Machine) L Dentist H Grocery Store B Radio Stations F Architectural Svcs F Developers H Group Stores Rtl E Radio Sales Rd D Attorney H Doctor H Handy Man F Real Estate F Auto Repair F Door to Door Sales J Hearing Aid Rpr/Sls D Records Rtl D Barber Shop D Drafting F Hospital D Refuse Systems F Beauty Shop D Dress Shop Rtl E Hotel F Restaurants E Bicycle Sales Rtl C Drugs Rtl D Janitorial Svcs F Sporting Goods Rtl E Bingo E Drugs Whls C Jewelry Repair F Sporting Goods Whls D Bookkeeping F Dry Cleaners B Laboratories H Stationary Rtl E Book Store Rtl D Electric Supplies C Laundries B Stores Retail D Bowling Alley F Educational Services H Lecture K Sub -Contractors G Building Material E Engineering F Linen Svc/Supply C Surgeon H Bus Machine Sales F Equipment Rental F Lumber Rtl E T.V. Repair F Cable T.V. F Exhibition K Management F T.V. Sales Rtl E Camera Store Rtl D Farm/Grdn Supply Rtl E Milk Dealer B Technicians H Car Rental F Farm Equipment Rtl D Motel F Therapist H Car Sales New/Used D Floor Covering Sales C Nursery E Travel Agency F Car Washes F Florist Retail C Nurses Registry F Upholstery Auto/Furn D Carpet Sales Rtl C Florist Wholesale D Nursing Home E Vending Mach Sales D Chiropractor H Food Stores B Office Supply Rtl C Veterinarian H Circus K Fuel (Not Oil) Rtl D Optician H Video Tape Sales E Clothing Rtl E Funeral Home F Optometrist H Wallpaper Rtl E CALCULATION OF RATE BASED ON GROSS RECEIPTS: The Business License Fee is calculated by dividing your reported gross receipts by $1,000.00 and multiplying by the rate listed below for the category appropriate for your business type. There is a minimum fee for each category. The gross receipts you report should be the same figure reported to the Internal Revenue Service. The Finance Director reserves the right to periodically audit your reported gross receipts (Municipal Code Section 2133). Example: If your new business is a retail gift shop, with a category of "E" and you expect that your annual gross receipts will be $65,000, your business license fee is: $65,000 divided by $1,000 = 65 x $ .35 = $22.75. CATEGORY RATE MINIMUM CATEGORY RATE MINIMUM A $.10 $20.00 E $.35 $20.00 B $.20 $20.00 F $.40 $20.00 C . $.25 $20.00 G $.25. $40.00 D $.30 $20.00 H $.75 $40.00 Welcome to the City of Ukiah Business Community City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 (707) 463-6202 Dear Valued Customer, The issuance of the City of Ukiah Business License Certificate does not authorize you To operate your business until the Planning Department Fire Marshal and Building Inspector have approved the building for use at your desired location. Through this application process, if an inspection is required, you will be contacted by the Building Inspector and Fire Marshal to have your location inspected within the next 4 weeks. Additional permits and related charges may apply. (C of U Municipal Code, § 2112, 2113 and § 2114.) Thank you City of Ukiah Business License Proof of Application Business License #: Name of Business Date Application Processed: Business License Fee Paid $ Processed by: t z„ City of Ukiah Business Emergency Contact Form 2 3 �V. City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 a. g (707) 463-6202 Situations such as open doors or windows, vandalism, and burglaries often occur and are discovered after usual business hours. In these instances the Ukiah Police Department would need the business owner or an employee to respond to assist with securing the building and contributing necessary information for report purposes. Situations such as odor or smoke where a business may be jeopardized, the Ukiah Fire Department would need to reach someone from the Business Emergency Contact Form for the business to obtain essential information. The purpose for providing this information to the Ukiah Police and Fire Department is to assist our public safety agencies in locating business owners or responsible employees when and if a problem arises. Please complete and return this Business Emergency Contact Form. Phone In an emergency, contact persons in this order: Name Phone Misc..Information: Check appropriate boxes below: Alarm Svstem O Yes O No Alarm Audible O Yes O No �. Alarm Noos . '1 O Burglar O Hold Up O Panic O Fire NOTE: All this information is confidential and stored at our dispatch center. This information is not accessible to anyone other than our public safety employees and is used for emergency purposes only. 1 SECTION 00611 PERFORMANCE BOND FOR PROCUREMENT CONTRACTS Any singular reference to Seller, Surety, Buyer or other party shall be considered plural where applicable. SELLER (Name and Address): SURETY (Name and Address of Principal Place AZZ/Central Electric Manufacturing Company of Business): 7900 US Highway 54 South Travelers Casualty and Surety Company of America Fulton, MO 65251 One Tower Square 313B BUYER (Name and Address): Hartford, CT 06183 City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 CONTRACT Date: April 8, 2010 Amount: One Million Eight Hundred Thirty Four Thousand Two Hundred Twenty One and no/100 ($1,834,221.00) Description (Name and Location): Design manufacture assemble and test one prefabricated metal control buildinq or approved equal with anchor bolts and egupment including one 15 -kV metal -clad switchgear including but not limited to switchboard panels, relays, station battery, AC and DC distribution panels heat pump and miscellaneous equipment for Orchard Substation BOND Date (Not earlier than Contract Date): April 14, 2010 Bond Number: 105279401 Amount: One Million Eight Hundred Thirty Four Thousand Two Hundred Twenty One and no/100 ($1,834221.00) Modifications to this Bond Form: Surety and Seller, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. Seller as Principal Surety Company: (Corp. Sea) Company: (Corp. Seal) AZZ/Cent& Ele tric Ma acturin Com an Travelers Cqsualty and SuNty Company of America Signature: Signature: Name and Title: ana Per enior a esident Name and Title: Teresa Godse Attorne In (Attach Power of Attorney) Address: 777 Main Street, Suite C-50 Fort Worth, TX 76102 Telephone Number: (817) 820-8100 (Space is provided below for signatures of additional parties, if required.) Seller as Principal Surety Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: j Name and Title: Name and Title: I Address: EJCDC No. P-610 (2000 Edition) Telephone Number: 00611-1 1. Seller and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Buyer for the performance of the Contract, which is incorporated herein by reference. For purposes of this bond, Buyer means Buyer's assigns, if and when Buyer has assigned the Contract. 2. If Seller performs the Contract, Surety and Seller have no obligation under this Bond, except to participate in conferences as provided in paragraph 3.1. 3. If there is no Buyer Default, Surety's obligation under this Bond shall arise after: 3.1. Buyer has notified Seller and Surety pursuant to paragraph 10 that Buyer is considering declaring a Seller Default and has requested and attempted to arrange a conference with Seller and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. (If Buyer, Seller and Surety agree, Seller shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Buyer's right, if any, subsequently to declare a Seller Default); and 3.2. Buyer has declared a Seller Default and formally terminated Seller's right to complete the Contract. Such Seller Default shall not be declared earlier than 20 days after Seller and Surety have received notice as provided in paragraph 3.1; and 3.3. Buyer has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; 2. Another seller selected pursuant to paragraph 4.3 to perform the Contract. . 4. When Buyer has satisfied the conditions of paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.1. Arrange for Seller, with consent of Buyer, to perform and complete the Contract; or 4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3. Obtain bids or negotiatedp roposals from qualified sellers acceptable to Buyer for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Buyer and Seller selected with Buyer's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the Bonds issued on the Contract, and pay to Buyer the amount of damages as described in paragraph 6 in excess of the Balance of the Contract Price incurred by Buyer resulting from Seller Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new seller, and with reasonable promptness under the circumstances, either: 1. determine the amount for which it may be liable to Buyer and, as soon as practicable after the amount is determined, tender payment therefore to Buyer; or 2, deny liability in whole or in part and notify Buyer citing reasons therefore. l 5. If Surety does not proceed as provided in paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Buyer to Surety demanding that Surety perform its obligations under this Bond, and Buyer shall be entitled to enforce any remedy available to Buyer. If Surety proceeds as provided in paragraph 4.4, and Buyer refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Buyer shall be entitled to enforce any remedy available to Buyer. Seller under the Contract, and the responsibilities of Buyer to Surety shall not be greater than those of Buyer under the Contract. To a limit of the amount of this Bond, but subject to commitment by Buyer of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: 6.1. The responsibilities of Seller for correction or replacement of defective Goods and Special Services and completion of the Contract; 6.2. Additional legal, design professional and delay costs resulting from Seller's Default, and resulting from the actions or failure to act of Surety under paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Seller. 7. Surety shall not be liable to Buyer or others for obligations of Seller that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Buyer or its heirs, executors, administrators, successors, or assigns. 8. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Goods and Services are located and shall be instituted within two years after Seller Default or within two years after Seller ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to Surety, Buyer or Seller shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Goods were to be delivered and the Special Services were to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 6. After Buyer has terminated Seller's right to complete the Contract, and if Surety elects to act under paragraph 4.1, 4.2, or 4.3, then the responsibilities of Surety to Buyer shall not be greater than those of l 00611-2 12. Definitions. 12.1. Balance of the Contract Price: The total amount payable by Buyer to Seller under the Contract after all proper adjustments have been made, including allowance to Seller of any amounts received or to be received by Buyer in settlement of insurance or other Claims for damages to which Seller is entitled, reduced by all valid and proper payments made to or on behalf of Seller under the Contract. 12.2. Contract: The agreement between Buyer and Seller identified on the signature page, including all Contract Documents and changes thereto. 12.3. Seller Default: Failure of Seller, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4. Buyer Default: Failure of Buyer, which has neither been remedied nor waived, to pay Seller as required by the Contract or to perform and complete or comply with the other terms thereof. I SECTION 00612 PAYMENT BOND FOR PROCUREMENT CONTRACTS Any singular reference to Seller, Surety, Buyer or other party shall be considered plural where applicable. SELLER (Name and Address): SURETY (Name and Address of Principal Place AZZ/Central Electric Manufacturing Company of Business): 7900 US Highway 54 South Travelers Casualty and Surety Company of America Fulton, MO 65251 One Tower Square 3PB BUYER (Name and Address): Hartford, CT 06183 City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 CONTRACT Date: April 8, 2010 Amount: One Million Eight Hundred Thirty Four Thousand Two Hundred Twenty One and no/100 ($1,834,221.00) Description (Name and Location): Design manufacture assemble and test one prefabricated metal control building or approved equal with anchor bolts and equpment including one 15 kV metal clad switchgear including but not limited to switchboard panels, relays station battery, AC and DC distribution panels heat pump and miscellaneous equipment for Orchard Substation BOND Date (Not earlier than Contract Date): April 14, 2010 Bond Number: 105279401 Amount: One Million Eight Hundred Thirty Four Thousand Two Hundred Twentv One and no/100 ($1.834.221.00) Modifications to this Bond Form: Surety and Seller, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. Seller as Principal Compan (Corp Seal) Surety Company: (Corp. Seal) AZZICe tral ec ric nufacturin om an Travelers Casualtyand Sur t om an of America Signature: -N--) Name and Title: Dana Per 'SenioNA President Name andT'1?i le: Teresa Godsey. Attorn -In-Fact (Attach Power of Attorney) Address: 777 Main Street, Suite C-50 Fort Worth, TX 76102 Telephone Number: (817)820-8100 (Space is provided below for signatures of additional parties, if required.) Seller as Principal Company: (Corp. Seal) Surety Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: Address: EJCDC No. P-615 (2000 Edition) Telephone Number: 00612-1 C I . Seller and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Buyer to pay for labor, materials and equipment furnished for use in the performance of the Contract, which is incorporated herein by reference. For purposes of this bond, Buyer means Buyer's assigns, if and when Buyer has assigned the Contract. 2. With respect to Buyer, this obligation shall be null and void if Seller: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies and holds harmless Buyer from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Contract, provided Buyer has promptly notified Seller and Surety (at the addresses described in paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to Seller and Surety, and provided there is no Buyer Default. 3. With respect to Claimants, this obligation shall be null and void if Seller promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have ad irect contract with Seller have given notice to Surety (at the addresses described in paragraph 12) and sent a copy, or notice thereof, to Buyer stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with Seller: 1. Have famished written notice to Seller and sent a copy, or notice thereof, to Buyer, within 90 days after having last performed labor or last fumished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were fumished or supplied or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Seller or not received within 30 days of furnishing the above notice any communication from Seller by which Seller had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, or notice thereof, to Buyer stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Seller. 5. If a notice required by paragraph 4 is given by Buyer to Seller or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of paragraph 4, Surety shall promptly and at Surety's expense take the following actions: 6.1. Send an answer to the Claimant, with a copy to Buyer, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Buyer to Seller under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond. By Seller furnishing and Buyer accepting this Bond, they agree that all funds earned by Seller in the performance of the Contract are dedicated to satisfy obligations of Seller and Surety under this Bond, subject to Buyer's priority to use the funds for the completion of the furnishing the Goods and Special Services. 9. Surety shall not be liable to Buyer, Claimants or others for obligations of Seller that are unrelated to the Contract. Buyer shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Goods relevant to the claim are located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 00612-2 12. Notice to Surety, Buyer or Seller shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Buyer or Seller, however, accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been famished to comply with a statutory or other legal requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Seller shall promptly furnish a copy of this Bond or shall permit a copy to.be made. 15. Definitions 15.1. Claimant: An individual or entity having a direct contract with Seller or with a Subcontractor of Seller to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Contract, architectural and engineering services required for furnishing the Goods and Special Services by Seller and Seller's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2. Contract: The agreement between Buyer and Seller identified on the signature page, including all Contract Documents and changes thereto. 15.3. Buyer Default: Failure of Buyer, which has neither been remedied nor waived, to pay Seller as required by the Contract or to perform and complete or comply with the other terms thereof. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 221953 Certificate No. 003405019 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Teresa Godsey, Linda White, and Brenda McCaw of the City of Fort Worth , State of Texas , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their -business of -guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted to any actions or, proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and theta corporate seals to be hereto affixed, this 22nd day of December 2009 Farmington Casualty Company r" St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company _ - Travelers Casualty and Surety Company Fidelity and Guaranty Insurance' Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company coo �it �t�pJ,,ltY Ary°s��,10 ��N�Q�i�i/Ijt�L�a taw�3"�, Fi 9%% HARTFORD, <FVJY$CONN. °:�, C�1951a' �O,oe .SEAL.+•, r°�, �, *�d: •.. .: �a sd �a t State of Connecticut City of Hartford ss. By: A:t�� Georg Thompson,enior ice President On this the 22nd day of December 2009 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that'he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G,7ET In Witness Whereof, I hereunto set my hand and official seal. * fl My Commission expires the 30th day of June, 2011. pU6Up �s 58440-4-09 Printed in U.S.A. THE Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United iates Fidelik and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companres;.whrch is in« fill force``and'effect and has not been revoked. t t ± -N IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of Bard Companies this 13th day of April 20 1U 0,. ik (' Kori M. Johans. Assistant Secretary pASUA� TY V FIRE 4 `�N I Mg` t N3Uq�`"+, P�tY ANp a'wM�r 4�Y 1• q. y O .9 �p•,.........A mJ m ,�N''C \O Alb O y,,'pp��f�• p ` ?O w�y,�,,,,,,� 4 A r,�OAPWRA�Eyy F?�' APORAy ��,�,�' "r 9m3� RD S b" G1 XF `^.vNIMttB m 3f im iituro0 TFC 4% SEAL „ . Q I 61981�0 19 �+ cot �v a HARTFORD. •c HAMFfR0. rS O� ra; 1951 •.,s E A i.%o 1 � `0' CONN. n CONH. £ N 1896 o6 ii3 Y�C N. �.� . *�1 R s�M ce c a • •........;�a'rI �'., e•..•. . a� >y yut �!". �4 �1 rqy ,� ^ ; s .M� !s •........ ��, fi e1 FP v'' �Nq AIN To verify the authenticity of.this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. ING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER l+e. Tn 77n17 ACORDTM CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDD/YYYY) 4/14/2010 PRODUCER Hub International Rigg 777 Main Street, Suite C-50 THIS CERTIFICATE IS ISSUED AS A MATTER ONLY AND CONFERS NO RIGHTS UPON HOLDER. THIS CERTIFICATE DOES NOT AMEND, ALTER THE COVERAGE AFFORDED BY THE OF INFORMATION THE CERTIFICATE EXTEND OR POLICIES BELOW. Fort Worth TX 76102 POLICY NUMBER (817) 820-8100 (817) 870-0310 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Ironshore Specialty Ins Co 25455 INSURER B: Sentry Insurance A Mutual Co 24988 Central Electric Manufacturing Co INSURER C: Axis Surplus Insurance Co 26620 7900 US Highway 54 S. Fulton MO 65251 INSURER D: Beazley Insurance Co, Inc 37540 INSURER E: 3/1/2010 3/1/2011 v THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DD'L POLICY NUMBER POLICY EFFECTIVE DATE MM OD POLICY EXPIRATION DATE MM DD Y LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 pREMSESOEaoccurence $ 150,000 rA X COMMERCIAL GENERAL LIABILITY 000154200 3/1/2010 3/1/2011 MED EXP (Any one person) $ CLAIMS MADE Fx ] OCCUR Blanket Addl Ins' d & PERSONAL &ADV INJURY $ 1,000,000 X Contractual Liab Waiver per contract GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $ 2,000,000 POLICY X PEO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ B X ANY AUTO 90-05719-05 3/1/2010 3/1/2011 (Ea accident) 1,000,000 BODILY INJURY $ ALL OWNED AUTOS Blanket Addl Ins'd& SCHEDULED AUTOS Waiver per contract (Per person) BODILY INJURY $ X HIREDAUTOS (Per accident) X NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 15,000,000 AGGREGATE $ 15,000,000 C X OCCUR 1-1 CLAIMS MADE EAU731754/01/2010 3/1/2010 3/1/2011 $ Follow Form $ DEDUCTIBLE $ X RETENTION $ 10,000 B WORKERS COMPENSATION AND 90-05719-08 3/1/2010 3/1/2011 - OTH- X WRSTATT E.L. EACH ACCIDENT $ 1,000,000 EMPLOYERS' LIABILITY Waiver per Contract E.L. DISEASE - EA EMPLOYEE $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. DISEASE -POLICY LIMIT $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below D OTHER Property including V15S6V10P 3/1/2010 3/1/2011 Blanket Real and Personal Property Limit: $150,000,000 $1,000,000 Transit "All Risk" Coverage Rented or Leased Equipment: $5;200,000 Limit any one item DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CITY OF UKIAH, THE ENGINEER AND THEIR CONSULTANTS, OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES AND AGENTS ARE ADDITIONAL INSURED ON ALL POLICIES EXCEPT EMPLOYER'S LIABILITY AND WORKERS'COMPENSATION AS REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION IS PROVIDED ON ALL POLICIES IN FAVOR OF CITY OF UKIAH, THE ENGINEER AND THEIR CONSULTANTS, OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES AND AGENTS AS PER WRITTEN AGREEMENT. GERTIFIGATE HOLDER I,HIVLCLLHI IVIV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN CITY OF UKIAH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 300 SEMINARY AVENUE IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. UKIAH CA 95482 - AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) V At UKU 1,vrcrUMAI IVIN IVa Page 1 of B 4/14/2010 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 4CORD 25 (2001/08) Page 2 of I DESCRIPTION OF OPERATIONS SECTION CONTINUED I 4/14/2010 CITY OF UKIAH Central Electric Manufacturing Co 300 SEMINARY AVENUE 7900 US Highway 54 S. Fulton MO 65251 UKIAH CA 95482 AS REQUIRED BY CONTRACT, INSURANCE POLICIES ARE PRIMARY WITH RESPECT TO THE INTERESTS OF THE CITY OF UKIAH AND ADDITIONAL INSURED AFFILIATES AND THAT ANY OTHER INSURANCE MAINTAINED BY THE CITY OF UKIAH IS EXCESS AND NOT CONTRIBUTORY. THIRTY (30) DAYS PRIOR WRITTEN NOTICE OF CANCELLATION WILL BE GIVEN TO THE CITY OF UKIAH. DOC (10/2003) Page 3 of 3 SENTRY INSURANCE A MUTUAL COMPANY Carrier Code No. 15571 WORKERS1 COMPENSATION AND EMPLOYER ABILITY INSURANCE POLICY POLICY NUMBER: 90-05719--07 00 101 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule "ALL WRITTEN CONTRACTS PROVIDED SUCH CONTRACT WAS MADE PRIOR TO LOSS" WC 00 03 13 (Ed. 04-84) Copyright 1983 National Council on Compensation Insurance. 1 • AZZ 90-05719-07 00 101 AZZ INCORPORATED 03Eb-10 PAGE 001 03/31/2010 05:30 PM This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated r I Project and the Controlling Law. — SECTION 00700 STANDARD GENERAL CONDITIONS FOR PROCUREMENT CONTRACTS Prepared by r�ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and r Issued and Published Jointly By American Society L I AMERICAN CONSULTING National Society of 1 m ENGINEERS COUNCIL Professional Engineers( A' CE oil Civil Engineers d f� r� r� 410,11 Il L.1 'd EJCDC No. P-700 (2000 Edition) EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright 02000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Supplementary Conditions" and have been made by R. W. Beck on behalf of Buyer in conjunction with Buyer's legal counsel and insurance advisors PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America t.:ny w'. and the Construction Specifications Institute 00700-1 These Standard General Conditions For Procurement Contracts have been prepared for use with the Suggested Instructions to Bidders For Procurement Contracts (EJCDC No. P-200 2000 Edition), the Suggested Form of Agreement Between Buyer and Seller For Procurement Contracts (EJCDC No. P520, 2000 Edition), and the Guide to Preparation of Supplementary Conditions For Procurement Contracts (EJCDC No. P-800, 2000 Edition). Their provisions are interrelated and a change in one may necessitate a change in the others. Additional information concerning the use of the EJCDC Procurement Documents may be found in the Commentary on Procurement Documents (EJCDC No. P-001). © Copyright 2000 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 - 15th Street N.W., Washington, D.C. 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 201914344 NOTE: EJCDC publications may be ordered from any of the three sponsoring organizations above and from CSI headquarters at 99 Canal Center Plaza, Suite 300, Alexandria, VA 22314. EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Stionlementary Conditions" and have been made by R. W. Beck on behalf of Buver in conjunction with Buyer's legal counsel and insurance advisors 00700-2 r� TABLE OF CONTENTS lPage r ARTICLE4 - BONDS AND INSURANCE............................................................................................................................... 8 4.01 Bonds........................................................................................................................................................................... 8 4.02 Insurance......................:.............................................:................................................................................................. 9 ARTICLE5 - SELLER'S RESPONSIBILITIES......................................................................................................................10 5.01 Supervision and Superintendence..............................................................................................................................10 5.02 Labor, Materials and Equipment...............................................................................................................................10 5.03 Compliance with Laws and Regulations, Standards, Specifications and Codes........................................................10 5.04 Or Equals...................................................................................................................................................................10 5.05 Taxes.-: ........................................................................................... ............................................................................ 11 5.06 Shop Drawings and Samples.....................................................................................................................................11 5.07 Continuing Performance............................................................................................................................................12 5.08 Seller's Warranties and Guarantees...........................................................................................................................12 5.09 Indemnification.............................................................................................................................................. ............12 ARTICLE6 - SHIPPING AND DELIVERY............................................................................................................................13 13 l 6.01 Shipping.....................................................................................................................................................................13 L1 6.02 Delivery .....................................................................................................................................................................13 6.03 Risk of Loss............................................................................................................................................................... r ARTICLE 7 - CHANGES: SCHEDULE AND DELAY..........................................................................................................13 ' 7.01 Changes in the Goods and Special Services .............................. 7.02 Changes in Laws and Regulations.............................................................................................................................13 7.03 Changing Contract Price or Contract Times..............................................................................................................13 LI ARTICLE8 - BUYER'S RIGHTS...................................................................................................:........................................14 8.01 Inspections and Testing.............................................................................................................................................14 8.02 Non -Conforming Goods or Special Services.............................................................................................................15 8.03 Correction Period.......................................................................................................................................................15 EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright 02000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Supplementary Conditions" and have been made by R W Beck on behalf of Buyer L in conjunction wkh Buyer's legal counsel and i�surance advisors 00700-3 �J ARTICLE 1 - DEFINITIONS AND TERMINOLOGY.............................................................................................................5 1.01 Defined Terms..............................................................................................................................................................5 j1.02 Terminology................................................................................................................................................................6 ARTICLE2 - PRELIMINARY MATTERS...............................................................................................................................7 2.01 Delivery of Bonds........................................................................................................................................................7 Copies of Documents...................................................................................................................................................7 r2.02 2.03 Commencement of Contract Times; Notice to Proceed...............................................................................................7 2.04 Designated Representatives.........................................................................................................................................7 2.05 Before Starting Fabrication/Assembly of Goods.........................................................................................................7 2.06 Progress Schedule........................................................................................................................................................7 2.07 Preliminary Conference...............................................................................................................................................7 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT AND AMENDING..............................................................................8 r� 3.01 Intent............................................................................................................................................................................ 8 �. 3.02 Laws and Regulations, Standards, Specifications and Codes...................................................................................... 8 3.03 Reporting and Resolving Discrepancies...................................................................................................................... 8 r 1 3.04 Amending and Clarifying Contract Documents...........................................................................................................8 r ARTICLE4 - BONDS AND INSURANCE............................................................................................................................... 8 4.01 Bonds........................................................................................................................................................................... 8 4.02 Insurance......................:.............................................:................................................................................................. 9 ARTICLE5 - SELLER'S RESPONSIBILITIES......................................................................................................................10 5.01 Supervision and Superintendence..............................................................................................................................10 5.02 Labor, Materials and Equipment...............................................................................................................................10 5.03 Compliance with Laws and Regulations, Standards, Specifications and Codes........................................................10 5.04 Or Equals...................................................................................................................................................................10 5.05 Taxes.-: ........................................................................................... ............................................................................ 11 5.06 Shop Drawings and Samples.....................................................................................................................................11 5.07 Continuing Performance............................................................................................................................................12 5.08 Seller's Warranties and Guarantees...........................................................................................................................12 5.09 Indemnification.............................................................................................................................................. ............12 ARTICLE6 - SHIPPING AND DELIVERY............................................................................................................................13 13 l 6.01 Shipping.....................................................................................................................................................................13 L1 6.02 Delivery .....................................................................................................................................................................13 6.03 Risk of Loss............................................................................................................................................................... r ARTICLE 7 - CHANGES: SCHEDULE AND DELAY..........................................................................................................13 ' 7.01 Changes in the Goods and Special Services .............................. 7.02 Changes in Laws and Regulations.............................................................................................................................13 7.03 Changing Contract Price or Contract Times..............................................................................................................13 LI ARTICLE8 - BUYER'S RIGHTS...................................................................................................:........................................14 8.01 Inspections and Testing.............................................................................................................................................14 8.02 Non -Conforming Goods or Special Services.............................................................................................................15 8.03 Correction Period.......................................................................................................................................................15 EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright 02000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Supplementary Conditions" and have been made by R W Beck on behalf of Buyer L in conjunction wkh Buyer's legal counsel and i�surance advisors 00700-3 �J ARTICLE9 - ROLE OF ENGINEER.......................................................................................................................................16 9.01 Duties and Responsibilities........................................................................................................................................16 9.02 Clarifications and Interpretations...............................................................................................................................16 9.03 Authorized Variations................................................................................................................................................16 9.04 Rejecting Non -Conforming Goods and Special Services..........................................................................................16 9.05 Decisions on Requirements of Contract Documents.................................................................................................16 9.06 Claims and Disputes..................................................................................................................................................16 1 ARTICLE10 - PAYMENT.............:..........................................................................................................................................17 10.01 Applications for Progress Payments..........................................................................................................................17 10.02 Review of Applications for Progress Payments.........................................................................................................17 10.03 Amount and Timing of Progress Payments................................................................................................................18 10.04 Suspension of or Reduction in Payment....................................................................................................................18 10.05 Final Application for Payment...................................................................................................................................18 10.06 Final Payment............................................................................................................................................................18 10.07 Waiver of Claims.......................................................................................................................................................18 ARTICLE 11 - CANCELLATION, SUSPENSION, AND TERMINATION..........................................................................18 11.01 Cancellation...............................................................................................................................................................18 11.02 Suspension of Performance by Buyer........................................................................................................................19 11.03 Suspension of Performance by Seller........................................................................................................................19 11.04 Breach and Termination............................................................................................................................................19 ARTICLE12 - LICENSES AND FEES....................................................................................................................................19 12.01 Intellectual Property and License Fees......................................................................................................................19 12.02 Seller's Infringement.................................................................................................................................................20 12.03 Buyer's Infringement.................................................................................................................................................20 12.04 Reuse of Documents..................................................................................................................................................20 ARTICLE13 - DISPUTE RESOLUTION................................................................................................................................20 13.01 Dispute Resolution Method.......................................................................................................................................20 13.02 Mediation...................................................................................................................................................................21 13.03 Arbitration.................................................................................................................................................................21 ARTICLE14 - MISCELLANEOUS.........................................................................................................................................22 14.01 Giving Notice............................................................................................................................................................22 14.02 Controlling Law.........................................................................................................................................................22 14.03 Computation of Time.................................................................................................................................................22 14.04 Cumulative Remedies................................................................................................................................................22 14.05 Survival of Obligations..............................................................................................................................................22 EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright 02000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Supplementary Conditions" and have been made by R W. Beck on behalf of Buv_er in with Buyer's legal counsel and insurance advisors 00700-4 EJCDC STANDARD GENERAL CONDITIONS FOR PROCUREMENT CONTRACTS ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Whenever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to the singular or plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda --Those written or graphic instruments issued prior to the opening of Bids in accordance with the Bidding Requirements which clarify or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement --The written instrument signed by r both Buyer and Seller covering the Goods and Special Services and which lists the Contract Documents in existence on the Effective Date of the Agreement. i i i 3.. Application for Payment --The form acceptable to Buyer which is used by Seller in requesting progress and final payments and which is accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid --An offer or proposal submitted on the prescribed form setting forth the prices for the Goods and Special Services to be provided. 5. Bidder --A person who submits a Bid directly to Buyer. 6. Bidding Documents --The Bidding Requirements and the proposed Contract Documents (including all Addenda). 7. Bidding Requirements --The Advertisement or Invitation to Bid, Instructions to Bidders, Form of Bid security, if any, and Bid Form with any supplements. 8. Buyer --The person or public entity purchasing the Goods and Special Services. 9. Change Order --A document recommended by Engineer which is signed by Seller and Buyer and authorizes an addition, deletion, or revision to the Contract Documents or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim --A written demand or assertion by Buyer or Seller seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. 11. Contract --The entire and integrated written agreement between Buyer and Seller concerning the Goods and Special Services. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents --Those items listed in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Files in electronic media format of text, data, graphics, and the like are not Contract Documents, and may not be relied on by Seller. Approved Shop Drawings and other Seller's. submittals are not Contract Documents. 13. Contract Price-- The moneys payable by Buyer to Seller for furnishing the Goods and Special Services in accordance with the Contract Documents as stated in the Agreement. 14. Contract Times --The times stated in the Agreement by which the Goods must be delivered and Special Services must be furnished. 15. Drawings --That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, intent, and character of the Goods and Special Services to be furnished by Seller. 16. Effective Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the 2 parties to sign and deliver. 17. Engineer --The person designated as such in the Agreement. 18. Field Order—A written order issued by Engineer which requires minor changes in the Goods or Special Services but which does not involve a change in the Contract Price or Contract Times. Also referred to as a "Change Request". EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Supplementary Conditions" and have been made by R W Beck on behalf of Buver in conjunction with Buyer's legal counsel and insurance advisors 00700-5 19. General Requirements --Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 20. Goods --The tangible and movable personal property that is described in the Contract Documents, regardless of whether the property is to be later attached to realty. 21. Laws and Regulations; Laws or Regulations -- Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmen- tal bodies, agencies, authorities, and courts having jurisdiction. 22. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to the Contract Times. 23. Notice of Award --The written notice by Buyer to the apparent Successful Bidder stating that upon timely compliance by the apparent Successful Bidder with the conditions precedent listed therein, Buyer will sign and deliver the Agreement. 24. Notice to Proceed --A written notice given by Buyer to Seller fixing the date on which the Contract Times commence to run and on which Seller shall start to perform under the Contract. 25. Point of Destination --The specific address of the location where delivery of the Goods shall be made as stated in the Agreement. 26. Project --The total undertaking of which the Goods and Special Services to be provided under the Contract are a part. 27. Project Manual-- The bound documentary information prepared for bidding and furnishing the Goods and Special Services. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 28. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Goods and which establish the standards by which such portion of the Goods or Special Services will be judged. 29. Seller --The person furnishing the Goods and Special Services. 30. Shop Drawings --All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Seller and submitted by Seller to illustrate some portion of the Goods or Special Services. 31. Special Services --Services associated with the Goods to be furnished by Seller as required by the Contract Documents, under the supervision and direction of Buyer or Buyer's construction contractor under a separate contract to perform the installation or construction for which the Goods under this Contract are being furnished. 32. Specifications --That part of the Contract Documents consisting of written technical descriptions i of materials, equipment, systems, standards and workmanship as applied to the furnishing of the Goods and Special Services, and certain administrative details 1 applicable thereto. 33. Successful Bidder --The lowest responsible Bidder submitting a responsive Bid, to whom Buyer makes an award. 34. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions identified herein by double - underlined text for additions and struck out text for deletions. Additional Supplements may be included in Section 007300. 35. Written Amendment --A written statement modifying the Contract Documents, signed by Buyer and Seller on or after the Effective Date of the Agreement and normally dealing with the administrative aspects of the Contract Documents. 36. Warranty Period --referred to as "Correction Period" per paragraph 8.03. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Goods or Special Services. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Goods or Special Services for compliance with the requirements of and information in the Contract EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Supplementary Conditions" and have been made by R. W. Beck on behalf of Buyer in conjunction with Buyer's legal counsel and insurance advisors 00700-6 Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to Engineer any duty or authority to supervise or direct the furnishing of Goods or Special Services or any duty or authority to undertake responsibility contrary to any other provision of the Contract Documents. 2. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. 3. The word "non -conforming" when modifying the words "Goods" or "Special Services" refers to Goods or Special Services that fail to conform to the Contract Documents. 4. The word "receipt" when referring to the Goods, shall mean the physical taking and possession by the Buyer under the conditions specified in Paragraph 8.01.133. B. Day I: The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds } A. When Seller delivers the executed Agreements to i Buyer, Seller also shall deliver such bonds as Seller may be l required to furnish. 2.02 Copies of Documents A. Buyer shall furnish Seller up_ to 5 copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the 30th day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the 60th day after the day of Bid opening or the 30th day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Designated Representatives A. Buyer and Seller shall each designate its representative at the time the Agreement is signed. Each representative shall have full authority to act on behalf of and make binding decisions in any matter arising out of or relating to the Contract. 2.05 Before Starting Fabrication/Assembly of Goods A. Seller's Review of Contract Documents: Before commencing performance of the Contract, Seller shall carefully study and compare the Contract Documents and check and verify pertinent requirements therein and, if specified, all applicable field measurements. Seller shall promptly report in writing to Buyer and Engineer any conflict, error, ambiguity or discrepancy which Seller may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any work affected thereby. 2.06 Progress Schedule A. Within 15 days after the Contract Times start to run, Seller shall submit to Buyer and Engineer an acceptable progress schedule of activities, including at a minimum, Shop Drawing and Sample submittals, tests, and deliveries as required by the Contract Documents. No progress payment will be made to Seller until an acceptable schedule is submitted to Buyer and Engineer. B. The progress schedule will be acceptable to Buyer and Engineer if it provides an orderly progression of the submittals, tests, and deliveries to completion within the specified Milestones and the Contract Times. Such acceptance will not impose on Buyer or Engineer responsibility for the progress schedule, for sequencing, scheduling, or progress of the work nor interfere with or relieve Seller from Seller's full responsibility therefore. Such acceptance shall not be deemed to acknowledge the reasonableness and attainability of the schedule. 2.07 Preliminary Conference A. Within 20 days after the Contract Times start to run, a conference attended by Seller, Buyer, Engineer and others as appropriate will be held to establish a working understanding among the parties as to the Goods and Special Services and to discuss the schedule referred to in Paragraph 2.06.A., procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Supplementary Conditions" and have been made by R W Beck on behalf of Buyer in conjunction with Buyer's legal counsel and insurance advisors 00700-7 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT AND AMENDING 3.01 Intent A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. B. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided, whether or not specifically called for, at no additional cost to Buyer. C. Clarifications and interpretations of, or notifications of minor variations and deviations in, the Contract Documents, will be issued by Engineer as provided in Article 9. D. The Specifications are directed to Seller unless specifically noted otherwise. The words "shall be" are included by inference where a colon Q is used within sentences or phrases of sections within these divisions. 3.02 Laws and Regulations, Standards, Specifications and Codes A. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws and Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws and Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. B. No provision of any such standard, specification, manual or code, or any instruction of a supplier shall be effective to change the duties or responsibilities of Buyer or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to Buyer or Engineer, or any of their consultants, agents, or employees any duty or authority to supervise or direct the performance of Seller's obligations or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: If, during the performance .of the Contract, Seller discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Contract or of any standard, specification, manual or code, or of any instruction of any supplier, Seller shall promptly report it to Buyer in writing for Engineer's review. Seller shall not proceed with the furnishing of the Goods or Special Services affected thereby until an amendment to or clarification of the Contract Documents has been issued. Seller shall not be liable to Buyer or Engineer for failure to report any such conflict, error, ambiguity, or discrepancy unless Seller knew or reasonably should have known thereof. B. Resolving Discrepancies: Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: 1. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. the provisions of any Laws or Regulations applicable to the furnishing of the Goods and Special Services (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Clarifying Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions to the Goods or Special Services or to modify the terms and conditions thereof by a Written Amendment or a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Goods or Special Services not affecting Contract Price or Contract Times may be authorized, by one or more of the following ways:, 1) a Field Order; 2) Engineer's approval of a Shop Drawing pursuant to Paragraph 5.06.D.2; or 3) Engineer's written interpretation or clarification. ARTICLE 4 - BONDS AND INSURANCE 4.01 Bonds A. Seller shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price, to Buyer. The bonds shall be delivered in accordance with Paragraph 2.01 and shall remain in effect at least 1 year after the date final payment is due, except as provided otherwise by Laws or Regulations. EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. odifications shown are considered "Supplementary Conditions" and have been made by R. W. Beck on behalf of Buyer in conjunction with Buyer's legal counsel and insurance advisors 00700-8 B. The bonds shall be issued in the form prescribed by the Contract Documents except as provided otherwise by j Laws or Regulations and shall be executed by a surety Jnamed in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury.. Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on a bond is declared bankrupt or becomes insolvent or its right to do business is terminated in the state where the Project is located or it ceases to meet the 'requirements of Paragraph 4.01.13, Seller shall provide another bond and surety which comply with those 1 requirements within 20 days, at Seller's expense. 4.02, Insurance r A. Seller shall provide insurance of the types and i 1 coverages and yin the amounts stipulated below. in the Supplementat=y Conditions. r�B Seller shall purchase and maintain such liability and ` other insurance as is appropriate for the furnishing of Goods and Special Services and as will provide protection from lclaims set forth below which may arise out of or result from i J Seller's furnishing of the Goods or Special Services and Seller's other obligations under the Contract Documents. r whether the furnishing of Goods or Special Services, or other obligations are to be performed by Seller, any subcontractor or supplier, or by anyone directly or indirectly employed by any of them to furnish the Goods or Special r 1 Services or by anyone for whose acts any of them may be l liable: r 1 claims under workers' compensation, disability benefits and other similar employee benefit acts: i_ 2 claims for damages because of bodily injury, loccupational sickness or disease or death of Seller's i 1 employees: 3 claims for damages because of bodily injury, sickness or disease or death of any person other than Seller's employees, 4 claims for damages insured by reasonably available personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such Iperson by Seller. or (ii) by any other person for any other �. J req on L� 5 claims for damages other than to the Goods. because of iniury to or destruction of tangible property wherever located including loss of use resulting therefrom; and 6 claims for damages because of bodily injury or death of any person or property damage arising out of the ownership maintenance or use of any motor vehicle. C The policies of insurance so required by this Paragraph 4.02 to be purchased and maintained shall: 1. with respect to insurance required by Paragraph 4.02.13.3 through 4.02.13.6 inclusive include as additional insureds (subject to any customary exclusion jn respect of professional liability) Buyer. Engineer_ their consultants and include coverage for the resp—J e officers directors partners employees agents and other consultants and subcontractors of each and any of all such additional insureds using ISO Endorsement CG2032 0798 or equivalent and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby: 2 include at least the specific coverages and be written for not less than the limits of liability provided below or required by Laws or Regulations whichever is rg eater: 3 include completed operations insurance: 4 include contractual liability insurance covering Seller's indemnity obligations under Paragraphs 5.09 and 12.02. 5 contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Buyer and Seller and to each other additional insured identified to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Seller pursuant to Paragraph 4 02 E will so provide); 6 remain in effect at least until final payment and at all times thereafter when Seller may be correcti= removing. or replacing_ non -conforming Goods in accordance with Paragraphs 8.02 and 8.03: and 7 with respect to completed operations insurance and any insurance coverage written on a claims -made basis remain in effect for at least 2 years after final payment (and Seller shall furnish Buyer and each other additional insured identified herein to whom_ a certificate of insurance has been issued evidence EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Supplementary Conditions" and have been made by R W Beck on behalf of Buyer in conjunction with Buyer's legal counsel and insurance advisors 00700-9 satisfactory to Buyer and any such additional insured of continuation of such insurance at final payment and 1 year thereafter). D. The limits of liability for the insurance required by Paragraph 4.02.13 shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers' Compensation, and related coverages under Paragraphs 4.02. B.1 and B.2: State Statutory Applicable Federal Statutory Employer's Liability X1.000.000 2. Seller's Commercial General Liabilitv under Paragraphs 4.02.13.3 through B.6 which shall include Bodily Injury and Death. Property Damage, Contractual Liability. (including Explosion. Collapse and Underground Coverages and Products Liability and Completed Operations Liability coverages) and eliminate the exclusion with respect to property under the care, custody and control of Seller. $3.000.000 3. Automobile Liability_ under Paragraph 4.02.13.6 &3.000.000 E. Seller_ shall_ deliver to Buver, with copies to each additional insured identified, certificates of insurance (and other evidence of insurance requested by Buver or any other additional insured) which feller is required to purchase and maintain. F. If Buver has anv obiection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained on the basis of non-conformance with the Contract Documents. Buver shall notify Seller in writing within 10 days after receipt of the certificates required by Paragraph 4.02.E. Seller shall provide such additional information in respect to insurance as Buver shall reasonably request. ARTICLE 5 - SELLER'S RESPONSIBILITIES 5.01 Supervision and Superintendence A. Seller shall be solely responsible for the means, methods; techniques, sequences, and procedures used in performing its obligations. Seller shall be responsible to see that the completed Goods and Special Services conform to the Contract Documents. 5.02 Labor, Materials and Equipment A. Seller shall provide competent, qualified and trained personnel in all aspects of its performance of the Contract. B. All equipment, products and material incorporated into the Goods shall be as specified, or if not specified, shall be new, of good quality and st red protected, assembled, used, connected, applied, cleaned and conditioned in accordance with the original manufacturer's instructions, except as otherwise may be provided in the Contract Documents. 5.03 Compliance with Laws and Regulations, Standards, Specifications and Codes A. Seller shall comply with all Laws and Regulations applicable to the furnishing of the Goods and Special Services. 5.04 Or Equals A. Whenever an item of material or equipment to be incorporated into the Goods is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier or manufacturer, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed, by words reading that no like, equivalent, or "or equal" item is permitted, other items of material or equipment or material or equipment of other suppliers or manufacturers may be submitted to Buyer for Engineer's review. 1. If in Engineer's sole discretion, such an item of material or equipment proposed by Seller is functionally equal to that named and sufficiently similar so that no change in related work will be required, it may be con- sidered by Engineer as an "or equal" item. 2. For the purposes of this paragraph, a proposed item of material or equipment may be considered functionally equal to an item so named if- a. £ a. in the exercise of reasonable judgment, Engineer determines that: 1) it is at least equal in quality, durability, appearance, strength, and design characteristics; and 2) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole; and b. Seller certifies that: 1) there is no increase in any cost including capital, installation or operating to Buyer; and 2) the proposed item will conform EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Supplementary Conditions" and have been made by R. W. Beck on behalf of Buyer in conjunction with Buyer's legal counsel and insurance advisors 00700-10 substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. B. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraph 5.04.A. Engineer will be the sole judge of acceptability. No "or equal" will be ordered, manufactured or utilized until Engineer's review is �l complete, which will be evidenced by an approved Shop JDrawing. Engineer will advise Buyer and Seller in writing of any negate determination. Notwithstanding Engineer's approval of an "or -equal" item, Seller shall remain obligated to comply with the requirements of the Contract Documents. C. Special Guarantee: Buyer may require Seller to r furnish at Seller's expense a special performance guarantee or other surety with respect to any such proposed "or - equal." r D. Data: Seller shall provide all data in support of any 1 such proposed "or equal" at Seller's expense. 5.05 Taxes A. Seller shall be responsible for all taxes and duties arising out of the sale of the Goods and the furnishing of fl Special ,Services. All taxes are included in the Contract l Price. 5.06 Shop Drawings and Samples ` A. Seller shall submit Shop Drawings and Samples to Buyer for Engineer's review and approval in accordance 1 with the schedule required in Paragraph 2.06.A. All J submittals will be identified as required and furnished in the number of copies specified in the Contract Documents. The r data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Seller proposes to j provide. �J B. Where a Shop Drawing or Sample is required by the Contract Documents, any related work performed prior to Engineer's approval of the pertinent submittal will be at the sole expense and. responsibility of Seller. t C. Submittal Procedures L_I 1. Before submitting each Shop Drawing or Sample, ' Seller shall have determined and verified: a. all field measurements (if required), quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; and b. that all materials are suitable with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the furnishing of Goods and Special Services. 2. Seller shall also have reviewed and coordinated each Shop Drawing or Sample with the Contract Documents. 3. Each submittal shall include a written certification from Seller that Seller has reviewed the subject submittal and confirmed that it is in compliance with the requirements of the Contract Documents. Both Buyer and Engineer shall be entitled to rely on such certification from Seller. 4. With each submittal, Seller shall give Buyer and Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both in a written communication separate from the submittal and by specific notation on each Shop Drawing or Sample. . D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples. 2. Engineer's approval of Shop Drawings or Samples will be subject to the standard of Paragraph 1.02.A.1. Such review and approval will not extend tiq design data reflected in Shop Drawings which is peculiarly within the special expertise of Seller or any party dealing directly with Seller. Review for conformance with design concepts and compliance with Contract Documents does not require Engineer to review features related to construction or all dimensions quantities and other data. Seller shall not rely on Engineer's approval as a verification or check of all such items in the submittal or of satisfactory and safe installation and construction. Engineer's approval will not relieve Seller from responsibility for any variation from the requirements of the Contract Documents unless Seller has in writing called Engineer's attention to each such variation at the time of each submittal as required by Paragraph 5.06.C.1 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval. EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are consideYed "Supplementary Conditions" and have been made by R W Beck on bell J Buyer in with Buyer's legal counsel and insurance advisors 00700-11 E. Resubmittal Procedures 1. Seller shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit as required new Samples for review and approval. Seller shall direct specific attention in writing to any revisions other than the corrections called for by Engineer on previous submittals. 2. It is expected that only 1 resubmittal of any Shop Drawing or Sample will be required to satisfactorily revise the original submittal. Charges for, extra work incurred by Buyer, including but not limited to work by Engineer to review more than 1 re -submittal may be deducted by Buyer from amounts payable to Seller. 5.07 Continuing Performance A. Seller shall adhere to the progress schedule established in accordance with Paragraph 2.06.A. and the Goods shall be delivered and the Special Services furnished within the Contract Times specified in the Agreement. B. Seller shall carry on the work and adhere to the progress schedule during all disputes or disagreements with Buyer. No work shall be delayed or postponed pending resolution of any disputes or disagreements. 5.08 Seller's Warranties and Guarantees A. Seller warrants and guarantees to Buyer that the title to the Goods conveyed shall be proper, its transfer rightful, and free from any security interest, lien, or other encumbrance. B. Seller warrants and guarantees to Buyer that all Goods and Special Services will conform with the Contract Documents, including any Samples approved by Engineer, and the Goods will be without defect. damage or malfunction and of merchantable quality. Engineer shall be entitled to rely on representation of Seller's warranty and guarantee. C. Seller's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, improper modification or improper maintenance or operation by persons other than Seller, or 2. normal wear and tear under normal usage. D. Seller's obligation to furnish the Goods and Special Services in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Goods or Special Services that are non- conforming, or a release of Seller's obligation to furnish the Goods and Special Services in accordance with the Contract Documents: 1. observations by Buyer or Engineer; 2. recommendation by Engineer or payment by Buyer of any progress or final payment; 3. use of the Goods by Buyer; 4. any acceptance by Buyer (subject to the provisions of Paragraph 8.02.D.1) or any failure to do so; 5. the issuance of a notice of acceptance by Buyer pursuant to the provisions of Article 8; 6. any inspection, test or approval by others; or 7. any correction of non -conforming Goods or Special Services by Buyer. E. Buyer shall within a reasonable time notify Seller of any breach of Seller's warranties or guarantees. If Buyer receives notice of a suit or claim as a result of such breach, Buyer also may give Seller notice in writing to defend such suit or claim. If Seller fails to defend such suit or claim, Seller will be bound in any subsequent suit or claim against Seller by Buyer by any factual determination in the prior suit. 5.09 Indemnification A. To the fullest extent permitted by Laws and Regulations, Seller shall indemnify and hold harmless Buyer, Engineer, and their officers, directors, shareholders, partners, employees, agents, consultants, contractors and subcontractors from any and all claims, costs, losses, and demands or judgments for damages for claims (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or relating to a negligent, reckless or wrongful act or omission or the breach of any obligation under this Contract by Seller, or its officers, directors, shareholders, partners, employees, agents, consultants, contractors or subcontractors, or anyone for whom Seller is responsible, provided that any such claim, cost, loss, or damage; 1. is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Goods or Special Services EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Supplementary ondi ions" and have been made by & W. Beck on b half of Buv r in conjunction with Buyer's legal counsel and insurance advisors 00700-12 rthemselves), including the loss of use resulting therefrom; and A. Seller shall select the carrier and bear all costs of packaging, transportation, insurance, special handling and F l any other costs associated with shipment and delivery. L 1 Goods shall be packed transported and handled in accordance with manufacturer's instructions. r 6.02 Delivery A. Seller shall deliver and unload the Goods F.O.B. the ' Point of Destination in accordance with the Contract Times set forth in the Agreement, or other date agreed to by Buyer and Seller. C. Buyer will be ible and bear- alb_ unloading theG—ins—aom. ..x...... Seller shall be responsible for unloading and assembling Goods at point of delivery onto Buyer's foundation. D. Buyer will assure that adequate facilities are . available to receive delivery of the Goods during the Contract Times set forth in the Agreement, or another date agreed by Buyer and Seller. E. No partial deliveries shall be allowed, unless permitted or required by the Contract Documents or agreed to in writing by Buyer. 6.03 Risk of Loss A. Risk of loss and insurable interests transfer from Seller to Buyer upon Buyer's receipt of the Goods. B. Notwithstanding the provisions of Paragraph 6.03.A, if Buyer rejects the Goods as non -conforming, the risk of loss on such Goods shall remain with Seller until Seller corrects the non -conformity or Buyer accepts the Goods. ARTICLE 7 - CHANGES: SCHEDULE AND DELAY 7.01 Changes in the Goods and Special Services A. Buyer may at any time, without notice to any surety, make changes in the Contract Documents within the general scope of the Contract. B. If any such change or action by Buyer affects the Contract Price or Contract Times, Seller shall notify Buyer within 15 days after the occurrence of the event giving rise thereto, and written supporting data will be submitted to Buyer within 45 days after such occurrence. If Seller fails to do so, Seller waives any Claim for such adjustment. C. Seller shall not suspend performance while Buyer and Seller are in the process of making such changes and any related adjustments. 7.02 Changes in Laws and Regulations 1 B. Seller shall provide written notice to Buyer at least A. Changes in Laws or Regulations not known at the 15 days before shipment of the manner of shipment and the time of opening of Bids (or, on the Effective Date of the anticipated delivery date. The notice shall also include any Agreement if there were no Bids) having an effect on the instructions concerning special `equipment or services cost or time of furnishing the Goods and Special Services i required at the Point of Destination to unload and care for shall be the subject of an adjustment in Contract Price or the Goods. Seller shall also require the carrier to give Buyer Contract Times. If Buyer and Seller are unable to agree on at least 24 hours notice by telephone prior to the anticipated entitlement to or on the amount or extent, if any, of any such Ihour of delivery. adjustment, a Claim may be made therefore as provided in J Paragraph 9.06.A. ,J EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright 02000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Supplementary Conditions" and have been made by R. W. Beck on behalf of Buyer in con 'unction with Buyer'slegal counsel and insurance advisors 00700-13 2. is caused in whole or in part by any negligent, reckless or wrongful act or omission of Seller or any individual or entity directly or indirectly employed to furnish any of the Goods or Special Services or anyone for whose acts Seller may be liable, regardless of whether or not caused in part by any negligence or r omission of an individual or entity indemnified i 1 hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless F of the negligence of any such individual or entity. B. The indemnification obligations of Seller under paragraph 5.09.A shall not extend to the liability of `I Engineer and Engineer's consultants or to the officers, ] directors, partners, employees, agents, and other consultants ` and subcontractors of each and any of them arising out of: r 1. the preparation or approval of, or the failure to t J prepare or approve, maps, Drawings, opinions, reports, surveys, Change.Orders, designs, or Specifications; or r 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. r ARTICLE 6 - SHIPPING AND DELIVERY r 6.01 Shipping A. Seller shall select the carrier and bear all costs of packaging, transportation, insurance, special handling and F l any other costs associated with shipment and delivery. L 1 Goods shall be packed transported and handled in accordance with manufacturer's instructions. r 6.02 Delivery A. Seller shall deliver and unload the Goods F.O.B. the ' Point of Destination in accordance with the Contract Times set forth in the Agreement, or other date agreed to by Buyer and Seller. C. Buyer will be ible and bear- alb_ unloading theG—ins—aom. ..x...... Seller shall be responsible for unloading and assembling Goods at point of delivery onto Buyer's foundation. D. Buyer will assure that adequate facilities are . available to receive delivery of the Goods during the Contract Times set forth in the Agreement, or another date agreed by Buyer and Seller. E. No partial deliveries shall be allowed, unless permitted or required by the Contract Documents or agreed to in writing by Buyer. 6.03 Risk of Loss A. Risk of loss and insurable interests transfer from Seller to Buyer upon Buyer's receipt of the Goods. B. Notwithstanding the provisions of Paragraph 6.03.A, if Buyer rejects the Goods as non -conforming, the risk of loss on such Goods shall remain with Seller until Seller corrects the non -conformity or Buyer accepts the Goods. ARTICLE 7 - CHANGES: SCHEDULE AND DELAY 7.01 Changes in the Goods and Special Services A. Buyer may at any time, without notice to any surety, make changes in the Contract Documents within the general scope of the Contract. B. If any such change or action by Buyer affects the Contract Price or Contract Times, Seller shall notify Buyer within 15 days after the occurrence of the event giving rise thereto, and written supporting data will be submitted to Buyer within 45 days after such occurrence. If Seller fails to do so, Seller waives any Claim for such adjustment. C. Seller shall not suspend performance while Buyer and Seller are in the process of making such changes and any related adjustments. 7.02 Changes in Laws and Regulations 1 B. Seller shall provide written notice to Buyer at least A. Changes in Laws or Regulations not known at the 15 days before shipment of the manner of shipment and the time of opening of Bids (or, on the Effective Date of the anticipated delivery date. The notice shall also include any Agreement if there were no Bids) having an effect on the instructions concerning special `equipment or services cost or time of furnishing the Goods and Special Services i required at the Point of Destination to unload and care for shall be the subject of an adjustment in Contract Price or the Goods. Seller shall also require the carrier to give Buyer Contract Times. If Buyer and Seller are unable to agree on at least 24 hours notice by telephone prior to the anticipated entitlement to or on the amount or extent, if any, of any such Ihour of delivery. adjustment, a Claim may be made therefore as provided in J Paragraph 9.06.A. ,J EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright 02000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Supplementary Conditions" and have been made by R. W. Beck on behalf of Buyer in con 'unction with Buyer'slegal counsel and insurance advisors 00700-13 7.03 Changing Contract Price or Contract Times ARTICLE 8 - BUYER'S RIGHTS A. The Contract Price or Contract Times may only be changed by: a Change Order; 2. a Written Amendment; or 3. a written unilateral order of Buyer, in which case Seller shall be entitled to an equitable adjustment in Contract Price or Contract Times for any reasonable and necessary costs or delays incurred by Seller to accommodate such a change. B. If Seller is prevented from delivering the Goods or performing the Special Services within the Contract Times for any unforeseen reason beyond its control and not attributable, to its actions or inactions, then Seller shall be entitled to an adjustment of the Contract Times to the extent attributable to such reason. Such reasons include fire, floods, epidemics, abnormal. weather conditions, acts of God, acts of war, acts of terrorism, and directions by government authority and other like matters. If such an event occurs and delays Seller's performance, Seller shall notify Buyer in writing within 15 days of the beginning of the event causing the delay, stating the reason therefore. C. Contract Times will not be modified for delays within the control of Seller, including labor strife, transportation .shortages or delays at Seller's facilities. Delays attributable to and within the control of Seller's subcontractors or suppliers shall be deemed to be delays within the control of Seller. D. If Seller is prevented from delivering the Goods or furnishing the Special Services within the Contract Times due to the actions or inactions of Buyer, Seller shall be entitled to any reasonable and necessary additional costs arising out of such delay to the extent directly attributable to Buyer. E. Neither Buyer nor Seller shall be entitled to any damages arising from delays which are beyond the control of both Buyer and Seller, including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, acts of war, acts of terrorism, and direction by government authority and other like matters. 8.01 Inspections and Testing A. General 1. Buyer shall have the right to perform, or cause to be performed, reasonable inspections and require reasonable tests of the Goods at Seller's facility, and at the Point of Destination. Seller shall allow Buyer a reasonable time to perform such inspections or tests. 2. Seller shall bear all expenses, except for travel, lodging and subsistence expenses of Buyer's representatives, for inspections and tests at Seller's facility, but Buyer shall be entitled to reimbursement from Seller of travel, lodging and subsistence expenses of Buyer's representatives if the Goods are non- conforming. 3. Buyer shall bear all expenses, except for travel, lodging and subsistence expenses of Seller's representatives, for inspections and tests at the Point of Destination, but Buyer shall be entitled to reimbursement from Seller for Buyer's expenses for re- inspection or retesting if, on the basis of an initial inspection or testing, the Goods are determined to be non -conforming. 4. Seller shall provide Buyer 30 days written notice of the readiness of the Goods for all inspections, tests, or approvals which the Contract Documents specify are to be observed by Buyer prior to shipment. 5. Buyer will give Seller timely notice of all specified tests, inspections and approvals of the Goods which are to be conducted at the Point of Destination. 6. If, on the basis of any inspections or testing, the Goods appear to be conforming, Buyer will give Seller prompt notice thereof. If on the basis of said inspections or testing, the Goods appear to be non -conforming, Buyer will give Seller prompt notice thereof and will advise Seller of the remedy Buyer elects under the provisions of Paragraph 8.02. 7. Neither payments made by Buyer to Seller prior to any tests or inspections, nor any tests or inspections shall constitute acceptance of non -conforming Goods, or prejudice Buyer's rights under the Contract. B. Inspection on Delivery 1. Buyer or Engineer will inspect the Goods upon delivery solely for purposes of identifying the Goods and EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright 02000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered " uonlementary Conditions" and have been made by IL W. Beck on behalf of Buyer in conjunction with Buyer's legal counsel and insurance advisors 00700-14 r i general verification of quantities and observation of apparent condition in order to provide a basis for a progress payment. Such inspection will not be construed as final or as receipt of any Goods and Special Services that, as a result of subsequent inspections and tests, are determined to be non -conforming. 2. Within 10 days of such inspection, Buyer shall provide Seller with written notice of Buyer's determination regarding conformity of the Goods. In the event Buyer does not provide such notice, it will be presumed that the Goods appear to be conforming. 3. If, on the basis of the inspection specified in Paragraph 8.0I.B.1, the Goods appear to be conforming, Buyer's notice thereof to Seller will acknowledge receipt of the Goods. C. Final Inspection 1. After all of the Goods have been incorporated into the Project, tested in accordance with such testing requirements as are specified, and are functioning as intended, Buyer or Engineer will make a final inspection. 2. If, on the basis of the final inspection, the Goods are conforming, Buyer's notice thereof will constitute Buyer's acceptance of the Goods. 3. ` If, on the basis of the final inspection, the Goods are non -conforming, Buyer will identify the non- conformity in writing. 8.02 Non -Conforming Goods or Special Services A. If, on the basis of inspections and testing prior to delivery, the Goods appear to be non -conforming, or if at any time after Buyer has acknowledged receipt of delivery and before the expiration of the correction period described in Paragraph 8.03, Buyer determines that the Goods are non- conforming, Seller shall promptly, without cost to Buyer and in response to written instructions from Buyer, either correct such non -conforming Goods, or, if rejected by Buyer, remove and replace the non -conforming Goods with conforming Goods, including all work required for reinstallation. B. Buyer's Rejection ofNon-Conforming Goods 1. If Buyer elects to reject the Goods in whole or in part, Buyer's notice to Seller will describe in sufficient detail the non -conforming aspect of the Goods. If Goods have been delivered to Buyer, Seller shall promptly, and within the Contract Times, remove and replace the rejected Goods. 2. Seller shall bear all costs, losses and damages attributable to the removal and replacement of the non- conforming Goods as provided in Paragraph 8.02.E. 3. Upon rejection of the Goods, Buyer retains a security interest in the Goods or to the extent of any payments made and expenses incurred in their testing and inspection. C. Remedying Non -Conforming Goods or Special Services 1. If Buyer elects to permit the Seller to modify the Goods to remove the non-conformance, Seller shall promptly provide a schedule for such modifications and shall make the Goods conforming within a reasonable time. 2. If Buyer notifies Seller in writing that any of the Special Services are non -conforming, Seller shall promptly provide conforming services acceptable to Buyer. If Seller fails to do so, Buyer may delete the Special Services and reduce the Contract Price a commensurate amount. D. Buyer's Acceptance of Non -Conforming Goods 1. Instead of requiring correction or removal and replacement of non -conforming Goods discovered either before or after final payment, Buyer may accept the non- conforming Goods. Seller shall bear all costs, losses, and damages attributable to Buyer's evaluation of and determination to accept such non -conforming Goods as provided in Paragraph 8.02.E. E. Seller shall pay all claims, costs, losses, and damages, including but not limited to all fees and charges for re -inspection, retesting and for any engineers, architects, attorneys and other professionals, and all court or arbitration onother dispute resolution costs arising out of or relating to the non -conforming Goods or Special Services, including the correction or removal and replacement of the non- conforming Goods and the replacement of property of Buyer and others destroyed by the correction or removal and, replacement of the non -conforming Goods, or the obtaining of conforming Special Services from others. 8.03 Correction Period A. Seller's responsibility for correcting all non - conformities in the Goods will extend for a period of 1 year after the earlier of the date on which Buyer has placed the Goods in continuous service or the date of final payment, or for such longer period of time as may be prescribed by Laws EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Supplementary Conditions" and have been made by R W Beck on behalf of Buyer in conjunction wi huy re 's legal counsel and insurance advisors 00700-15 or Regulations or by the terms of any specific provisions of the Contract Documents. ARTICLE 9 - ROLE OF ENGINEER 9.01 Duties and Responsibilities A. The duties and responsibilities and the limitations of authority of Engineer are set forth in the Contract Documents. 9.02 Clarifications and Interpretations A. Engineer will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents as Engineer may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. Such written clarifications and interpretations will be binding on Buyer and Seller. If either Buyer or Seller believes that a written clarification or interpretation justifies an adjustment in the Contract Price or Contract Times, either may make a Claim therefore. 9.03 Authorized Variations A. Engineer may authorize minor deviations or variations in the Contract Documents by: 1) issuance of approved Shop Drawings when such change or deviation was duly noted by Seller as required in Paragraph 5.06.C.4, or 2) a Field Order. 9.04 Rejecting Non -Conforming Goods and Special Services A. Engineer will have the authority to disapprove or reject Goods or Special Services which Engineer believes to be non -conforming. 9.05 Decisions on Requirements of Contract Documents A. Engineer will be the initial interpreter of the Contract Documents and judge of the acceptability of the Goods and Special Services. Claims, disputes and other matters relating to the acceptability of the Goods and Special Services or the interpretation of the requirements of the Contract Documents pertaining to Seller's performance will be referred initially to Engineer in writing with a request for a formal decision in accordance with this paragraph. B. When functioning as interpreter and judge under this Paragraph 9.05, Engineer will not show partiality to Buyer or Seller and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by Engineer pursuant to this Paragraph 9.05 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in Paragraph 10.07) will be a condition precedent to any exercise by Buyer or Seller of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. 9.06 Claims and Disputes A. Notice: Written notice. of each Claim, dispute or other matter relating to the acceptability of the Goods and Special Services or the interpretation of the requirements of the Contract Documents pertaining to Seller's performance shall be delivered by the claimant to Engineer and the other party to the Agreement within 15 days after the occurrence of the event giving rise thereto, and written supporting data will be submitted to Engineer and the other party within 45 days after such occurrence unless Engineer allows an additional period of time to ascertain more accurate data. B. Engineer's Decision: Engineer will render a decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. Engineer's written decision on such Claim, or dispute, or other matter will be final and binding upon Buyer and Seller unless: 1. an appeal from Engineer's decision is made within the time limits and in accordance with the dispute resolution procedures set forth in Article 13.E C. If Engineer does not render a formal decision in writing within the time stated in Paragraph 9.06.13, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Supplementary Conditions" and have been made by R. W. Beck on behalf of Buv in conjunction with Buyer's legal counsel and insurance advisors 00700-16 t 1 D Engineer will have no responsibility or authority: 1 to direct Seller's means, methods, techniques sequences or procedures for furnishing the Goods or Special Services or for safety precautions and programs incident thereto - 2. to inspect, observe, approve or verify compliance of any maintenance, operation or safety practices or procedures related to furnishing the Goods and Special Services. 3 to perform any construction operations at the Project site or provide construction site security with its personnel. 4 to order changes in the Goods or Special Services which will result in changes to Contract Price or Times. 5 to suspend all or any portion of Seller's �eratjons. 6 to terminate all or any portion of the Agreement. 7 to make final acceptance of all or any portion of the Goods and Special Services. or 8 to operate or maintain any portion of the Goods. ARTICLE 10 - PAYMENT r�10.01 Applications for Progress Payments A. Seller shall submit to Buyer for Engineer's review Applications for Payment filled out and signed by Seller and L accompanied by such supporting documentation as is required by the Contract Documents and also as Buyer or Engineer may reasonably require. The timing and amounts of progress payments shall be as stipulated in the Agreement. 2. The seeexd first Application for Payment will be submitted after receipt of the Goods has been acknowledged in accordance with Paragraph 8.01.13 and will be accompanied by a bill of sale, invoice or other documentation satisfactory to Buyer warranting that Buyer has rightfully received good title to the Goods from Seller and that the Goods are free and clear of all liens. Such documentation will include releases and waivers from all parties with viable lien rights. In the case of multiple deliveries of Goods, additional Applications for Payment accompanied by the required documentation will be submitted as Buyer acknowledges receipt of additional items of the Goods. 10.02 Review of Applications for Progress Payments A. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Buyer, or return the Application to Seller indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Seller may make the necessary corrections and resubmit the Application. 1. Engineer's recommendation of payment requested in the first Application for Payment will constitute a representation by Engineer, based on Engineer's review of the Application for Payment and the accompanying data, that the Shop Drawings and Samples have been reviewed and approved as required by the Contract Documents and Seller is entitled to payment of the amount recommended; and 2. Engineer's recommendation of payment requested in the Application for Payment submitted upon Buyer's acknowledgment of receipt of the Goods will constitute a representation by Engineer, based on Engineer's review of the Application for Payment and the accompanying data Seller is entitled to payment of the amount recommended. Such recommendation will not constitute a representation that Engineer has made a final inspection of the Goods, that the Goods are free from non-confonnities, acceptable or in conformance with the Contract Documents, that Engineer has made any investigation as to Buyer's title to the Goods, that exhaustive or continuous inspections have .been made to check the quality or the quantity of the Goods beyond the responsibilities specifically assigned to Engineer in the Contract Documents or that there may not be other matters or issues between the parties that might entitle Seller to additional payments by Buyer or Buyer to withhold payment to Seller. 3. Engineer may refuse to recommend that all or any part of a progress payment be made, or Engineer may nullify all or any part of any payment previously recommended if, in Engineer's opinion, such recommendation would be incorrect or if on the basis of subsequently discovered evidence or subsequent inspections or tests Engineer considers such refusal or nullification necessary to protect Buyer from loss because the Contract Price has been reduced, Goods are found to be non -conforming, or Seller has failed to furnish acceptable Special Services. EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Supplementary Conditions" and have been made by R W Beck on behalf of Buyer in conjunction with Buyer's legal counsel and insurance advisors 00700-17 10.03 Amount and Timing of Progress Payments A. Subject to Paragraph 10.02.A., the amounts of the progress payments will be as provided in the Agreement. Buyer shall within 30 days after receipt of each Application for Payment with Engineer's recommendation pay Seller the amount recommended; but, in the case of the Application for Payment upon Buyer's acknowledgment of receipt of the Goods, said 30 -day period may be extended for so long as is necessary (but in no event more than 60 days) for Buyer to examine the bill of sale and other documentation submitted therewith. Buyer shall notify Seller promptly of any deficiency in the documentation and shall not unreasonably withhold payment. 10.04 Suspension of or Reduction in Payment A. Buyer may suspend or reduce the amount of progress payments, even though recommended for payment by Engineer, under the following circumstances: 1. Buyer has reasonable grounds to conclude that Seller will not furnish the Goods or the Special Services in accordance with the Contract Documents, 2. Buyer has requested in writing assurances from Seller that the Goods or Special Services will be delivered or furnished in accordance with the Contract Documents, and Seller has failed to provide adequate assurances within 10 days of Buyer's written request. B. If Buyer refuses to make payment of the full amount recommended by Engineer, Buyer will provide Seller and Engineer immediate written notice stating the reason for such action and promptly pay Seller any amount remaining after deduction of the amount withheld. Buyer shall promptly pay Seller the amount withheld when Seller corrects the reason for such action to Buyer's satisfaction. 10.05 Final Application for Payment A. After Seller has corrected all non -conformities to the satisfaction of Buyer and Engineer, furnished all Special Services, and delivered all documents required by the Contract Documents, including those specified in Section 01200. Engineer will issue to Buyer and Seller a notice of acceptability. Seller may then make application for final payment following the procedure for progress payments. The final Application for Payment will be accompanied by all documentation called for in the Contract Documents, a list of all unsettled claims and such other data and information as Buyer or Engineer may reasonably require. 10.06 Final Payment A. If, on the basis of the review of the final Application for Payment and accompanying documentation, Engineer is satisfied that the Goods and Special Services have been furnished in accordance with the Contract Documents, and that Seller's other obligations under the Contract Documents have been fulfilled, Engineer will, within 10 days after receipt of the final Application for Payment, recommend in writing final payment subject to the provisions of Paragraph 10.07 and present the Application to Buyer. Otherwise, Engineer will return the Application to Seller, indicating the reasons for refusing to recommend final payment, in which case Seller shall make the necessary corrections and resubmit the Application. If the Application and accompanying documentation are appropriate as to form and substance, Buyer shall, within 30 days after receipt thereof, pay Seller the amount recommended by Engineer. 10.07 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Buyer against Seller, except Claims arising from unsettled liens and Claims, from non -conformities in the Goods or Special Services appearing after final payment, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Seller's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Seller against Buyer other than those previously made in accordance with the requirements herein and expressly noted in writing by Seller as still unsettled in its final Application for Payment. ARTICLE 11 - CANCELLATION, SUSPENSION, AND TERMINATION 11.01 Cancellation A. Buyer has the right to cancel the Contract, without cause, at any time prior to delivery of the Goods by written notice. Cancellation pursuant to the terms of this paragraph shall not constitute a breach of contract by Buyer. Upon cancellation: 1. Buyer shall pay Seller for Goods, specially manufactured for the Project, plus any documented reasonable direct and indirect costs incurred by Seller in producing such Goods not recovered by payment for the reasonable value of the Goods. EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. odifications shown are considered "Supplementary Conditions" and have been made by & W. Beck on behalf of Buver in conjunction with Buyer's legal counsel and insurance advisors 00700-18 2. For Goods which are not specially manufactured for the Project, Seller shall be entitled to a restocking charge of 10 percent of the unpaid Contract Price of such Goods. 11.02 Suspension of Performance by Buyer A. Buyer has the right to suspend performance of the Contract, without cause, by written notice. Upon suspension under this paragraph, Seller shall be entitled to an increase in the Contract Times and Contract Price caused by the suspension, provided that performance would not have been suspended or delayed for causes attributable to Seller. 11.03 Suspension of Performance by Seller A. Subject to the provisions of Paragraph 5.07.13, Seller may suspend the furnishing of the Goods and Special Services only under the following circumstance: 1. Seller has reasonable grounds to conclude that Buyer will not perform its future payment obligations under the Contract. ("Reasonable grounds" shall not include a pending dispute or disagreement with Buyer) and, 2. Seller has requested in writing assurances from L Buyer that future payments will be made in accordance with the Contract, and Buyer has failed to provide such assurances within 10 days of Seller's written request. 11.04 Breach and Termination A. Buyer's Breach 1, Buyer shall be deemed in breach of the Contract if it fails to comply with any material provision of the Contract Documents, including but not limited to: t. . a. wrongful rejection or revocation of Buyer's : L] acceptance of the Goods, b. failure to make payments in accordance with the Contract Documents, or c. wrongful repudiation of the Contract. 2. Seller shall have the right to terminate the 1 Contract for cause by declaring a breach should Buyer LJ fail to comply with any material provisions of the Contract. Upon termination, Seller shall be entitled to all remedies provided by Laws and Regulations. a. In the event Seller believes Buyer is in breach of its obligations under the Contract, Seller shall provide Buyer with reasonably prompt written notice setting forth in sufficient detail the reasons for declaring that it believes a breach has occurred. Buyer shall have 7 days from receipt of the written notice declaring the breach (or such longer period of time as Seller may grant in writing) within which to cure the alleged breach. B. Seller's Breach 1. Seller shall be deemed in breach of the Contract if it fails to comply with any material provision of the Contract Documents, including, but not limited to: a. failure to deliver the Goods or perform the Special Services in accordance with the Contract Documents, b. wrongful repudiation of the Contract, or c. delivery or furnishing of non -conforming Goods or Special Services. 2. Buyer may terminate Seller's right to perform the Contract for cause by declaring a breach should Seller fail , to comply with any material provision of the Contract Documents. Upon termination, Buyer shall be entitled 'to all remedies provided by Laws and Regulations. a. In the event Buyer believes Seller is in breach of its obligations under the Contract, and except as provided in Paragraph 11.04.B:2.b, Buyer shall provide Seller with reasonably prompt written notice setting forth in sufficient detail the reasons for declaring that it believes a breach has occurred. Seller shall have 7 days from receipt of the written notice declaring the breach (or such longer period of time as Buyer may grant in writing) within which to cure the alleged breach. b. If and to the extent that Seller has provided a performance bond under the provisions of Paragraph 4.01, the notice and cure procedures. of that bond, if any, shall supersede the notice and cure procedures of Paragraph 11.04.B.2.a. ARTICLE 12 - LICENSES AND FEES 12.01 Intellectual Property and License Fees A. Unless specifically stated elsewhere in the Contract Documents, Seller is not transferring any intellectual EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright 02000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Supplementary Conditions" and have been made by R W. Beck on behalf of Buyer an con,jll„,•tij with Buyer's legal counsel and insurance advisors 00700-19 property. rights, patent rights, or licenses for the Goods delivered. However, in the event the Seller is manufacturing to Buyer's design, Buyer retains all intellectual property rights in such design. B. Seller shall pay all license fees and royalties and assume all costs incident to the use or the furnishing of the Goods, unless specified otherwise by the Contract Documents. 12.02 Seller's Infringement A. Subject to Paragraph 12.0l.A, Seller shall indemnify and hold harmless Buyer, Engineer and their officers, directors, partners, employees, agents, consultants, contractors, and subcontractors from and against all claims, costs, losses, damages, and judgments (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement or alleged infringement of any United States or foreign patent or copyright by any of the Goods delivered hereunder. B. In the event of suit or threat of suit for intellectual property infringement, Buyer will notify Seller within a reasonable time of receiving notice thereof. C. Upon written demand from Buyer, Seller shall be given the opportunity to defend the claim or suit, including negotiating a settlement. Seller shall have control over such claim or suit, provided that Seller agrees to bear all expenses and to satisfy any adverse judgment thereof. 1. If Seller fails to defend such suit or claim after written demand by Buyer, Seller will be bound in any subsequent suit or claim against Seller by Buyer by any factual determination in the prior suit or claim. 2. If Buyer fails to provide Seller the opportunity to defend such suit or claim after written demand by Seller, Buyer shall be barred from any remedy against Seller for such suit or claim. D. If a determination is made that Seller has infringed upon intellectual property rights of another, Seller may obtain the necessary licenses for Buyer's benefit, or replace the Goods and provide related design and construction as necessary to avoid the infringement at Seller's own expense. 12.03 Buyer's Inftingement A. Buyer shall indemnify and hold harmless Seller, and its officers, directors, partners, employees, agents, consultants, contractors, and subcontractors from and against all claims, costs, losses, damages, and judgments (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement or alleged infringement of any United States or foreign patent or copyright caused by Seller's compliance with Buyer's design of the Goods or Buyer's use of the Goods in combination with other materials or equipment in any process (unless intent of such use was known to Seller and Seller had reason to know such infringement would result). B. In the event of suit or threat of suit for intellectual property infringement, Seller must within a reasonable time after receiving notice thereof notify Buyer. C. Upon written demand from Seller, Buyer shall be given the opportunity to defend the claim or suit, including negotiating a settlement. Buyer shall have control over such claim or suit, provided that Buyer agrees to bear all expenses and to satisfy any adverse judgment thereof. 1. If Buyer fails to defend such suit or claim after written demand by Seller, Buyer will be bound in any subsequent suit or claim against Buyer by Seller by any factual determination in the prior suit or claim. 2. If Seller fails to provide Buyer the opportunity to defend such suit or claim after written demand by Buyer, Seller shall be barred from any remedy against Buyer for such suit or claim. 12.04 Reuse of Documents A. Neither Seller nor any other person furnishing any of the Goods or Special Services under a direct or indirect contract with Seller shall: (1) acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media versions; or (2) reuse any of such Drawings, Specifications, other documents, or copies thereof on any other project without written consent of Buyer and Engineer and specific written verification or adaptation by Engineer. This prohibition will survive termination or completion of the Contract. Nothing herein shall preclude Seller from retaining copies of the Contract Documents for record purposes. ARTICLE 13 - DISPUTE RESOLUTION 13.01 Dispute Resolution Method A. Disputes between Buyer and Seller will be resolved b )i Engineer's review and judgmen as set fefffi in the EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Supplementary Conditions" and have been made by & W. Beck on behalf of Buyer in conjunction with Buyer's legal counsel and insurance advisors 00700-20 I I Supplementary Conditions. if ne method and pr-eeedure has been set fefth, and subject to the provisions of Paragraphs 9.05 and 9.0 6, Buyer- and Seller may exefeise sueh rights E) r-emedies as the), have under- ContfellingT e... • iil senior management mediation: iii) formal mediation: and iv) arbitration as set forth below. B. If an Engineer's decision is appealed in accordance with Paragraph 9.06, the Buyer and Seller shall then attempt to resolve the dispute directly. If the Buyer and Seller are unable to resolve such dispute within 15 days, unless such time period is extended by agreement of both parties, the dispute shall be submitted to the senior management of the both the Buyer and Seller for resolution. 13.02 Mediation A. If a dispute cannot be resolved by senior management after 15 days. Buyer and Seller agree that they r may submit any and all unsettled Claims or counterclaims, ' disputes or other matters in question between them arising E out of or relating to the Contract Documents or the breach thereof to mediation by the American Arbitration Association under the Construction Industry Mediation Rules prior to either of them initiating against the other a demand for arbitration pursuant to Paragraph 13.03. The 30 r day time limit within which to file -a demand for arbitration as provided in Paragraphs 13 03 B and 13.03.0 shall be suspended with respect to _a dispute submitted to mediation within that time limit and shall remain suspended until 10 F days after the termination of the mediation as detennined by the- mediator in writing. The mediator of any dispute ` submitted to mediation under this agreement shall not serve as arbitrator of such dispute unless otherwise agreed. r 13.03 Arbitration i A. All Claims or counterclaims disputes or other matters in question between Buyer and Seller arising out of or relating to the Contract Documents or the breach thereof (except for Claims which have been waived by the making or acceptance of final payment as provided by Paragraph 10.07) not resolved under the provisions of Paragraph 13.02 will be decided by binding arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association subject to the conditions and limitations of this Paragraph. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction under Paragraph 14.02B. on which Engineer has rendered a written decision, or (ii) the 31st day after the parties have presented their final evidence to Engineer if a written decision has not been rendered by Engineer before that date. Subject to the provisions of Paragraph 13.02.A, no demand for arbitration of any such Claim or counterclaim, dispute, or other matter will be made later than 30 days' after the date on which Engineer has rendered a written decision in respect thereof in accordance with Paragraph 9.06; and the failure to demand arbitration within said30 day period will result in Engineer's decision being final and binding upon Buyer and Seller. If Engineer renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. C. Notice of the demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider, and a copy will be sent to Engineer for information The demand for arbitra- tion will be made within the 30 day period specified in Paragraph 13.03.B, and in all other cases within --a reasonable time after the Claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such Claim or other dispute or matter in question would be - barred by the applicable statue of limitations. D. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or m anv other manner any other individual or entity (including Engineer and Engineer's consultants and the officers, directors, partners, agents, employees or consultants_of anv of them) who is not a party to this Contract unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration or it js claimed by any party to the arbitration that such individual or entity is liable or responsible for some or all of the damages claimed in the litigation proceedings: and 2 such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. ' B No demand for arbitration of any Claim or counterclaim, dispute, or other matter that is required to be referred to Engineer initially for decision in accordance with Paragraph 9.05 will be made until the earlier of: (i) the date t—) EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Supplementary Conditions" and have been made by &W, Beckon behalf of Buyer, in conjunction with Buyer's _legal nuncel and insurance advisors L � 11] 00700-21 E. The award rendered by the arbitrator shall be in writing and include: (i) a concise breakdown of the award. - (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award. F. The award will be consistent with the agreement of the parties and final. Judgment may be entered upon it in any court having jurisdiction under Paragraph 14.02, and it will not be subject to modification or anneal. ARTICLE 14 - MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 14.02 Controlling Law, Jurisdiction and Venue A. This Contract is to be governed by the law of the state in which the Point of Destination is located. B. The parties agree that anv actions or legal proceedings authorized or permitted by this Agreement or arising hereunder shall be filed in the California state courts in Mendocino County. each Dartv consenting to the jurisdiction and venue of such courts. 14.03 Computation of Time Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 14.05 Survival of Obligations A. All representations, indemnifications, warranties and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Goods or Special Services and termination or completion of the Agreement. A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law in the City -of Ukiah of the applieable , such day shall be omitted from the computation. 14.04 Cumulative Remedies i A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise ' imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. Modiflcations shown are considered "Supplementary Conditions" and have been made by R. W. Beck on behalf of Buyer in con junction with Buyer's legal counsel and insurance advisors .l 00700-22 SECTION 00900 ADDENDUM NO. 1 PROCUREMENT CONTRACT NO. 01236-P4 15 -kV Metal -Clad Switchgear and Control Building Orchard Substation City of Ukiah NOTICE is hereby given that the Contract Documents are modified as follows. Changes on replacement pages are identified by bold italic text for additions and strikeout for deletion. Delete the following Pages: 16350-28 Delete the following Drawings: N/A Issued by: R. W. BECK, INC. P. Anthony Hanson, P.E. Senior Project Manager Issue Date: February 17, 2010 Add the following Pages: 16350-28(1) Add the following Drawings: N/A PROJECT NO. 01236-P4/ISSUED FOR BID 00900-1 ADDENDUM NO. 1 [THIS. PAGE IIT ]IMONALLY t -E T BLANKI SECTION 00900 ADDENDUM NO. 2 PROCUREMENT CONTRACT NO. 01236-P4 15 -kV Metal -Clad Switchgear and Control Building Orchard Substation City of Ukiah NOTICE is hereby given that the Contract Documents are modified as follows. Changes on replacement pages are identified by bold italic text for additions and str-ikeoufor deletion. Delete the following Pages: 00410-3 00510-1 00520-2 Delete the following Drawings: 1236-705.0 Issued by: R. W. BECK, INC. P. Anthony Hanson, P.E. Senior Project Manager Issue Date: February 25, 2010 Add the following Pages: 00410-3(2) 00510-1(2) 00520-2(2) Add the following Drawings: 1236-705.1 PROJECT NO. 01236-P4/ISSUED FOR BID 00900-2 ADDENDUM NO. 2 (THIS. PAGE iN`I'EIMONAL•1 Y LRFr $j-ANKI . SECTION 01110 SUMMARY OF WORK PART 1 GENERAL 1.01 SECTION INCLUDES A. Description of Goods B. Work by Buyer 1.02 DESCRIPTION OF GOODS A. Design, manufacture, and test one (1) 15 -kV metal -clad switchgear and control building with spare parts. B. Deliver switchgear and control building F.O.B. to Buyer's foundation. C. Unload, assemble and test switchgear and control building under the direction of the substation contractor. D. Provide five days of operator training of switchgear. 1.03 WORK BY BUYER A. Buyer will furnish Substation Contractor who will complete the following work: 1. Site preparation 2. Foundation construction 3. Substation erection 4. Substation final testing and energization PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION PROJECT NO. 01236-P4/ISSUED FOR 01110-1 SUMMARY OF WORK CONSTRUCTION (THIS PAGE iNT EIMONAL-I Y LF -Fr BLANKI l SECTION 01200 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A. Payment Procedures B. Change Procedures C. Correlation of Seller Submittals D. Attachments l 1.02 PAYMENT PROCEDURES l A. Submit 3 copies of each Applications for Payment in accordance with Article 7 of the Agreement based upon the Application for Payment form included at end of this Section. B. Seller may request 90% of total payment when equipment is accepted at the site. C. Seller may request remaining 10% of total payment after equipment has been. inspected and documentation received. D. Submit data justifying dollar amounts in question when Engineer requires substantiating information. 1.03 CHANGE PROCEDURES A. Engineer may advise of minor deviations, variations, or changes in the Contract Documents not involving an adjustment to Contract Price or Contract Time by approval of changes or deviations in Shop Drawings and by Field Order in accordance with Paragraph 9.03 of the General Conditions. B. Buyer or Engineer may change the Contract Documents as authorized by General Conditions by issuing a detailed description of a proposed change with supplementary or revised Drawings and Specifications. Seller shall respond in accordance with paragraph 7.01 B. of the General Conditions. C. Seller may propose a change by submitting request for change to Engineer and describe the proposed change and its full effect on the Goods and Special Services in accordance with paragraph 5.06 CA. (Shop Drawings) and Article 7 of the General Conditions. Describe the reason for the proposed change and the effect on the Contract Price and Contract Time with full documentation (and a statement describing the effect on Goods and Special Services by separate or other PROJECT NO. 01236-P4/ISSUED FOR 01200-1 PRICE AND PAYMENT PROCEDURES CONSTRUCTION contractors). "Or Equals" shall be considered in accordance with Paragraph 5.04 of the General Conditions. D. Change Orders shall be prepared in accordance with Article 7 of the General Conditions based on the Change Order form included at end of this Section. 1.04 CORRELATION OF SELLER SUBMITTALS A. Promptly revise progress schedules to reflect any change in Contract Time and revise sub -schedules to adjust time for other items of the Goods and Special Services affected by the change. B. Promptly enter changes in Project Record Documents. 1.05 ATTACHMENTS A. Application for Payment B. Change Order Form PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION PROJECT NO. 01236-P4/ISSUED FOR 01200-2 PRICE AND PAYMENT PROCEDURES CONSTRUCTION 0 Z 0 0 f-+ o o 0 co E T O co ,It U o L cfl e» �» e» e» <» cfl e» cs> O O Orl- m o @ @ LL Z m a) Qj O _ O O 0 o U O O C C 4 0 � O 0 ■O 2 a U @ @ Cl fa C @ U W c : O > W Y ¢ W t FW- Q U v U Q Q E W Lo @ 00 J c C9 @ "O c li +NI U7 R ,� - t0 Z _ J - a) a) LL LO V/ J w w O J v O W m O O W W O @ J F- Q. E co co W N J W CL a Z W al cl W J n. N J J _ O Q CL Q L /'/W^ V/ Q @ Q W 0 O W m a N z° z V z w J (L �, c C7 U) W 'L ° fl T 00 W x :a J O c O 'O J m F- O 11. t7 Q o d N W F- W w m F- W - a c fl Z 0 W J E Z :Dy IO Z a Z Z E .. N : a -0 O a HQ O m o c (D a) O d Z U p F- U W .Q 6 W 0 n O E T �-- N M 'd' N v, N W TN m Q CL d Ln Q O O z c O N @- N O >>U9Uc U U O 0-0-0 a) O O N.. d @ a) @ U U c 21 N .@ LO @> @ (n E U @ N N O 7 y C` N U a) O a) > "O 3 C N 5 a) Q U U. Q C o 0 @ E a)�a� wQ @ Q3_in O 0 O@ — E 5:5 N c O (1) - U ...� C. O (T6 d U C>:,_0 N N U 019 C p N@ a @ n>owaloN2co p -� L M 0 E U C> y C E O 00 U C 0 (O a) O) OU a) co L E m o a @ E n n � (o (n O. 0 0 0 j U >, O O c�m a) -O u) 00 O 0 �mC7� U O -0 y @ ulu)Ern—`0 J oµ un�c@� W 6 Q a) @ (.),--o - a U) Z w @ @ 0)N (L) E — Z y f.% 2 E.0 °1 �U 0 Nn0c3cac� Q @ z '§ N Q. 0 a)� E @ Tq m (� @ (1 `n a) LL U06)ad0mcc J Q m U) O CO O O p T O C m @@ (� O vl O C C'7 LL Z U @ O W C7 W c O W U N O O 7@ 7 U > T O O ~ Q Q' a 0 LL @ N C (n �l U N a) C 0 M TW O Q U E U (9 n o C'�2) CIL C) a �_ U a) Z w Q W -O Z)� Q a) (D c L. U @ J > Z 2 U J �mNoul-J Via) O o a a w a) E;6 >, @ o Q) cod U Q Q in I-�.o9nomCd m [THIS. PAGE ITTENTIORALLY LEFT BLANKI CHANGE ORDER NO. FORM P-006363 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Date of Effective Date: Issuance: Project: Buyer: Buyer's Contract No.: Contract: Date of Contract: Seller: Engineers Project No.: The Contract Documents are modified as follows upon execution of this Change Order: Description: Attachments: (List documents supporting change): Original Contract Price: Original Contract Times: ❑ Working days ❑ Calendar days Substantial completion (days or date): $ Ready for final payment (days or date): [Increase] [Decrease] from previously approved Change [Increase] [Decrease] from previously approved Change Orders Orders No. ## to No. ##: No. ## to No. ##: Substantial completion (days): $ Ready for final payment (days): Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion (days or date): $ Ready for final payment (days or date): [Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order: Substantial completion (days or date): $ Ready for final payment (days or date): Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial completion (days or date): $ Ready for final payment (days or date): RECOMMENDED: By: Engineer (Authorized Signature) ACCEPTED: By: Buyer (Authorized Signature) ACCEPTED: By: Date: Date: Date: Approved by Funding Agency (if applicable): Date: Seller (Authorized Signature) Change Order Instructions FORM P-006363 A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Change Request must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE'ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Seller, or requests from Buyer, or both. Once Engineer has completed and signed the form, all copies should be sent to Buyer or Seller for approval, depending on whether the Change Order is a true order to the Seller or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. C. FULL AND COMPLETE COMPENSATION Upon execution by representatives authorized to bind the parties, this Change Order will become a part of the Contract Documents. The consideration specified in the Change Order (whether an adjustment of the contract price, an adjustment of time, and/or other consideration) is the full and sole compensation owed to Seller as a result of the changes and issuesdescribed in this Change Order. Such consideration includes, but is not limited to, any and all direct and indirect costs incurred by Seller as a result of the changes and issues described in this Change Order for any labor, equipment, materials, overhead (additional, extended, field or home office), profit, or time adjustments. By signing this Change Order, Seller waives and releases Buyer from any and all claims for additional compensation concerning any of the changes and issues specified in this Change Order. SECTION 01330 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A. Submittal procedures B. Shop drawings and samples C. Manufacturer, installation instructions D. Manufacturer certificates E. Project record documents 1.02 SUBMITTAL PROCEDURES A. Attach a copy of the Transmittal Form, which is included at the end of this Section or available on request, to each group of documents submitted, using a sufficient number of transmittal forms so that: 1. Items on a single transmittal form pertain to the same section of the Contract Documents; and 2. Items on. a single transmittal form are either original submittals or the same number resubmittal: B. Schedule submittals to expedite furnishing the Goods and Special Services. Deliver each submittal to Engineer with copy to Buyer at following addresses. Coordinate submission of related items. 1. Address correspondence to Engineer as follows: R.W. Beck, Inc. 131 Saundersville Road, Suite 300 Hendersonville, TN 37075 Attention: P. Anthony Hanson, P.E., Project Manager Procurement Contract No. 01236-P4 2. Address correspondence to Buyer as follows: CITY OF UKIAH 411 West Clay Street Ukiah, CA 95482 l Attention: Ms. Mary Horger Procurement Contract No. 01236-P4 PROJECT NO. 01236-P4/ISSUED FOR 01330-1 SUBMITTAL PROCEDURES CONSTRUCTION C. Present submittals in a clear and thorough manner and use sheet size of not. less than 8'/z" x 11"; and not more than 24" x 36". Provide space for Seller and Engineer review stamps. D. Number each submittal item consecutively and insert the number in the space provided on the transmittal form. Assign resubmitted items the same submittal item number as the original with a suffix of a sequential letter to indicate it .is a resubmitted item. (For example, the first resubmittal of submittal item 25 would be number 25A.) E. Submittals which are not transmitted using a fully completed transmittal form may be returned along with unreviewed items. Returned submittal items, even though incomplete, will be counted as a submittal in accordance with the General Conditions. F. Revise and resubmit items as required. Identify all changes made since previous submittal. Distribute copies of reviewed submittal items to concerned parties. Instruct parties to promptly report any inability to comply with provisions. 1.03 SHOP DRAWINGS AND SAMPLES A. Submit in accordance with paragraph 5.06 of the General Conditions.. B. Submission of any Shop Drawing or sample bearing Seller's approval shall constitute a representation to Buyer and Engineer that the requirements of paragraph 5.06.C. the General Conditions has been fulfilled. C. Submit the following quantities: • Shop drawings - One electronic copy and three 11" x 17" paper copies including pre-printed manufacturers' data, brochures, suppliers' information, testing reports, certifications, and manufacturer's instructions, and manufacturer's installation instructions to Engineer, and one 11" x 17" paper copy including pre-printed manufacturers' data, brochures, suppliers' information, testing reports, certifications, and manufacturer's instructions, and manufacturer's installation instructions to Buyer. • Samples - Two of each item required for evaluation. D. Identify variations from Contract Documents in accordance with paragraph 5.06 CA. of the General Conditions. Identify material and equipment or system limitations which may be detrimental to successful performance of the completed Goods and identify reasons therefore. PROJECT NO. 01236-P4/ISSUED FOR 01330-2 SUBMITTAL PROCEDURES CONSTRUCTION E. Engineer will complete review in accordance with paragraph 5.06 of the General Conditions and will return reviewed submittal items to Seller. with one of the following markings: "Approved" indicates submittal has been reviewed and appears to be in conformance with requirements of the Contract Documents. Proceed as shown on the submittal. "Make Corrections Noted" indicates submittal appears to be in conformance with requirements of the Contract Documents. Incorporate the corrections noted and proceed as shown on the submittal. No resubmittal is required. "Amend Resubmit" indicates submittal does not appear to be in conformance with the Contract Documents. Engineer's comments will be noted on the submittal or in a separate letter. Re -check, make necessary revisions and resubmit. l "Submittal Not Required, No Action Taken" indicates that the submittal is J not called for by the Contract Documents and that Engineer has not reviewed the material. "Reference" indicates submittal will be used as reference material. and will not be reviewed by the Engineer. F. "Or -Equal" items shall be submitted and will be processed in accordance with paragraph 5.04 of the General Conditions. 1.04 MANUFACTURER INSTALLATION INSTRUCTIONS A. When specified in individual Specification Sections, submit printed instructions for delivery, storage, assembly, installation, startup, adjusting, and finishing, to Engineer for review, in quantities specified above. B. Indicate special procedures, perimeter conditions requiring special attention and special environmental criteria required for application or installation. 1.05 MANUFACTURER CERTIFICATES A. When specified in individual Specification Sections, submit manufacturers' certificate to Engineer for review, in quantities specified above, indicating material or equipment conforms to or exceeds specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate. ` B. Certificates may be recent or previous test results on material or equipment, but must be acceptable to Engineer. :J PROJECT NO. 01236-P4/ISSUED FOR 01330-3 SUBMITTAL PROCEDURES CONSTRUCTION 1.06 PROJECT RECORD DOCUMENTS A. Submit full set of record documents to Engineer with claim for final Application for Payment. Coordinate with closeout procedures in accordance with Section 01770. B. Maintain one set of the following record documents; record actual revisions to the Good;. 1. Drawings 2. Specifications 3. Addenda 4. Changes to the. Contract Documents 5. Reviewed submittal items (including shop drawings, material and equipment data, and samples) C. Specifications - Legibly mark and record at each "Part 2 - Products" section description of actual equipment and material furnished, including the following. 1. Manufacturer's name and equipment and material model and number 2. Material and equipment substitutions or alternates utilized 3. Changes made by Addenda 4. Changes made by changes to the Contract Documents D. As -Built Drawings: 1. Media a. Three sets of 11" x 17" prints b. AutoCAD Version 2008 or compatible format on CD-ROM disks 2. Distribution a. Submit three copies of the outline drawing stamped "For Construction" to Engineer at least six weeks prior to shipment. b. Submit remaining materials to the Engineer upon completion. E. Factory Test Results 1. Submit factory test results for approval at least 10 days prior to shipment. PROJECT NO. 01236-P4/ISSUED FOR 01330-4 SUBMITTAL PROCEDURES CONSTRUCTION F. As -Built Drawings: Submit three sets of 11"x17" As -Built Drawings to the } Engineer upon completion. In addition, submit electronic copies of the As -Built drawings in AutoCAD version 2008 or compatible format via email to the I Engineer. Engineer's email address is: ahanson@rwbeck.com. G. As-Builts incorporating Field Changes: After the equipment has been placed into satisfactory operation, the Seller shall revise all drawings to reflect field changes, if any, made to the equipment. The Buyer will provide this information to the Seller. Submit to the Buyer and Engineer necessary copies of revised drawings for the Operations and Maintenance Manuals. H. Operation, Maintenance and Installation Manual(s) 1. Submit data on 8'/z" by 11" text pages, bound in three slant D ring binders with durable plastic covers. 2. Prepare binder cover with printed title "OPERATION, MAINTENANCE AND INSTALLATION MANUAL", title of project, and subject matter of binder when multiple binders are required. 3. Internally subdivide the binder contents with permanent page dividers, logically organized as described below; with tab titling clearly printed under reinforced laminated plastic tabs. 4. Prepare a Table of Contents for each volume, with material, equipment, or system description identified, typed on white paper, in three parts as follows: 1 Part 1: Directory, listing names, addresses, and telephone numbers of Engineer, Seller, Subcontractors, and major component I suppliers. Part 2: Operation, maintenance, and installation instructions, arranged by Bid item and subdivided by specification section. For 1 each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Identify the following: • Significant design criteria • List of equipment • Parts list for each component • Operating instructions • Maintenance instructions •. Maintenance instructions for special finishes, including recommended cleaning methods and materials, and special precautions identifying detrimental agents • Installation instructions • Material Safety Data Sheets PROJECT NO. 01236-P4/ISSUED FOR 01330-5 SUBMITTAL PROCEDURES CONSTRUCTION Part 3: Project documents and certificates, including the following: • . Shop drawings, material and equipment data, manufacturer prepared technical literature • Certified factory test results • Photocopies of warranties 5. Submit one draft copy of completed volumes 15 days prior to final inspection. This copy will be reviewed and returned after final inspection, with Engineer comments. Revise content of all document sets as required prior to final submission. 6. Submit two sets of revised final volumes within 14 days after final inspection. G. Warranties 1. Furnish duplicate notarized copies of warranty documents that are executed and transferable from subcontractors, suppliers, and manufacturers. 2. Submit prior to final Application for Payment. 1.07 ATTACHMENTS A. Transmittal Form RWB465C PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION PROJECT NO. 01236-P4/ISSUED FOR 01330-6 SUBMITTAL PROCEDURES CONSTRUCTION c O X W z O y C" m cn C] c � •° z o uj w y UU Cd 0 ¢ ce z o sbi cn F Z 0 C O O LI O W N �' U ro o j o opo o U I U Q o E CD' 'r � o. W Q ¢ G C4 o H z F - � ¢� 0 ¢ Q z 3 < 3 0 x U 0 U ❑ ❑ U W U o] O p Z ¢ O � U N U •Y � z c 0 a 0❑ V) U ¢ W U cd U Q C/) O N C El El Elz� � � ¢' 0 W N cn O Y N x N A. EI cd U F Cs.. O O O O X H cid -O ^O z C U �. U N z U c F E W w 3 y o 0 Cd y C]O Y 0 Cd E- z aj2 W Q ¢ W E^ O Y Y fl y H a Cd .� 3 �•3 3� 3c o z A .. O T�� W ° OZ 0U Q U tr° ci o}0 (THIS. PAGE WTEN'1'IONALLY LEFT BLANKI SECTION 01400 QUALITY REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Seller Responsibilities B. Manufacturer's Field Services C. Source Quality Control Procedures D. Non -Conforming Goods E. Correction Period 1.02 SELLER RESPONSIBILITIES A. Meet the following criteria in connection with the Goods and Special Services. 1. Seller a. Experience in supply or manufacturing of equipment comparable to that required by the Contract Documents as a prime manufacturer, as a component manufacturer, or as an equipment supplier. 2. Manufacturer's field service engineers a. Trained field service personnel who are thoroughly familiar, in detail, with all of the Goods to be furnished, capable of directing any major or minor repair work which may be required on the Goods, and who have had experience in the repair of comparable equipment over a period of time. 1.03 MANUFACTURER'S FIELD SERVICES (SPECIAL SERVICES) A. Arrange and pay for manufacturer's field service engineers to provide Special Services at the Project site under the supervision and direction of Buyer's construction contractor: Upon written notice from the Buyer in accordance with the Agreement, provide manufacturer's field service engineer to perform Special Services as specified and confirm to Buyer and Engineer five days in advance of scheduled arrival of manufacturer's field service engineer. PROJECT NO. 01236-P4/ISSUED FOR 01400-1 QUALITY REQUIREMENTS CONSTRUCTION B. Manufacturer's Field Service Engineer's General Responsibilities (under the supervision and direction of Buyer's construction contractor). 1. Perform services typically provided for the type of equipment purchased 2. Assist as required with field assembly and supervise field repairs before acceptance of the Goods. 3. Instruct operating personnel in proper use of the Goods. 4. Field Testing a. Furnish, set up and operate test equipment and facilities at no additional cost to Buyer. Perform checks and tests in accordance with the Specifications, manufacturer's recommendations, and referenced testing standards. b. Evaluate the test results and advise Engineer immediately of any discrepancy between test results and test limits or the failure of any device or system under test. Include test limits for acceptability applicable to each test on the certified test records. Record test information, including the evaluation of testing results, on forms approved by Engine6r. c: Assume responsibility for loss or damage to the Goods as a result of testing and for replacing damaged Goods including removal of damaged Goods, furnishing, transportation, unloading, and installation of replacement Goods. C: Protect the Goods after testing and checking to provide that subsequent testing of other equipment on system does not disturb, damage, or otherwise interfere with functional capability of the Goods. D. Provide certificate of inspection to Engineer within 7 calendar, days of completion of manufacturer's field service engineer responsibilities. 1.04 SOURCE QUALITY CONTROL PROCEDURES A. Subject. the Goods furnished under these Contract Documents to a complete factory -testing program. B. Do not initiate testing program prior to approval of key Shop Drawings by Engineer. C. Perform checks and tests in accordance with Specifications, manufacturer's recommendations, and referenced standards. 1 D. Record and evaluate test results and advise Engineer immediately of any discrepancy between test results and test limits or the failure of any device or PROJECT NO. 01236-P4/ISSUED FOR 01400-2 QUALITY REQUIREMENTS CONSTRUCTION system under test. Include test limits for acceptability applicable to each test on the certified test records. E. If required by Specifications, furnish certificates from an independent testing lagency which shall certify that the Goods have been examined and tested and are in conformance with the Specifications. F. Take samples in accordance with the Specifications as selected by Engineer or independent testing agency. Furnish and ship at no additional cost to Buyer. G. Factory Testing 1. Give notice and coordinate with the requirements of paragraph 8.01 of the General Conditions. If failure to give proper written notice results in the Goods being assembled or covered before a factory inspection or test, make the Goods ready for inspection or test and reassemble or recover at no additional cost to Buyer. 2. Furnish, set up and operate test equipment and facilities. If facilities for conducting required tests are unavailable to the manufacturer, conduct tests elsewhere or have them performed by an independent agency f approved by Engineer. 3. Assume responsibility for protection of the Goods and safety of all personnel during factory testing program. 4. Grounds for rejection: a. failure to withstand tests b. failure to meet ratings C. failure to meet applicable standards 5. In the event of failure a. Submit revisions of documents requiring approval for changes required for rectification and obtain Engineer's approval before making such changes. Provide written details of any changes to be made not requiring approval. Notify Buyer and Engineer in writing before retesting. b. Retest after rectification in presence of Buyer or Engineer. C. Furnish new. Goods which meet requirements of the Specifications if rejected Goods cannot be rectified to satisfaction of Buyer. PROJECT NO. 01236-P4/ISSUED FOR 01400-3 QUALITY REQUIREMENTS CONSTRUCTION 6. Assume responsibility for all costs associated with any failure, including, but not limited to: a. loss or damage to the Goods resulting from testing; b. retesting; C. rectification; d. new Goods to replace damaged or non -rectifiable Goods; e. removal, furnishing, transportation, unloading, and installation of replacement Goods; and f. witness of retesting by Buyer and Engineer including travel, lodging, meals, and payroll. H. Protect the Goods after testing and checking to provide that subsequent testing of other equipment or systems does not disturb, damage, or otherwise interfere with functional capability of the Goods. I. Submit certified test reports which define tests, list results, and are signed by Seller's representative. Furnish copies of raw data collected during tests when requested by Engineer. 1.05 NON -CONFORMING GOODS A. If, on the basis of inspections and testing prior to delivery, the Goods appear to be non -conforming, or if at any time after the Buyer has acknowledged receipt of delivery and before the expiration of the correction period described in Paragraph 1.09, the Buyer determines that the Goods are non -conforming, Seller shall promptly, without cost to the Buyer and in response to written instructions from the Buyer, either correct such non -conforming Goods, or, if rejected by the Buyer, remove and replace the non -conforming Goods with conforming Goods, including all work required for reinstallation. B. The Buyer's Rejection of Non -Conforming Goods 1. If the Buyer elects to reject the Goods in whole or in part, the Buyer's notice to Seller will describe in sufficient detail the non -conforming aspect of the Goods. If Goods have been delivered to the Buyer, Seller shall promptly, and within the Contract Times, remove and replace the rejected Goods. 2. Seller shall bear all costs, losses and damages attributable to the removal and replacement of the non -conforming Goods. 'l PROJECT NO. 01236-P4/ISSUED FOR 01400-4 QUALITY REQUIREMENTS CONSTRUCTION 3. Upon rejection of the Goods, the Buyer retains a security interest in the Goods or to the extent of any payments made and expenses incurred in their testing and inspection. C. Remedying Non -Conforming Goods 1. If the Buyer elects to permit the Seller to modify the Goods to remove the non-conformance, Seller shall promptly provide a schedule for such modifications and shall make the Goods conforming within a reasonable time. D. Buyer's Acceptance of Non -Conforming Goods 1. Instead of requiring correction or removal and replacement of non- conforming Goods discovered either before or after final payment, the Buyer may accept the non -conforming Goods. Seller shall bear all costs, losses, and damages attributable to the Buyer's evaluation of and determination to accept such non -conforming Goods. E. Seller shall pay all claims, costs, losses, and damages, including but not limited to all fees and charges for re -inspection, retesting and for any engineers, architects, attorneys and other professionals, and all court or arbitration or other dispute resolution costs arising out of or relating to the non -conforming Goods, including the correction or removal and replacement of the non -conforming Goods and the replacement of property of the Buyer and others destroyed by the correction or removal and replacement of the non -conforming Goods. 1.06 CORRECTION PERIOD A. Seller's responsibility for correcting all non -conformities in the Goods will extend for a period of one year after the earlier of the date on which the Buyer has placed the Goods in continuous service or the date of final payment, or for such longer period of time as may be prescribed by Laws or Regulations or by the terms of any specific provisions of the Contract Documents. PART 2 PRODUCTS- NOT USED PART 3 EXECUTION - NOT USED END OF SECTION PROJECT NO. 01236-P4/ISSUED FOR 01400-5 QUALITY REQUIREMENTS CONSTRUCTION (THIS. PAGE IIT'Oi'1`IONALLY LEFr BLANK] SECTION 01650 PRODUCT DELIVERY REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Shipping B. Transportation and handling PART 2 PRODUCTS — NOT USED PART 3 EXECUTION 3.01 SHIPPING A. Ship Products (which shall mean the Goods as defined in the General Conditions) only after receiving written acknowledgment by Buyer of receipt of certified test reports. B. Mark parts for ease of field assembly. C. Give notices required by the Contract Documents. D. Accompany each shipment with a packing list of articles included in the shipment. 3.02 TRANSPORTATION AND HANDLING A. Transport and handle Products in accordance with manufacturer's instructions. B. Assume responsibility for loss and damage including but not limited to breakage, corrosion, weather damage, and distortion until delivered to Buyer. C. Transport and offload spare parts to Buyer's designated storage facility. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION PROJECT NO. 01236-P4/ISSUED FOR 01650-1 PRODUCT DELIVERY REQUIREMENTS CONSTRUCTION [`IMS. PAGE INTEM-nONALLY LBF C BLANKI SECTION 01770 CLOSEOUT PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A. Closeout Procedures B. Project Record Documents 1.02 PROJECT DOCUMENTATION A. Submit in accordance with Section 01330. 1.03 CLOSEOUT PROCEDURES A. Request Buyer issue notice of acceptability in accordance with Section 01200, Price and Payment Procedures. B. Submit request for final inspection and final Application for Payment identifying total adjusted Contract Price, previous payments, and balance due, in accordance with the Agreement and Section 01200 Price and Payment Procedures. C. Final payment and acceptance will be made in accordance with Section 01200, Price and Payment Procedures. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION PROJECT NO. 01236-P4/ISSUED FOR 01770-1 CONTRACT CLOSEOUT CONSTRUCTION [THIS. PAGE N `3�ITN'). TONALLY LEST BI-ANICl SECTION 16340 METAL -ENCLOSED BUS PART 1— GENERAL 1.01 SECTION INCLUDES A. Metal -enclosed, 15 -kV class, 60 Hz feeder bus details 1.02 REFERENCES A. NEMA - National Electrical Manufacturer Association B. ANSI C37.23 - American National Standards Institute C. NFPA 70 - National Electrical Code PART 2 — PRODUCTS 2.01 MANUFACTURERS A. Square D Company - Metal -Enclosed Busway or equal 2.02 HOUSING A. The bus duct shall be non -louvered outdoors and indoors. Housing and accessory flanges, terminal enclosures, etc., shall be primed and painted steel construction. All outdoor hardware exposed to the weather shall be stainless steel. Indoor hardware (unless in corrosive environment) shall be manufacturer's standard. B. Bus housing shall be steel or aluminum. C. Outdoor, totally enclosed, nonlouvered housings shall be fitted with screened breathers and space heaters in sufficient quantity and rating to minimize condensation. Space heaters shall be completely factory wired except shipping split connection. Heaters shall be thermostatically controlled. Heater wiring shall be terminated in a junction box at designated end of bus housing. Heaters shall be rated at 240 V and operated at 120 V (1/2 voltage) to maintain low heater surface temperature. D. All housing and flange gasketing shall be EPDM or other noncorrosive material, and shall be completely concealed for protection against deterioration. E. The temperature rise at any point on the housing shall not exceed 30° C above an ambient temperature of 40° C. PROJECT NO. 01236-P4/ISSUED FOR 16340-1 .METAL -ENCLOSED BUS CONSTRUCTION F. A fire resistant divider or barrier shall be provided at all points where the bus duct extends through building walls. 2.03 BUS BARS A. Bus bars shall be of the metal -enclosed busway type. B. Bus bars shall be full round edge rectangular 98% IACS copper of sufficient cross- section to provide full current rating without exceeding a hot spot temperature rise of 65° C in a 40° C ambient. C. Phase bus bars shall be mounted and secured against movement during short-circuit in tracking -resistant, glass -reinforced polyester blocks, or an approved equal, spaced along the bus run as required to meet the short-circuit current rating. The support blocks can be ribbed to provide long creepage paths and fitted with corona suppressors, consisting of silicone rubber inserts between the insulated bus bars and support. blocks. D. Phase bus bars, at 5 -kV class and above, shall be insulated with epoxy, rated for continuous operation at 130° C. E. Contact surfaces of copper bus bars shall be silver plated electrically by tank or brush method. Contact surfaces of aluminum bus bars shall be electro -tinned. All bus bar connections shall be bolted. Bolts shall pass through the bus bar conductors, and shall be capable of being properly torqued and locked in place, to provide and maintain full and uniform pressure under all operating conditions. (Torque requirements in ft/lbs. shall be furnished by Manufacturer.) In no case shall the temperature of such bus bar joint exceed 65° C above an ambient temperature of 40° C. An internal ground bus shall not be furnished. F. Seller shall provide bus supports as necessary to support metal enclosed bus. G. Insulate entire length with high dielectric strength, flame retardant, self extinguishing moisture -resistance material. 2.04 ELECTRICAL PARAMETERS A. 15 -kV Duct 1. Ampacity 2000 A 2. Basic Insulation Level 95 -kV BIL PART 3 — EXECUTION - NOT USED END OF SECTION PROJECT NO. 01236-P4/ISSUED FOR 16340-2 METAL -ENCLOSED BUS CONSTRUCTION SECTION 16350 15 -KV METAL -CLAD SWITCHGEAR & CONTROL BUILDING PART 1— GENERAL 1.01. SUMMARY A. Section includes furnishing, testing, and delivery of a control building with single and double high, double aisle arrangement, metal -clad switchgear assembly containing: 1. Circuit breakers 2. Associated relay and control equipment 3. Station battery 4. AC and DC panels 5. Metering equipment 1.02 REFERENCES A. American National Standards Institute (ANSI) 1. C37 Series, Power Circuit Breakers 2. C37 Series, Protective Relays 3. C39.1, Switchboard Instruments 4. C57 Series, Dry -Type Transformers 5. C62.11, Metal Oxide Surge Arresters 6. C57.13, Instrument Transformers 7. Z358.1, Emergency Eyewash and Shower Equipment B. Insulated Cable Engineers' Association (ICER) 1. ICEA, Specifications for Wire and Cable C. Institute of Electrical and Electronics Engineers (IEEE) 1. IEEE, Requirements for Short Circuit Withstand PROJECT NO. 01236-P4/ISSUED FOR 16350-1 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING 2. IEEE 48, High -Voltage Alternating Current Cable Terminations 3. IEEE 484, Recommended Practice for Installation of Large Storage Batteries 4. IEEE 450, Recommended Practice for Maintenance, Testing and Replacement of Large Storage Batteries 5. IEEE 693, Recommended Practice for Seismic Design of Substations D. National Electrical Code (NEC) 1. Current Rating of Control Wiring E. National Electrical Manufacturers Association 1. NEMA SG4, Power Circuit Breakers 2. NEMA SG5, Power Switchgear Assemblies 3. NEMA SG6, Power Switching Equipment 4. NEMA SG2, High Voltage Fuses F. American Society of Civil Engineers 1. ASCE-7, Minimum Design Loads for Buildings and Other Structures G. International Conference of Building Code Officials 1. Uniform Building Code 2. California Building Code 1.03 SYSTEM DESCRIPTION A. Prefabricated control building containing metal clad switchgear, pre -wired relay panels and miscellaneous equipment. B. Design Requirements 1. Design, manufacture, and test in accordance with this Section and applicable sections of standards listed in Article 1.02. in effect at the Issue Date of this Section. 2. End walls shall be removable for future expansion. 3. Factory assembled, prewired and pretested. PROJECT NO. 01236-P4/ISSUED FOR 16350-2 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING C. Seismic Performance 1. The seismic qualification level of the control building and switchgear assembly shall be "High" in accordance with IEEE Std. 693-1997 a. The station battery and battery rack shall be designed so that there will be neither battery damage nor loss of battery function during and after a seismic event. 1) The seismic withstand capability shall be demonstrated by: a) Non -rigid racks of two stacks by dynamic analysis. b) Rigid racks and all racks of one stack by static analysis. 2) The structural floor shall be of sufficient strength to resist lateral and overturning loads. D. Metal Clad Switchgear I 1. The completely assembled and installed equipment shall be designed and installed so that there will be neither damage nor loss of switchgear function during and after seismic event. In addition, metal -clad switchgear and J equipment in the switchgear shall maintain the correct operational state during a seismic event. a. Calculations demonstrating the following anchorage requirements shall be provided. The equipment anchorage shall be capable of withstanding at least 1.0 times the equipment weight applied in one horizontal direction combined with 0.8 times the weight applied in the vertical direction at the center of gravity of the equipment and support. The resultant load shall be combined with the maximum normal operation load and dead load to develop the greatest stress on the anchorage. Both orthogonal directions shall. be checked, and the greatest stresses shall be used in the design of the anchorage. ' E. Substation Electronic Devices 1. The equipment and supporting structure shall be designed so that there will be neither damage nor loss of function during and after a seismic event. F. Circuit Breakers, Voltage Transformers and Station Service Transformer 1. The completely assembled and installed equipment shall be designed and installed so that there will be neither damage nor loss of function during and after seismic event. In addition, circuit breaker, voltage transformers and PROJECT NO. 01 236-P4/ISSUED FOR 16350-3 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING station service transformers shall maintain the correct operational state during a seismic event. a. Calculations demonstrating the following anchorage requirements shall be provided. The equipment anchorage shall be capable of withstanding at least 1.0 times the equipment weight applied in one horizontal direction combined with 0.8 times the weight applied in the vertical direction at the center of gravity of the equipment and support. The resultant load shall be combined with the maximum normal operation load and dead load to develop the greatest stress on the anchorage. Both orthogonal directions shall be checked, and the greatest stresses shall be used in the design of the anchorage. 1.04 SUBMITTALS A. Provide in accordance with Section 01330. B. Product Data: Catalogs and cut sheets. C. Shop Drawings 1. Switchgear enclosure a. Outline showing general arrangement: legend, floor plan, anchor details, shipping splits and overall arrangement of switchgear and cabinet lineups. 1) 2) 3) 4) 5) 6) 7) 2% 9) PROJECT NO. 01236-P4/ISSUED FOR CONSTRUCTION Legend Floor plan with openings Anchor details Overall arrangement of switchgear and cabinet lineups Weight Overall dimensions Location of the center of gravity of the equipment and its major components Foundation loading at each attachment point for operating load, wind loads and seismic loads The analysis method and acceleration level used for seismic analysis 16350-4 15 -kV METAL -CLAD SWITCHGEAR & CONTROL BUILDING 10) Maximum deflections 11) Controlling reactions at the base of the supporting structure for seismic plus normal operating loads 12) Seismic level for which the equipment is qualified 13) All external power requirements for accessories and operation b. Arrangement drawings of each section and cabinet showing the physical location and arrangement of all devices, terminal blocks, and power and control cable entrance areas. C. Installation diagrams showing anchoring method d. Bill of material C. Nameplate schedules f. Detailed AC schematic (three -line) and DC schematic diagrams for substation, including all relaying, metering, and control circuits including power transformers and 115 -kV circuit breakers. Typical diagrams are not acceptable. Assign wire numbers on each diagram so each segment of circuit can be identified on internal and interconnection wiring diagrams. g. Individual internal wiring and interconnection diagram for each circuit breaker and auxiliary cubicle. Typical drawings are not acceptable. Prepare wiring diagrams as follows: 1) Use separate wiring diagram for each cubicle and cabinet. 2) Provide 2 -inch clear margin on all sides of drawing for Seller's and Buyer's external cabling information. 3) Show relative physical arrangement and terminal locations of devices and terminal blocks. 4) Use terminal address system at origins and destinations of actual wiring. Tabular format wiring lists are not acceptable. 5) Use same wire numbers as assigned on schematic diagrams. 6) Show wiring between units for Seller -installed interconnection wiring. Indicate wire numbers at terminal blocks, designate wire groupings with routing code, and note drawing on which cable run is terminated. PROJECT NO. 01236-P4/ISSUED FOR 16350-5 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING 7) Each terminal block, meter, relay and fuse block shall have a unique (ID) address based on panel number and location and PROJECT NO. 01236-P4/ISSUED FOR 16350-6 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING shall be shown on all drawings referencing the device. 8) Show electrical device name from one line on all drawings. 9) Internal device and terminal block identification shall be based on the functional device code and not the physical location of the device. Both may be used, but the functional identification must be present. 2. For each type of current transformer: a. Excitation and ratio correction factor curves for each secondary ratio. b. Resistance of current transformer secondary and connection leads for each ratio. C. Actual current ratio and turn ratio for each tap. d. Mechanical and thermal short time (one second) ratings. 3. For each type of voltage transformer: a. Ratio correction factor and phase angle curves b. Accuracy ratings at all standard burdens C. Thermal rating 4. 15 -kV Circuit Breakers: a. Maximum operational voltage b. Interrupting rating C. Minimum trip voltage d. Maximum control voltage e. Tripping current f. Charging motor starting current g. Charging motor nominal current h. Circuit breaker control schematic PROJECT NO. 01236-P4/ISSUED FOR 16350-6 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING i. Secondary current schematic j. Racking and testing mechanism 5. Accessories: a. Provide drawings and manuals for all accessories provided. D. Quality Assurance/Control Submittals 1. Design Data 2. Certified circuit breaker design test report for Design Tests listed in ANSI C37.09. 3. Certified AC switchgear assembly design test report for Design Tests listed in ANSI C37.20 and NEMA SG5. 4. Certified protective relay design test report for surge withstand capability. 5. Test Reports: Certified ratio and phase angle test reports for each type of metering accuracy current and voltage transformer. 6. Seismic qualification reports. E. Closeout Submittals: in accordance with Section 01770. 1.05 DELIVERY, STORAGE AND HANDLING A. Provide in accordance with Section 01650. B. Deliver equipment F.O.B. to the Orchard Substation located in Ukiah, California. Seller shall be responsible for arranging, paying freight and shipping, and handling equipment between factory and site. 1.06 PROJECT/SITE CONDITIONS A. Environmental Requirements: 1. Keraunic level: 5 thunderstorm - days/year 2. Seismic: ASCE 7-05; Site Class D, Importance factor 1.5, Classification IV (Essential Structure), SS 2.039g, Sq=0.967g, Fa 1.0, F,=1.5 3. Wind: ASCE 7-05; Basic Wind Speed of 80 MPH with an Importance Factor of 1.15 and an Exposure Category "C" PROJECT NO. 01236-P4/ISSUED FOR 16350-7 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING 4. Combined ice and wind loading district: NESC Light 5. Elevation above sea level: less than 600 feet - National Geodetic Vertical Datum 1.07 MAINTENANCE A. Spare Parts 1. Make interchangeable with, and same _material and workmanship as, corresponding original part. 2. Deliver with each switchgear assembly to Owner's storage facilities: 3. Materials or parts: a. Four switchboard indicating LED lamps of each color b. Two indicating lamp pullers C. Four color caps of each color for indicating lamps d. Four resistors and lamp sockets for each type of indicating lamp e. One case ANSI 70, Light Gray touchup paint in aerosol cans f. Two sets of spare fuses for all voltage transformers and station service transformer g. Provide a spare breaker for each current class supplied. If compatible, a single 2,000A breaker may be provided as a spare for both class breakers. h. Provide two (2) test plugs for each type of relay, test switches, and meter. L One spare relay and meter of each type used. j. Provide two (2) fuse pullers PROJECT NO. 01236-P4/ISSUED FOR 16350-8 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING PART 2 - PRODUCTS 2.01 SWITCHGEAR AND CONTROL BUILDING A. Principal ratings, electrical characteristics and features 1. 15 -kV Switchgear a. Continuous current 1) Main buses 2,000 A 2) Main breaker position 2,000 A 3) Feeder breaker positions 1,200 A b. Available fault current 28 kA, rms, min. C. Rated maximum voltage .15 -kV d. Basic Impulse Level (BIL) 95 -kV e. Low frequency (1 min.) withstand voltage 36 -kV B. Switchgear 1. Provide built-in wireways to accommodate all interconnection wiring between cubicles, without need for exterior conduit systems. 2. Design enclosure for bottom entry of feeder power cable circuits, and external control and communication cables. Provide 18 -inch x 24 -inch aluminum removable gasketed plate in cubicle floor for cable entry. 3. Provide a minimum of three feet vertical distance from the cable entrance point to the cable terminators to allow sufficient space to train and terminate cables. 4. Cable supports shall be included to provide short circuit bracing and to remove the weight of the cable from the terminators. 5. Switchgear cubicles: a. 15 -kV — Double -high configuration. Access to cubicles via a door with handle, 2 or 3 point latch (screw-type latches are unacceptable) and door stops. b. Circuit breaker compartments: Closed door draw -out design, with CONNECT and TEST/DISCONNECT positions. PROJECT NO. 01236-P4/ISSUED FOR 16350-9 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING C. Auxiliary compartments: Provided with rollout trays for voltage transformers and station service transformers. d. Rear entry: Each cubicle shall be accessed from outside the building and each door shall be equipped with a lockable three-point latch system. e. Design circuit breaker termination compartments to accommodate the following sets of stress cone bracket -type slip on terminators and one set of intermediate class surge arrestors: 1) Feeders — 2 cables per phase A -B -C left to right C. Control Building 1. Furnish control building to house metal -clad compartmented switchgear assembly with common protected operating/equipment aisle. 2. Furnish continuous weatherproof structure consisting of sloped roof, and access doors as shown on the Contract Drawings. 3. Design weatherproof construction to exclude driving rain and snow and provide tight sealing of all openings against environmental conditions stated in this Specification. 4. Fabricate enclosure using double wall construction. Exterior walls and roof shall be 11 gauge steel, minimum. 5. Fabricate the floor with 3/16 inch steel plates welded to the base . with adequate stiffening members to support a 250 pound per square inch load with a deflection of no greater than 1/360 of the distance between the floor stiffener members when the building is in the normal operating position. 6. Paint the floor with skid resistant paint. 7. Design operating/equipment aisle to accommodate circuit breaker removal and normal maintenance operations. 8. Design enclosure with rigid, self-supporting structural base of welded structural steel channel or wide flange beams conforming to ASTM -A36. a. Design base to provide a rigid square and level foundation for the enclosure, sized to meet or exceed the static and dynamic loading specified b. Provide four removable lifting lugs per section, placed in a position j to provide uniform lifting loads at each lug location. J PROJECT NO. 01236-P4/ISSUED FOR 16350-10 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING C. Base shall have adequate strength so that when the enclosure is lifted j at the four lifting points there shall be a deflection no greater than 1/360th of the unsupported span between and on either side of the ' lifting point. 9. Provide 4 -inch x 4 -inch cable trough along inside wall and ceiling with removable bottom or side. 10. Provide internal and interconnection wiring necessary for a completely operational assembly. External substation wiring provided by Buyer. 11. Provide enclosed storage spaces for GPT device(s) and breaker lifting and transport devices. Breaker connecting and disconnecting shall be motorized. 12. Paint a. After fabrication has been completed, the assembly shall be power tool sanded to remove all surface imperfections, including scale, rust, weld splatter, etc. After power sanding, the assembly shall be thoroughly cleaned with a phosphatizing agent mixed with water at 140 degrees F and applied at a pressure of 1,000 psi to remove all oil, grease, dirt, grinding residue, etc., and to etch the steel for better adhesion of the primer coat. b. A non -sanding primer with rust inhibitors shall be applied using an airless hand spray gun to a minimum dry thickness of 2.0 to 3.0 mils. After the primer coat has thoroughly dried, a finish coat of exterior polyamine epoxy with agents to resist weathering shall be applied with an airless hand spray. gun to a minimum dry thickness of 2.0 to 3.0 mils. The final finish shall be capable of passing a standard ASTM 5% salt spray test for a minimum of 1,500 hours. Proof of this capability shall be provided by submission of a test report from an independent test lab. C. The exterior of the enclosure shall be painted ANSI -70, light gray and the interior aisle walls and ceiling shall be painted high gloss white. Switchgear and panels shall be painted ANSI -70 light gray. 13. Certify in writing and provide design analysis or test data confirming structure will support specified design loads with appropriate factors of safety, and defection limits are within tolerance for a perimeter supported building with interior support. points. D. Provide overhead cable tray for wiring between conduit entrances, vertical switchboards, AC panel, DC panel, battery charger, RTUs and other equipment as indicated. 1. Provide aluminum ladder type cable tray with 6 inch rung spacing ,1 PROJECT NO. 01236-P4/ISSUED FOR 16350-11 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING 2. Use prefabricated junctions and sweeps as necessary. Do not form junctions from field cut sections. E. Weatherproofing and insulation 1. Provide gasketing on all exterior access doors and cubicle rear entry doors. 2. Undercoat all metal surfaces. 3. Insulate the roof to R30 and the walls and base of operating/equipment aisle to R19 or greater, as required to meet temperature requirements. Use Thermax solid core insulation board with moisture barrier. 4. Provide sealed building joints. 5.. Provide heavy-duty, corrosion resistant stainless steel building hardware. 6. Provide internal supports in the wall and ceiling in all locations where equipment or supports for equipment is to be attached. 7. Provide awnings over all exterior doors. 8. Provide rain gutters to reduce water flow when rear access doors are open. F. Access doors 1. Rear cubicle doors: Hinged and gasketed, three point latch with provisions for padlocks. 2. Building Entry: a. Full height, with upper half reinforced glass b. Double wall, gasketed construction with thermal insulation C. 11 gauge steel exterior 16 gauge steel interior, minimum d. Hinged, outward swing e. Equip with interior panic bars and locking entry set to permit exit even if doors are locked. f. Equip with auto closers. g. Key locks to City of Ukiah master key system. PROJECT NO. 01236-P4/ISSUED FOR 16350-12 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING - i G. Heaters and Air Conditioning 1. Provide anti -condensation heaters, permanently wired to the 120 volt auxiliary power source through fuses or circuit breakers in each metal clad unit. Apply heaters at half -rated voltage and install perforated metal heater guards. 2. Provide thermostatically controlled split -type, air to air heat pump with auxiliary heat to maintain temperature of building between 68 and 72 degrees F when outdoor temperature reaches minus 20 degrees F with a 24-hour average temperature of 30 degrees F in the winter or 110 degrees F in the summer. Provide an automatic thennostat control to convert from heating to cooling. Furnish with a wall or ceiling mounted packaged indoor units and matching outdoor unit with required accessories. 3. Provide heat loss and heat gain calculations meeting California Energy Code. 4. Minimize ambient noise levels from HVAC system. 5. Provide sufficient ventilation of gases from batteries to prevent accumulation of an explosive mixture exceeding a 1 percent concentration. Ventilation shall be forced air with vent opening and closing controlled by a timer on one hour intervals with an adjustable run time between five and twenty minutes. Vents shall be in battery compartment. Maximum intake and exhaust vent size shall be 4 -inches by 4 -inches. Vents shall be fitted with insect screens. Provide calculations of air exchanges needed to properly ventilate battery space. H. Lighting and receptacles 1. Provide ceiling -mounted fluorescent fixtures in aisleway and operating areas and three-way switches adjacent to exterior access doors. 2. Provide general illumination level of 100 foot-candles. The front and rear of relay panels shall have an illumination level of not less than 100 foot- candles. 3.- Install interior, switch operated 125 VDC incandescent lighting fixtures as shown on the Contract Drawings. Locate switches at all exterior doors. 4. Install exterior, photocell operated, high pressure sodium light fixtures above or beside aisleway exterior doorways. Size fixtures to provide sufficient light to illuminate entry areas only. 5. Provide utility duplex grounding type power receptacles in every breaker cubicle and at each access door. _1 PROJECT NO. 01236-P4/ISSUED FOR 16350-13 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING 2.02 CIRCUIT BREAKERS A. 15 -kV Breakers 1. Principal ratings and electrical characteristics: a. Nominal voltage 12.470 -kV b. Rated maximum voltage 15 -kV C. Voltage range factor 1.3 d. Operating voltage 12.470 -kV e. Continuous current 1) Feeders 1,200A 2) Main 2,000 A 3) Bus Tie 2,000 A f. Nominal three-phase interrupting capability 750 MVA g. Short circuit current at max. Volts 28 kA, rms, min. h. Max. symmetrical interrupting capability 36 kA, rms, min i. Closing and latching capability 58 kA, rms, min j. Interrupting time 5 cycles max. k. Low frequency (1 min.) withstand voltage 36 -kV, rms 1. Basic Impulse Level (BIL) 95 -kV in. Closing mechanism operating voltage 100-140 VDC n. Tripping mechanism operating voltage 70-140 VDC B. Circuit Breaker Features 1. Closing: by 125 VDC electric motor charged stored energy mechanism 2. Manual closing: by manual handle for testing and emergency closing 3: Tripping: 125 VDC 4. Breakers of like rating: completely interchangeable PROJECT NO. 01236-P4/ISSUED FOR 16350-14 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING 5. Breakers: horizontal draw -out type equipped with self -coupling primary and secondary disconnect contacts 6. Interrupters: Vacuum 7. Primary disconnect contacts: silver plated, high contact pressure and of the multiple finger spring loaded type, sturdy and self -aligning and an integral part of the element 8. Auxiliary switch contacts: Provided so that at least four "a" and four "b" contacts are unassigned after all connections are made. Arrange so contacts operate in both CONNECT and TEST positions. 9. Provide manual means for tripping. 10. Provide trip free and non -pumping operation. 11. Provide easy to read position indicator. 12. Provide reliable operations counter. 13. Provide LED lamp to indicate stored energy mechanism is fully charged. 14. Provide closed door drawout design. 15. Provide contact erosion indicator 16. Provide fifth wheel accessory. 2.03 BUS SUPPORTS A. 15 -kV Bus 1. Porcelain 2. BIL: 95 -kV 3. All horizontal bus feed through supports shall be porcelain with ribs for added creepage. 2.04 SWITCHGEAR ACCESSORIES A. Provide special tools required for proper maintenance, testing and inspection of the metal -clad equipment. B. Provide one transport and lifting device for each voltage for 1 and/or 2 high. switchgear units. The transport device will allow circuit breaker and auxiliary PROJECT NO. 01236-P4/ISSUED FOR 16350-15 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING drawout units to be elevated and then inserted or withdrawn from upper and/or lower compartments. C. Provide an electrical test jumper for connecting the breaker to switchgear control circuit while the breaker is completely out of the cell. D. Provide a wall mounted electrical test cabinet with open and close pushbuttons for testing the circuit breakers when removed from cubicle. E. Provide crank handle and remote motor operated device for breaker racking mechanisms and for manually charging the stored energy system on the circuit breakers. F. Provide lever for racking breakers to and from the connected positions. 2.05 SWITCHGEAR MAIN BUS A. Copper bar, silver plated with insulated covers at joints and tap points B. Install in a compartment separate from the other wiring, and extended to each end for future expansion. C. Insulate entire length with high dielectric strength, flame retarding, self -extinguishing, moisture -resistant material. D. Provide with removable compartment covers. E. Maximum hot spot temperature rise will be 65°C. 2.06 GROUNDINGS PHASING AND TESTING DEVICE A. A manually operated grounding, phasing and testing (GPT) device with facilities for testing and grounding either the source side or load side of any circuit breaker cubicle shall be furnished with the initial installation of the switchgear. The GPT device shall be approved by Buyer and shall be fitted with any components required to permit racking the unit into position in the same manner as used for a circuit breaker. Furnish two separate devices if one is not interchangeable between 1200 and 2000 ampere cubicles. B. The GPT device shall be equipped with six bushings in the same configuration as the circuit breaker. The bushing shall engage the stationary contacts of the incoming and outgoing load, or the source terminals in each breaker cubicle. The opposite ends of the six bushings shall be terminated in two totally enclosed compartments identified and labeled as SOURCE and LOAD connection. C. The relationship of SOURCE and LOAD connections shall always be the same whether or not the GPT device is used in the incoming or outgoing feeder breaker compartment. Should the standard switchgear design preclude this feature, special PROJECT NO. 01236-P4/ISSUED FOR 16350-16 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING interlocks shall be provided to prevent inserting the GPT device in any breaker 1 compartment unless its SOURCE -LOAD relationship corresponds to that in the compartment. Interlocks shall also prevent changing the SOURCE -LOAD i relationship of the GPT device once it is inserted in any breaker compartment. The actual SOURCE -LOAD relationship on the GPT device shall be clearly indicated at anytime, before and after inserting the GPT device in any breaker compartment. D. On the GPT device each compartment containing the SOURCE and LOAD connections shall have non -removable doors, capable of remaining open simultaneously, provided with padlocking facilities. Padlocking facilities shall be arranged such there is no interference between the locks and switchgear unit. Hinged doors should have captive fasteners, such as wing nuts, to prevent easy access to live bushing whether or not the padlocks are in place. E. Insulating barriers shall be provided on all walls of the bushing compartments and around each of the SOURCE and LOAD phase bushings, with adequate electrical clearances to suit the voltage rating of the switchgear. Physical clearances shall be such as to allow the convenient attachment of the grounding leads to the required, appropriate, grounding bails in each compartment. F. All six bushings (three SOURCE, three line or LOAD) shall be equipped with grounding bails capable of accommodating portable grounding lead clamps. A 3/4 - inch diameter copper grounding bar attached to the front of the GPT device in an easily accessible location and not interfering with doors on either SOURCE or LOAD .compartment shall be provided for grounding. This grounding bar at least 12 inches long with 3 -inch clearance shall be able to accommodate six portable ground leads. The grounding bar shall connect to a separate grounding contact on the GPT device that will connect to a main ground bus in the switchgear compartment. All contact surfaces, including those for application of grounding clamps, shall be plated. G Complete shop drawings of the grounding, phasing, and testing device shall be included with the switchgear drawings submitted for approval prior to fabrication of the device. H. At present, the following are approved as manufacturers of an acceptable grounding, phasing and testing device: 1. General Electric 2. Cutler Hammer 3. ABB 4. Siemens 5. Powerconn 6. Toshiba PROJECT NO. 01236-P4/ISSUED FOR 16350-17 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING I. This guideline does not preclude other manufacturers from providing this device; however, they shall submit shop drawings for approval before fabrication, and final approval shall be subject to factory or field inspection of the actual device. J. Provide detail drawings showing the arrangement of the grounding, phasing and testing device. 2.07 SWITCHGEAR GROUND BUS A. Copper bar, approximately 1/4 -inch by 3 inches, solidly connected to each unit of the switchgear. B. Extend into the power cable entrance compartment of each unit and equip with a clamp connector for 4/0 -500 kcmil copper cable. C. Provide for external ground connection at each end of the bus. 2.08 LOW VOLTAGE WIRING A. Secondary and control circuits: No. 14 AWG minimum stranded tinned copper conductor, 600 volt class, type SIS cross-linked polyethylene insulation. B. Current transformer secondary circuits: No. 12 AWG minimum. C. Use multi -strand Class K hinge wire where door opening requires bending in service. D. Connect power circuits to separate power terminal blocks. E. Connect current and voltage transformer leads to accessible terminal blocks before wiring to relaying, metering, or control devices. F. Make terminations using short -shank, ring -tongue terminal connectors. 1. Crimp using AMP "Certicrimp" handtools. 2. Maximum: two conductors per terminal stud. 3. Identify at each conductor end using heat imprinted plastic sleeves. G. Identify cable ends by opposite end termination point based on functional device code. H. Provide an ungrounded two -wire, 125 VDC control bus integral with each switchgear cubicle and relay panel. I. Provide 120 VAC supply bus integral with each switchgear cubicle. PROJECT NO. 01236-P4/ISSUED FOR 16350-18 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING 2.09 TERMINAL BLOCKS A. Rating: 30 amperes, 600 volts B. Equip with insulating barriers between poles and washer -head binding screws on each pole. C. Furnish with marking strips and install in sufficient quantity to provide a minimum of 20 percent spare termination points for each type block. D. Type for current transformer terminations: short circuiting E. Ground, instrument transformer circuits as shown on electrical standard E -STD -1115 attached to this specification. F. Mark to identify source and function. 2.10 MISCELLANEOUS COMPONENTS A. Install fuses and fuse holder in each cubicle for control and auxiliary power circuit terminations. Determine the required quantities and ratings from circuit design requirements. All fuse holders to have blow fuse indicator LED. B. Provide black laminated plastic composition bevel edged nameplates with permanent white engraved lettering. Fasten to panel using small round head screws. Install inside cubicle and cabinets with cement. Submit engraving schedule to Buyer and Engineer for approval. C. Provide low drain, switchboard type indicating lamp assemblies with integrally mounted resistor, complete with long life LED bulb and color cap. Suitable for 125 VDC or 120 VAC operation as necessary. 2.11 INSTRUMENT, CONTROL, AND SELECTOR SWITCHES A. Manufacturer: Electroswitch Series 24 B. Type: Rotary, heavy duty, rear connected, semi -flush mounted with escutcheon markings left -right facing front panel C. Contact rating: not less than 20 amperes at 600 volts D. Breaker control switches: "TRIP, NAT, NAC, CLOSE" operation, with pistolgrip handle and no target window. E. Instrument switches: with "OFF" position and black round knurled handle. F. Selector switches: with "OFF" position and black oval handle. PROJECT NO. 01236-P4/ISSUED FOR 16350-19 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING 2.12 TEST SWITCHES A. Manufacturer: ABB, Type FT -19 B. Provide 10 pole potential type for each lockout relay. Wire test switch in each normally open lockout relay contact circuit. Connect test switch contact so jaw end is toward positive bus connection and hinge end is towards lockout relay contact. C. Provide 6 current, 4 potential type for metering AC current and voltage circuits. 2.13 PROTECTIVE RELAYS A. Microprocessor -based Relays 1. Case: Back connected, semi -flush mounting, dust tight, moisture -resistant. 2. Trip contacts and target operation: From 70 to 140 VDC 3. Rated current: 5 A 4. Manufacturer: Schweitzer Engineering Laboratories (SEL). 5. Type: As indicated on Contract Drawings 6. Provide contacts brought out to tenninal boards to indicate trip status and target status. 7. Contact Rating: 125 VDC 8. Auxiliary DC Voltage: 125 VDC 9. Connect two (2) spare inputs and output contact to test switches. 10. Provide two copies of software for each model of relay provided. Includes SEL 5010, SEL 5601, and acSELerator 2.14 ARC DETECTION RELAYING A. Type: ABB REA series 1. ABB REA 101 or equivalent — Provide one for each switchgear bus lineup, mounted in the main breaker cubicle. The fiber optic sensors will monitor the back of each cubicle, including main bus and cable terminations. The devise should use current sensing from a set of the main breaker current transformers for supervision. 2. ABB REA 103 or equivalent — Provide one for each switchgear bus lineup, mounted in the main breaker cubicle. Utilizing both fiber optic sensing PROJECT NO. 01236-P4/ISSUED FOR 16350-20 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING ports, one port should be used for monitoring the lower breaker cubicle; the second port should be used for monitoring the upper breaker cubicle. Provide the appropriate communication cabling for communication with the host relay. 3. ABB REA 105 or equivalent — Provide one for each bus tie circuit breaker and associated metal -enclosed bus duct. The fiber optic sensors will monitor the bus duct and communicate with the host relay of the two buses connected to the respective bus tie circuit breaker. Provide the appropriate communication cabling for communication with each host relay. 4. Provide all fiber optic cables, sensors and accessories. 5. Provide all Optolink cormnunication cables. 6. Provide all communication cables. 7. Installations shall follow recommendations of manufacturer. 8. All tripping shall be supervised by over -current elements. B. Provide fiber optic cabling for arc detection relaying in all switchgear cubicles. C. Obtain recommendation from relay manufacturer or system configuration. Submit to ENGINEER for approval. 2.15 LOCKOUT RELAYS A. Manufacturer: Electroswitch, Type LOR B. Type: Rotary, heavy duty, multi -contact, high speed, rear connected, semi -flush mounted, with minimum 10 NO and 10 NC contacts C. Operating voltage: 70 to 140 VDC D. Contact rating: 30 amperes, 600 volts, continuous E. Response time: 8 ms F. Spare contacts: minimum of 2 NO and 2 NC wired to terminal blocks. Wire normally open contacts through test switches as indicated above. 2.16 VOLTAGE TRANSFORMERS A. Type: Dry, draw -out or tilt -out mounted, equipped with high voltage current limiting type fuses. B. Impulse level: not less than 110 -kV C. Total number and location: As indicated on one -line diagram PROJECT NO. 01236-P4/ISSUED FOR 16350-21 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING D. Accuracy class: 0.3 for standard burdens of W, X, Y and Z ratings. Maximum ratio and phase angle errors when carrying full secondary burdens shall not exceed ANSI standard classifications. E. Fuse secondary circuits with dual element cartridge fuses mounted in barrier type fuse holders. 2.17 CURRENT TRANSFORMERS A. Type: dry, 600 volt insulation, 5 ampere secondaries. B. Impulse level: 10 -kV full wave. C. Thermal and mechanical capabilities: at least equal to that of circuit breakers. D. Total number and location: As indicated on one -line diagram. E. Ratio: As indicated on one -line diagram F. Metering accuracy: 0.3 using standard burdens of B-0.1, 0.2, and 0.5. Verify that accuracy will meet 0.3 class with actual connected meters and wiring. G. Relaying accuracy: C400 minimum. H. Wire all taps directly to shorting type terminal blocks. 2.18 STATION SERVICE POWER FUSES A. Type: High-voltage current limiting. B. Install on disconnectable or tiltout mountings in upper breaker compartments. C. Provide mechanical interlock with low voltage AC panel to prevent fuse removal when AC panel main circuit breaker is closed. 2.19 SURGE ARRESTERS A. 15 -kV Breakers: 1: Type: intermediate class, metal oxide, mounted in each feeder breaker termination compartment 2. Rating: 10 -kV nominal, MCOV 3. Connection to ground bus: 4/0 AWG copper conductor 4. Connection to breaker terminals: 4/0 AWG copper, 15 -kV insulated cable PROJECT NO. 01236-P4/ISSUED FOR 16350-22 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING 1 2.20 STATION SERVICE TRANSFER SWITCHES A. Automatic Transfer Switch 1. Provide double throw transfer switch to be used to transfer station service from one source to another,. without paralleling the two sources (i.e., break before making contact). a. 3-phase, 4 -pole, 120/208 VAC, 400 A b. Manufacturer: Cutler Hammer or Square D 2.21 PANELBOARDS A. Construction: in accordance with requirements of Federal Specification W -P -115a, and applicable industry standards. B. Enclosure: 12 gauge sheet steel, with front access doors and wire gutters at the top, .bottom, and sides. C. DC Panelboard 1. Provide a 225 ampere main, 250 VDC, 10 kA interrupting with bolt -in type branch circuit breakers. 2. Provide 225 A, two -pole, 250 VDC main circuit breaker. 3. Provide dedicated circuit breaker for each piece of equipment in substation. 4. Provide 6 two -pole 30A branch circuit breakers as spares. 5. Provide nameplates for all circuits. D. AC Panelboard 1. Provide a 400 A main, 120/208 volts, three-phase, four -wire AC station service, 20 kA interrupting capacity. 2. Provide dedicated circuit breaker for each piece of equipment in substation. 3. Provide a minimum of 6 spares of 30A and 20A breakers. 4. Manufacturer: Square D or Cutler Hammer only. E. Air circuit breakers 1. Sizes: self-contained, bolt -in type, non -interchangeable trip elements effectively sealed to prevent tampering, sized as required for intended load in PROJECT NO. 01236-P4/ISSUED FOR 16350-23 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING accordance with applicable standards. 2. Tripping elements: thermally -operated, inverse -time- limit type, non- ' tripping on normal momentary overload, but ensuring adequate circuit protection in conformance with NEC standards. I 3. Operating mechanism: capable of trip -free operation on abnormal overloads and short circuits, with quick make, quick break contact movement during manual or automatic operation. 4. Contacts: non -welding, silver alloy, with arc -quench protection. 5. Automatic tripping: clearly indicated by the handle automatically assuming a position between the manual ON and OFF positions. F. Provide copper neutral bar of same capacity as the buses equipped with solderless-type connectors and provisions for grounding, and mounted as required in the panel box. G. Lugs: solderless-type of suitable capacity for incoming line loads. H. Cabinets: surface or flush -type as required at particular locations, with hinged doors and trim, steel front and boxes of gauge conforming to NEC, galvanized after fabrication and finished with manufacturer's standard coats of paint. Provide typed directory on inside of door. I. Provide nameplates for all circuits. 2.22 BATTERY A. Rating: 200 AH capacity at 8 -hour rate. B. Discharge: Capable of 1 minute discharge rate of 288A on discharge to 1.75 V at 77°F. C. Manufacturer: C&D Technologies D. Type: 3DJ-200 lead -calcium cells, producing a nominal system voltage of 125 volts 5 E. Accessories: 1. Two spare explosion -resistant vent plugs 2. Sampling hydrometer with thermometer and holder 3. Two spare sets of intercell connectors and terminal lugs 4. Cell lifting device �l PROJECT NO. 01236-P4/ISSUED FOR 16350-24 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING 2.23 BATTERY RACKS A. Type: One two-tier rack, meeting seismic requirements indicated in this Specification. B. Locate as shown on the Contract Drawings. C. Assemble and install in conformance with ANSI, IEEE, and the rack manufacturer's instructions: D. Install allowing a minimum of 4 inches clearance between walls or equipment. E. Furnish rubber mat and necessary anchors for floor mounting. F. Finish with two coats of acid -resistant ANSI No. 70 (light gray) paint. G Cover rails with plastic insulators. H. See the drawings in the Exhibits for battery enclosure details. 2.24 BATTERY CHARGER A. Ratings: 1. Nominal output voltage: 130 VDC 2. Nominal output current: 25 ADC 3. Input Voltage: 120 VAC B. Accessories: 1. Standard equipment 2. Alarm assembly 3. Alarm contacts — wired to HMI Panel a. Loss of AC b. Loss of DC C. High DC d. Earth fault 4. 30 mVrms ripple filter 5. Battery eliminator PROJECT NO. 01236-P4/ISSUED FOR 16350-25 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING 6. Equalize timer C. Manufacturer: C & D Technologies W D. Model: ARE -M13025 2.25 EMERGENCY EYE AND FACE WASH STATION A. Self-contained, gravity -operated, simple and quick -to -use portable unit complete with drain hose, mounting bracket, bacteriostaic additive, and test log card. 1. Spray action with continuous flow of wash solution I for 15 minutes at rate greater than 0.4 gpm. 2. Sixteen gallon capacity, constructed of FDA polyethylene. 3. Wall -mounted with included mounting bracket(s). 4. SEI -certified and shall meetANS1 Z358.1-1991. B. Model No. 90320 by Sellstrom Manufacturing, or approved equal. 2.26 EXTERIOR SUBSTATION LIGHTING CONTROL EQUIPMENT A. Provide a Hof -man NEMA 3R rainproof exterior junction box for substation lighting control, sized to accommodate lighting conduits. B. Mount terminal blocks and contactors in the box as indicated. C. Mount one switch with weatherproof cover on the box to control emergency lighting. D. Provide two (2) 30 A lighting contactor for controlling exterior substation lighting. E. Provide photocell mounted on the control building roof and wired to the security lighting contactor located in the lighting control box. 2.27 FIRE EXTINGUISHERS A. Provide two FM 200 type hand -carried fire extinguishers. B. Provide with hanging bracket, hose, horn, nozzle, and hand squeeze valve control. C. Mount. one near each entrance door. PROJECT NO. 01236-P4/ISSUED FOR 16350-26 15 -kV METAL -CLAD SWITCHGEAR & CONSTRUCTION CONTROL BUILDING i 2.28 SUBSTATION MONITORING COMPUTER AND SOFTWARE A. Provide a substation monitoring computer with peripherals and software. 1. Ship loose for installation at Buyer's office location... B. Substation Computer 1. Manufacturer / Model: Dell Precision T3500 CMT, Standard Power Supply Product Code T3500 Sku [224-4422] 2. Processor: Quad Core IntelO XeonO E5530 2.40GHz, 8M L2, 5.86GT/s, Turbo; Product Code E5530; Sku [317-1395] 3. Operating System: Microsoft Windows XP Professional SP3; Product code XP33BDE; Sku [310-9161][420-9559] 4. 256MB NVIDIAO Quadro0 NVS 295,,2MON, 2 DP w/ 2 DP to DVI Adapters; Product Code NVS2952; Sku [320-7899][330-4089] 5. Chassis Configuration: Mini -Tower Chassis Configuration; Product Code MT; Sku [311-7463] 6. Memory: 4GB, 1066MHz, DDR3 SDRAM, ECC (4 DIMMS); Product Code 4G3E664; Sku [317-0107] 7. Optical Drive: 16X DVD+/ -RW w/ Cyberlink PowerDVDTM and Roxio CreatorTM Dell Ed; Product Code DVRW16; Sku [313-7457][421- 0536][421-1189] 8. Hard Drive: (2) 160GB SATA, l OK RPM Hard Drive with 16MB DataBurst CacheTM); Product Code 160S10A; Sku [341-7145] 9. Hard Drive Configuration: C7 All SATA, RAID 1, 2 Hard Drives; Product Code SRI 2; Sku [341-8566] 10. Hard Drive Controller: Integrated Intel chipset SATA 3.OGb/s controller; Product Code NSASCTL; Sku [341-9289] 11. Monitor: (2) Dell 19 inch UltraSharpTM 1908FP Flat Panel,black,height adjust,VGA/DVI; Product Code 1908FPB; Sku [320-7686] 12. File System: NTFS 13. Keyboard: Dell QuietKey Keyboard; Product Code QUSB; Sku [330-3203] 14. Mouse: Dell USB 2 Button Optical Mouse; Product Code USBO; Sku [330- 3945] 1 PROJECT NO. 01236-P4/ISSUED FOR 16350-27 15 -kV METAL -CLAD SWITCHGEAR & �. CONSTRUCTION CONTROL BUILDING 15. Media Card: Internal 19:1 USB Media Card Reader; Product Code MCR19; Sku [341-8560] 16. Chassis Intrusion: Chassis Intrusion Switch; Product Code INTSWIT; Sku [330-3559] l 17. Hardware Support: 4 Year ProSupport for IT and 4 Year 4HR 7x24 Onsite Service; Product Code U4IP4HR; Sku [981-3023][984-5800][989- 3449][989-6333] [993-3270] [993-9018][993-9027] 18. Lantronix 4 -port Terminal Server 19. APC Smart -UPS XL 750 kVA, USB and Serial 120V (SUA750XL) i 20. APC UPS Network Management Card 2 (AP9630) l C. Substation Monitoring Software l J 1. Manufacturer:, Survalent Technology. No Substitute. 2. Type: SmartSCADA 3. Applications: SCADA Server, SCADA Explorer, Worldview Graphical User Interface, Operations and Outage Accounting, �x��. 'RV, IED J Wizard, SCADA Add -In, Remote Alarm Annunciation and External Clock Interface and five (5) client licenses. l 4. Training: Include one week on-site training for two people at Buyer's site. 5. Set -Up: Include one week of on-site startup assistance. I 6. Master Protocol: DNP 3.0 over IP. 7. Slave Protocols: DNP 3.0 serial, Mod bus, SEL. 8.. SEL — 2401 — GPS clock and antenna with 100 feet of COAX. 2.29 SOURCE QUALITY CONTROL A. Provide in accordance with Section 01400. B. Assemble, adjust and complete manufacturer's routine production tests on each item of electric equipment in accordance with ANSI C37 and NEMA standards. 1. Install each circuit breaker in its assigned unit after switchgear is fully assembled. 2. Perform dielectric tests on wiring in accordance with referenced standards. l 3. Perform point-to-point circuit continuity tests. PROJECT NO. 01236-P4/ISSUED FOR BID 16350-28(1) 15 -kV METAL -CLAD SWITCHGEAR & 1 CONTROL BUILDING 4. Check control switches for proper contact operation 5. Check device markings, nameplate markings, conductor identification and meter and instrumentation scales. 6. Functionally test all AC and DC control circuits to verify proper operation. Simulate operation by applying AC currents and voltages to CT and VT circuits, and DC voltages to control circuits. Demonstrate proper operation of all circuits. 2.30 MANUFACTURERS FIELD SERVICES A. Provide in accordance with Section 16993. PART 3 — EXECUTION - NOT USED END OF SECTION PROJECT NO. 01236-P4/ISSUED FOR BID 16350-29 15 -kV METAL -CLAD SWITCHGEAR & CONTROL BUILDING (Mis. PAGE WTvimo mAL-LY LF-Fr -BLAWI SECTION 16993 CONTROL BUILDING AND SWITCHGEAR MANUFACTURERS' FIELD SERVICES PART 1— GENERAL 1.01 SECTION INCLUDES A. Testing and startup procedures. 1.02 RELATED WORK A. Section 01400 — Quality Requirements 1.03 QUALITY ASSURANCE A. Unless specifically notedlo the contrary, furnish all equipment, materials, labor and testing in accordance with applicable sections of latest revisions of the following: 1. Manufacturer's instructions 2. National Electric Testing Association (NETA) 3. Institute of Electrical and Electronics Engineers (IEEE) 4.. American National Standards Institute (ANSI) 5. National Electrical Manufacturers Association (NEMA) 6. Insulated Cable Engineers Association (ICEA) 7. Occupational Safety and Health Act (OSHA) 8. American Society for Testing and Materials (ASTM) B. If there are conflicts between listed codes and standards, Engineer will decide which codes and standards are applicable. 1.04 ASSIGNMENT OF ON-SITE SERVICES On-site manufacturer's services are to be performed under the direction of the Substation Contractor. 1.05 SUBMITTALS A. Record all test data on forms approved by Engineer and submit test data in report lform (six copies) to the Engineer. 1 PROJECT NO. 01236-P4/ISSUED FOR BID 16993-1 CONTROL BUILDING AND SWITCHGEAR MANUFACTURER'S FIELD SERVICES B. Manufacturer's tolerances for test data of Seller -furnished equipment. 1.06 QUALIFICATIONS A. Seller shall have a 5 -year record of satisfactory performance, shall have experience in testing comparable to the requirements of this Section and shall have successfully tested 3 projects similar in scope within the last 5 years. B. Personnel assigned to the testing shall be experienced in high voltage electric power equipment testing and be familiar with the test equipment to be used and with safety rules, regulations and practices; or they shall work under the immediate and continuous supervision of a person who meets these qualifications. PART 2 — PRODUCTS - NOT USED PART 3 — EXECUTION 3.01 CONTRACTOR'S RESPONSIBILITY DURING TESTING A. Detennine that all equipment is operational within industry and manufacturer's tolerances, is installed in accordance with design specifications, and is suitable for energization. B. Furnish, install and maintain all tools, material, test connections and power. C. Furnish all personnel and standby labor required for testing and adjusting all electrical facilities and their component parts. D. Provide adequate protection to all personnel during tests. E. Test equipment to be used shall be capable of testing to within industry and manufacturer's tolerances, with accuracy traceable to the National Bureau of Standards. The testing organization shall have a formal instrument calibration program. F. Avoid overstressing the equipment under test, or other equipment connected to it, in any way. W C. Unless specifically waived, perform tests in presence of the Buyer or Buyer's representative. H. Perform tests so as to assure installation is sound and will function as intended. I. Check control circuits for operation of all equipment. J. Advise Buyer immediately of any discrepancy or failure of a device on test. Failures l which are corrected by minor adjustment need not be so reported but must be noted J in test report. l PROJECT NO. 01236-P4/ISSUED FOR BID 16993-2 CONTROL BUILDING AND SWITCHGEAR MANUFACTURER'S FIELD SERVICES K. Correct all wiring errors found and make minor adjustments to equipment as 1 required to enable it to pass tests. 1 L. Record all test information on forms to be approved by Engineer. 3.02 SWITCHGEAR ASSEMBLY A. Provide all labor, material and equipment for unloading and complete assembly of switchgear shipping sections and metal enclosed bus on Buyer furnished concrete foundation. Connect metal enclosed bus to switchgear sections. B. Install batteries in the enclosurep rovided. 3.03 SPECIFIC TESTS AND CHECKS REQUIRED A. Equipment tests: 1. Power Circuit Breakers: 1 a. Visual inspection. b. Mechanical inspection. C. Insulation power factor. r�d. Contact resistance. . 1 e. Insulation resistance. 1 f. High potential direct current on vacuum interrupters (if applicable). g. Breakers travel and velocity analysis. h. Confirm proper operation in test position. i. Rack out each breaker and confirm proper operation. 2.. Battery System: a. Visual and Mechanical Inspection 1) Compare equipment nameplate data with drawings and specifications. 2) Inspect physical and mechanical condition. l 3) Verify tightness of accessible bolted electrical connections by calibrated torque -wrench method in accordance with manufacturer's published data. PROJECT NO. 01236-P4/ISSUED FOR BID 16993-3 CONTROL BUILDING AND SWITCHGEAR MANUFACTURER'S FIELD SERVICES 4) Measure electrolyte specific gravity and temperature and visually check fill level. 5) Verify presence of flame arrestors. 6) Verify adequacy of battery support racks, mounting, anchorage, and clearances. 7) Verify ventilation of battery room or enclosure. 8) Verify existence of suitable eyewash equipment. b. Electrical Tests: 1) Set charger float and equalizing voltage levels. 2) Verify all charger functions and alarms. 3) Set charger alarms to appropriate levels. 4) Check input voltage of chargers when connected, and reconnect inputs on proper input taps as required. 5) Measure each cell voltage and total battery voltage with charger energized and in float mode of operation. 6) Measure intercell connection resistances. 7) Perform cell impedance test. 8) Perform a capacity load test in accordance with manufacturer's specifications and ANSI/IEEE Std 450-1987. 9) Test Values: i. Bolt -torque levels shall be in accordance with manufacturer's published data. ii. Specific gravity shall be in accordance with manufacturer's recommended values. iii. Electrolyte level shall be within normal limits. iv. Cell voltages should be within 0.05 volt of each other or ` in accordance with manufacturer's published data. V. Intercell resistance should not vary by more than 25 percent for similar connections. PROJECT NO. 01236-P4/ISSUED FOR BID 16993-4 CONTROL BUILDING AND SWITCHGEAR MANUFACTURER'S FIELD SERVICES 3 M 5 vi. Cell impedance or conductance values should not vary by more than 25 percent for identical cells that are in a fully charged state. Surge arresters: a. Visual inspection. b. Mechanical inspection. Instrument Transformers a. Ratio and Polarity Test Switchgear and Switchboard Assemblies: a. Visual and Mechanical Inspection: 1) Compare equipment nameplate data with drawings and specifications. 2) Inspect physical, electrical, and mechanical condition. 3) Confirm correct application of manufacturer's recommended lubricants. 4) Verify appropriate anchorage, required area clearances, physical damage, and correct alignment. 5) Inspect all doors, panels, and sections for paint, dents, scratches, fit, and missing hardware. 6) Verify that fuse and/or circuit breaker sizes and types correspond to drawings. 7) Verify that current and potential transformer ratios correspond to drawings. 8) Verify tightness of accessible bolted electrical connections by calibrated torque -wrench method in accordance with manufacturer's published data. Perform thermographic survey. 9) Confirm correct operation and sequencing of electrical and mechanical interlock systems. i. Attempt closure on locked -open devices. Attempt to open locked -closed devices. PROJECT NO. 01236-MISSUED FOR BID 16993-5 CONTROL BUILDING AND SWITCHGEAR MANUFACTURER'S FIELD SERVICES l ii. Make key exchange with devices operated in off -normal positions. 10) Clean switchgear. 11) Inspect insulators for evidence ofe or h sical damage g contaminated surfaces. 12) Verify correct barrier and shutter installation and operation. 13) Exercise all active components. 14) Inspect all mechanical indicating devices for correct operation. 15) Verify that filters are in place and/or vents are'clear. 16) Test operation, alignment, and penetration of instrument transformer withdrawal disconnects, current -carrying and grounding. 17) Check each circuit breaker for correct operation of shutters, interlocks, auxiliary contacts, racking mechanisms, and ease of installation and withdrawal. 18) Check the complete assembly for alignment and fit of enclosure panels, bus connections and clearances. b. Electrical Tests \ 1) Perform tests on all instrument transformers in accordance with Section E. 2) Perform resistance tests through all bus joints with a low- resistance ohmmeter. Any joints that cannot be directly measured due to permanently installed insulation wrap shall be indirectly measured from closest accessible connection. 3) Perform insulation -resistance tests on each bus section, phase -to -phase and phase -to -ground. 4) Perform an overpotential test on each bus section, each phase to ground with phases not under test grounded, in accordance with manufacturer's published data. The test voltage shall be applied for one minute. L . 1 5) Perform insulation -resistance tests at 1000 VDC on all control wiring. Do not perform this test on wiring connected to solid-state components. 1 PROJECT NO. 0 1236-P4/ISSUED FOR BID 16993-6 CONTROL BUILDING AND SWITCHGEAR MANUFACTURER'S FIELD SERVICES l 6) Perform control wiring performance test. 7) Perform current injection tests on the entire current circuit in each section of switchgear. i. Perform current tests by primary injection, where possible, with magnitudes such that a minimum of 1 1.0 ampere flows in the secondary circuit. ii. Where primary injection is impractical, utilize 1 secondary injection with a minimum current of 1.0 ampere. r iii. Test current at each device. 8) Determine accuracy of all meters and calibrate watt-hour meters. Verify multipliers. 9) Potential Transformer Circuits i. Perform secondary wiring integrity test. Disconnect transformer at secondary terminals and connect secondary wiring to correct. secondary voltage. Confirm correct potential at all devices. ii. Verify secondary voltage by energizing primary winding with system voltage. Measure secondary voltage with the secondary wiring disconnected. 10) Verify proper operation of switchgear/switchboard heaters. 11) Verify proper operation of HVAC systems lighting and miscellaneous systems. C. Test Values 1) Bolt -torque levels shall be in accordance with NETA ATS - 97, Table 10.12 unless otherwise specified by manufacturer. 2) Compare bus connection resistances to values of similar connections. 3) Insulation -resistance values for bus, control wiring, and control power transformers shall be in accordance with manufacturer's published data. Overpotential tests should not proceed until insulation -resistance levels are raised above minimum values. 4) Apply overpotential test voltages in accordance with 1 manufacturer's recommendations. PROJECT NO. 01236-MISSUED FOR BID 16993-7 CONTROL BUILDING AND SWITCHGEAR MANUFACTURER'S FIELD SERVICES 6. Station Service Transformers: a. Verify proper connection and phasing. b. Verify proper output voltage. 7. Miscellaneous Equipment a: Confirm proper operation of HVAC system. b. Confirm proper operation of the emergency DC lighting. END OF SECTION PROJECT NO. 01236-P4/ISSUED FORBID 16993-8 CONTROL BUILDING AND SWITCHGEAR MANUFACTURER'S FIELD SERVICES APPENDIX FROM C.T. CIRCUIT (EXCEPT FOR DELTA CIRCUITS) FROM V.T. CIRCUIT NOTE: TERMINAL BLOCK WITH SHORTING STRIP O O TO SWBD./SWGR. DEVICES O O O O TO SWBD./SWGR. DEVICES SWITCHBOARD OR SWITCHGEAR 00 WIRE SWBD./SWGR. PANELS AS SHOWN SO RELAYS, METERS, AND DEVICES CAN BE ISOLATED FROM GROUND FOR TESTING PURPOSES. EIEC REV KT IAPP° PAH C.T. AND V.T. SECONDARY CIRCUIT GROUNDING