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HomeMy WebLinkAboutHVB c/o Utilicor 2010-04-12SECTION 00001 TITLE PAGE ORIGINAL CONTRACT PROCUREMENT CONTRACT NO. 01236-P2 115-kV Power Circuit Breakers for Orchard Substation I J I ( , i Issued-by: City of Ukiah Mendocino County, CA PROJECT NO. 01236-P2/ISSUED FOR BID Prepared by: R. W. Beck, Inc. Nashville, TN April 2010 00001-1 TITLE PAGE [THIS. PAGE INTEN"ONALLY LB7FT BLANK] SECTION 00005 CERTIFICXHON PAGE PROCUREMENT CONT'RAC'T' NO.01236-P2 115-1(V Power Circuit Breakers 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:_ (Al .,c1/t/n~ Quality Assurance: Contract Documents are hereby authorized for issue. R. W. BECK, INC. Keith Deaton, P.E. Regional Practice Manager Date of Issue ~1 CL S+Z' COPYRIGHT 2010, R. W. BECK, INC., ALL RIGHTS RESERVED. PROJECT NO.01236-P2/ISSUED FOR BID 00005-1 CERTIFICATION (THIS PAGE WTEN"ONALLY LEFT BLANK] SECTION 00010 TABLE OF CONTENTS PROCUREMENT CONTRACT NO. 01236-V2 115-kV Power Circuit Breakers 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 CONTRACTING REQUIREMENTS 00510 Notice of Award 2 00520 Procurement Agreement 6 Seller's Bid Documents 00611 Performance Bond for Procurement Contracts 2 00612 Payment Bond for Procurement Contracts 2 00700 Standard General Terms and Conditions 22 00900 Addendum No. 1 2 DIVISION 1 - GENERAL REOUIREMENTS 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 01770 Closeout Procedures 1 DIVISION 16 - ELECTRICAL 16352 115-kV Power Circuit Breakers 9 END OF SECTION PROJECT NO. 01236-P2/ISSUED FORBID 00010-1 TABLE OF CONTENTS UMIS. ?AGE INTO '1'tONA.LLYY LEFr BLANKI ~l t~ ~l ~l [l SECTION 00510 NOTICE OF AWARD : Ll i DATE: 4,-'w 2-3) 20 t O TO: HVB c/o Utilicor 1645 North Parkway Jackson. TN 38301 Attention: Joel Wright PROJECT: Orchard Substation BUYER'S CONTRACT NO.: 01236-P2 CONTRACT FOR: 115-kV Power Circuit Breakers Procurement You are notified that your Bid dated February 11, 2010 for the above Contract has been considered. You are the apparent successfid bidder and have been awarded a contract for the following Goods: Bid Item A. Furnish four (4) 115-kV, 1,200 Amp continuous, 40 kA interrupting capability power circuit breakers, including delivery F.O.B. to Buyer's site, including special tools and equipment necessary for installation and maintenance, and including sales tax (8.75%), as specified. Bid Item A. Lump Sum Bid Price: Two Hundred Forty-Seven Thousand Nine Hundred Fifty and 31/100 Dollars ( 247,950.00} (Use words) (Use figures) Bid Item B. Provide two days of field services to commission circuit breakers per Section 01400, Quality Requirements. Bid Item B. Lump Sum Bid Price: Seventeen Thousand, Niiie.Hundred Thirtv and 00/100 Dollars 17.930.00 (Use words) (Use figures) Spare Parts Adder: Provide one trip coil, one close coil, one charging motor, one set of gaskets, and one high voltage bushing; including sales tax (8.75%), as specified. Three Thousand Nine Hundred Thirty-One and 31/100 Dollars 3.93.1.31) (Use words) (Use figures) PROJECT NO. 0 1236-P2/ISSUED FOR BID 00510-1 NOTICE OF AWARD TO: HVB c/o Utilicor 1 Notice of Award Page 2 TOTAL CONTRACT PRICE: Two Hundred Sixty-Nine Thousand. Eight Hundred Eleven and 31/100 Dollars ($1691811.31) (Use words) (Use figures) l The deadline for delivery of equipment is 180 days from the Date of Agreement. 1 Copies of the proposed Contract Documents will follow this Notice of Award. Please comply 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. l Failure to comply with these conditions within the time specified will entitle the Buyer to consider J your bid abandoned and to annul this Notice of Award. Within 10 days after you comply with those conditions, the Buyer will provide copies of the Agreement and Contract Documents for your execution. City of Ukiah t By (AUTHO D IGNAT qu6C: its ~,Jc 5'u Pee. J r sa,z (TITLE) I Copy to Engineer (Use Certified Mail, Return Receipt Requested) i PROJECT NO. 0 1 236-P2/ISSUED FOR BID 00510-2 NOTICE OF AWARD ' l l ~l l SECTION 00520 AGREEMENT (Based on EJCDC No. P-520, 2000 edition) THIS AGREEMENT is by and between CITY OF UKIAH (hereinafter called "Buyer") and HVB C/O UTILICOR (hereinafter called "Seller"). Buyer and Seller, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. GOODS AND SPECIAL SERVICES 1.01 Seller shall furnish the Goods and Special Services as specified or indicated in the Contract Documents. The Goods and Special Services to be furnished are generally described in Section 01110 as design, manufacture, delivery, unloading, and testing of four (4) 115-kV Power Circuit Breakers for Orchard Substation. 1 Article 2. THE PROJECT 2.01 The Project for which the Goods and Special Services to be provided under the Contract J Documents may be the whole or only a part is generally described as the Orchard Substation J located in Ukiah, California. Article 3. ENGINEER 3.01 The Contract Documents for the Goods and Special Services have been prepared by R. W. Beck, .Inc., who is hereinafter called Engineer and who is to assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with the furnishing of the Goods and Special Services. Article 4. POINT OF DESTINATION 4.01 The place where the Goods are to be delivered and unloaded is defined in the General Conditions as the Point of Destination and is designated as the Buyer's Orchard Substation site foundation located at the intersection of Gobbi Street and Orchard Avenue in Ukiah, California. Article 5. CONTRACT TIMES 5.01 Performance A. Seller recognizes that prompt performance of all phases of the work is important J and agrees to take all normal and reasonable measures to assure on-time shipment of all goods and materials. ~l PROJECT NO. 01236-P2/ISSUED FORBID 00520-1 AGREEMENT 5.02 Days for Submittal of Shop Drawings A. All Shop Drawings and Samples required by the Contract Documents will be submitted to Buyer for Engineer's review and approval within 60 days after Notice of Award. 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 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 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 acceptable Goods are not delivered on time. Accordingly, instead of requiring such proof, Buyer 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 week that expires after the time specified in Paragraph 5.03 for delivery of acceptable Goods. Number of days Daily Liquidated Damage Amount Per Breaker 0-30 $100.00 31 and beyond $200.00 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: BID ITEM `A' Furnish four (4) 115-kV, 1,200 Amp continuous, 40 kA interrupting capability power circuit breakers, including delivery F.O.B. to Buyer's site, including special tools and equipment necessary for installation and maintenance, and including California sales tax (8.75%), as specified. BID ITEM `A' LUMP SUM CONTRACT PRICE: Two Hundred Forty-Seven Thousand, Nine Hundred Fifty and 31/100 Dollars 247,950.00) (Use words) (Use figures) J PROJECT NO. 01236-P2/ISSUED FOR BID 00520-2 AGREEMENT BID ITEM `B' Provide two days of field services to commission circuit breakers per Section. 01400, Quality Requirements. BID ITEM `B' LUMP SUM CONTRACT PRICE: Seventeen Thousand, Nine Hundred Thirty and 00/100 Dollars 17,930.00) (Use words) (Use figures) SPARE PARTS ADDER: Provide one trip coil., one close coil, one charging motor, one set of gaskets, and one high voltage bushing, including sales tax (8.75%), as specified. Three Thousand, Nine Hundred Thirty-One and 31/100 Dollars 3,931.31) (Use words) (Use figures) TOTAL CONTRACT PRICE: Two Hundred Sixty-Nine Thousand, Eight Hundred Eleven and 31/100 Dollars 269,811.31) (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 l General Conditions. Applications for Payment will be processed by Engineer as provided in the J 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. ~l PROJECT NO. 01236-P2/ISSUED FOR BID 00520-3 AGREEMENT 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 related data identified in the Bidding Documents, 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 the 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. Performance Bond 5. Payment Bond 6. Insurance Certificate or other Evidence 7. Section 00700, General Conditions j 8. Section 00900, Addenda Nos. 1 to inclusive 9. Sections of Divisions 1 through 16, Specifications as listed in the table of contents J 10. 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) PROJECT NO. 01236-P2/ISSUED FORBID 00520-4 AGREEMENT l !1 C. 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. D. The Contract Documents may only be amended or supplemented as provided in Paragraph 3.04 of the General Conditions. 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.] PROJECT NO. 01236-P2/ISSUED FOR BID 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 Documents have been signed or identified by Buyer and Seller or on their behalf. This Agreement will be effective on Buyer: Y- 12,10 CITY OF UKIAH Attest: Address for giving notices: CITY OF UKIAH (If Buyer is a corporation, attach evidence of authority to sign. If Buyer is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of the Buyer-Seller Agreement.) Designated Representative Name: Title: Address: Phone: Fax: Email: Seller: By.. c (CORPORATE SEAL) Attest l 6 ,1-R 1-1 41 Address for giving notices: -S, y u)6-0 tJZ: 6-A- z:?rn~ (If Seller is a corporation or partnership, attach evidence of authority to sign.) Designated Representative Name: CCU A AC =fit , C_14-4-L- L- c~ S -~L yvt T-itle:, C> (o/04 Address:'7.2 Viz) 4j ('6 i \i At S rf. ~z/'` Phone:. Fax: ` 70' Email: '1 ~'Z c~ 1. to F'j ~y m PROJECT NO. 01236-P2/ISSUED FOR BID 00520-6 AGREEMENT FE-XH A J SECTION 00410 BID FORM PROCUREMENT CONTRACT NO. 01236-P2 115-kV Power Circuit Breakers Orchard Substation City of Ukiah ARTICLE 1- BID RECIPIENT 1.01 THIS BID IS SUBMITTED BY. V Ae Power S s' too r%(' THIS BID IS SUBMITTED TO: CITY OF UKIAH c/o R. W. Beck, Inc. 131 Saundersville Road, Suite 300 Hendersonville, TN 37075 Attention: Mr. Anthony Hanson 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. PROJECT NO. 01236-P2/ISSUED FOR BID 00410-1 BID FORM 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 of which is hereby acknowledged): ADDENDUM NUMBER DATE 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 furnishing 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 from Bidder's visits, if any, to the Point of Destination with the Bidding Documents. E. Bidder has given the Buyer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by the 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 the Buyer. It l J PROJECT NO. 01236-P2/ISSUED FOR BID 00410-2 BID FORM 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. Furnish four (4) 115-kV, 1,200 Amp continuous, 40 kA interrupting capability power circuit breakers, including delivery F.O.B. to Buyer's site, including special tools and equipment necessary for installation and maintenance, and including California sales tax (7.25%), as specified. BID ITEM `A' LUMP SUM BID PRICE: Two hundred Forty Four Thousand Five Hundred Thirty dollars and 00 1100 244+530.00 ) (Use words) (Use figures) B. Provide two days of field services to commission circuit breakers per Section 01400, Quality Requirements. BID ITEM IB' LUMP SUM BID PRICE: Two hundred SbdY Two thousand Four hundred Sixtv dollars 00 262.46100,, (Use words) (Use figures) 4.03 PROPOSAL INFORMATION - 115-kV CIRCUIT BREAKERS 1. Name of manufacturer: HVI3 AE Power Systems Inc. 2. Method of shipment: Truck 3. Weight: 7000 IbsJ ea. 4. Location of nearest field engineering support services: Suwanee, GA. Suwanee, GA. 5. Location of manufacturing facility: 6. Circuit breaker type and number: HS14514013000 7. Maximum number of operations at maximum rated short circuit current before maintenance is required: 10 8. Recommended maintenance required and recommended maintenance intervals: 2000 line operation Interruptions or 10 full fault interruptions 9. Dimensions; a. Length overall 1) Mechanism doors closed 149A Inches PROJECT NO. 01236-P2/ISSUED FORBID 00410-3 BID FORM i r H 2) Mechanism doors open 197A Inches b. Width overall 1) Mechanism doors closed 90.7 Inches 2) Mechanism doors open 134.7 Inches 3) Center-to-center between phases 63.1 Inches C. Height overall 1) To top of tallest bushing 177A Inches 2) Bushing removal height 214.49 Inches 10. Circuit breaker weights: a. Net weight of breaker 7000 Pounds b. Shipping weight of breaker, less loose parts 7000 Pounds 11. List spare parts, with net prices shown F.0, B. site, recommended by manufacturer. See attached sheet ARTICLE 5 - TIME OF COMPLETION 5.01 Bidder agrees that the Goods will be delivered to the Point of Destination on or within a period of 15 days prior to the date specified in Section 00520, Paragraph 5.03A of the Contract Documents. If completion cannot meet specified date, the Bidder agrees that the Goods will be delivered to the Point of Destination by: Bid Item A: Agree 5.02 All Shop Drawings and Samples required by the Contract Documents will be submitted to Engineer for review and approval on or within a period of 15 days prior to the date specified in Section 00520, Paragraph 5.02A of the Contract Documents. If completion cannot meet specified date, the Bidder agrees that the Shop Drawings and Samples will be submitted by: Bid Item A: Agree 1 PROJECT NO.0123b-P20SUM FOR BID 00410-4 BID FORM ~J ARTICLE 6 - COMMUNICATIONS 6.01 Communications concerning this Bid shall be addressed to: Name: Drew K. MacMichael Title: Western Regional Sales Manager Address: 7250 McGinnis Ferry Rd. Suwanee, GA. 30024 7146741051 Telephone: Fax; drewm[,hvbl.com Email: ARTICLE 7 - ATTACHMENTS TO THIS BID 7.01. The following documents are attached to and made a condition of this Bid: A. Evidence of ability to meet insurance requirements of the General Conditions B. Section 00435 - Proposed Exceptions or Deviations C. Section 00440 - Bid Bond D. Section 00445 - Bid Submittal Checklist E. Section 00450 - Bidder's Qualifications Form F, Section 00460 - Non Collusion Affidavit G. Other Attachments (list items below or indicate "None") ARTICLE 8 - DEFINED TERMS The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. PROJECT NO. 01236-IVISSUED FORBID 00410-5 BID FORM l SUBMITTED ON February11th . 2010, I If Bidder is: An Individual doing business as Business Address (Individual's Name) Telephone No. A Partnership By (Firm Name) Business Address Telephone No. A Corporation By MVB AE Power Systems Inc. Georgia (Corporation Name) (State of Incorporation) By Drew K. MacMichael (Name of Person Authorized to Sign) Western Regional Sales Manager (Title) (Corporate Seal) Mako t o Nakagome Attest t aa rrvv 1 7250 McGinnis Ferry Rd., SuwdnS 6~ W24 Business Address Telephone No. 714.647-1052 A Joint Venture By. (Name) (Address) By (Name) (Address) (Address and telephone number for official communications) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to 1 the joint venttxe should be in the manner indicated above). lI END OF SECTION l PROJECT NO. 01236-P2/ISSUED FOR BID 00410-6 BID FORM SECTION 00435 PROPOSED EXCEPTIONS OR DEVIATIONS PROCUREMENT CONTRACT NO. 01236-P2 115-kV Power Circuit Breakers Orchard Substation City of Ukiah PROPOSED EXCEPTIONS AND DEVIATIONS MAY ONLY BE SUBMITTED ON THIS FORM AND MAY BE ACCEPTED OR REJECTED UNILATERALLY BY THE BUYER, IN ITS SOLE DISCRETION. Each exception and deviation proposed (excluding Priced Options specified in the Bid Form) must be summarized and additively or deductively priced below with specific details attached in accordance with the instructions below. The sumalmy must 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 presentation of exceptions may be considered non responsive and may be re ected at the discretion of the Buyer. SUMMARY Description PriceAdjustment . Amount (Indicate deductions in parentheses) There is not enough room on this page, please see attached exceptions. l PROJECT NO. 01 236-PMSSUED FOR BID 00435-1 PROPOSED EXCEPTIONS OR DEVIATIONS i Description PriceAdjustment Amount (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 language. 3. Exceptions that are general, which make reference to Seller's standard terms and conditions, or which make reference to Seller's descriptive information as a whole are not acceptable. 4. Each exception or deviation is to be separately priced. Zero may be used. END OF SECTION !1 PROJECT NO. 01236-P2/ISSUED FORBID 00435-2 PROPOSED EXCEPTIONS OR DEVIATIONS ~l SECTION 00445 BID SUBMITTAL CHECKLIST PROCUREMENT CONTRACT NO. 01236-P2 115-kV Power Circuit Breakers Orchard Substation City of Ukiah Bidder confirms that the following documents are fully completed, included in and made a part of its Bid. 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 - Bidders Qualifications Form Section 00460 - Non Collusion Affidavit Identify any Attachments below submitted by Bidder that are to be made part of its Bid. (list items below or indicate "None") Reccomended spare parts list. List of exceptions. Outline drawing Control drawing Instruction book Data sheet to.. the City of Ukiah in J Three signed originals of the above have been sub71/ J accordance with Section 00200. J Confirmed by Bidder v PROJECT NO.01236-P2IISSUED FORBID 00445-1 BID SUBMITTAL CHECKLIST SECTION 00450 BIDDER'S QUALIFICATIONS FORM PROCUREMENT CONTRACT NO. 01236-P2 115-kV Power Circuit Breakers Orchard Substation City of Ukiah The following manufacturers are proposed to be employed to furnish components of the Goods: Name Address Type of Components Percent of Total Coot of Goods Fushun China Bushin 15 Japan AE Power Tokyo, Japan Breaker dy and Interuptor assembly 45 HVB AE Power uwanee, GA. Control binet 15 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. 1. Bidder has been in business continuously from the year 1977 2. Bidder has had experience in manufacturing equipment comparable to that required by the Contract Documents as a prime manufacturer for 33 years, as a component manufacturer for 33 years, or as an equipment supplier for 33 years. PROJECT NO. 01236-P2/ISSUED FORBID - 00450-1 BIDDER'S QUALIFICATIONS FORM 3. 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; Year Name Location Contract Amount 2009 Eugene Water and Electric Board City of Eugene, OR. 245,000.00 2009 Interstate elctrical Contractors Firebaugh, CA 104,800.00 2009 AEP Tulsa, OK. 50,522.oo 2009 Kansas City Power and light Oak Grove, MO. 106000.00 2009 Municipality of Anchorage Anchorage, AK. 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 maj or or minor repair work that may be required on the uipment. Each Bidder shall also submit locations of trained service personnel and suita"(facilities nearest the Project site, capable of repair or replacement of any part of the equipment to be furnished. 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 1 PROJECT NO.01236-P20SUED FOR BID 00450-2 BIDDER'S QUALIRCATIONS FORM SECTION 00464 NONCOLLUSION AFFIDAVIT Drew K. MacMichael being duly sworn depose and under the penalty of perjury say that the following is true: I. 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 competition with any other contractor, competitor, Bidder, or potential Bidder. 3. Unless otherwise required by law, neither the price(s) nor the amount of this Hid 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. 1 4. No attempt has been made or will be made to solicit, cause, or induce any firm, partnership, corporation, or J 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 form of complementary Bid, or for the purpose of restricting competition. 5. The Bid of my firm is made in good faith and not pursuant 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 from 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 not been promised any subcontract or agreement regarding the sale of materials or services 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 than 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, HVB AE Power Systems Inc. Attest: Sworn to me this day of and Company Position Drew K. MacMichael, Regional Sales Manager Type Name Company osition Date: 9 71 24 l r By: PROJECT NO, 01236-P2/ISSUED FORBID 00460.1 NONCOLLUSION AFFIDAVIT ATTACHMENT TO SECTION 00435 PROPOSED EXCEPTIONS OR DEVIATIONS 1 , 1 , I 1 PROCUREMENT CONTRACT NO. 01236-P2 115-kV Power Circuit Breakers, Orchard Substation, City of Ukiah Price Page Section Paragraph Title and Description Adjustment Amount Liquidated Damages: Accordingly, instead of requiring such proof, Buyer and Seller agree that as liquidated damages for delay (but not as a penalty) 00520-2 00520 5.04 Seller shall pay Buyer [Q. ° $0.00 eaehAveek] the amount as indicated in the following table for each day that expires after the time specified in Paragraph 5.03 for delivery of acceptable Goods. Seller's Warranties and Guarantees: 00700-12 00700 5.08B Seller warrants and guarantees to Buyer that and the Goods Not applicable will be without defect, damage or malfunction [and e€ Please add the following new paragraph: F. THE FOREGOING WARRANTIES ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY SELLER IN 5.08F CONNECTION WITH THIS CONTRACT. EXPRESS OR 00700-12 00700 Not applicable (new) IMPLIED. SELLER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please add the following new paragraph: 14.06 Limitation of Liability Seller's total liability for all claims of any kind, whether based on contract, warranty, indemnity, tort (including negligence), strict liability or otherwise, for any loss or damage arising o of, or resulting from this Contract, or from its performance or breach. or from the Goods or Services furnished hereunder shall 14.06 00700-22 00700 (new) not exceed the total Contract Price. Not applicable Neither Buyer nor Seller shall be liable to the other party for any indirect, incidental, consequential, special or punitive damages as a result of the performance or non performance of the obligations imposed pursuant to this Contract, including loss of profit, loss of use, loss of any contract, claims of customers for service interruptions, costs incurred in connection with substitute facilities or su 1 sources. Design and Performance Requirements: 16352-2 16352 1.03.E E. Provide five-year warranty on equipment. counted from the Not applicable date of delive of Goods. j HVB AE Power Systems, Inc. 7250 McGinnis Ferry Rd. i Suwanee, GA 30024 fl TEL: (770) 495-1755 FAX: (770) 623-9214 SPARE PARTS: Charging Motor PN 24-1239-00: $1,165.00 each Trip Coil PN 24-1285-125: $400.00 each Close Coil PN 24-1285-125: $400.00 each Gasket Set PN 63-1002-01: $250.00 per pole Spare Bushing PN 02-1000-00: $1,400.00 each Note: The above pricing is for shipment with the breakers, if ordered at a later date, additional shipping charges may apply. SPECIAL TOOLS: (included in our quoted price) Qty I Description 1 Doble Bracket 1 Doble Rod 1 Gas Handling Adapter 1 Manual Opening Screws 1 SF6 Gas Transfer Tool One Set for every substation or every five breakers. ACCESSORIES: (included in our quoted price) Description Wi es Grease: Mobile #28 Grease: Hitalube #280 COMMON TOOLS REQUIRED FOR BREAKER: (Not included with breaker) 1 set Metric sockets 10mm to 30mm 1 set Metric open and closed end wrenches l Omm to 30mm 1 set Phillips head screwdrivers 1 set Flat head screwdrivers I hope you find our proposal favorable. If further information is needed please don't hesitate to contact me at the number above. Thank you for this opportunity. Regards, Drew MacMichael Western Regional Sales Manager HVB AE Power Systems, Inc. i SECTION 00611 PERFORMANCE BOND FOR PROCUREMENT CONTRACTS Bond No. 105427837 Any singular reference to Seller, Surety, Buyer or other party shall be considered plural where applicable. I SELLER (Name and Address): SURETY (Name and Address of Principal Place HVB AE Power Systems Inc. of Business): 1 7250 McGinnis Ferry Rd Travelers Casualty and Surety Company of America J Suwanee, GA 30024 343 Thornall Street BUYER (Name and Address): Edison, NJ 08837 City of Ukiah, CA 300 Seminary Ave. Ukiah, CA 95482 CONTRACT Date: April 22, 2010 11 Amount:Two hundred sixty nine thousand eight hundred eleven and 31/100 Dollars ($269,811.31) Description (Name and Location): Contract No. 01236-P2, 115-kV Power Circuit Breakers, Orchard Substation ri BOND Date (Not earlier than Contract Date): April 22, 2010 Bond Number: 105427837 Amount: Two hundred sixty nine thousand eight hundred eleven and 31/100 Dollars ($269,811.31) 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 Company: (Corp. Seal) HV AE Pow Systems, 'pp- Signature: . Name and Title:l SPsv f6Y V r.,t i ~°~I ~~,nn Surety Trave errs Casualty a d Surety Company- ru of Amer'c (Corp. Seal) Si ture: Nam and Titl (Attach o r of Attorney) Address:300 Broadhollow Road, Melville, NY 11747 Telephone Number: 631-425-4011 , f ; (Space is provided below for signatures of additional parties, if required.) I Seller as Principal J Company: (Corp. Seal) Signature: l Name and Title: EJCDC No. P-610 (2000 Edition) k ~l Surety Company: Signature: Name and Title: Address: Telephone Number: (Corp. Seal) 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 ofthe 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 negotiated proposals 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. 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. 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 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 hr 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. 12. Definitions 12.1. Balance of the Contract Price: The total amoum 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. 00611-2 I POWER OF ATTORNEY TRAVELER.? J 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 Attorney-In Fact No. 221224 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 3 5 3 7 7 5 6 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 Francesca Papa, Theresa Giraldo, Terry Ann Gonzales-Selman, James P. Holland, Tracey D. Watson, Migdalia Otero, Christopher J. McCarty, and Peter Healy of the City of New York , State of New York , 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 in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of May 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 pl.SUq $,~,'ytnTxYp~ ~F\FE~GN ~~,It IMfG ,.•',j INSUge,~ JP~tY ANO mG ~µ6511y~. 4f,~IiY.tl~ ~pv~T ~ `'0 6 N etf OkPORA>'~ PORAT':oi~5t ~ 9a ,-O~' "b O WCORPORATED m ~1 t'.3't (!i1v%S8RL; „ o r ~b►'y . >,~aa ~d a~s~F mo~co. 6aj........vaPf ~a,•.. .~aau vbb +ar 1..... vs~i~ ~.I~ L_.l State of Connecticut By: - A:~,4)~ City of Hartford ss. Georg Thompson, Uor ice President On this the 14th day of May 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. 'i a.TlTq~ In Witness Whereof, I hereunto set my hand and official seal. p~ My Commission expires the 30th day of June, 2011. RN 58440-4-09 Printed in U.S.A. t~ WARNING: THIS POWER OF ATTORNEY IS INVALID 14th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Marie C. Tetreault, Notary Public THE RED BORDER 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 11 f Surety Company, Travelers Casualty and Surety Company of America, and United°States Fidelity 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 Companies; which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of n1 20 10 -Is Kori M. Johans Assistant Secretary pASU•~~~ W"n' r19n ~ Jy F1R E .6y ~~N ~NSG p~M IN o SU aa pq~., ,p~tY AI~G~ CE, _".':Y p~• OA~f .b n z 1 9 8 2 o Z FC ~ a Y L; n ~ i o ~ CCN 1886 t; 1851 ~t•SEAL o3 o SSAL:'3 WO$ f~'~Oe~ a~ . s c l! o s~ c d.........• L J d... a >s e r ate' ry ' "N 15..ra d1 ANa r9 AtN Mru, • 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. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER II , .11 ACKNOWLEDGMENT OF SURETY COMPANY STATE OF NEW YORK COUNTY OF NEW YORK On this April 22, 2010 before me personally came Theresa Giraldo to me known who being by me duly sworn, did depose and say that he/she resides in New York, NY; that he/she is the Attorney-in-Fact of the TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York, has pursuant to Section 1111 of the Insurance Law of the State of New York issued to TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Surety) his/her certificate of qualification, evidencing the qualification of said company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accepting and approving it as such; and that such certificate has not been revoked. TRACEY D. WATSON NOTARY PUBLIC, State of New York No. 01 WA5019877 Qualified In Queens County Certificate Filed in New York County Tracey D. Wats n, N tary Public Commission Expires Nov. 1, 20-4 I'l 'I., TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 06183 FINANCIAL STATEMENT AS OF DECEMBER 31, 2008 AS FILED IN THE STATE OF NEW YORK CAPITAL STOCK $ 6,000,000 ASSETS LIABILITIES & SURPLUS CASH & INVESTED CASH BONDS STOCK INVESTMENT INCOME DUE AND ACCRUED PREMIUM BALANCES NET DEFERRED TAX ASSET REINSURANCE RECOVERABLE OTHER ASSETS 1 TOTALASSETS $ 146,779,723 UNEARNED PREMIUMS $ 846,309,219 3,452,929,381 LOSSES $22,955,804 7,586,626 LOSS ADJUSTMENT EXPENSES 276,222,162 46,6560,631 COMMISSIONS 52,167,066 303,562,195 TAXES, LICENSES AND FEES 43,371,400 40,073,233 OTHER EXPENSES 29,247,064 12,426,353 FUNDS HELD UNDER REINSURANCE TREATIES 105,982,816 86,225,430 CURRENT FEDERAL AND FOREIGN INCOME TAXES 104,163,980 REMITTANCES AND ITEMS NOT ALLOCATED 57,573,235 AMOUNTS WITHHELD I RETAINED BY COMPANY FOR OTHERS 31,564,808 RETROACTIVE REINSURANCE RESERVE 11,097,864 POLICYHOLDER DIVIDENDS 9,605,141 PROVISION FOR REINSURANCE 5,498,724 CEDED REINSURANCE NETPREMIUMS PAYABLE (45,467,530) OTHER ACCRUED EXPENSES AND LIABILITIES 11,021,928 TOTAL LIABILITIES $ 2,361,313,681 CAPITAL STOCK $ 61000,000 PAID IN SURPLUS 303,297,402 OTHER SURPLUS 1.425.632;488 TOTAL SURPLUS TO POLICYHOLDERS $1,734,929,890 X096 243,572 TOTAL LIABILITIES & SURPLUS $ 4,09fi,243,572 STATE OF CONNECTICUT ) COUNTY OF HARTFORD )SS. CITY OF HARTFORD ) i l ERIC B. BRUDER, BEING DULY SWORN, SAYS THAT HE IS CHIEF FINANCIAL OFFICER -TRAVELERS BOND & FINANCIAL PRODUCTS, I OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING i IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 31st DAY OF DECEMBER, 2008. CHIEF FINANCIAL OFFICER - 80ND & FINANCIAL PRODUCTS 1 SUBSCRIBED AND SWORN TO BEFORE ME THIS JI 17th DAY OF APRIL, 2009 I IM 3AkA N TAI2 U LIC MARIE C. TETREAULT Nottay Public• ull C'en11111 viOll EvIlit c.v bir a 30, 01 f SECTION 00612 PAYMENT BOND FOR PROCUREMENT CONTRACTS Bond No. 105427837 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 HVB AE Power Systems Inc. of Business): 7250 McGinnis Ferry Rd Travelers Casualty and Surety Company of America Suwanee, GA 30024 343 Thornall Street BUYER (Name and Address): Edison, NJ 08837 City of Ukiah, CA 300 Seminary Ave. Ukiah, CA 95482 CONTRACT Date: April 22, 2010 Amount: Two hundred sixty nine thousand eight hundred eleven and 31/100 Dollars ($269,811.31) Description (Name and Location): Contract No. 01236-P2, 115-kV Power Circuit Breakers, Orchard Substation BOND Date (Not earlier than Contract Date): April 22, 2010 Bond Number: 105427837 AmountTwo hundred sixty nine thousand eight hundred eleven and 31/100 Dollars ($269,811.31) Modifications to this Bond Form: Payment Bond rider Seller as Principal Company: (Corp. Seal) HVB AE Power Systems Inc. Signature"44> Name and' Title: fSu a- t I1` e 7j7vl,61e,, 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. Surety Travers Casualty and urety Company:C mjflhfp of America (Corp. Seal) Signatur ' Name and t ►t+r~s~ l~~ A ' J` (Attach Power of Attorney) Address:300 Broadhollow Road, Melville, NY 11747 Telephone Number: 631-425-4011 (Space is provided below for signatures of additional parties, if required.) Seller as Principal Surety Company: (Corp. Seal) Company: Signature: Name and Title: Signature: Name and Title: Address: Telephone Number: i EJCDC No. P-615 (2000 Edition) 00612-1 (Corp. Seal) I i 1. 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 perfomrance 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 a direct 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 furnished written notice to Seller and sent a copy, or notice thereof, to Buyer, within 90 days after having last performed labor or last furnished 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 furnished 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 ofthe 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. Bayer 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. 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 furnished to comply with a statutory or other legal requirement in the location where the Contract was to be perfornied, 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.oontract with Seller or with a Subcontractor of Seller.to furnish labor, materials or equipment for use in the peeormahce 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, tebephone 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 fimished. 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. 00612-2 POWER OF ATTORNEY TRAVELERS J~ 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 Attorney-In Fact No. 221224 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 3 5 3 7 7 5 5 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 Francesca Papa, Theresa Giraldo, Terry Ann Gonzales-Selman, James P. Holland, Tracey D. Watson, Migdalia Otero, Christopher J. McCarty, and Peter Healy of the City of New York , State of New York , 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 in any actions or proceedings allowed by law. IN WITN MSS WHEREOF, the Companies this instrument to be signed and their corporate seals to be hereto affixed, this day of May 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 14th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company A6U 4lRE 4 *N ~Nf INSUq wk Jp~,TY A/y0 Fla~9Qj, ~tY,t,yO G[~' 'p/ZIJ rL f, 9r`y 6r . ~ ~y9$ ~~ORPOR 9~ ~GJ• ~y0 pp G'9 ~ ~ fin a WCORPDRATED z at A>Fhu~eOCaPONATfi,^3 a INS z 19 8 2 0 1977 ~ it. 1 ~ ; o NaArpoRD, < xARnaAO, 5 1896 ~e Sa O 1981 m ~;SEALjO I~- SEALONN. ::a °v:••.. ..:aae vyb +Da f...~ v9` ~y ~~Wnin~N„W ~.S..M..+ Sr,nnn,M~ 1 ,•t~ t11.. State of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President On this the 14th day of May 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. ~0.7 l7 In Witness Whereof, I hereunto set my hand and official seal. Ali My Commission expires the 30th day of June, 2011. p~L,G r~ L. i 58440-4-09 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID Marie C. Tetreault, Notary Public BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER r l 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: l 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~Statesf Fidelity 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 Companies; -which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 1 .20 Kori M. Johans Assistant Secretary Y 4"a YY pFSUA 1NE q' ~N Iryy °iNg~, ~1 ~apFyt 'Wo ti ~ ♦ 'bn (1 ~ f~SR PORA>'. ~i pPORAT 1p ° 9a cL t 9 8 2 o OONPORATED m ~l e• W• oo s; E `!.~"yE a 1977 c~• tm ;~v HAHT F t ORD. < er-t,CON8~ ~ AtN Mrx ♦ 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. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ACKNOWLEDGMENT OF SURETY COMPANY STATE OF NEW YORK COUNTY OF NEW YORK On this April 22, 2010 before me personally came Theresa Giraldo to me known who being by me duly sworn, did depose and say that he/she resides in New York, NY; that he/she is the Attorney-in-Fact of the TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York, has pursuant to Section 1111 of the Insurance Law of the State of New York issued to TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Surety) his/her certificate of qualification, evidencing the qualification of said company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accepting and approving it as such; and that such certificate has not been revoked. TRACEY D. WATSON NOTARY PUBLIC, State of New York No. 01 WA501987T Qualified In Queens County (it Certificate Filed in New York Co Tracey D. Wats 0, Notary Public Commission Expires Nov. 1, 202 i TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 06183 FINANCIAL STATEMENT AS OF DECEMBER 31, 2008 AS FILED IN THE STATE OF NEW YORK CAPITAL STOCK $ 6,000,000 l CASH & INVESTED CASH $ 146,779,723 UNEARNED PREMIUMS $ 846,309,219 BONDS 3,452,929,381 LOSSES 822,955,804 STOCK 7,586,626 LOSS ADJUSTMENT EXPENSES 276,222,162 INVESTMENT INCOME DUE AND ACCRUED 46,660,631 COMMISSIONS 52,167,066 PREMIUM BALANCES 303,562,195 TAXES, LICENSES AND FEES 43,371,400 NET DEFERRED TAX ASSET 40,073,233 OTHER EXPENSES 29,247,064 REINSURANCE RECOVERABLE 12,426,353 FUNDS HELD UNDER REINSURANCE TREATIES 105,982,816 OTHER ASSETS 86,225,430 CURRENT FEDERAL AND FOREIGN INCOME TAXES 104,163,980 REMITTANCES AND ITEMS NOT ALLOCATED $7,573,235 l AMOUNTS WITHHELD I RETAINED BY COMPANY FOR OTHERS 31,664,808 1 RETROACTIVE REINSURANCE RESERVE 11,097,864 POLICYHOLDER DIVIDENDS 9,606,141 PROVISION FOR REINSURANCE 5,498,724 CEDED REINSURANCE NETPREMIUMS PAYABLE (45,467,530) OTHER ACCRUED EXPENSES AND LIABILITIES 11,021,928 TOTAL LIABILITIES 2,361,313,681 CAPITAL STOCK $ 61000,000 l PAID IN SURPLUS 303,297,402 1 OTHER SURPLUS LDE S H 1 425 632 488 890 734 929 1 TOTAL SURPLUS TO POLICY O R , , , r TOTAL ASSETS $ 4,096,243,572 TOTAL LIABILITIES & SURPLUS $ 4,096,243,572 I STATE OF CONNECTICUT } COUNTY OF HARTFORD }SS. CITY OF HARTFORD } ERIC B. BRUDER, BEING DULY SWORN, SAYS THAT HE IS CHIEF FINANCIAL OFFICER -TRAVELERS BOND & FINANCIAL PRODUCTS, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 31st DAY OF DECEMBER, 2008, 9& CHIEF FINANCIAL OFFICER -BOND & FINANCIAL PRODUCTS SUBSCRIBED AND SWORN TO BEFORE ME THIS 17th DAY OF APRIL, 2009 I N T' R UBLIC . MARIE C. TETREAULT Nutaan Public Mt ~'iminrietii«Jt E.~p~ir c~c.lrulr 3(i, ?I!!1 1 PAYMENT BOND TRAVELERS CASUALTY AND SURETY 1 RIDER COMPANY OF AMERICA Hartford, Connecticut 06183 This Rider is executed concurrently with and shall be attached to and form a part of Payment Bond No. 105427837 (hereinafter referred to as the "Payment Bond"). WHEREAS, on or about the 22nd day of April 2010, HVB AE Power Systems, Inc. (hereinafter referred to as "Principal") entered into a written agreement with City of Ukiah, CA ("Obligee"), for Contact No. 01236-P2, 115-kV Power Circuit Breakers, Orchard Substation (hereinafter referred to as "Contract"); and WHEREAS, the Principal is obligated under the Contract to provide a payment bond in connection with the Contract naming City of Ukiah, CA as Obligee; and WHEREAS, the Principal and Travelers Casualty and Surety Company of America have agreed to execute and deliver the Payment Bond on the conditions herein stated. NOW, THEREFORE, the Payment Bond is hereby modified as follows: Paragraph 6 in the Payment Bond is deleted in its entirety and the following is substituted in its place: ' 6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, with reasonable promptness, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, with reasonable promptness, pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations i under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety's defenses to, or right to dispute, such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond. Except as herein modified, the Payment Bond No. 105427837 shall be and remains in full force and effect. Signed, sealed and dated this 22nd day of April, 2010. 1 HVB AE Power Systems Inc. (Principal) (Seal) By: ~e0 (,ey evy~.~ V ,e Travelers Casu Y and Surety C m an of America (Seal) Theresa I POWER OF ATTORNEY TRAVELERS, 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. 221224 Certificate No. 0 0 3 5 3 7 7 5 7 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 Francesca Papa, Theresa Giraldo, Terry Ann Gonzales-Selman, James P. Holland, Tracey D. Watson, Migdalia Otero, Christopher J. McCarty, and Peter Healy of the City of New York , State of New York , 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 in any actions or proceedings allowed by law. IN WITN4jS WHEREOF, the Compn'm have . caused this instrument to be signed and their corporate seals to be hereto affixed, this May ll1l day 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 ~,pm 411U .W"""'•Mr. MYY IIII''__ s ~ o \O Y QASU,1 1Y yP\RE \ .;tp A~° P ,Na~9Fry ~ J 4~ O~W N B Ja .INSU. •4"* gJ tfY AND Q ~ 9~6 4 P 0.POR O° 4 'P b" nO WCdtRDIWTED m ~tt° w AiF h Wp:`cORPORATf:, o} ixrtu V' 1 9 8 2 0 1977 1 Y m i : n' a HARTFORD, < tNM•FORD, ~*~r = ~ 1951 ~t•.5EAI, o" ~iSEAL!a° CONN. o ~ Wwt. State of Connecticut City of Hartford ss. By: Georg Thompson, jorice President On this the 14th day of May 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. In Witness Whereof, I hereunto set my hand and official seal. e#A 0 My Commission expires the 30th day of June, 2011. 58440-4-09 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID 14th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company e 4 tt- Mazie C. Tetreault, Notary Public THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 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 §tates Fidelity 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 Companies;'=which is in full force. and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 22~ day of r t 20 LP Kori M. Johans Assistant Secretary pASU,~ F1PE 4 ~N DNS ~ 1NS0 `"'q ~1V AHO Y O ~ 4~ ~P Q•RGOfl y O ' +'L(14 Q' G9 " ~ WCOR rZ0 A>FSh WjGOpPORA>' ~i ° m i b 8 Z"e O 9n PORAiED x~g f +m p f `t F a HARTFORD. < i j11RTFp T! r'" ~11D ~i~,4+c,,GSa= 1951 ryroam ~~,5EAi,~o~ b;SBRL:'e CONN. ca \\OONH.2 a 7 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. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ACKNOWLEDGMENT OF SURETY COMPANY STATE OF NEW YORK COUNTY OF NEW YORK On this April 22, 2010 before me personally came Theresa Giraldo to me known who being by me duly sworn, did depose and say that he/she resides in New York, NY; that he/she is the Attorney-in-Fact of the TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York, has pursuant to Section 1111 of the Insurance. Law of the State of New York issued to TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Surety) his/her certificate of qualification, evidencing the qualification of said company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accepting and approving it as such; and that such certificate has not been revoked. TRACEY D. WATSON NOTARY PUBLIC, State of New York No. 01 WA5019877~~ L' Q Q ; Qualified in Queens County Certificate Filed in New York Coun Tracey D. Wats , Notary Public Commission Expires Nov, 1, 20,.a TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 06183 FINANCIAL STATEMENTAS OF DECEMBER 31, 2008 AS FILED IN THE STATE OF NEW YORK CAPITAL STOCK $ 6,000,000 CASH & INVESTED CASH BONDS STOCK I INVESTMENT INCOME DUE AND ACCRUED 111 PREMIUM BALANCES NET DEFERRED TAX ASSET REINSURANCE RECOVERABLE OTHER ASSETS TOTALASSETS $ 146,779,723 3,452,929,381 7,586,626 46,660,631 303,562,195 40,073,233 12,426,353 86,225,430 UNEARNED PREMIUMS LOSSES LOSS ADJUSTMENT EXPENSES COMMISSIONS TAXES, LICENSES AND FEES OTHER EXPENSES FUNDS HELD UNDER REINSURANCE TREATIES CURRENT FEDERAL AND FOREIGN INCOME TAXES REMITTANCES AND ITEMS NOTALLOCATED AMOUNTS WITHHELD I RETAINED BY COMPANY FOR OTHERS RETROACTIVE REINSURANCE RESERVE POLICYHOLDER DIVIDENDS PROVISION FOR REINSURANCE CEDED REINSURANCE NETPREMIUMS PAYABLE OTHER ACCRUED EXPENSES AND LIABILITIES TOTAL LIABILITIES $ 846,309,219 $22,955,804 276,222,162 52,167,066 43,371,400 29,247,064 105,982,816 104,163,980 57,573,235 31,564,808 11,097,864 9,60$,141 5,498,724 (45,467,530) 11,021,928 $ 2,361,313,681 $4.096.243,572 STATE OF CONNECTICUT COUNTY OF HARTFORD )SS. I CITY OF HARTFORD CAPITAL STOCK PAID IN SURPLUS OTHER SURPLUS TOTAL SURPLUS TO POLICYHOLDERS $ 6,000,fl00 303,297,402 1,426;632.458 $1,734,929,890 TOTAL LIABILITIES & SURPLUS $ 4 096,243,572 I ERIC B. BRUDER, BEING DULY SWORN, SAYS THAT HE IS CHIEF FINANCIAL OFFICER -TRAVELERS BOND & FINANCIAL PRODUCTS, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 31st DAY OF DECEMBER, 2008. ~l i CHIEF FINANCIAL OFFICER -BOND & FINANCIAL PRODUCTS SUBSCRIBED AND SWORN TO BEFORE ME THIS 17th DAY OF APRIL, 2009 I N 712 BLIC.., CNoftny TREAULT c wirmhore. ail, 70/1 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 Project and the Controlling Law. SECTION 00700 STANDARD GENERAL CONDITIONS FOR PROCUREMENT CONTRACTS Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By J11 AMERICAN CONSULTING Mega National Society of ASCE American Society ENGINEERS COUNCIL NW Professional Engineers® of Civil Engineers 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 cutup and the Construction Specifications Institute I 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 "Sunnlementary Conditions" and have been made by R )Y. Beek on behalf of Buver in conjunction with Buyer's legal counsel and insurance advisors 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 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 00700-2 TABLE OF CONTENTS Page ARTICLE 1 -DEFINITIONS AND TERMINOLOGY ......................................................5 1.01 Defined Terms ......................................................5 1.02 Terminology ............•6 ARTICLE 2 - PRELIMINARY MATTERS ......................................................7 2.01 Delivery of Bonds ......................................................7 2.02 Copies of Documents ......................................................7 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 ARTICL E 3 - CONTRACT DOCUMENTS: INTENT AND AMENDING ......................................................8 3.01 . Intent 8 . 3.02 Laws and Regulations, Standards, Specifications and Codes ......................................................8 3.03 Reporting and Resolving Discrepancies .......................................................8 3.04 Amending and Clarifying Contract Documents .......................................................8 ARTICL E 4 - BONDS AND INSURANCE .......................................................8 4.01 Bonds .......................................................8 4.02 Insurance 9 ARTICL E 5 - 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 ARTICLE 6 - SHIPPING AND DELIVERY ......................................................13 6.01 Shipping .....................................................13 6.02 Delivery .....................................................13 6.03 Risk of Loss .....................................................13 ARTICLE 7 - CHANGES: SCHEDULE AND DELAY ......................................................13 7.01 Changes in the Goods and Special Services ......................................................13 7.02 Changes in Laws and Regulations ......................................................13 7.03 Changing Contract Price or Contract Times ......................................................13 ARTICLE 8 - BUYER'S RIGHTS ......................................................14 8.01 Inspections and Testing ......................................................14 8.02 Non-Conforming Goods or Special Services ......................................................15 8.03 Correction Period ......................................................16 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 00700-3 ARTICLE 9 - 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 ARTICLE 10 - 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 ARTICLE 12 - LICENSES AND FEES ....................................................................................................................................20 12.01 Intellectual Property and License Fees ......................................................................................................................20 12.02 Seller's Infringement... 20 12.03 Buyer's Infringement .........:.......................................................................................................................................20 12.04 Reuse of Documents ..................................................................................................................................................20 ARTICLE 13 - DISPUTE RESOLUTION ................................................................................................................................21 13.01 Dispute Resolution Method .......................................................................................................................................21 13.02 Mediation ..................................................................................................................................................................21 13.03 Arbitration ....................................................................................................................................................................21 ARTICLE 14 - MISCELLANEOUS .........................................................................................................................................22 14.01 Giving Notice ...............................22 14.02 Controlling Law, Jurisdiction and Venue ..................................................................................................................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 mad by R. W. Beek on behalf of B y r in conjunction with Buyer's legal counsel and insuran a ad-) sore 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 i 1 to identified articles and paragraphs, and the titles of other documents or forms. r~ 1. Addenda--Those written or graphic instruments 111 issued prior to the opening of Bids in accordance with the Bidding Requirements which clarify or change the l1 Bidding Requirements or the proposed Contract 11 Documents. 2. Agreement--The written instrument signed by f both Buyer and Seller covering the Goods and Special J Services and which lists the Contract Documents in existence on the Effective Date of the Agreement. g authorizes an addition, deletion, or revision to the 5. Bidder--A person who submits a Bid directly to Buyer. 6. Bidding Documents--The Bidding Requirements and the proposed Contract Documents (including all l Addenda). L 7. Bidding Requirements--The Advertisement or l 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 En ineer which is signed by Seller and Buyer and L~ iJ . J 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. 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 "Chance Request". 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_ Beek on behalLafBitm 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 Buver or Buver'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 of materials, equipment, systems, standards and workmanship as applied to the furnishing of the Goods and Special Services, and certain administrative details 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 Suonlements 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 insarance-adyLs-m 00700-6 rr 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 r Buyer under the conditions specified in Paragraph J 8.01.B.3. B. Day t 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. r] f i ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When Seller delivers the executed Agreements to Buyer, Seller also shall deliver such bonds as Seller may be required to furnish. L1 2.02 Copies of Documents i I J 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 J Copyright 02000, National Society of Professional Engineers for EJCDC. All rights reserved. and have been made by R. W. Beck on behalf of BiLur "Supplementaa Conditions" Modifications shown are considered inkjunction with Buyer's legal ouncrl and insurance advisors J- 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 (:l 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 tirne 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. Modifications shown are considered "Supplementary Conditions" and have been made by R. W. Beek on behalf of Buyer in conjunction with Buyer's legal counsel and insurance advisors 00700-8 sat sfaetorv to Buyer and anv such addition iI iw ui ~d Of 5.02 Labor, Materials and Equipment continuation of such insurance at final pa,mkf n[ tiid L - " year thereafterl. A. Seller shall provide competent, qualified and trame~t G personnel in all aspects of its performance of the Conlra,t D. The limits of liability for the insurance Jcquir Paragraph 4 02 B shall provide coverage for not, less than B. All equipment; products and material incoi puratcd le folloi~inQ arnounts or 'eater where r66ited $v;U: into the Goods shall be as specified, orJf not specified, shill ~ E and Regulations: be new, of good quality and tom protected, assem)~led, used, connected, applied, cleaned and conditioned in 1 Workers' Compensation and related coverages accordance with the original manufacturer's instructiow, - ; , under Paragraphs 4,02;B, I and B.2: except as otherwise may be provided in the Comr~tct State Statutes Documents. Applicable Federal - .Statutory ^ Emnlover'sLiability ' $1:000;000 5.03 ~Complianee with Laws and Regulations, Standwd,, ' ' Specifications and Codes under s Commercial General Liability, -2 Seller Paragraphs 4.02.13.3 through B.6 which shall include A. Seller shall comply with all Laws and Regulations .Bodily Iniury and Death -Property Damage Contractual applicable to the furnishing of the Goods and Special biability (including Explosion Collapse' and Services. ' Underground Coverages and Products Liability. an Completed Operations ' Llabj16 coveraQesl and 5.04 Or Equals elirninatethe exclusion with respect to property under 000.000 the care, custody and control of Seller $3 A. Whenever an item of material or equipment to be 6 ti . . incorporated into the Goods is specified or described in the ' 3 Automobile Liability Linden Paragraph 4 02136 Contract Docuinentsby using the name of a proprietary item r $3.000.000 or the name of a particular supplier or manufacturer, the r specification.or description is intended to establish the type, E Seller 'shall deliver to Buverwith copies to each function, appearance, and quality required. Unless the additional insured identified, certificates ofinsurance (and specification or description contains or is followed by words other evidence of insurance requested by Buyer or any other reading that no like, equivalent, or "or equal" item is additional insured)-which Seller is required to purchase and ' permitted, other items of material or equipment or material maintain. or equipment of other suppliers or manufacturers may be submitted to Buyer for, Engineer's review. F If Buyer has any objection to the coverage afforded by or other provisions of the insurance required to he 1. If in Engineer's sole discretion, such an item of purchased and maintained on the basis of non-conformance material or equipment proposed by Seller is functionally with the Contract Documents Buyer shall notify Seller in equal to that named and sufficiently similar so that no w61ngwithin 10 days after receipt of `the certificates change in related work will be required, it may becon- required bv'Para> raph 4.02-E. Seller shall provide`'such sidered by Engineer as an "or equal" item, ' additional information in respect to msurance as Buyer shall er asonably reduest. 2. For the purposes of this paragraph, a proposed item of material' or equipment may be considered ARTICLE 5 - SELLER'S RESPONSIBILITIES functionally equal to an item so named if: 5.01 Supervision and Superintendence a. in the exercise of reasonable judgment, tM Engineer determines that: 1) it is at least equal in s' A.; Seller shall be solely responsible for the. means, quality; durability, appearance, strength, and design methods, techniques,sequences, and procedures used in characteristics; and 2) it will reliably perform attleast performing its obligations. Seller shall be responsible to see equally: well the function imposed by the design that the completed Goods and Special Services conform to Concept of the completed Project as a functioning the Contract Documents. 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 Profession al Engineers for EJCDC. All rights reserved. v7p Modifications shown are considered "4npnlementar Conditi ons" and have heen made by R W. Beek on behalf of Buver in con'iunctionwiiti Bug~ connsel and insurance advisors 5±, 06700=10 B. The bonds shall be issued in the form' prescribed by 5. claims for damages, other than to the 'Goods, the Contract Documents except as provided 'otherwise by eca of ury to or destfm-aion of tangible ioperty Laws or Regulations and shall be executed by a .surety ~Ykrever' located, include IOss of 'use r u ' named in the current list of "Companies Holding theiefiorw and Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as 6. claims for damages because of bodily injury or published in Circular 570 by the Financial Management death of any person or monertv damage ansmg out of Service, Surety Bond Branch, US. Department of the the ownership, maintenance or use of any motor vehicle. - Treasury. Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C: The "policies of insurance so regui redre by. thisthis Paragraph 4:02 to be purchased and 'maintained shall: ' C. If the surety on a bond is`.declared bankrupt or becomes insolvent omits right to do business is terminated in th6state I, with respect to insurance r6 i- 6d-,b -P =h where the Project is located or it ceases" to meet the 4;02.13.3 through 4.02.B.6 inclusrVe, inclu as requirements of Paragraph 4.01.13, Seller shall 'provide additional insureds (subject to any customary exclusion another bond and surety which= comply with those- in respect of professional liability) duvet, Engineer, requirements within 20 days, at Sellers expense. then- consultants, and include coverage foLdLe L6pective officers, directors; ap r~_er, emj~loyees, aped, and`'other 4.02 Insurance consultants and subcontractors of each and any of all such'additronaL insureds usmg ISO " Endorsement A. Seller shall provide insurance of the types and CG2032 0798 or equivalent and the insurance afforded coverages and in the amounts stipulated below. in-t-he to. these additional insureds shall provide primary Supp ementaF vn<ditienT overage for all claims covered theiebv: B. Seller'shall purchase and maintain such liability and 1 include at least the specific coverages and be other insurance as is'apprgpriate for the"furnishinp of Goods' written for not less than the limits of;liability provided = and Special Services and as will provide protection from _ by Laws or Regulations; whiclever. is below or required claims set forth below which may arlsebut of or result from greater. Steer's fm-msbing of the Goods or SIk ial Services and Seller's other obligations under the Contract DocuSn'ents: 3: include completed operations insurance: whether the fiu-nishinp of'Goods or Special Services, or - other. obligations' are to be perfor~v ' Seller, any ' 4. include contractual liability insurance covering,. subcontractor oE_ up liQr, or by anyone directly or indirectly Seller's indemnity obligations under Paragraphs 5.09 and employed b any _of them to furnish the G`oods-or Special -12.02. Services, or by anyone for whose acts anyLd_the iati be liable: S contain a provision or endorsement that the _ coverage' afforded will not be's canceled, materially 1. claims under workers' compensation, disability changed or renewal refused untjl'at Least 30 days' prior benefit and other similar emploxee benefit acts.' written "c 1as'been given to Buyer and Seller and to noti each other additional 'insured 'identified" to whom a 2. claims for damages because of bodily mjulu ' certificate' of insurance has been issued (and "the occu a Tonal "sickness or disease or death of 'Seller's certificates of insurance furnishe by the seller"pursuant em o ees " to Paragraph 4.021 will so provide): 3, claims for damages because of'bodily'injury. - 6 remain in effect at least until final payment"and at siekness`or disc or death ofanv person other than a l times thereafter wben Seller may be .correcting. Seller's employees: `removing, or replacing non-conf4minQ "Goo" Goods. in - accordance with Paragraphs 8.02 and 8.03: an j 4. claims for damages insured by reasonably " available personal injury' liability coverage which are < 7, with respect to 'comnleted''oi)erations insurrance,; sustained:- (i) by any person as 'a result of an offense and any insurance coverage written on a .claims-rriade directly or indirectly related to the emplovmenf of such basis remam in effect' for at least 2 wears after final person ti y Seller, or (ii) by any other person for an'v other payment (and Seller shall furnish Buyer and each other ' e additional insured jdeiitified `herein, to whom ~ a certificate of insurance has been issued, evidence EJCDC P-700 Standard General Co nditions for Procurement Contracts Copyright ©2000; Nationals, cicty of Professional Engineers for EJCDC. All rights reserved. Modifications shown are consideYPd "Sonnlemrotarv ridifinns" and have been made by R W Beck on be tlf of Ruver - nsel and insurance advisors ed n-Mth Rhy 'c legal o i on o n c jun re u c 00700-9 I B. The bonds shall be issued in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by a surety named in the current list of "Companies Holding r~ 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. 5 claims for damages other than to==t=h=e==Q=0=0=d==s=, y because of injury to or destruction of tangible pro pert 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: 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 requirements within 20 days, at Seller's expense. 4.02 Insurance A. Seller shall provide insurance of the types and coverages and in the amounts stipulated below. in the Supplemetitary Conditions. f l 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 Drotection from claims set forth below which may arise out of or result from Seller's furnishing of the Goods or Special Services and Seller's other obligations under the Contract Documents 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 Services or by anyone for whose acts any of them may be liable: 1 claims under workers' compensation disability benefits and other similar employee benefit acts; 2 claims for damages because of bodily injury, occupational sickness or disease or death of Seller's 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 reasonabl 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 nerson by Seller or (ii) by any other person for any other reason 1. with respect to insurance required by Paragraphs 4.02.13.3 through 4.02.L3.6 inclusive include as additional insureds (subject to any customary exclusion in re Dect of professional liability) Buyer. Engineer. their consultants and include coverage for the respective 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 p marv 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 ree "ter" 3 include completed operations insurance- 4. include contractual liability insurance coverjng Seller's indemnity obligations under Paragraphs _509 andn 12.02. 5. contain a_-envision 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 4.021 will so providel: 6 remain in effect at least until final payment and at all times thereafter when Seller may be correcting, 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 02000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Supplementary Conditions" and have been made by R W Beek on behalf of Buyer in conjunction with Buyer's legal counsel and insurance advisors I J 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 reauired by Paragraph 4.02.13 shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: Workers' Compensation. and related coverages under Paragraphs 4.02.13.1 and B.2: State Statutory Applicable Federal Statutory Employer's Liability $1,000.000 2. Seller's Commercial General Liability 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 Buyer or any other additional insured) which Seller is required to purchase and maintain. F. If Buyer has any objection 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. Buyer shall notify Seller in writing within 10 days after receipt of the certificates r auired by Paragraph 4.02.E. Seller shall provide such additional information in respect to insurance as Buyer 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 stora 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 "tor 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. 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. I 00700-10 Ii i i l~ 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 complete, which will be evidenced by an approved Shop Drawing. Engineer will advise Buyer and Seller in writing of any negative 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 furnish at Seller's expense a special performance guarantee or other surety with respect to any such proposed "°or- equal." D. Data: Seller shall provide all data in support of any such proposed "or equal" at Seller's expense. i 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 Special Services. All taxes are included in the. Contract 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 with the schedule required in Paragraph 2.06.A. All subrriittals will be identified as required and furnished in the number of copies specified in the Contract Documents. The 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 provide. t 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. C. Submittal Procedures 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 to 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 considered "Supplementary Conditions" and have been made by R. W. Reckon behalf of Bu. n conjunction 4vith Buyer's legal counsel and insurance advisors 00700-11 i 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 Shon 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 cart' 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 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; 2. normal wear and tear under normal usage. 1. is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible D. Seller's obligation to furnish the Goods and Special property (other than the Goods or Special Services Services in accordance with the Contract Documents shall 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. Reek on behalf of Buyer . in conjunction with Buyer's legal counsel and insurance advisors 00700-12 r themselves), including the loss of use resulting therefrom; and 2. is caused in whole or in part by any negligent 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 omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity. B. The indemnification obligations of Seller under f~ paragraph 5.09.A shall not extend to the liability of 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: 1. the preparation or approval of, or the failure to prepare or aPProve maPs> Drawings, oPinions reports, l surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. L ARTICLE 6 - SHIPPING AND DELIVERY ri L 601 Shipping A. Seller shall select the carrier and bear all costs of packaging, transportation, insurance, special handling and any. other costs associated with shipment and delivery. Goods shall ber)acked. transported, and handled in accordance with manufacturer's instructions. 6.02 Delivery 11 L A. Seller shall deliver 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. B. Seller shall provide written notice to Buyer at least 15 days before shipment of the manner of shipment and the anticipated delivery date. The notice shall also include any instructions concerning special equipment or services required at the Point of Destination to unload and care for the Goods. Seller shall also require the carrier to give Buyer at least 24 hours notice by telephone prior to the anticipated hour of delivery. C. Buyer will be responsible and bear all costs for unloading the Goods from carrier. 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 A. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of furnishing the Goods and Special Services shall be the subject of an adjustment in Contract Price or Contract Times. If Buyer and Seller are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefore as provided in Paragraph 9.06.A. EJCDC P-700 Standard General Conditions for Procurement Contracts I Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. L 1 Conditions" and have b - een made by R. W. Beek on behalf afBj= in conjunoHnn with Buyer's legal counsel and insurance advisors 00700-13 L1 lJ 7.03 Changing Contract Price or Contract Times A. The Contract Price or Contract Times may only be changed by: 1. 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 terroris. m and direction by government authority and other like matters. ARTICLE 8 - BUYER'S RIGHTS 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. 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 Condidons" and have been made by R. W. Beck on behalf of Buyer in conjunction with Buyer's legal counsel and insurance advisors 00700-14 B. Inspection on Delivery 1. Buyer or Engineer will inspect the Goods upon delivery solely for purposes of identifying the Goods and 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. r] i 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 r intended, Buyer or Engineer will make a final f inspection. rl E1 ~.1 L 1 i L 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 J 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 1 I reinstallation. i J 1 LJ J B. Buyer's Rejection of Non-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-Con forming 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 or other 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. EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. and haye been made by H. W_J3_Uk on behalf of Buye "Supplementary Conditions" Modificadons shown are considered injunction with Buyer's legal counsel and insurance advisors 00700-15 J 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 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 Dispzttes 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.;-ei: C. If Engineer does not render a formal decision in writing within the time stated in Paragraph 9.06.13, a 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 Ruver in conjunction with Buyer's legal counsel and insurance advisors 00700-16 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. 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. i rl i rl LJI LJ t~ L rl J 2. to inspect observe approve or verify compliance o 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 operations. 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 maintainany portion of the Goods. ARTICLE 10 - PAYMENT 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 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. i. L- i it 11 1. The -first applieatien fore Payment will submitted after r-eview and appFaval by EiigineeF-ef-all Shop Drawings and of all Samples required by the Gentraot n^^„' ents- 2. The seeend 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. Irf 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-conformities, 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 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 "SupplementaU Conditions" and have been made by R. W. Beek on behalf of Buyer in conjunction-with Buyers legal eoun&se and insurance advisors i 00700-17 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. 10.03 Amount arld 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 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 "SuonlementaryConditions" and have been made by R W Heck on behalf of Ruver in conjunction with Buyer's legal counsel and insurance advisors 00700-18 reasonable direct and indirect costs incurred by Seller in producing such Goods not recovered by payment for the reasonable value of the Goods. 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 h Goods. l J 11.02 Suspension of Perfornzance by &rver A. Buyer has the right to suspend performance of the r l 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 r by the suspension, provided that performance would not have been suspended or delayed for causes attributable to i Seller. r l 11.03 Suspension of Performance by Seller L 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: L 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, f 2. Seller has requested in writing assurances from L 1 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. l 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: a. wrongful rejection or revocation of Buyer's f l acceptance of the Goods, L J b. failure to make payments in accordance with the Contract Documents, or l c. wrongful repudiation of the Contract. L_ l . 2. Seller shall have the right to terminate the Contract for cause by declaring a breach should Buyer I i 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. 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 heen made by R W Beckon behalf of Buyer in conjunction with Buyer's legal counsel and insurance advisors 00700-19 u 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 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 tlueat 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 Infringement 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 verifidation 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. 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 00700-20 ARTICLE 13 - DISPUTE RESOLUTION 13.01 Dispute Resolution Method r A. Disputes between Buyer and Seller will be resolved ] by i) Engineer's review and judgment t f t" • been set r^rt", and subject to the provisions of Paragraphs nd cell.: cy ° .-°~-t~ ax 9.05 and 9.06, Buyer M - rem-edie-".; th Gont.•„ rr g Law.• ii senior management mediation: iii) formal mediation: and iv) arbitration as set forth below. B If an Engineer's decision is annealed in accordance with Paragraph 9 06 the Buyer and Seller shall then attempt r 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 r l A If any dispute cannot be resolved by senior l management after 15 days. Buyer and Seller agree that they shall submit any and all unsettled Claims or counterclaims, disputes or other matters in question between them arising t out of or relating to the Contract Documents or the breach thereof to mediation by the American Arbitration Association under the Construction Industry Mediation r Rules prior to either of them initiating against the other a demand for arbitration pursuant to Paragraph 13.03. unless delay in initiating arbitrationwould irrevocably prejudice one of the parties. The 30 day time limit within which to r file a demand for arbitration as provided in Paragraphs 13.03.B and 13.03.C shall be suspended with respect to a r dispute submitted to mediation within that time limit and shall remain suspended until 10 days after the termination of the mediation as determined,-by-the mediator in writing. The zrmedjator of any dispute submitted to mediation under the agreement shall not serve as arbitrator of such dispute unless otherwise agreed. L 13.03 Arbitration A. All Claims or counterclaims disputes, or other matters in auestion between Buyer and Seller arising out of L1 or relating to the Contract Documents or the breach thereof (except for Claims which have been waived by the making 1 or acceptance of final payment as provided by Paragraph J 10.07) not resolved under the provisions of Paragraph 13.02 r_ will be decided by binding arbitration in accordance with the Construction Industry Arbitration Rules of the American I 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. 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 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 said 30 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 arties 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 cony will be sent to Engineer for information. The demand for arbitra- tion will be made within the 30 day period specified in Paragraph 13.033, 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 bv_ the applicable statue of limitations. D. No arbitration arising out of or relating to the Contract Documents shall include by consolidation; joinder, or in any other manner any other individual or entity (including Engineer, and Engineer's consultants and the officers directors partners agents employees or consultants of any 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: 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. j EJCDC P-700 Standard General Conditions for Procurement Contracts J Copyright 02000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Supplementary Condidm" and have been made by R-W-J3eck on behalf of Ruy-ff in conjunction with Buyer's I"al ~uncPl and insurance advisors 00700-21 J E. The award rendered by the arbitrator shall be in writing and include: (i) a concise breakdown of the award: iil 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 thereof, and i_t_ will not be subiect 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 party consenting to the jurisdiction and venue of such courts 14.03 Computation of Time 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 e€ the applicable isdietion, such day shall be omitted from the computation. 14.04 Cumulative Remedies 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 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. 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 "Suonlementary Conditions" and have been made by R. W. Beck on behalf of Buyer in conjunction with Buyer's legal counsel and insurance advisors 00700-22 SECTION 00900 ADDENDUM NO. 1 PROCUREMENT CONTRACT NO. 01236-P2 115-kV Power Circuit Breakers 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 stfikeext for deletion. Delete the following Pages: 00410-5 Add the following Pages: 00410-5(1) 00900-1 Delete the following Drawings: N/A Issued by: R. W. BECK, INC. P. Anthony Hanson, P.E. Senior Project Manager Issue Date: February 1, 2010 Add the following Drawings: N/A PROJECT NO. 01236-P2/ISSUED FOR BID 00900-1 ADDENDUM NO. 1 (THIS. PAGE WTEffnONALLY LEFT BLANKI ARTICLE 6 - COMMUNICATIONS 6.01 Communications concerning this Bid shall be addressed to: Name: Title: Address: Telephone: Fax: F.mai 1: ARTICLE 7 - ATTACHMENTS TO THIS BID 7.01. The following documents are attached to and made a condition of this Bid: A. Evidence of ability to meet insurance requirements of the General Conditions B. Section 00435 - Proposed Exceptions or Deviations C. Seefien nnnnn Bid Ben D. Section 00445 - Bid Submittal Checklist E. Section 00450 - Bidder's Qualifications Form F. Section 00460 - Non Collusion Affidavit G. Other Attachments (list items below or indicate "None") ARTICLE 8 - DEFINED TERMS The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. PROJECT NO. 01236-P2/ISSUED FOR BID 00410-5(1) BID FORM (THIS. PAGE WT15M"ONAL-LY LEFC BLANKI SECTION 01110 SUMMARY OF WORK PART I GENERAL 1.01 SECTION INCLUDES A. Description of Goods B. Work by the Buyer 1.02 DESCRIPTION OF GOODS A. Design, manufacture, test, deliver F.O.B. to site: 1. Four (4) 115-kV, 1,200 Amp continuous, 40 kA interrupting capability power circuit breakers 1.03 WORK BY BUYER A. The Buyer will furnish Substation Contractor who will complete the following work: 1. Site preparation 2. Foundation construction 3. Offloading, setting, and assembling equipment 4. Substation erection 5. Substation final testing and energization PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION PROJECT NO. 01236-P2/ISSUED FOR BID 01110-1 SUMMARY OF WORK [THIS. PAGE IITW`i`IONAL-I Y LEF-r BLANK] SECTION 01200 r PRICE AND PAYMENT PROCEDURES PART I GENERAL 1.01 SECTION INCLUDES A. Payment Procedures B. Change Procedures C. Correlation of Seller Submittals D. Attachments 1.02 PAYMENT PROCEDURES A. Submit 3 copies of each Application 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 1 in accordance with paragraph 5.06 CA. (Shop Drawings) and Article 7 of the 1 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-P2/ISSUED FOR BID 01200-1 PRICE AND PAYMENT PROCEDURES . 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-P2/ISSUED FOR BID 01200-2 PRICE AND. 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FORM P-006363 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Date of Effective Date: Issuance: Project: Buyer: Buyers 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) Date: Date: Date: Approved by Funding Agency (if applicable): Date: ACCEPTED: By: 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 issues described 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 I 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-P2 2. Address correspondence to Buyer as follows: City of Ukiah 411 West Clay Street Ukiah, CA 95482 Attention: Mr. Mel Grandi Procurement Contract No. 01236-P2 PROJECT NO. 01236-P2/ISSUED FOR BID 01330-1 SUBMITTAL PROCEDURES C. Present submittals in a clear and thorough manner and use sheet size of not less than 8'/2" x II" 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 that 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 report promptly any inability to comply with provisions. 1.03 SHOP DRAWINGS AND SAMPLES A. Submit in accordance with paragraph 5.06 of the General Terms and 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 Terms and 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 Terms and Conditions. Identify material and equipment or system limitations that may be detrimental to successful performance of the completed Goods and identify reasons therefore. PROJECT NO. 01236-P2/ISSUED FOR BID 01330-2 SUBMITTAL PROCEDURES E. Engineer will complete review in accordance with paragraph 5.06 of the General J Conditions and will return reviewed submittal items to Seller with one of the following markings: l "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 1 conformance with requirements of the Contract Documents. Incorporate 1I 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, snake necessary revisions and resubmit. "Submittal Not Required, No Action Taken" indicates that the submittal is 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. PROJECT NO. 01236-P2/ISSUED FOR BID 01330-3 SUBMITTAL PROCEDURES 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 Goods. 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-P2/ISSUED FOR BID 01330-4 SUBMITTAL PROCEDURES F. As-Built Drawings: Submit three sets of 11"xl7" As-Built Drawings to the I Engineer upon completion. In addition, submit electronic copies of the As-Built f drawings in AutoCAD version 2008 or compatible format via email to the 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. J 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. r 1 4. Prepare a Table of Contents for each volume, with material, equipment, or J system description identified, typed on white paper, in three parts as follows: Part l: Directory, listing names, addresses, and telephone numbers of Engineer, Seller, Subcontractors, and major component l suppliers. Part 2: Operation, maintenance, and installation instructions, l 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: 1 • Significant design criteria • List of equipment J • Parts list for each component 1 • Operating instructions • Maintenance instructions J • Maintenance instructions for special finishes, including recommended cleaning methods and materials, and special precautions identifying detrimental agents l • Installation instructions • Material Safety Data Sheets Part 3: Project documents and certificates, including the following: PROJECT NO. 01236-P2/ISSUED FORBID 01330-5 SUBMITTAL PROCEDURES ~1 • 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. 1. 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-P2/ISSUED FOR BID 01330-6 SUBMITTAL PROCEDURES i i J 1 C r ~ bJ a 3 x w a O O o °LL o (Y- N i N G 0 U C U N •O O U 0 Q c O 2 a) ~ O ZO O z cn z 5 w F- C ) co U . Q p U) ° w (if z z O W U Z w z z Z W ~ J C N U D c O •E > U 'D c N fA O 2 Y C: N U E Q a) U Y 3 Q ~ < N o Q Z x E n , LU o > W c g c ~ O ~ J Q ~ Q 2 O "O O -O O J } L co L Z U O 3 F o m z c~ OU ww U ❑ ❑ J D z J O N N J Q ~ U m co w Ec o 0 U) U) Z U C: C: Co o o> U N U _ V/ z - 0 ' W~ W Z n- N O (f) 'l 6 V) N N C61 1-- O W Z C C C C O o o o cn x ° °o O 0 El El U g 0 5 W E . : . 2 CF, ■ Vl U m ' ? N ¢ O O O D U Q U ° I_ o W. E E E n 3 z ° o w_ ` ` v -0 0 - U o o o Z O ^ Z 0 N V) (n mm Lgm0 m= y z m U C~ c ~ c Co h' N (0 T m w I ErE E-E E J O N U O U L x C m w Y O + 3 . o p a a p o n p N (6 U O co U m N N O U C: 1>3) E o E o° o cn N Q U z D o oU ~U m -Z~ w m m N L m y t a>i E Z o -~E ' Y=a N N E- w c '3 c '3 v c o O U U E5 < `n w a ° 0~ w O O (n z Q- E m Z p A a s 0 ° iL 0 ¢ m' (THIS. PAGE IIT E.gMONA.LLY LEFT BLANKI 1 I SECTION 01400 QUALITY REQUIREMENTS PART I 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 1 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-P2/ISSUED FOR BID 01400-1 QUALITY REQUIREMENTS 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 Engineer. 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. 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-P2/ISSUED FORBID 01400-2 QUALITY REQUIREMENTS ~l 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 agency 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 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-P2/ISSUED FOR BID 01400-3 QUALITY REQUIREMENTS 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. i 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. 1. 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. ~I PROJECT NO. 01236-P2IISSUED FORBID 01400-4 QUALITY REQUIREMENTS , 3. Upon rejection of the Goods, the Buyer retains a security interest in the l 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 l 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-P2/ISSUED FOR BID 01400-5 QUALITY REQUIREMENTS (THIS. PAGE MTV 1`IONA.LLY LEA BLANKI SECTION 01650 PRODUCT DELIVERY REQUIREMENTS PART I 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 the Buyer of receipt of certified test reports. B. Mark parts for ease of field assembly. C. Give notices required by the Contract Documents. D. Acceptance of deliveries will be limited to Mondays through Thursdays, 8 a.m. until 3 p.m. local time. E. 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 the Buyer. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION PROJECT NO. 01236-P2/ISSUED FOR BID 01650-1 PRODUCT DELIVERY REQUIREMENTS :1 (THIS. PAGE WTEt TnONA.L-i Y LEFT -BLAlqy-1 L 1 II ~_1 SECTION 01770 CLOSEOUT PROCEDURES PART I 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 the 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-P2/ISSUED FOR BID 01770-1 CLOSEOUT PROCEDURES [THIS. PAGE IRTE;N IONAL•LY LEFT BLANKI r i SECTION 16352 115-kV POWER CIRCUIT BREAKERS PART I GENERAL 1.01 SECTION INCLUDES A. High voltage, alternating current, three pole, dead tank, outdoor circuit breakers with SF6 extinguishing medium. 1.02 REFERENCES A. Design, manufacture, and test in accordance with this Section and applicable Sections of the latest revisions of the following standards: 1. American National Standards Institute (ANSI): a. A58.1, Minimum Design Loads for Buildings and Other Structures b. C37.06 Standard for AC High Voltage Circuit Breakers Rated on a Symmetrical Current Basis, Preferred Ratings and Related Required Capabilities C. C37.09 Standard Test Procedure for AC High-Voltage Circuit Breakers Rated on a Symmetrical Current Basis d. C37.11 Requirements for Electrical Control for AC High-Voltage Circuit Breakers Rated. on a Symmetrical Current Basis or a Total Current Basis 2. National Electrical Manufacturers Association (NEMA): a. SG 4, Alternating Current High Voltage Circuit Breakers 3. Institute of Electrical and Electronics Engineers (IEEE) a. 1427-2006, IEEE Guide for Recommended Electrical Clearances and Insulation Levels in Air-Insulated Electrical Power Substations 1.03 DESIGN AND PERFORMANCE REQUIREMENTS A. Furnish high voltage, alternating current, 3-pole, single throw, free standing, dead tank, outdoor circuit breakers rated for operation on a nominal 115-kV effectively grounded utility distribution system. B. Design and manufacture: Standard design PROJECT NO. 01236-P2/ISSUED FOR BID 16352-1 115-kV POWER CIRCUIT BREAKERS C. Supporting frame, stand or base: Of sufficient height, so all circuit breaker live parts satisfy IEEE 1427-2006 minimum clearance to ground requirements. Maximum height for normal operation or maintenance procedures shall be 12 feet. D. The circuit breaker(s) and supporting structure(s) shall be designed per the applicable requirements of IEEE 693-2005, so that there will be neither damage nor loss of function immediately after an earthquake when subject to design seismic loads accruing simultaneously with dead and normal operation loads. In addition, equipment shall maintain the correct operational state during the seismic event. 1. Equipment shall be qualified to high seismic qualification. 2. The 115-kV Power Circuit Breaker(s) shall be qualified by dynamic analysis 3. Dynamic Analysis shall be per IEEE 693-2005, A.1.3.3 Dynamic Analysis. The equipment analysis shall include the control cabinet and associated current transformer. 4. Acceptance criteria shall be per IEEE 693-2005, A.2.1 and A.2.2. 5. Report. For components qualified by analysis, the report shall meet the requirements of IEEE 693-2005 A.6. 6. A seismic identification plate shall be attached to the Equipment specified in IEEE 693-2005 A.8. E. Provide five-year warranty on equipment. 1.04 PROJECT/SITE CONDITIONS A. Environmental Requirements: 1. Keraunic level: 2. Seismic: 3. Wind: 4. Combined ice and wind loading district: 5. Elevation above sea level 5 thunderstorm - days/year ASCE 7-05; Site Class D, Importance factor 1.5, Classification IV (Essential Structure), SS 2.039g, Sq=0.967g, Fa 1.0, Fv=1.5 ASCE 7-05; Basic Wind Speed of 80 MPH with an Importance Factor of 1.15 and an Exposure Category "C" NESC Light less than 600 feet - National Geodetic Vertical Datum PROJECT NO. 01236-P2/ISSUED FOR BID 16352-2 115-kV POWER CIRCUIT BREAKERS I 1 l 1.05 SUBMITTALS A. Submit the following in accordance with provisions of Section 01300, Submittals: 1. Product data: Catalogs and cut sheets 2. Shop Drawings a. Outline diagram illustrating general arrangement, base details, anchor bolt details, weight and overall dimensions, with location of center of gravity on outline, circuit breaker impact loading, and all external power requirements for accessories and operation, including minimum trip voltage, in control voltage, tripping current, charging motor starting current, and charging motor nominal running current b. Circuit breaker control schematic c. Secondary current schematic d. Bushing data, including dimensions for bushing removal e. Bushing current transformers: 1) Excitation and ratio correction factor curves for each secondary ratio 2) Resistance of current transformer secondary and connecting leads for each ratio 3) Actual current ratio and turn ratio for each tap 4) Mechanical and thermal short time (one-.second) ratings f. Nameplate data, including all current transformer taps g. Terminal block connections h. Physical drawings illustrating equipment arrangement, terminal block locations, cable entrance, and panel layout i i i. Wiring diagrams (tabular format is not acceptable) j. Travel record curves k. Ground pad outline 1. Notes and symbols M. Bill of material PROJECT NO. 01236-P2/ISSUED FOR BID 16352-3 115-kV POWER CIRCUIT BREAKERS 3. Certified test reports 4. Operation, maintenance, and installation manuals 5. Closeout submittals: In accordance with Section 01700, Closeout Procedures 1.06 DELIVERY, STORAGE, AND HANDLING A. Provide in accordance with Section 01650, Product Delivery Requirements 1.07 QUALITY ASSURANCE A. Factory Inspection and Testing 1. Assemble, adjust, and complete manufacturer's standard production tests in accordance with ANSI C37.09. 1.08 MAINTENANCE A. Furnish the following extra materials in accordance with Section 01330, Submittal Procedures 1. Sufficient touch-up paint identical to final finish coat 2. Two maintenance closing devices 3. Two sets of special assembly and maintenance tools 4. Two operator manual charging devices, if applicable 5. Accessories for performing travel test on operating mechanism. 6. Spare parts listed in Section 2.02. J. PART 2 - PRODUCTS 2.01 115-kV POWER CIRCUIT BREAKERS A. Principal Ratings and Electrical Characteristics 1. Nominal voltage: 2. Maximum voltage: 3. Continuous current at @ 60 Hz: 4. Short circuit current at maximum volts: 115-kV 123-kV, rms 1,200 amperes, rms 40 kA, rms, minimum .5. Rated short time current carrying (3 sec): 40 kA, rms, minimum PROJECT NO. 01236-P2/ISSUED FOR BID 16352-4 115-kV POWER CIRCUIT BREAKERS 6. Closing and latching capability: 82 kA, peak, minimum 7. Withstand test voltage: a. Low frequency, 60 second dry: 260-kV, rms b. Impulse, full wave: 550-kV, crest 8. Maximum interrupting time: 3 cycles @ 60 Hz 9. Reclosing duty cycle: Standard per IEEE 37.04 B. Phys ical Characteristics 1. Type: Outdoor, 3-pole 2. Interrupting medium: Sulfur Hexafluoride SF6 3. Type of mounting: Substation Frame 2.02 COMPONENTS A. Bushings 1. BIL rating: 550-kV 2. Creepage: Standard 3. Terminal Pads: Flat pad, tinned, NEMA 4-hole pad 4. Color: ANSI No. 70 (Sky Gray) 5. Type: Composite B. Encl osure 1. Type: Dead tank mounted on a common supporting framework 2. Designed to withstand stresses generated at maximum interrupting rating C. Mechanism Housing 1. Weatherproof 2. Fasten securely to circuit breaker. 3. Doors: Vertically hinged with provisio ns for padlocks 4. Conduit entrance: Removable, gasketed bottom plate, field drilled PROJECT NO. 01236- P2/ISSUED FORBID 16352-5 115-kV POWER CIRCUIT BREAKERS 5. Mount terminal blocks and equipment at least 6 inches above bottom plate. . 6. Provide space heaters, part or all thermostatically controlled, if recommended by manufacturer. D. Supporting frame, stand, or base shall be of sufficient height such that breaker live parts satisfy IEEE 1427-2006 minimum clearance to ground requirements. Maximum height for normal operation or maintenance procedures is 15 feet or less. E. Operating Mechanism and Auxiliaries 1. Type: Motor-compressed spring 2. Closing mechanism a. Closing coil volts: 125 VDC 3. Tripping mechanism a. Type: DC shunt trip b. Trip coil volts: 125 VDC C. Number of trip coils: 2 4. Operator charging motor volts: 125 VDC 5. Mechanical position indicator 6. Operations counter F. Auxiliary Switches and Control Wiring 1. Auxiliary switches: Include a minimum of 5 normally open (NO) and 5 normally closed (NC) spare adjustable contacts in addition to those required for circuit breaker operation. Wire all contacts to terminal blocks. 2. Operating connection: ANSI C37.11-1979, Part (1) of Diagram B, Figure 5, for motor-compressed spring 3. Terminal blocks: 10 percent spare terminals. Insert screws prior to shipment. 4. Wire for control from a remote location. PROJECT NO. 01236-P2/ISSUED FOR BID 16352-6 115-kV POWER CIRCUIT BREAKERS G. Instrument Transformers 1. Current transformers: a. Type: Bushing 1) Relaying: 5-lead b. Terminate all tap leads on short-circuit type terminal blocks mounted inside the mechanism housing. C. Accuracy class: 1) Relaying: C400 d. Rating and location: 115-kV Breakers: 1) Bushings 1,3,5: Two sets 1200:5 multi-ratio C400 accuracy class 2) Bushings 1,3,5: One set 600-1200:5 multi-ratio metering accuracy.3 B 1.8VA. 3) Bushings 2,4,6: Two sets 1200:5 multi-ratio C400 accuracy class H. Miscellaneous 1. Mount the following on each circuit breaker: a. Facilities and equipment for conducting timing test. b. Two ground pads with clamp-type terminals for 1/0 to 300 kcmil cable. C. Functional components and requirements in accordance with NEMA SG 4, Part 3. d. One 120 VAC, 60 Hz, 15 ampere, 2-pole, 3-wire, ground fault circuit interrupter convenience outlet mounted on inside of operator mechanism housing (Hubbel Catalog No. GF5252GYA). e. One 120 VAC operator mechanism housing lamp and one 125 VAC, 15 ampere toggle switch with 130 V incandescent bulb and OSHA approved cover guard. f. One low DC voltage alarm with alarm contact wired to terminal block g. One low AC voltage alarm with alarm contact wired to terminal block PROJECT NO. 01236-P2/ISSUED FOR BID 16352-7 115-kV POWER CIRCUIT BREAKERS 2. Furnish the following: a. Two maintenance closing devices b. Two sets of special assembly and maintenance tools c. Two operator manual charging devices, if applicable d. Accessories for the travel tests of operating mechanism. 3. Tank gas service connection fittings 4. One set of gas control equipment with pressure gauges and differential pressure switches for low pressure alarm and cut-out I . Necessary insulating SF6 gas: New, unused sulfur hexafluoride meeting the requirements of ASTM D2472, furnished in non-returnable, non-rented containers J. Spare parts to include: 1. One high voltage bushing 2. One trip coil 3. One close coil 4. One charging motor 5. One complete set of gaskets K. Furnish hoses and fittings necessary to fill the breaker and place it into service. L. Switches: 1. Furnish the following for each device: a. One circuit breaker control switch with escutcheon engraved TRIP-CLOSE, pistol grip, Device 01, Electroswitch Series 24 b. One local/remote switch with escutcheon engraved Remote-Local, oval grip, Device 43RL, Electroswitch Series 24 M. Furnish nameplates for each meter, relay, control switch, fuse group, and other devices. 1. Material: Laminated plastic with white letters on a black background 2. Location: Front of each panel PROJECT NO. 01236-P2/ISSUED FOR BID 16352-8 115-kV POWER CIRCUIT BREAKERS 3 4 2.03 FINISH Wording: Inscription and sizes shall be determined by the Seller and subject to review by the Buyer Attach nameplates with screws. A. Galvanize all exterior steel plates and shapes in accordance with ASTM A123 after material is fully fabricated. 2.04 AUXILIARY AND CONTROL POWER A. The Buyer will furnish both 125 VDC and 120/208 VAC, three-phase, 60 Hz power. 2.05 SOURCE QUALITY CONTROL A. Provide in accordance with Section 01400, Quality Requirements. B. Assemble, adjust and complete manufacturer's standard production tests in accordance with ANSI C37.09. PART 3 - EXECUTION NOT USED END OF SECTION PROJECT NO. 01236-P2/ISSUED FOR BID 16352-9 115-kV POWER CIRCUIT BREAKERS