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HomeMy WebLinkAboutDis-Tran Packaged Substations 2010-06-21SECTION 00001 TITLE PAGE ORIGINAL CONTRACT PROCUREMENT CONTRACT NO. 01236-P3 Structures and Equipment for Orchard Substation Issued by: City of Ukiah Mendocino County, CA Prepared by: R. W. Seek, Inc. Nashville, TN April 2010 PROJECT NO. 0 1 236-P3/ISSUED FOR 00001-1 TITLE PAGE CONSTRUCTION [THIS. PAGE MTETFOMALLY LBFT' BLANKI SECTION 00005 CERTIFICATION PAGE PROCUREMENT CONTRACT NO. 01236-P3 Structures and Equipment 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. /l. d Prepared by: Quality Assurance: Contract Documents are hereby authorized for issue. R. W. BECK, INC. Keith Deaton, P.E. Regional Practice Manager Date of Issue I- IS- 1c). lCOPYRIGHT 2010, R. W. BECK, INC., ALL RIGHTS RESERVED. PROJECT NO. 01236—P3/ISSUED FOR BID 00005-1 CERTIFICATION [THIS. PAGE IN`I'ENUONA.LLY LEFC -BLANK] i - SECTION 00010 TABLE OF CONTENTS PROCUREMENT CONTRACT NO. 01236-P3 Structures and Equipment Orchard Substation City of Ukiah SECTION CONTENTS NO.OF PAGES DIVISION 0 - INTRODUCTORY INFORMATION AND CONTRACTING REQUIREMENTS INTRODUCTORY INFORMATION 00001 Title Page 1 00005 Certification Page 1 00015 List of Drawings, Tables, and Schedules 1 CONTRACTING REQUIREMENTS ` 00510 Notice of Award 2 00520 Procurement Agreement 6 Seller's Bid Documents—Attached at Exhibit A 00611 Performance Bond 2 00612 Payment/Labor and Materials Bond .2 00700 Standard General Terms and Conditions 22 00900 Addendum No. 1 1 DIVISION 1 - GENERAL REQUIREMENTS 01110 Summary of Work 1 l01200 Price and Payment Procedures 2 Application for Payment form 1 1 Change Order form 2 J 01330 Submittal Procedures 6 Shop Drawing Transmittal Form RWB465C I 01400 Quality Requirements 5 01650 Product Delivery Requirements 1 01770 Closeout Procedures I DIVISION 5 – METALS 05120 Structural Steel 6 DIVISION 10 – SPECIALTIES 10430 Signs 2 PROJECT NO. 01236-P3/ISSUED FOR 00010-1 TABLE OF CONTENTS CONSTRUCTION SECTION CONTENTS DIVISION 16 - ELECTRICAL 16300 Substation Equipment APPENDIX E -STD -1220.0 Substation Warning Sign Contract Drawings END OF SECTION PROJECT NO. 01236-P3/ISSUED FOR 00010-2 CONSTRUCTION NO. OF PAGES 0 1 10 TABLE OF CONTENTS SECTION 00015 LIST OF DRAWINGS, TABLES, AND SCHEDULES PROCUREMENT CONTRACT NO. 01236-P3 Structures and Equipment Orchard Substation City of Ukiah DRAWING NUMBER DRAWING TITLE ELECTRICAL STANDARDS E -STD -1220.0 NEMA WARNING SIGN CONTRACT DRAWINGS ......- 1236-100.1 SINGLE LINE DIAGRAM ....... 1236-300.1 EQUIPMENT PLAN 1236-301.1 EQUIPMENT SECTIONS A & B ..... _ _._ 1236-302.1 EQUIPMENT SECTIONS C & D 1236-303.1 EQUIPMENT SECTIONS E & F ........ 1236-304.1 EQUIPMENT SECTIONS H, & J 1236-305.1 MATERIAL LIST .........._.. _....._..---- ...... 1236-306.1 PHASING DIAGRAM 1236-400.1 FOUNDATION PLAN ...... _ 1236-503.1 LIGHTING PLAN 1236-506.1 GROUNDING DETAILS END OF SECTION PROJECT NO. 01236-P3/ISSUED FOR 00015-1 LIST OF DRAWINGS, TABLES. CONSTRUCTION AND SCHEDULES (THIS. PAGE iN'I'omomAL•LY LETT BLANK] SECTION 00510 NOTICE OF AWARD r DATE: D TO: Dis-Tran Packaged Substations i 4725 Highwgy 28 East i Pineville. LA 71360 Attention: David Campbell PROJECT: Orchard Substation BUYER'S CONTRACT NO.: 01236-P3 CONTRACT FOR: Structures and Equipment You are notified that your Bid, dated February 11, 201..0, for the above Contract has been considered. You are the apparent successfiil bidder and have been awarded a contract for the following Goods: Bid Item A. Furnish and deliver to the Orchard Substation project site the substation structures and equipment as specified herein, including sales tax (8.75%): Bid Item `A' Price: Three Hundred Thirty Sic Thousand One Hundred Fifty -Three and 86/100 Dollars ($ 336.153.86) (Use words) (Use figures) Adders. For PT type and Dampening Conductor, including sales tax (8.75%): Price for Adders: Eleven Thousand Eight Hundred Fifty -Three and 75/100 Dollars ($_11.853.75) (Use words) (Use figures) TOTAL CONTRACT PRICE: Three Hundred For -Eiebt Thousand. Seven and 51/100 Dollars ($ 348.007.61) (Use words) (Use figures) f ( The deadline for delivery of equipment is 150 days from the Date of Agreement. 1, Copies of the proposed Contract Documents will follow this Notice of Award after compliance with I` 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 1 Conditions. l PROJECT NO. 01236-P3/ISSUED FOR BID 00510-1 NOTICE OF AWARD �1 TO: Dis-Tran Packaged Substations Notice of Award Page 2 2. You must deliver to the Engineer a delivery schedule indicating the dates and contents of each shipment. 3. You must deliver the Insurance Certificates as evidence of insurance coverage required by General Conditions. Failure to comply with these conditions within the time specified will entitle the Buyer to consider your bid abandoned and to annul this Notice ofAward. 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 (TITLE) PROJECT NO. 0 1 236-PYISSULDFOR BID 00.510-2 NOTICE OF AWARD 1 } SECTION 00520 AGREEMENT (Based on EJCDC No. P-520, 2000 edition) THIS AGREEMENT is by and between CITY OF UKIAH (hereinafter called "Buyer") and DIS-TRAN PACKAGED SUBSTATIONS (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 01010, Summary of Work, and as follows: Substation Structures and Equipment Article 2. THE PROJECT l 2.01 The Project for which the Goods and Special Services to be provided under the Contract f Documents may be the whole or only a part is generally described as the Orchard Substation located in Ukiah, California.. Article 3. ENGINEER 1 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 and agrees to take all normal and reasonable measures to assure on-time shipment of all goods and materials. PROJECT NO. 01236-P3/ISSUED FOR 00520-1 AGREEMENT CONSTRUCTION 5.02 Days for Submittal of Shop Drawings A. Foundation loadings and anchor bolt plan shall be submitted to the ENGINEER for use within 30 days after the contract time commences to run as provided in Paragraph 2.2 of the Procurement General Conditions B. The remaining shop drawings shall be submitted to the ENGINEER for review and approval within 45 days after the Contract time commences to run as provided in Paragraph 2.2 of the Procurement General Conditions 5.03 Days to Achieve Delivery of Goods A. The Goods are to be delivered to the Point of Destination and ready for Buyer's receipt of delivery within 150 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 are 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. Article 6. CONTRACT PRICE 6.01 Buyer shall pay Seller for furnishing the Goods and Special Services in accordance with the Contract Documents in current funds as follows: ITEM DESCRIPTION A. Furnish and deliver to the Orchard Substation project site the substation structures and equipment as specified herein, including sales tax (8.75%): TOTAL CONTRACT PRICE: Three Hundred Thirty -Six Thousand, One Hundred Fifty -Three and 86/100 Dollars ($ 336,153.86) (Use words) (Use figures) PROJECT NO. 01236-P3/ISSUED FOR 00520-2 AGREEMENT CONSTRUCTION Adders. For PT type and Dampening Conductor, including sales tax (8.75%): Price for Adders: Eleven Thousand Eight Hundred Fifty -Three and 75/100 Dollars ($ 11.853.75) (Use words) (Use figures) TOTAL CONTRACT PRICE: Three Hundred Forty -Eight Thousand Seven and 61/100 Dollars ($ 348.007.61) (Use words) (Use figures) Article 7. PAYMENT PROCEDURES 7.01 Submittal and Processing of Payments A. Seller shall submit Applications for Payment in accordance with Article 10. of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 7.02 Progress Payments A. Buyer shall make progress payment on account of the Contract Price on the basis of Seller's Applications for Payment as follows: 1. Upon receipt of a single Application for Payment submitted in accordance with Paragraph 10.01.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 J A Upon receipt of the final Application for Payment accompanied by Engineer's recommendation of payment in accordance with paragraph 10.06 of the General Conditions, Buyer shall pay the remainder of the Contract Price as recommended by Engineer. Article 8. INTEREST 8.01 All monies not paid when due, as provided in Article 10 of the General Conditions, shall bear interest at the current prime lending rate, as stated by the Federal Reserve Bank, at the time of the Payment request. Article 9. SELLER'S REPRESENTATIONS 9.01 In order to induce Buyer to enter into this Agreement, Seller makes the following representations: A. Seller has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. PROJECT NO, 01236-P3/ISSUED FOR 00520-3 AGREEMENT CONSTRUCTION B. If specified or if, in. Seller's judgment, any local condition may affect cost, progress or the furnishing of the Goods and Special Services, Seller has visited the Point of Destination and become familiar with and is satisfied as to the local conditions that may affect cost, progress or the furnishing of the Goods and Special Services. C. Seller is familiar with and is satisfied as to all local, federal, state, and local Laws and Regulations that may affect cost, progress and 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 i 5. Payment Bond 6. Insurance Certificate or other Evidence 7. Section 00700, General Conditions 8. Section 00900, Addendum No. 1 9. Sections of Divisions 1 through 16, Specifications as listed in the table of contents 1 10. The following which may be delivered or issued after the Effective Date of J this Agreement and are not attached hereto a. Notice to Proceed J b. Written Amendment(s) ) C. Change Order(s) d. Field Order(s) e. Engineer's Written Interpretation(s) B. The documents listed in 10.01.A are attached to this Agreement, except as expressly noted otherwise above. C. There are no Contract Documents other than those listed in Article 10. ,1 PROJECT NO. 01236-P3/ISSUED FOR 00520-4 AGREEMENT CONSTRUCTION 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-P3/ISSUED FOR 00520-5 AGREEMENT CONSTRUCTION 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: CITY OF UKIAH By: Seller: INS-TRNMMft A r sl�r�� ICBG CORPORATE SEAL) Attest AA�, Attests -11,,, Address for giving notices: CITY OF UKIAH Address for giving notices: bk'n-lan NU �('t `jam ,LU.L +02S HV1 U '71 t, Prlf'6kleMfg c 13Gn (If Buyer is a corporation, attach evidence of (If Seller is a corporation or partnership, attach authority to sign. If Buyer is a public body, evidence of authority to sign.) attach evidence of authority to sign and resolution or other documents authorizing execution of the Buyer -Seller Agreement.) Designated Representative Name: Designated Representative Name: 7mepv) W . iluz Title: Title: NteS�deat Address: Address: 4-'A' R!I j 2y E p+hwittt uk_ -1 i�r. Phone: Phone: 3 i 4. 444 fl Z-14 Fax: Fax:_ a10 445 ')"Z4o Email: Email: -Toe". [J&Vcf e, bl'S -T(&n PROJECT NO. 01236-P3/ISSUED FOR 00520-6 AGREEMENT CONSTRUCTION EXHIBIT A DIS -TRAN Packaged Substations, LLC 31ailing tlddress: P.O. Box 5109 • Alexandria, Louisiana 71507-5109 Phone.: (318) i,,1.8-0274 - Fax. (818) 41,5-7240 • www.distran.com February 9, 2010 City of Ukiah c/o R.W. Beck, Inc 131 Saundersville Road, Suite 300 Hendersonville, TN 37075 Attn: Anthony Hanson, P.E., Project Manager Tel. (615) 431-3226 E -Mail: ahanson@rwbeck.com DIS -IRAN Proposal Number: Q13784 DIS-TRAN Document Number: 13784PDO01 Sent Via: Fed -Ex Subject: Packaged Substation Proposal Procurement Contract No. 01236-P3, Orchard Substation Mr. Hanson, This correspondence is intended to serve as DIS-TRAN's proposal to provide goods and services in support of the above referenced project. We have included a material list for your review when considering our proposal. Please consider the following technical clarifications and commercial conditions as an integral part of our proposal. Lump Sum Amount $309,107.00 7.25% California sales tax. + $22.410.26 .Total $331,517.26 • The above Lump Sum Amount includes all costs for material marshalling services for a coordinated FOB job site delivery per customer's delivery schedule and sequence requirements. • Total Steel Weight for Galvanized Standard Steel Structures (40,450 lbs). • Total Steel Weight for Tapered Tubular Steel Structures (17,872 lbs). • DIS-TRAN will only accept an order for the complete package offered in this proposal. Partial orders will not be accepted. Scope of Work • DIS-TRAN's proposal has been prepared using the information in procurement contract no. 01236-P3 and drawings provided to us. Clarifications and or exceptions are listed below. • DIS-TRAN is only quoting the following materials: substation structures with anchor bolts, signage, ground platforms, terminal/equipment bolts and materials as shown on the provided material list drawing. # 1236-305.0. All material categories not included above or indicated on the attached BOM are assumed to be the responsibility of others. • DIS-TRAN is only quoting the following engineering/design services: general arrangement drawings with bill of material and catalog cuts, anchor bolt plan, steel structure design with shop drawings and coordination of vendor drawings. All other engineering will be provided by others. Any deviations from the above scope of work shall result in a change order. www.distran.com Master Proposal Getter 111909 doc. 11/19/2009 Page 1 of 3 ISIS-TRAN Packaged Substations, Mailing Address: P.O. Box 51.09 -. Alexandria, Louisiana 7 1807-5 109 Picone: (318) 4-1-8-0274 • Fax. (318) 445-7240 • www.distran.com Commercial Clarifications • Proposal is valid for 30 days. • Pricing is firm through the quoted delivery period • Terms will be net 30 days from submittal of invoices. A 1 1/2% service charge will be applied to all overdue balances. • Order Acceptance is subject to credit approval. • Order acceptance is subject to agreement of final terms and conditions. • Please refer to bid fill out for additional commercial clarifications. Technical Clarifications • Please refer to bid fill out for any technical clarifications. Any changes to technical clarifications will result in a change order and delay delivery. Payment and Cancellation Schedules • Milestone Description Percentage 1 Delivery of Structures, Equipment, and Materials 90% (multiple invoices possible pending final delivery schedule) 2 Retainage no later than 90 days after delivery 10% Cancellation Schedule (Calendar Days) • Start Day End Day Percentage 1 7 0% 8 21 20% 22 35 40% 36 49 60% 50 63 80% 64 — 100% Submittal and Delivery Schedule • Document Submittals Structural Calculations of standard shapes (for approval) Structural Calculations of Tapered Tube structures (for approval) Anchor bolt plan, details, schedule (for approval) Structural fabrication details for standard shapes Structural fabrication details for standard shapes Structural erection elevation, www.distran.com Master Proposal Letter 111909 doe. 11/19/2009 Page 1 of 9 4 weeks ARO 3weeks ARO 4 weeks ARO 4 to 6 weeks after receipt of Approved design 3 to 4 weeks after receipt of Approved design 4 to 6 weeks after receipt of Approval design r = ISIS -TRAM Packaged Substations, LLC z�---- .Vailing,4ddress: P.O. Box 6109 • Alexandria, Louisiana 71307-5109 Phone. (3 18) 44-8-0274 • Fax: (8 18) 445-7240 • www.distran.com • Structure / Equil3ment / Material Delivery Schedule Anchor Bolts 4 weeks ARO Standard Steel Structures 8 weeks after receipt of Approved details Tapered Tube Structures 7 weeks after receipt of Approved details Bus and Materials 8 -10 weeks after approved Details • A complete document submittal and material delivery schedule will be developed and issued for review upon order entry. We are confident you will find our proposal to be both technically sound and competitively priced. We appreciate your consideration of our proposal and greatly look forward to working with you on this very important project. Please so not hesitate to contact me to discuss any portion of our proposal in further detail. Za ely, ampbell DIS-TRAN Packaged Substations, I_!.0 Cc: Mr. Joey Baker www.distran.com Master Proposal Letter 111909 doc. 11/19/2009 Page 1 of s [THIS. PAGE INTENTIONALLY LEFT BLATTICJ 0 Wednesday, February 10, 2010 115-13kV Orchard Substation Origination Date:1/19/2010 .. Q! S-ARAN City of Ukiah Material List No: Q-1378 Sheet No: 1 of 3 Packaged. Substations Ukiah, Mendocino County, CA 1TEM QTY. DESCRIPTION MFG. TYPE OR CAT. NO. 115kKV HOT DIPPED GALVANIZED STEEL STRUCTURES A 2 115kV "H" FRAME DEADEND STRUCTURE, 1 BAY, 45'-0" DT POLE APPX WT = 8,936 LBS EA CONDUCTOR PULL-OFF HEIGHT WITH PROVISIONS FOR (2) HORIZONTAL MOUNTED VERTICAL BREAK SWITCHES (3) PT'S CIRCUIT BREAKER UNDERNEATH B 1 115KV POTENTIAL TRANSFORMER STAND, 3 PHASE, DIS-IRAN APPX WT =1,937 LBS EA 12'-0" STRUCTURE HEIGHT C 1 115KV BUS SUPPORT STAND, 3 PHASE, 29'-0" BUS DIS-TRAN APPX WT =1,804 LBS EA HEIGHT D 9 115KV BUS SUPPORT STAND, SINGLE PHASE, 22'-0" DIS-TRAN APPX WT = 475 LBS EA BUS HEIGHT E 4 115KV SWITCH STAND, 3 PHASE, 22'-0" BUS HEIGHT DIS-TRAN APPX WT = 2,831 LBS EA F 3 115KV SWITCH STAND, 3 PHASE, 29'-0" BUS HEIGHT DIS-TRAN APPX WT = 4,196 LBS EA 13KV HOT DIPPED GALVANIZED STEEL STRUCTURES G 3 13.8KV SWITCH STAND, 3 PHASE, 18' BUS HEIGHT DIS-TRAN APPX WT =1,040 LBS EA H 4 13.8KV BUS SUPPORT STAND, 3 PHASE, DIS-TRAN APPX WT = 824 LBS EA 18'-0" BUS HEIGHT 1 2 13.8KV BUS SUPPORT STAND, 3 PHASE, 45° DIS-TRAN APPX WT = 881 LBS EA 18'-0" BUS HEIGHT J 1 13.8kV BUS SUPPORT STAND, SINGLE PHASE, 3'-0" EST DIS-TRAN APPX WT = 344 LBS EA BUS HEIGHT -ON TOP OF SWITCH GEAR BUILDING RW BECK PROVIDED BOM 8101 130 RIGID BUS PIPE, ALUMINUM, 1.5" DIA. NPS, SCH 40, KAISER ALU 6063-T6, ASTM B241, 53% IACS CONDUCTIVITY, 0.94PLF, 25KSI YIELD STRENGTH, SUITABLE FINISH FOR HIGH VOLTAGE APPLICATION 6104 1470 RIGID BUS PIPE, ALUMINUM, 3" DIA. NPS, SCH 40, KAISER ALU 6063-T6, ASTM B241, 530/6 IACS CONDUCTIVITY, 2.621PLF, 25KSI YIELD STRENGTH, SUITABLE FINISH FOR HIGH VOLTAGE APPLICATION 8204 21 BUS SUPPORT, ALUMINUM WELDED, FOR T IPS AL TO 3" BOLT AEC WTH-30-3 CIRCLE 8205 12 BUS SUPPORT, ALUMINUM WELDED, FOR 3" IPS AL TO 5" BOLT AEC WTH-30-5 CIRCLE B340 9 CABLE SPACE FOR 500.800 KCMIL CU 4" SPACING AEC BPCS-080-4 8362 6 CORONA END CAP, ALUMINUM DRIVE FIT, FOR 3' IPS AL AEC AGBI-30 8437 6 COUPLER, ALUMINUM WELDED, FOR T IPS AL TO 3" IPS AL AT 90 AEC W U-90-3030 DEGREES Wednesday, February 10, 2010 ISTRA{.� `� Packaged $.ubsfation.s 115-13kV Orchard Substation City of Ukiah Ukiah, Mendocino County, CA Origination Date:1/19/2010 Material List No: 0-13784 Sheet No: 2 of 3 ITEM QTY. DESCRIPTION MFG. TYPE OIL CAT. NO. CO23 0 715.5 KCMIL AAC CHAMPION 0109 70 4/0 STR. COPPER SERVICE WI C115 180 500 KCMIL COPPER, HARD DRAWN SERVICE WI 0115A 0 (2) 500 KCMIL COPPER, HARD DRAWN SERVICE WI C120A 200 (2) 750 MOM COPPER, SOFT DRAWN SERVICE W 1 0215 350 500 KCMIL COPPER, SOFT DRAWN SERVICE WI C215A. 0 (2) 500 KCMIL COPPER, SOFT DRAWN SERVICE WI E105 0 CIRCUIT BREAKER, 115KV BY OTHERS E130 9 POTENTIAL TRANSFORMER, 115KV KUHLMAN K711000TC E300 3 LED LUMINAIRE, 208V/137W, 119 LEDS, WITH WALL MOUNT PLATE REXEL XAWM3LED119CWUEBRZ G111 67 GROUND CLAMP, BRONZE BOLTED, #4 SOL CU-300 KCMIL CU TO FLAT AEC GC-141A-02 G116 19 GROUND CLAMP, BRONZE BOLTED, TWO 94 SOL CU-300 KCMIL CU TO FLAT AEC GC-143A-02 G151 18 GROUNDING STUDS, ALUMINUM, WELDED, FOR 3"-6" IPS AL TUBE AEC WTESR-30-60 1001 21 INSULATOR, STATION POST, STANDARD STRENGHT, 15KV, ANSI 70 GRAY, TR205 LAPP 315205-70 1006 12 INSULATOR, STATION POSST, STANDARD STRENGTH, 15KV, ANSI 70 GRAY, TR286 LAPP 315286-70 S213S 3 SWICTH, 3 PHASE, ALUMINUM, GROUP OPERATED VERTICAL AIR BREAK, 15KV, 2000A, CONT., 100KA MOM., WITH TINNED TERMINALS, ARCING HORNS, & SWING HANDLE OPERATOR USCG AVR-01520 S261 11 SWITCH, VERTICAL BREAK, 115KV, 1200A CONT., 61KA MOM., WITH TINNED TERMINALS, STANDARD ARCING HORNS, AND WORM GEAR OPERATOR USCO AVR-11512 T201 18 TEE, ALUMINUM WELDED, 3' IPS AL MAIN TO 1 1/2" IPS ALTAP AT 15 DEGREES AEC WTT-15-3014 T221 9 TEE, ALUMINUM WELDED, 3" IPS AL TAPS AT 15 DEGREES AEC WTT2-15-3014 T241 18 TEE, ALUMINUM WELDED, 3"-6° IPS AL MAIN TO FOUR HOLE NEMA PAD AEC WTTFR-30-60-0 T298 6 TEE, BRONZE BOLTED, (2) 1/0 SOL CU-500 KCMIL CU MAIN TO 1/0 SOL CU-500KCMIL CU TAP AEC T2CC-050D50 T607 3 TERMINAL, ALUMINUM WELDED, 3" IPS AL TO NEMA 2 HOLE PAD, CENTER FORMED AEC WSTF-30-B2-CF T508 9 TERMINAL, ALUMINUM WELDED, W IPS AL TO NEMA 4 HOLE PAD AEC W STF-30-0 T508A 6 TERMINAL, ALUMINUM WELDED 3" IPS AL TO NEMA 4 HOLE PAD @ 90 DEGREES AEC WSTF-30-C-Y90 Wednesday, February 10, 2010 Wednesday, Febnwry 10, 2010 Origination Date:1/19/2010 115-13kV Orchard Substation City of Ukiah Material List No: 0-13784 Sheet No: 3 0 f 3 0"D Packaged S.ub�tai:i,�ns, Ukiah, Mendocino County, CA ITEM QTY. DESCRIPTION MFG. TYPE OR CAT. NO. T511 15 TERMINAL, ALUMINUM WELDED, 3" IPS AL TO NEMA 4 HOLE PAD, AEC WSTF-30-D-CF CENTER FORMED T527 45 TERMINAL, ALUMINUM WELDED, 3" IPS AL TO NEMA 4 HOLE PAD AEC WSTF-30-D-CF T603 18 TERMINAL BOLTED BRONZE, FOR N4 SOL CU. 250 KCMIL CU TO AEC SWL-025-B NEMA 2 HOLE PAD T606 24 TERMINAL BOLTED BRONZE, 1/0 SOL CU, -4/0 STR CU OR 250 KCMIL CU.- AEC SWL-050-C 500 KCMIL TO NEMA 4 HOLE PAD T613 69 TERMINAL BOLTED BRONZE, 2/0 SOL CU.-500KCMIL STR CU. OR AEC SHE -080-D 500 KCMIL CU. -800 KCMIL TO NEMA 4 HOLE PAD T622 0 TERMINAL, BRONZE BOLTED, FOR TWO 1/0 SOL CU. -500 KCMIL CU AEC SW HD -050-D TO NEMA 4 HOLE PAD T623 18 TERMINAL, BRONZE BOLTED, (2) 4/0 STR CU -1000 KCMIL CU TO AEC SWHD-100-D NEMA 4 HOLE PAD MATERIAL REQUIRED BY SPEC NOT SHOWN ON PROVIDED ML AA 16 SET OF PHASE IDENTIFICATON SIGNS SETON PROCELAINIAED ENAMEL 5" X5" WITH 4" LETTERS RED BACKGROUND WHITE LETTER "A" WHITE BACKGROUND BLACK LETTER "B" BLUE BACKGROUND WHITE LETTER "C" BB 20 SUBSTATION. WARNING AND SAFETY SIGNS ALMETEK PER DRAWING E -STD -1220 CC LOT EQUIPMENT IDENTIFICATION SIGNS AND HOLDERS ALMETEK 1/4" ALUMINUM, 3" TALL NUMBERS EMBOSSED BLACK NUMBERS ON YELLOW BACKGROUND (4) FOR 115KV BREAKERS (12) FOR SWITCHES (6) FOR TRANSFORMERS (3) JUNCTION BOXES DD 14 SWITCH OPERATOR PLATFORMS P&R METALS 4'X5' BAR GRATED EE 90 SET OF (4) STAINLESS STEEL TERMINAL BOLTS,NUTS & WASHERS T.F. WITH BELLEVILLE WASHERS FF 150 SET OF (4) BRONZE TERMINAL BOLTS COMPLETE WITH NUTS AND T.F. FLAT WASHERS GG LOT ANCHOR BOLTS, COMPLETE WITH (2) NUTS AND (2) FLATWASHERS T.F. HH LOT ANCHOR BOLTS, COMPLETE WITH (2) NUTS AND (2) FLATWASHERS T.F. CAGED FOR TAPERED TUBULAR STRUCTURES Wednesday, Febnwry 10, 2010 (`ITIS. PAGE WTEIMONALLY LEFr BLANK] SECTION 00410 BID FORM PROCUREMENT CONTRACT NO. 01236-P3 Structures and Equipment Orchard Substation City of Uldah ARTICLE 1- BID RECIPIENT 1.01 THIS BID IS SUBMITTED BY: DIS -IRAN Packaged Substations., LLC 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 Special Services. PROJECT NO. 0 1236-P3/ISSUED FOR BID 00410-1 BID FORM ,I 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 #1 2/1/10 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 arid 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. PROJECT NO.01236-MASSUED FOR BID 00410-2 BID FORM ril 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 and deliver to the Orchard Substation project site the substation structures and equipment as specified herein, including California Sales tax (7.25%): BID ITEM `A' LUMP SUM BID PRICE: Three hundred thirty-one thousand five hundred seventeen dollars and 26 /100 ($ 331,517.26 (Use words) (Use. figures) ARTICLE 5 — BID INFORMATION 5.01 Bidder agrees to provide all required Shop Drawings and samples within the time(s) set forth in the Procurement Agreement. If the delivery is less than that set forth in the Agreement (Page 00520-2), the proposed delivery time is: Design calculations with structural loadings and anchor bolt plan: .................... Days Remaining shop drawings: ................................................................................ Days ' 5.02 Bidder agrees that the Goods will be delivered to the point of delivery within the time set forth in the Agreement. If the delivery time is less than that set forth in the Agreement (Page 00520-2), the proposed delivery time is: i Substation structures:........................................................................................ Days Remaining equipment: ..................................................................................... Days 5.03 BIDDER accepts the provisions.of the Procurement Agreement as to liquidated damages. ARTICLE 6 - COMMUNICATIONS i 6.01 Communications concerning this Bid shall be addressed to: I 1 Nie: David Campbell ` Title: Proposal Coordinator Address: 4725 Hwy 28 E Pineville, LA 71360 Telephone: 318-767-5529 Fax: 318-445-7240 Email: David.Campbell@dis-tran.com PROJECT NO. 0 1 236-PNISSUED, FORBID 00410-3 BID FORM 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 D. Section 00445 - Bid Submittal Checklist E. Section 00450 - Bidder's Qualifications Form F. Section 00460 - Non Collusion Affidavit G. A bill of materials that shall be complete and include material descriptions, quantities, weights, manufacturer names, and catalog types. The bill of materials shall be submitted for the Buyer's analysis of bids only and shall not become part of the bound Contract Documents. H. In addition to the bill of materials to be furnished, the Bidder shall fill in the following requested information that shall not become part of the bound Contract Documents: Structures designer: AIS -IRAN Packaged Substations, LLC Structures fabricator: Whitlow Electric and DIS -TRAM Pole Weights, pounds: 4Q.,450 ]bS gzndard Sbaj)p, 17,872 ta= prpd tube 1) Total Structures: included above 2) Anchor Bolts: included above I. Other Attachments (list items below or indicate "None"): Bid Letter, Certificate of Liability Insurance, Unanimous Written Consent 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-P3/ISSUED FOR BID 004104(1) BID FORM SUBMITTED ON February 11 , 2010 If Bidder is: An Individual (Individual's Name) doing business as Business Address Telephone No. A Partnership By (Firm Name) Business Address Telephone No. A Corporation By DIS -THAN Packaged Substations LLC (Corporation Name) Delaware (State of Incorporation) By David Ducote (Name of Person Authorized to Sign) Manager of the proposal dept (Title) (Corporate Sea]) (Secretary) Business Address 4725 Hwy 28 E, Pineville, LA 71360 Telephone No. — 767-5645 A Joint Venture (Name) (Address) (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 the joint venture should be in the manner indicated above). l END OF SECTION PROJECT NO. 0 1236-P3/ISSUED FOR BID 00410-5 BID FORM [THIS. PAGE iNTlilTnONALLY LES BLANK], A,.ac®Rbo CFRTiFICATE OF LIABILITY INSURANCE oplu Ka DAnpN�,R�nY9, �..- PRODUCER Regions Insurance, Inc. - AL 1439 Centre Court, Suite 200 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 70 ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH Alexandria LA•71301 Phone:318-427.3730 Fax:318-427-3754 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA, Festchectar Surplus Linos Tns 10172 INSURER B: North River Insurance Co 21105 DATE MMMIIIO 1 INSURERC: T - vol— znde—Ity Co of cwn 25682 Dis-Tran Packaged Substations, LLC 4725 H 28 East Pineville LA 71360 INSURERD: LA Work Com Corporation 22350 INsuRERE Lexington Insurance Co IiVYCKAVG.7 THE POLK;IES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWLTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DDCUMENT WITH ResPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 70 ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAIO CLAIMS. MDT NSRA TYPE OF INSURANCE POLICY NUMBER DATE MMMIIIO 1 DA-iE(MNJDDIYYYI' LIMITS EACH OCCURRENCE - $ 1,000,000 LIABILITY PREMISES tEa ocr.) S100,000 rA X COMMERCIAL. GENERAL LIABILITY G24033892001 08/21/08 08/21/10 MED ECP (Any orle Person) $5,000 CLAIMS MAGE Q OCCUR - PERSONAL& ADV INJURY $1,000,000. - GENERAL AGGREGATE $2,000,000 PRODUCTS-COMP/OPAGO $2,000,000 GEN'LAGGREGATELIMRAPPLESPER: ElPOLICY X JPEG LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s,1,000,QOO (Ea acddeM) C X ANY AUTO810503D9135 08/21/09 08/21/10 ALL OWNED AUTOS BOOILYINJURY S' (Per person) SCHEDULED AUTOS - HIREDAtlTOS BODILYINJURY S (Perecpdent) NON -OWNED AUTOS PROPERTY DAMAGE S (Per acddenl) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ EA ACC S OTHERTHAN ANY AUTO AGG S EXCESS/ UMBRELLA LIABILITY EACH OCCURRENCE 524,000,000 AGGREGATE s48,000,000 B X OCCUR EICLAIMSMADE 5530926465 08/21/09 08/21/10 PRODUCTS/ $ COMPLETED $ DEDUCTIBLE OPS AGG. 124,000,000 X RETENTION $ 0 WORKERS COMPENSARON X TORY LIMITS ER EL EACH ACCIDENT $1,000r000 D AND EMPLOYERS' 1JAH]LJ7Y YIN ANY PRDPRIETOR/PARTNER/EXECUTIV 72710D 01/01/09 01%01/10 EL DISEASE -EAEMPLO $1,000 000 In NH EXCLUDED? {_,_j E.LDISEASE • POLICY UMI7 51,000 OOO fy(fA7yaCER(MEdat-y SPEGIdA1�.PcROVISIONShdow OTHER E Prof'l/Pollution 021435650 01/01/09 01/01/10 EachClaim $5,000,000 Liab (Claims Made) RETRO DATE 10/31/9 A re ate $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES! prf MSIONS ADDED BY ENOORSEMENT! SPECIAL PROVISIONS Additional Insureds (GL, Auto & Umbrella) &/or Waivers of Subrogation (GL, Auto, WC & Umbrella) provided where required by written contract. Liability coverages primary/non-contributory to Addl Insd. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION FOIN--1 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYSWRITTEN NOTICE To THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR FOR INFORMATION ONLY REPRESENTATFVM ZREPRESENTA Z ACORD 25 (2009101) ©1986-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of AUORL) SECTION 00435 PROPOSED EXCEPTIONS OR DEVIATIONS PROCUREMENT CONTRACT NO. 01236-P3 Structures and Equipment 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 summary 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 rejected at the discretion of the Buyer. SUMMARY Description Price Adjustment Amount (Indicate deductions in parentheses) Item numbers CO23,C115A, T622 and C215A of the provided material list drawing number 0 1236-305.0 does not appear to be called out on any of the elevation or plan view drawings_ DIS-TRAN's proposal does not include materials for these items Section 00520. subsection 5.04 on page 2- DIS -TRAM will agree t0 liquidated damages not to 0 exceed 109 of the total contract amount Section 01200 subsection 1.02 - DIS-TRAN will agree to the 109 retainage provided that the 0 retainage is not to exceed 90 days past delivery. - Section 0700 subsection 4.02 - DIS -TRAM is providing our certificate of insurance. Please 0' note that excess / umbrella liability may cover short comings of the automobile and general Liability. DIS -TRAM proposes deleting a portion of 4.02 C.1 on page 9 that requires Seller to name the Engineer,other consultants and their consultants and subcontractors as additional insureds. [Engineer, their consultants,) and [and other consultants and subcontractors of each and any of all such additional insureds) We will agree to name the Buyer and any party upstream in 0 the contractual relationship as an additional insured, but do not agree to name parties with whom we have no contractual relationship as additional insureds. DIS -TRAM proposes deleting a portion of 4,02 D.2 on page 10 requiring us to remove from our General Liability policy the standard exclusion for property within the insured's care, custody and control. Section 6.03 transfers risk of loss to Buyer upon receipt of goods. Our Cargo policy and policies required of our cargo carriers, provide adequate protection 0 until that time. [and eliminate the exclusion with respect to property under the care, custody and control of Seller PROJECT NO.01236-PYISSUED FOR BID 00435-1 PROPOSED EXCEPTIONS OR DEVIATIONS Description Price Adjustment Amount (Indicate deductions in parentheses) Presentation of Specific Details of Exceptions and Deviations I. 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 attachinent 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 PROJECT NO.01236-P3/ISSUED FOR BID 00435-2 PROPOSED EXCEPTIONS OR DEVIATIONS SECTION 00445 BID SUBAHTTAL CHECKLIST PROCUREMENT CONTRACT NO, 01236-P3 Structures and Equipment Orchard Substation City of Ukiah Bidder confirms that the following documents are fully completed, included in and made a part of its Bid. Evidence of ability to meet insurance requirements of the General Conditions Section 00435 - Proposed Exceptions or Deviations Seetion 00440 Bid, 3 nd Section 00445 - Bid Submittal Checklist Section 00450 - Bidder's Qualifications Form Section 00460 - Non Collusion Affidavit A bill of materials that shall be complete and include material descriptions, quantities, weights, manufacturer manes, and catalog types. The bill of materials shall be submitted for the Buyer's analysis of bids only and shall not become part of the bound Contract Documents. Identify 'any Attachments below submitted by Bidder that are to be made part of its Bid. (list items below or indicate "None") Three signed originals of the above have been submitted to the City of Ukiah in accordance with Section 002 Confirmed by Bidder END OF SECTION BID SUBMITTAL CHECKLIST PROJECT NO, 01236-P3/ISSUED FORBID 00445=1(1) i (THIS. PAGE RqT EIMONALLY LEFT BLANKI SECTION 00450 BIDDER'S QUALIFICATIONS FORM PROCUREMENT CONTRACT NO. 01236-P3 Structures and Equipment Orchard Substation City of Uldah The following manufacturers are proposed to be employed to furnish components of the Goods: The following statements of experience, personnel, equipment and general qualifications of the Bidder are submitted as part of the Bid and the Bidder represents and guarantees the truthfulness and accuracy thereof. 1. Bidder has been in business continuously from the year 19 5 6. 2. Bidder has had experience in manufacturing equipment comparable to that required by the Contract Documents as a prime manufacturer for 54 years, as a component manufacturer for 5 4 years, or as an equipment supplier for 5 4 years. PROJECT NO. 0 123 6-P30SUED FOR BID 00450-1 BIDDER'S QUALIFICATIONS FORM Percent of Name Address Type of Components Total Cost of Goods SWITCHES 25% USCO KUHLMAN METERING EQUIPMENT 27% AEC BUS FITTINGS 5% KAISER TUBING 4% 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 19 5 6. 2. Bidder has had experience in manufacturing equipment comparable to that required by the Contract Documents as a prime manufacturer for 54 years, as a component manufacturer for 5 4 years, or as an equipment supplier for 5 4 years. PROJECT NO. 0 123 6-P30SUED FOR BID 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 2007 Southwest Eunice La $318,000.00 Substation 2006 Highway 98 NC $313,000.00 Substation 2007 Kosse Mine Tx $312,000.00 Substation 2007 Stanton Wind Power Tx $310,000.00 Project 2007 Fox Hills Substation NY $308,000.00 Feeder.Addition 2007 Langdon Transmission ND $307,000.00 Line 2006 Kerr-McGee Line UT $297,000.00 Addition Each Bidder shall submit evidence that the Bidder maintains and has readily available trained service personnel who are thoroughly familiar, in detail, with all of the equipment to. be furnished and capable of directing any major or minor repair work that may be required on the equipment. Each Bidder shall also submit locations of trained service personnel and suitable shop facilities nearest the Project site, capable of repair. or replacement of any part of the equipment to be 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 PRO.IECT NO. 01236-P3/ISSUED FOR BID 00450-2 BIDDER'S QUALIFICATIONS FORM SECTION 00460 NONCOLLUSION AFFIDAVIT I, David Ducote being duly sworn depose and under the penalty of perjury say that the following is true: 1. I am the person responsible within my firm for the final decision as to the price(s) and amount of this Bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on the behalf of my firm. 2. The price(s) and amount of this Bid have been arrived at independently, without collusion, consultation, communication, or agreement for the purpose of restricting 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 Bid have been disclosed to any other firm or person who is a Bidder, competitor, or potential Bidder on this Project, and will not be so disclosed either directly or indirectly prior to Bid opening. i' 4. No attempt has been made or will be made to solicit, cause, or induce any firm, partnership, corporation, or 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. r I 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. 1 7. My firm has not accepted nor been promised any subcontract or agreement regarding the sale of materials 111 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. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval, or submission of my firm's Bid on this Project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, ` agreement, collusion, act, or other conduct inconsistent with any of the statements and representations made in this 1 affidavit. DIS–TRAM Packaged Substations, LLC Con Com 7iLz:-" "aa at pany Position David Ducote Manager of Proposal Dept. Type Name Company Position Date: February 9,2010 Attest: Sworn to me this4X4'— day of r2bruaa,CL , dor0 By: 1 `�� l aL� Rhonda t� , Foswell Notary JU, No.057272 PROJECT NO. 01236-P3/ISSUED FORBID 00460-1 NONCOLLUSION AFFIDAVIT [THIS. PAGE IITOMONALI YY LEFT -BLANKa UNANIMOUS WRITTEN CONSENT OF THE SOLE MEMBER OF DIS -TRAM PACKAGED SUBSTATIONS, LLC The undersigned, being the sole member (the "Member") of Dis-Tran Packaged Substations, LLC, a Delaware limited liability company (the "Company"), pursuant to Section 18-404(4) of the Delaware Limited Liability Company Act, hereby adopts, by written consent, the following resolutions: RESOLVED, that, David Ducote, be and he hereby is authorized and empowered to sign bid proposals, in the name of and on behalf of the Company. ALSO RESOLVED, that, in the absence of the Company Secretary he hereby is authorized to sign as Secretary if the signature of the Secretary is required by the bid specification. IN WITNESS WHEREOF, the Member has adopted the foregoing resolutions effective as of the 5' day of January, 2009. Crest Operations, LLC, Sole Member of Dis-Tran Packaged Substations, LLC By: Z'��e - Kenneth L. Robison, CEO (THIS . PAGE R4TENRONAL-LY LEFT BLANK] THE AMERICAN INSTITUTE OF ARCHITECTS `, Bond No. 43BCSFP1365 AIA Document A312 Performance Bond I Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): i Dis-Tran Packaged Substations, LLC Hartford Fire Insurance Company 4725 Hwy 28 East One Hartford Plaza Pineville, LA 71360 Hartford, CT 06155 OWNER (Name and Address): City of Ukiah, c/o R. W. Beck, Inc. 131 Saundersville Road, Suite 300 F l Hendersonville, TN 37075 CONSTRUCTION CONTRACT Date: Amount: $348,007.61 Three Hundred Forty Eight Thousand Seven Dollars and 61/100 1 Description (Name and Location): Procurement Contract No. 01236-P3, Structures and Equipment, Orchard Substation, City of Ukiah BOND J Date (Not earlier than Construction Contract Date): Thousand Seven Dollars and 61/100 J Amount: $348,007.61 Three Hundred Forty Eight Modifications to this Bond: ® None ❑ See Page 3 f CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) l Dis-Tran Packaged Substations, LLC Hartford Fire InsLLrarlce Company. 1 � Signature: Signature: j Name and e: c ���,4 w,� Name and Title: Robert S. Brown+ :i o ilaGSt7 Attorney -in -Fact �,• (Any a ditional signatures appear on page 3) J(FOR INFORMATION ONLY- Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, r AGENT or BROKER: party) Regions Insurance, Inc. 1 4621 Jamestown Avenue J Baton Rouge, LA 70808 225-927-7575 J AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W„ WASHINGTON, D.C. 20006 A312-1984 l THIRD PRINTING • MARCH 1187 1 The Contractor and the Surely, jointly and severally, bind themselves, their heirs, executors, administrators, l successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 if the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate In conferences as provided in Subparagraph 3.1. 1 3 If there is no Owner Default, the Surety's obligation J under this Bond shallarise after: 3.1 The Owner has notified the Contractor and the Surety at Its address described in Paragraph 10 below 1 that the Owner is considering declaring a Contractor J Default and has requested and attempted to arrange a conference with the Contractor and the Surely to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but ` 1 such an agreement shall not waive the Owner's right, if J any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and G 1 formally terminated the Contractor's right to complete. I the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- Paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor 1 selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construe - tion Contract itself, through its agents or through inde- pendent contractors; or l 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner (or a contract for performance and completion of the Con - 1 struction Contract, arrange for a contract to be pre - J pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or In port and notify the Owner citing reasons therefor. S if the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surely shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any. remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability. in whole orin part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4,1, 4.2, or 4.3 above, then the responsibilities of tl�e Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction 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 the Owner or its heirs, executors, administrators or successors. S The Surety hereby waives notice of any change. includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions, 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work Or part of the work is located and shall be Instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited bylaw, the minimum period of limitation avait- JAIA DOCUMENT A312 aPERFORMANCE BOND AND PAYMENT BOND a DECEMBER 1984 ED. a AIA OD t THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 Z THIRD PRINTING • MARCH 1987 �l able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims 10 Notice to the Surety, the Owner or the Contractor shall for damages to which the Contractor is entitled, re - duced by all valid and proper payments made to or on be mailed or delivered to the address shown on the sig- g behalf of the Contractor under the Construction Con - nature page• tract. r 11 When this Bond has been furnished to comply with a 12,2 Construction Contract: The agreement between 1 statutory orother legal requirement in the location where 1 the Owner and the Contractor identified on the sig - the construction was to be performed, any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- 1 - - 1 forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per - Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. ` 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner, which has 12.1 Balance of the Contract Price: The total amount neither been remedied nor waived, to pay the Con - tractor as required by the Construction Contract onto b the Owner to the Contractor under- the Payable Y 1 perform and complete or comply with the other terms J Construction Contract after all proper adjustments thereof. have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312 9 PERFORMANCE BOND AND PAYMENT BOND a DECEMBER 1984 ED. * AIA JI THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312.1984 3 THIRD PRINTING • MARCH 1987 Direct inquides/Clafms to: KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: SurePath © Hartford Fire Insurance Company, a corporation duly organized under tho laws of the State of Connecticut 0 Hartford Casualty insurance Company, a corporation duly organized under the laws of the State of Indiana Q Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Q Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Q Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Q Hartford Insurance Company of Illinois, a corporation duty organized under the laws of the State of Illinois 0 Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida a office in Hartford. Connecticut (hereinafter collecthrety referred to as the "Companies") do hereby make, constitute ar Robert S. Brown of Regions Insurance, Inc. . Baton Rouge, LA their true and lawful Attomay4n-Fact, to sign its name as surety(les) only as delineated above by ®, and to execute, seal and acknowledge the following bond, undertaking, contract or written instrument: Bond No. 43BCSFPI 365 on behalf of Dis-Tran Packaged Substations, LLC naming City of Ukiah, c/o R. W. Beck, Inc. as Obligee in the amount of See Bond Form 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 taw. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. w•• s te•2 � .v tY79 }E � 1074 �, 2 • • Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD M. Ross Fisher, Assistant Vice President On 1`t day of February, 2004, before me personally came M. Ross Fisher, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. 10 6..7e'9, Scott 13. RUM Notary Fublic CERTIFICATE My Commission Expire..Odober3l, 2012 i, the undersigned, Assistant Vice President of the Companies, 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 still In full force effective as of Signed and sealed at the City of Hartford. ��iErs ,y YMr�. •qu,N• r tOgi tOT4 !9"d! A • '► t � gyri : i� • •tBt as"c br..*• J ,n Gary W. Stumper, Assistant Vice President POA 2007 POWER OF ATTORNEY THE HARTFORD BOND, T-4 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-7574835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: SurePath © Hartford Fire Insurance Company, a corporation duly organized under tho laws of the State of Connecticut 0 Hartford Casualty insurance Company, a corporation duly organized under the laws of the State of Indiana Q Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Q Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Q Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Q Hartford Insurance Company of Illinois, a corporation duty organized under the laws of the State of Illinois 0 Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida a office in Hartford. Connecticut (hereinafter collecthrety referred to as the "Companies") do hereby make, constitute ar Robert S. Brown of Regions Insurance, Inc. . Baton Rouge, LA their true and lawful Attomay4n-Fact, to sign its name as surety(les) only as delineated above by ®, and to execute, seal and acknowledge the following bond, undertaking, contract or written instrument: Bond No. 43BCSFPI 365 on behalf of Dis-Tran Packaged Substations, LLC naming City of Ukiah, c/o R. W. Beck, Inc. as Obligee in the amount of See Bond Form 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 taw. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. w•• s te•2 � .v tY79 }E � 1074 �, 2 • • Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD M. Ross Fisher, Assistant Vice President On 1`t day of February, 2004, before me personally came M. Ross Fisher, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. 10 6..7e'9, Scott 13. RUM Notary Fublic CERTIFICATE My Commission Expire..Odober3l, 2012 i, the undersigned, Assistant Vice President of the Companies, 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 still In full force effective as of Signed and sealed at the City of Hartford. ��iErs ,y YMr�. •qu,N• r tOgi tOT4 !9"d! A • '► t � gyri : i� • •tBt as"c br..*• J ,n Gary W. Stumper, Assistant Vice President POA 2007 1 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 43BCSFP1365 AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIwJLTANEOUSLYWITN PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Dis-Tran Packaged Substations, LLC (Note inert fug name and address or legal title ofContraetor) 4725 Hwy 28 East Pineville, LA 71360 as Principal, hereinafter called Principal, and, Hartford Fire Insurance Company (Here insert U name and address or legal Ude of Sural» One Hartford Plaza, Hartford, CT 06155 as Surety, hereinafter called Surety, are held and firmly bound unto City of Ukiah, c/o R. W. Beck, Inc. (Here insert M namo and address or legal We of Owner) 131 Saundersville Road, Suite 300 Hendersonville, TN 37075 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, In the amount of Three Hundred Forty Eight Thousand Seven Dollars and 61/100 (Hero insert a sum equal to at least onahalt of the contract price) Dollars ($ 348,007.61 � for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated entered Into a contract with Owner for (Nara Inert fug nanN, address and das Aftn of pmjecq Procurement Contract No. 01236-P3, Structures and Equipment, Orchard Substation, City of Ukiah In accordance with Drawings and Specifications prepared by J(Here insert fup name and address or legal We of Arohiteet) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1974 E0. • THE AMERICAN INSTITUTE OFARCHITECT% 1736 N.Y. AVE, N.W. WASHINGTON, D.C. 20008 J 1 r) A LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OSUGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void, otherwise it shall remain In full force and effect, subject, however, to the following l conditions: l 1. A claimant is defined as one having a direct and the name of the party to whom the materials were contract with the Principal or with a Subcontractor of the furnished, or for whom the work or labor was done or 1 Principal for labor, material, or both, used or reasonably performed. Such notice shall be served by mailing the I required for use in the performance of the Contract, labor some by registered mail or certified mail, postage prepaid, and material being construed to include that part of water, in an envelope addressed to the Principal, Owner or Surety, gas, power, light, heat, oil, gasoline, telephone service or at any place where an office Is regularly maintained for the rental of equipment directly applicable to the Contract transaction of business, or served in any manner in which `1 J 2. The above named Principal and Surety hereby jointly legal process may be served in the state in which the aforesaid project is located, save that such service need not and severally agree with the Owner that every claimant as be made by a public officer. herein defined, who has not been paid in full before the 1 expiration of a period of ninety (90) days after the date on b) After the expiration of one (1) year following the date on 1 which the last of such clalmanfs work or labor was done or which principal ceased Work on said Contract, it being performed, or materials were furnished by such claimant, understood, however, that if any limitation embodied in this may sue on this bond for the use of such claimant, bond is prohibited by any law controlling the construction prosecute the suit to final judgment for such sum or sums hereof such limitation shall be deemed to be amended so i as may be justly due claimant, and have execution thereon. as to be equal to the minimum period of limitation permitted The owner shall not be liable for the payment of any costs by such law. or expenses of any such suit. c) Other than in state court of competent jurisdiction in 3. No suit or action shall be commenced hereunder by and for the county or other political subdivision of the state any claimant: in which the Project, or any part thereof, is situated, or in a) Unless claimant, other than one having a direct the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the 4. The amount of this bond shall be reduced by and Surety above named, within ninety (90) days after such to the extent of any payment or payments made in good claimant did or performed the last of the work or labor, or faith hereunder, inclusive of the payment by Surety or l fumished the last of the materials for which said claim is mechanics' liens which may be filed of record against said 1 made, stating with substantial accuracy the amount improvement, whether or not claimfor the amount of such claimed lien be presented under and against this bond. Signed and sealed this day of ATTEST: Dis-Tran Packaged Substations, LLC (PrftipeQ (Seal) B [l (WNness) g rl 1 (Tice) i 1 sr►,� T s WITNE S: Hartford Fire Insurance Company �g wpb (S (S"o l l •,; ' Q Sharon Hebert (Witness) it W o �cb L yeti By: l Robert S. Brown (Tips) Attorney -in -Fact AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OFARCHITECTA 1735 N.Y. AVE, N.W, WASHINGTON, D.C. WN 2 „ Direct Inquiries/Claims to: THE HARTFORD P OWER OF ATTORNEY Ii90ASBOND, UM VENUE HARTFORD, CONNECTICUT 06115 cal/.`888-266-3488 or fax: 860-757-6836 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: SurePath r 1 Hartford Fire insurance Company, a corporation duly organized under the laws ofthe State of Connecticut J Q Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut J Q Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut J Q Twin City Fire Insurance Company, a corporation duly organized under the laws orthe State orindiana Q Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois J Q Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana J Q Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint Robert S. Brown of Regions Insurance, Inc. [ Baton Rouge, LA their true and lawful Attomey-in-Fact, to sign Its name as surety(les) only as delineated above by ®, and to execute, seal and acknowledge the following i bond, undertaking, contractor written instrument: Bond No. 43BCSFP1365 on behalf of Dis-Tran Packaged Substations, LLC naming City of Ukiah, c/o R. W. Beck, Inc. as Obligee in the amount of See Bond Form on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or 1 guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. J In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seats to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. d ►^ :tiwone+rr; L9S1 i' JMM�MrA L � OL •,v ,'• �� tsar � � t a * E >� � � g f w+r•i'll[hi9f° h!fUdi! �Gsztp?9 (� f9?9 `& 1971► IiII �� � '4 �d Pay _ • ``ty „„ SPS ''! t. 1 * .� . A�8 •'►i't • HCH9ts '9t[GM' ' >.- ..., Paul A. Bergenholtz, Assistant Secretary M. Ross Fisher, Assistant Vice President r l STATE OF CONNECTICUTss, Hartford l COUNTY OF HARTFORD On 1st day of February, 2004, before me personally came M. Ross Fisher, to me known, who being by me duty sworn, did depose and say: that he 1 resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which l executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. c� i • � • Scott IL Pasoka Notary Public CERTIFICATE My Commission Expimw Odobcr 31, 2012 r 1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of 1 the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. r �� t• d,' �,*e � 91•" � �uMM �'`,` tp�ca �te74 ;,_ t 1! i � r Gary W. Stumper, Assistant Vice President POA 2007 Rte® CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD OP ID KR CREST -2 04/14 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Regions Insurance, Inc. - AL HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3 C t C t r9 Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 14 en re ou, Alexandria LA 71301 Phone: 318-427-3730 Fax:318-427-3754 INSURED Dis-Tran Packaged Substations, LLC 4725 Hwy 28 East Pineville LA 71360 I COVERAGES INSURERS AFFORDING COVERAGE NAIC # INSURER A: Westchester Surplus Linea Ina 10172 INSURER B: North River Insurance Co 21105 INSURER C: Travelers Indemnity Co of Conn 25682 INSURER D: LA Work Comp Corporation 22350 INSURER E: Lexinaton Insurance Co r THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING l ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATECMMIDDCTIVE DATE MMIDD TION LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 PREMISES Eaoccurence $100,000 A X COMMERCIAL GENERAL LIABILITY G24033892001 08/21/08 08/21/10 MED EXP (Any one person) ,, $5,000 CLAIMS MADE � OCCUR PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN 'LAGGREGATELIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICYFX jECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 C X ANY AUTO 810503D9135 08/21/09 08/21/10 (Ea accident) BODILY INJURY $ ALL OWNED AUTOS (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Per accident) NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) 1 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $24,000,000 AGGREGATE $48,000,000 1 B X OCCUR �CLAIMSMADE 5530926465 08/21/09 08/21/10 PRODUCTS/ $ COMPLETED $ DEDUCTIBLE OPS AGG. s24,000,000 X RETENTION $ O WORKERS COMPENSATION X TORY LIMITS ER D AND EMPLOYERS' LUIBILITY ANY PROPRIETOR/PARTNER/EXECUTIV �YIN 7 2 710D 01/01/10 O1/O1/11 E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 OFFICER/MEMBER EXCLUDED? ! " I (Mandatory In NH) E.L. DISEASE - POLICY LIMIT $1,000,000 If yes, describe under SPECIAL PROVISIONS below OTHER E Profrl/Pollution 21435788 01/01/10 01/01/11 EachClaim $5,000,000 Liab (Claims Made) RETRO DATE 10/31/90 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Job: Packaged Substation Proposal Procurement Contract No. 01236-P3, Orchard Substation (Dis-Tran Proposal No. Q13784) Additional Insureds (GL, Auto & Umbrella) &/or Waivers of Subrogation (GL,. Auto, WC & Umbrella) provided where required by written contract. Liability coverages primary/non-contributory to Addl Insd. `CERTIFICATE HOLDER L City of Ukiah c/o R. W. Beck, Inc. Attn: Anthony Hanson, Proj Mgr 131 Saundersville Rd., Ste 300 Hendersonville TN 37075 6AINI.CLL1%1 IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI CIOFHE5 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. _ ACORD 25 (2009/01) ©1988-2009 ACOAD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 joll AMERICAN CONSULTING National Society of ASCEof American Society ENGINEERS COUNCIL professional EngineersQ Civil Engineers EJCDC No. P-700 (2000 Edition) 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 f%1 and the Construction Specifications Institute EJCDC P-700 Standard General Conditions for Procurement Contracts L� Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Supplementary (undations" and have been made by 11 W Beck on hehal o uyeg in con junction 9th Buyer's h iaat LQUIMl and insurance advisors L 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. Beek on behalf of Rnyer in conjunction with Buyer's legal counsel and insurance advisors 00700-2 I� TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY.............................................................................................................5 1.01 Defined Terms.............................................................................................................................................................5 1.02 Terminology 6 r ARTICLE2 - PRELIMINARY MATTERS...............................................................................................................................7 6.01 Shipping.....................................................:...............................................................................................................13 2.01 Delivery of Bonds........................................................................................................................................................7 ................................................13 6.03 Risk of Loss...............................................................................................................................................................13 2.02 Copies of Documents...................................................................................................................................................7 ARTICLE 7 - CHANGES: SCHEDULE AND DELAY..........................................................................................................13 r 2.03 Commencement of Contract Times; Notice to Proceed...............................................................................................7 ;l Designated Representatives.........................................................................................................................................7 7.03 Changing Contract Price or Contract Times..............................................................................................................13 J2.04 2.05 Before Starting Fabrication/Assembly of Goods.........................................................................................................7 2.06 Progress Schedule........................................................................................................................................................7 Ft................... Preliminary Conference...............................................................................................................................................7 i_ ARTICLE 3 - CONTRACT DOCUMENTS: INTENT AND AMENDING..............................................................................8 r3.01 . Intent............................................................................................................................................................................ 8 3.02 Laws and Regulations, Standards, Specifications and Codes......................................................................................8 J J 3.03 Reporting and Resolving Discrepancies.......................................................................................................................8 3.04 Amending and Clarifying Contract Documents...........................................................................................................8 -a ARTICLE 4 -BONDS AND INSURANCE...............................................................................................................................8 L 4.01 Bonds................................................................................................................................... ........................................8 Insurance......................................................................................................................................................................9] / - .................4.02 ARTICLE 5 SELLER'S RESPONSIBILITIES.....................................................................................................10 5.01 Supervision and Superintendence ..............................................................................................................................10 5.02 Labor, Materials and Equipment.............:.................................................................................................................10 l 5.03 Compliance with Laws and Regulations, Standards, Specifications and Codes........................................................10 LJ 5.04 Or Equals....................................................................................................................................:..............................10 5.05 Taxes..........................................................................................................................................................................I1 '� 5.06 Shop Drawings and Samples..................................................................................................................................:..11 5.07 Continuing Performance............................................................................................................................................12 L 5.08 Seller's Warranties and Guarantees...........................................................................................................................12 5.09 Indemnification ..........................................................................................................................................................12 ARTICLE6 - SHIPPING AND DELIVERY............................................................................................................................13 6.01 Shipping.....................................................:...............................................................................................................13 6.02 Deliver ................................................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 ARTICLE8 - 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 L Copyright 02000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are con idered //cnnnle-n ntaryConditions" and have bcen made by R W Beck on behalf of Buyer In conjunction lith Buyer's legal counsel and insurance adyisors 00700-3 i ARTICLE9 - ROLE OF ENGINEER.......................................................................................................................................16 9.01 Duties and Responsibilities........................................................................................................................................16 9.02 Clarifications and Interpretations...............................................................................................................................16 9.03 Authorized Variations...................................................................:............................................................................16 9.04 Rejecting Non -Conforming Goods and Special Services..........................................................................................16 9.05 Decisions on Requirements of Contract Documents.................................................................................................16 9.06 Claims and Disputes..................................................................................................................................................16 ARTICLE10 - PAYMENT.......................................................................................................................................................17 10.01 Applications for Progress Payments..........................................................................................................................17 10.02 Review of Applications for Progress Payments.........................................................................................................17 10.03 Amount and Timing of Progress Payments...............................................................................................................18 10.04 Suspension of or Reduction in Payment....................................................................................................................18 10.05 Final Application for Payment...................................................................................................................................18 10.06 Final Payment............................................................................................................................................................18 10.07 Waiver of Claims.......................................................................................................................................................18 ARTICLE 11 - CANCELLATION, SUSPENSION, AND TERMINATION..........................................................................18 11.01 Cancellation...............................................................................................................................................................18 11.02 Suspension of Performance by Buyer........................................................................................................................19 11.03 Suspension of Performance by Seller........................................................................................................................19 11.04 Breach and Termination............................................................................................................................................19 ARTICLE12 - LICENSES AND FEES....................................................................................................................................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 made by R. W. Beck on behalf of Ruver in conjunction with Buyer's legal counsel and insurance advisors 00700-4 EJCDC STANDARD GENERAL CONDITIONS FOR PROCUREMENT CONTRACTS ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Whenever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to the singular or plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda --Those written or graphic instruments issued prior to the opening of Bids in accordance with the Bidding Requirements which clarify or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement --The written instrument signed by both Buyer and Seller covering the Goods and Special Services and which lists the Contract Documents in existence on the Effective Date of the Agreement. 3. Application for Payment --The form acceptable to Buyer which is used by Seller in requesting progress and final payments and which is accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid --An offer or, proposal submitted on the prescribed form setting forth the prices for the Goods and Special Services to be provided. 5. Bidder --A person who submits a Bid directly to Buyer. 6. Bidding Documents --The Bidding Requirements and the proposed Contract Documents (including all Addenda). 7. Bidding Requirements --The Advertisement or Invitation to Bid, Instructions to Bidders, Form of Bid security, if any, and Bid Form with any supplements. 8. Bayer--The,person or public entity purchasing the Goods and Special Services. 9. Change Order --A document recommended by Engineer which is signed by Seller and Buyer and authorizes an addition, deletion, or revision to the Contract Documents or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim --A written demand or assertion by Buyer or Seller seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. 11. Contract --The entire and integrated written agreement between Buyer and Seller concerning the Goods and Special Services. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents --Those items listed in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Files in electronic media format of text, data, graphics, and the like are not Contract Documents, and may not be relied on by Seller. Approved Shop Drawings and other Seller's submittals are not Contract Documents. 13. Contract Price-- The moneys payable by Buyer to Seller for furnishing the Goods and Special Services in accordance with the Contract Documents as stated in the Agreement. 14. Contract Times --The times stated in the Agreement by which the Goods must be delivered and Special Services must be furnished. 15. Drawings --That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, intent, and character of the Goods and Special Services to be furnished by Seller. 16. Effective Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the 2 parties to sign and deliver. 17. Engineer --The person designated as such in the Agreement. 18. Field Order—A written order issued by Engineer which requires minor changes in the Goods or Special Services but which does not involve a change in the Contract Price or Contract Times. Also referred to as a "Change Request". r EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright 02000, National Society of Professional Engineers for EJCDC. All rights reserved. l "SupplementaryConditionsn and have been made by R. W. in conjunction with u r'c lwl counsel and ins,ran advisors iJ 00700-5 J 19. General Requirements --Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 20. Goods --The tangible and movable personal property that is described in the Contract Documents, regardless of whether the property is to be later attached to realty. 21. Laws and Regulations; Laws or Regulations -- Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmen- tal bodies, agencies, authorities, and courts having jurisdiction. 22. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to the Contract Times. 23. Notice of Award --The written notice by Buyer to the apparent Successful Bidder stating that upon timely compliance by the apparent Successful Bidder with the conditions precedent listed therein, Buyer will sign and deliver the Agreement. 24. Notice to Proceed --A written notice given by Buyer to Seller fixing the date on which the Contract Times commence to run and on which Seller shall start to perform under the Contract. 25. Point of Destination --The specific address of the location where delivery of the Goods shall be made as stated in the Agreement. 26. Project --The total undertaking of which the Goods and Special Services to be provided under the Contract are a part. 27. Project Manual-- The bound documentary information prepared for bidding and furnishing the Goods and Special Services. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 28. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Goods and which establish the standards by which such portion of the Goods or Special Services will be judged. 29. Seller --The person furnishing the Goods and Special Services. 30. Shop Drawings --All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Seller and submitted by Seller to illustrate some portion of the Goods or Special Services. 31. Special Services --Services associated with the Goods to be furnished by Seller as required by the Contract Documents, under the supervision and direction of Buyer or Buyer's construction contractor under a separate contract to perform the installation or construction for which the Goods under this Contract are being furnished. 32. Specifications --That part of the Contract Documents consisting of written technical descriptions 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 Supplements may be included in Section 007300. 35. Written Amendment --A written statement modifying the Contract Documents, signed by Buyer and Seller on or after the Effective Date of the Agreement and normally dealing with the administrative aspects of the Contract Documents. 36. Warrantv Period --referred tb as "Correction Period" per paragraph 8.03. 1.02 Terminology A. Intent of Certain Terns 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 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 Ruver in conjunction with Buyer's legal counsel and insurance advisors 00700-6 Documents and conformance with the design concept of the 30th day after the Effective Date of the Agreement, the completed Project as a functioning whole as shown whichever date is earlier. 1 1 or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any 2.04 Designated Representatives such term or adjective shall not be effective to assign to Engineer any duty or authority to supervise or direct the A. Buyer and Seller shall each designate its furnishing of. Goods or Special Services or any duty or representative at the time the Agreement is signed. Each authority to undertake responsibility contrary to any representative shall have full authority to act on behalf of r other provision of the Contract Documents. and make binding decisions in any matter arising out of or relating to the Contract. ' 2. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known 2.05 Before Starting Fabrication/Assembly of Goods technical or construction industry or trade meaning are used in the Contract Documents in accordance with such A. Seller's Review of Contract Documents: Before recognized meaning. commencing performance of the Contract, Seller shall carefully study and compare the Contract Documents and . 3. The word "non-conforming" when modifying the check and verify pertinent requirements therein and, if Seller shall words "Goods" or "Special Services" refers to Goods or specified, all applicable field measurements. Special Services that fail to conform to the Contract promptly report in writing to Buyer and Engineer any f Documents. conflict, error, ambiguity or discrepancy which Seller may discover and shall obtain a written interpretation or l 4. The word "receipt" when referring to the Goods, clarification from Engineer before proceeding with any shall mean the physical taking and possession by the work affected thereby. r Buyer under the conditions specified in Paragraph L 8.01.13.3. 2.06 Progress Schedule B Day A. Within 15 days after the Contract Times start to run, r Seller shall submit to Buyer and Engineer an acceptable 1. The word "day" shall constitute a calendar day of progress schedule of activities, including at a minimum, 24 hours measured from midnight to the next midnight. Shop Drawing and Sample submittals, tests, and deliveries as required by the Contract Documents. No progress ARTICLE 2 -PRELIMINARY MATTERS payment will be made to Seller until an acceptable schedule is submitted to Buyer and Engineer. 2.01 Delivery of Bonds B. The progress schedule will be acceptable to Buyer A. When Seller delivers the executed Agreements to and Engineer if it provides an orderly progression of the i Buyer, Seller also shall deliver such bonds as Seller may be submittals, tests, and deliveries to completion within the required to furnish. specified Milestones and the Contract Times. Such T acceptance will not impose on Buyer or Engineer 2.02 Copies of Documents responsibility for the progress schedule, for sequencing, scheduling, or progress of the work nor interfere with or A. Buyer shall furnish Seller up to 5 copies of the relieve Seller from Seller's full responsibility therefore. l Contract Documents. Additional copies will be furnished Such acceptance shall not be deemed to acknowledge the 1 upon request at the cost of reproduction. reasonableness and attainability of the schedule. 2.03 Commencement of Contract Times; Notice to 2.07 Preliminary Conference lProceed J A. Within 20 days after the Contract Times start to run, A. The Contract Times will commence to run on the a conference attended by Seller, Buyer, Engineer and others 30th day after the Effective Date of the Agreement or, if a as appropriate will be held to establish a working Notice to Proceed is given, on the day indicated in the understanding among the parties as to the Goods and Notice to Proceed. A Notice to Proceed may be given at Special Services and to discuss the schedule referred to in any time within 30 days after the Effective Date of the Paragraph 2.06.A., procedures for handling Shop Drawings Agreement. In no event will the Contract Times commence and other submittals, processing Applications for Payment, L� to run Pater than the 60th day after the day of Bid opening or 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. "Supplementarynsidered Conditions" and hame-been made by R, W. Beek an behalffILRUY-er 's Joo7oo_7 in cnnpinetion with u legal call nsel and insurance advisors 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 time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. B. No provision of any such standard, specification, manual or code, or any instruction of a supplier shall be effective to change the duties or responsibilities of Buyer or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to Buyer or Engineer, or any of their consultants, agents, or employees any duty or authority to supervise or direct the performance of Seller's obligations or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: If, during the performance of the Contract, Seller discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Contract or of any standard, specification, manual or code, or of any instruction of any supplier, Seller shall promptly report it to Buyer in writing for Engineer's review. Seller shall not proceed with the furnishing of the Goods or Special Services affected thereby until an amendment to or clarification of the Contract Documents has been issued. Seller shall not be liable to Buyer or Engineer for failure to report any such conflict, error, ambiguity, or discrepancy unless Seller knew or reasonably should have known thereof. B. Resolving Discrepancies: Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: 1. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. the provisions of any Laws or Regulations applicable to the furnishing of the Goods and Special Services (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Clarifying Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions to the Goods or Special Services or to modify the terms and conditions thereof by a Written Amendment or a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Goods or Special Services not affecting Contract Price or Contract Times may be authorized, by one or more of the following ways: 1) a Field Order; 2) Engineer's approval of a Shop Drawing pursuant to Paragraph 5.06.D.2; or 3) Engineer's written interpretation or clarification. ARTICLE 4 - BONDS AND INSURANCE 4.01 Bonds A. Seller shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price, to Buyer. The bonds shall be delivered in accordance with Paragraph 2.01 and shall remain in effect at least 1 year after the date final payment is due, except as provided otherwise by Laws or Regulations. EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright 02000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Supplementary Conditions" and have been made by R. W. Reck on behalf of Ruver in conjunction with Buyer's legal counsel and insurance advisors 00700-8 r� B. The bonds shall be issued in the form prescribed by 5 claims for damages other than to the Goods 1 the Contract Documents except as provided otherwise by because of injury to or destruction of tangible property Laws or Regulations and shall be executed by a surety wherever located including loss of use resulting named in the current list of "Companies Holding therefrom 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 property damage arising out of Service, Surety Bond Branch, U.S. Department of the the ownership maintenance or use of any motor vehicle. �} Treasury. Bonds signed by an agent must be accompanied J by a certified copy of such agent's authority to act. C The policies of insurance so required by this Paragraph 1.0-2- 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 1 with respect to insurance required by Paragraphs where the Project is located or it ceases to meet the 4 02 B 3 through 4.02.13.6 inclusive include 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) Buyer. Engineer, requirements within 20 days, at Seller's expense. their consultants and include coverage for the respecrive officers directors partners employees agents and other 4.02 Insurance consultants and subcontractors of each and any of all r such additional insureds using ISO Endorsement A. Seller shall provide insurance of the types and CG2032 0798 or equivalent and the insurance afforded L coverages and in the amounts stipulated below. in t}ie y to these additional insureds shall provide primarSupple nentary Conditions. coverage for all claims coveredthereby' B Seller shall purchase and maintain such liability and 2 include at least the specific coverages and be other insurance as is appropriate for the furnishing of Goods written for not less than the limits of liability provided and Special Services and as will provide protection from below or required by Laws or Regulations, whichever is r I claims set forth below which may arise out of or result from rg eater: L Seller's furnishing of the Goods or Special Services and Seller's Qther obligations under the Contract Documents 3. include completed operations insurance• whether the furnishing of Goods or Special Services- or r other obligations are to be performed by Seller. any 4 include contractual liability insurance covering l �) subcontractor or supplier, or by anyone directly or indirectly Seller's indemnity obligations under Paragraphs 5.09 and employed by any of them to furnish the Goods or Special 12.02. r Services or by anyone for whose acts any of them may be liable: 5 contain a provision or endorsement that the l_ coverage afforded will not be canceled- materially 1 claims under workers' compensation- disability changed or renewal refused until at least 30 days prior r benefits and other similar employee benefit acts: written notice has been given to Buyer and Seller and to each other additional insured identified to whom a j_ 2. claims for damages because of bodily injury, certificate of insurance has been issued (and .the occupational sickness or disease- or death of Seller's certificates of insurance furnished by the Sellerpursuant 1 employees: to Paragraph 4.02.E will so provide): 3 claims for damages because _of bodily iniurv- 6 remain in effect at least until final payment and at sickness or disease or death of any person other than all times thereafter when Seller may be correcting Seller's employees• removing or replacing non -conforming Goods in accordance with Paragraphs 8.02 and 8.03: and 4 claims for damages insured by reasonably r available personal injury liability coverage which are 7 with respect to completed operations Insurance. sustained: (i) by any person as a result of an offense and any insurance coverage written on a claims -made directly or indirectly related to the employment of such basis- remain in effect for at least 2 years after final person by Seller. or (ii) by any other person for anv_other payment (and Seller shall furnish Buyer and each other additional insured identified herein to _ whom a reason• 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. L ons„ .and have been made by R. W. Beck on behalf ofl counsar and incnrance advisors in con junction with Buyer's legal 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 required by Paragraph 4.02.13 shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers' Compensation, and related coverages under Paragraphs 4.02.13.1 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 Ljability 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 Buyer- with copjes 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 nodbf Seller in writing within 10 days after receipt of the certificates required by Paragraph 4.02.E. Seller shall provide such additional information in respect to insurance as 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 stored, protected, assembled, used, connected, applied, cleaned and conditioned in accordance with the original manufacturer's instructions, except as otherwise may be provided in the Contract Documents. 5.03 Compliance with Laws and Regulations, Standards, Specifications and Codes A. Seller shall comply with all Laws and Regulations applicable to the furnishing of the Goods and Special Services. 5.04 Or Equals A. Whenever an item of material or equipment to be incorporated into the Goods is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier or manufacturer, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or equal" item is permitted, other items of material or equipment or material or equipment of other suppliers or manufacturers may be submitted to Buyer for Engineer's review. 1. If in Engineer's sole discretion, such an item of material or equipment proposed by Seller is functionally equal to that named and sufficiently similar so that no change in related work will be required, it may be con= sidered by Engineer as an "or equal" item. 2. For the purposes of this paragraph, a proposed item of material or equipment may be considered functionally equal to an item so named if: a. 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 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 00700-10 11 it 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 gat 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." ll D. Data: Seller shall provide all data in support of any such proposed "or equal" at Seller's expense. r 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 1 Special Services. All taxes are included in the Contract j 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 submittals 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. 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 confinned 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 annrnval as a verification or check of all such items in the submittal or of satisfactory and safe in tallation 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. J 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 Reck on behalf of Buyer in conjunction with Buyer'slegal rnnncel and insurance advisors �J 00700-11 E. Resubmittal Procedures 1. Seller shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit as required new Samples for review and approval. Seller shall direct specific attention in writing to any revisions other than the corrections called for by Engineer on previous submittals. 2. It is expected that only 1 resubmittal of any Shop Drawing or Sample will be required to satisfactorily revise the original submittal. Charges for extra work incurred by Buyer, including but not limited to work by Engineer to review more than 1 re -submittal may be deducted by Buyer from amounts payable to Seller. 5.07 Continuing Performance A. Seller shall adhere to the progress schedule established in accordance with Paragraph 2.06.A. and the Goods shall be delivered and the Special Services furnished within the Contract Times specified in the Agreement. B. Seller shall carry on the work and adhere to the progress schedule during all disputes or disagreements with Buyer. No work shall be delayed or postponed pending resolution of any disputes or disagreements. 5.08 Seller's Warranties and Guarantees A. Seller warrants and guarantees to Buyer that the title to the Goods conveyed shall be proper, its transfer rightful, and free from any security interest, lien, or other encumbrance. B. Seller warrants and guarantees to Buyer that all Goods and Special Services will conform with the Contract Documents, including any Samples approved by Engineer, and the Goods will be without defect. damage or malfunction and of merchantable quality. Engineer shall be entitled to rely on representation of Seller's warranty and guarantee. C. Seller's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, improper modification or improper maintenance or operation by persons other than Seller, or 2. normal wear and tear under normal usage. D. Seller's obligation to furnish the Goods and Special Services in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Goods or Special Services that are non- conforming, or a release of Seller's obligation to furnish the Goods and Special Services in accordance with the Contract Documents: 1. observations by Buyer or Engineer; 2. recommendation by Engineer or payment by Buyer of any progress or final payment; 3. use of the Goods by Buyer; 4. any acceptance by Buyer (subject to the provisions of Paragraph 8.02.D.1) or any failure to do so; 5. the issuance of a notice of acceptance by Buyer pursuant to the provisions of Article 8; 6. any inspection, test or approval by others; or 7. any correction of non -conforming Goods or Special Services by Buyer. E. Buyer shall within a reasonable time notify Seller of any breach of Seller's warranties or guarantees. If Buyer receives notice of a suit or claim as a result of such breach, Buyer also may give Seller notice in writing to defend such suit or claim. If Seller fails to defend such suit or claim, Seller will be bound in any subsequent suit or claim against Seller by Buyer by any factual determination in the prior suit. 5.09 lnden:nifacation A. To the fullest extent permitted by Laws and Regulations, Seller shall indemnify and hold harmless Buyer, Engineer, and their officers, directors, shareholders, partners, employees, agents, consultants, contractors and subcontractors from any and all claims, costs, losses, and demands or judgments for damages for claims (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or relating to a negligent, reckless or wrongful act or omission or the breach of any obligation under this Contract by Seller, or its officers, directors, shareholders, partners, employees, agents, consultants, contractors or subcontractors, or anyone for whom Seller is responsible, provided that any such claim, cost, loss, or damage; 1. is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Goods or Special Services EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Supplementary Conditions" and have been made by R. W. Reck on behalf of Ruver in conjunction with Buyer c ance advisors 00700-12 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 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, 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. ARTICLE 6 - SHIPPING AND DELIVERY 6.01 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 be racked transported and handled in accordance with manufacturer's instructions. 6.02 Delivery 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 Copyright 02000, National Society of Professional Engineers for EJCDC. All rights reserved. Mod0fications shown are considered "Supplementary Conditions" and have been made by R W Beck on hehalf of Buyer in co 'unction • ith Buyer's legal counsel and insurance advisors 00700-13 7.03 Changing Contract Price or Contract Times ARTICLE 8 - BUYER'S RIGHTS A. The Contract Price or Contract Times may only be changed by: 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 terrorism—and direction by government authority and other like matters. 8.01 Inspections and Testing A. General 1. Buyer shall have the right to perform, or cause to be performed, reasonable inspections and require reasonable tests of the Goods at Seller's facility, and at the Point of Destination. Seller shall allow Buyer a reasonable time to perform such inspections or tests. 2. Seller shall bear all expenses, except for travel, lodging and subsistence expenses of Buyer's representatives, for inspections and tests at Seller's facility, but Buyer shall be entitled to reimbursement fi•om 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 Conditions" and have been made by R W Reck 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. 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 8.01.13.1, 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 rt requirements as are specified, and are functioning as JI intended, Buyer or Engineer will make a final . inspection. 2. If, on the basis of the final inspection, the Goods are conforming, Buyer's notice thereof will constitute Buyer's acceptance of the Goods. 3. If, on the basis of the final inspection, the Goods are non -conforming, Buyer will identify the non- conformity in writing. 8.02 Non -Conforming Goods or Special Services A. If, on the basis of inspections and testing prior to delivery, the Goods appear to be non -conforming, or if at anytime after Buyer has acknowledged receipt of delivery and before the expiration of the correction period described in Paragraph 8.03, Buyer determines that the Goods are non- conforming, Seller shall promptly, without cost to Buyer and in response to written instructions from Buyer, either correct such non -conforming Goods, or, if rejected by Buyer, remove and replace the non -conforming Goods with conforming Goods, including all work required for reinstallation. detail the non -conforming aspect of the Goods. If Goods have been delivered to Buyer, Seller shall promptly, and within the Contract Times, remove and replace the rejected Goods. 2. Seller shall bear all costs, losses and damages attributable to the removal and replacement of the non- conforming Goods as provided in Paragraph 8.02.E. 3. Upon rejection of the Goods, Buyer retains a security interest in the Goods or to the extent of any payments made and expenses incurred in their testing and inspection. C. Remedying Non -Conforming Goods or Special Services 1. If Buyer elects to permit the Seller to modify the Goods to remove the non-conformance, Seller shall promptly provide a schedule for such modifications and shall make the Goods conforming within a reasonable time. 2. If Buyer notifies Seller in writing that any of the Special Services are non -conforming, Seller shall promptly provide conforming services acceptable to Buyer. If Seller fails to do so, Buyer may delete the Special Services and reduce the Contract Price a commensurate amount. D. Buyer's Acceptance of Non -Conforming Goods 1. Instead of requiring correction or removal and replacement of non -conforming Goods discovered either before or after final payment, Buyer may accept the non- conforming Goods. Seller shall bear all costs, losses, and damages attributable to Buyer's evaluation of and determination to accept such non -conforming Goods as provided in Paragraph 8.02.E. E. Seller shall pay all claims, costs, losses, and damages, including but not limited to all fees and charges for re -inspection, retesting and for any engineers, architects, attorneys and other professionals, and all court or arbitration 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. B. Buyer's Rejection of Non -Conforming Goods 1J 1. If Buyer elects to reject the Goods in whole or in part, Buyer's notice to Seller will describe in sufficient EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright 02000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications sbawn are considered "Supplementary Conditions" and have been made by R- W. Beek on behalf of Buyer in conjunction vdth Buyer'slegal counsel and insurance ad3dsm 00700-15 8.03 Correction Period A. Seller's responsibility for correcting all non - conformities in the Goods will extend for 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 Ditties 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 rninor deviations or variations in the Contract Documents by: 1) issuance of approved Shop Drawings when such change or deviation was duly noted by Seller as required in Paragraph 5.06.C.4, or 2) a Field Order. 9.04 Rejecting Non -Conforming Goods and Special Services . A. Engineer will have the authority to disapprove or reject Goods or Special Services which Engineer- believes to be non -conforming. 9.05 Decisions on Requirements of Contract Documents A. Engineer will be the initial interpreter of the Contract Documents and judge of the acceptability of the Goods and Special Services. Claims, disputes and other matters relating to the acceptability of the Goods and Special Services or the interpretation of the requirements of the Contract Documents pertaining to Seller's performance will be referred initially to Engineer in writing with a request for a formal decision in accordance with this paragraph. B. When functioning as interpreter and judge under this Paragraph 9.05, Engineer will not show partiality to Buyer or Seller and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by Engineer pursuant to this Paragraph 9.05 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in Paragraph 10.07) will be a condition precedent to any exercise by Buyer or Seller of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. 9.06 Claims and Disputes A. Notice: Written notice of each Claim, dispute or other matter relating to the acceptability of the Goods and Special Services or the interpretation of the requirements of the Contract Documents pertaining to Seller's performance shall be delivered by the claimant to Engineer and the other party to the Agreement within 15 days after the occurrence of the event giving rise thereto, and written supporting data will be submitted to Engineer and the other party within 45 days after such occurrence unless Engineer allows an additional period of time to ascertain more accurate data. B. Engineer's Decision: Engineer will render a decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. Engineer's written decision on such Claim, or dispute, or other matter will be final and binding upon Buyer and Seller- unless: 1. an appeal from Engineer's decision is made within the time limits and in accordance with the dispute resolution procedures set forth in Article 13.;—ef 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 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 Buver 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. 2 to inspect observe approve or verify compliance of any maintenance operation or safety practices or procedures related to furnishing the Goods°and Special Services. ' 3 to perform any construction operations at the Project site or provide construction site security with its personnel. 4 to order changes in the Goods or Special Services which will result in changes to Contract Price or Times. 5 to suspend all or any portion of Seller's operations. C� 6 to terminate all or any portion of the Agreement. 1 7 to make final acceptance of all or any portion of r 1 the Goods and Special Services. or 8 to operate or maintain any portion of the Goods. r I Ir 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. 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. In the latter case, Seller may make the necessary corrections and resubmit the Application. 1. Engineer's recommendation of payment requested in the first Application for Payment will constitute a representation by Engineer, based on Engineer's review of the Application for Payment and the accompanying data, that the Shop Drawings and Samples have been reviewed and approved as required by the Contract Documents and Seller is entitled to payment of the amount recommended; and 2. Engineer's recommendation of payment requested in the Application for Payment submitted upon Buyer's acknowledgment of receipt of the Goods will constitute a representation by Engineer, based on Engineer's review of the Application for Payment and the accompanying data Seller is entitled to payment of the amount recommended. Such recommendation will not constitute a representation that Engineer has made a final inspection of the Goods, that the Goods are free from non -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 02000, National Society of Professional Engineers for EJCDC. All rights reserved. Mod4fications shown are considered "Supplementary Conditions" and have been made by R W Reck on behalf f Buyer in couiunetion with Buyer's legal our usel aild insurance advisors 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 and Timing of Progress Payments A. Subject to Paragraph 10.02.A., the amounts of the progress payments will be as provided in the Agreement. Buyer shall within 30 days after receipt of each Application for Payment with Engineer's recommendation pay Seller the amount recommended; but, in the case of the Application for Payment upon Buyer's acknowledgment of receipt of the Goods, said 30 -day period may be extended for so long as is necessary (but in no event more than 60 days) for Buyer to examine the bill of sale and other documentation submitted therewith. Buyer shall notify Seller promptly of any deficiency in the documentation and shall not unreasonably withhold payment. 10.04 Suspension of or Reduction in Payment A. Buyer may suspend or reduce the amount of progress payments, even though recommended for payment by Engineer, under the following circumstances: 1. Buyer has reasonable grounds to conclude that Seller will not furnish the Goods or the Special Services in accordance with the Contract Documents, 2. Buyer has requested in writing assurances from Seller that the Goods or Special Services will be delivered or furnished in accordance with the Contract Documents, and Seller has failed to provide adequate assurances within 10 days of Buyer's written request. B. If Buyer refuses to make payment of the full amount recommended by Engineer, Buyer will provide Seller and Engineer immediate written notice stating the reason for such action and promptly pay Seller any amount remaining after deduction of the amount withheld. Buyer shall promptly pay Seller the amount withheld when Seller corrects the reason for such action to Buyer's satisfaction. 10.05 Final Application for Payment A. After Seller has corrected all non -conformities to the satisfaction of Buyer and Engineer, furnished all Special Services, and delivered all documents required by the Contract Documents, including those specified in Section 01200. Engineer will issue to Buyer and Seller a notice of acceptability. Seller may then make application for final payment following the procedure for progress payments. The final Application for Payment will be accompanied by all documentation called for in the Contract Documents, a list of all unsettled claims and such other data and information as Buyer or Engineer may reasonably require. 10.06 Final Payment A. If, on the basis of the review of the final Application for Payment and accompanying documentation, Engineer is. satisfied that the Goods and Special Services have been furnished in accordance with the Contract Documents, and that Seller's other obligations under the Contract Documents have been fulfilled, Engineer will, within 10 days after receipt of the final Application for. Payment, recommend in writing final payment subject to the provisions of Paragraph 10.07 and present the Application to Buyer. Otherwise, Engineer will return the Application to Seller, indicating the reasons for refusing to recommend final payment, in which case Seller shall make the . necessary corrections and resubmit the Application. If the Application and accompanying documentation are appropriate as to form and substance, Buyer shall, within 30 days after receipt thereof, pay Seller the amount recommended by Engineer. 10.07 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Buyer against Seller, except Claims arising from unsettled liens and Claims, from non -conformities in the Goods or Special Services appearing after final payment, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Seller's continuing obligations under- the Contract Documents; and 2. a waiver of all Claims by Seller against Buyer other than those previously made in accordance with the requirements herein and expressly noted in writing by Seller as still unsettled in its final Application for Payment. ARTICLE 11- CANCELLATION, SUSPENSION; AND TERMINATION 11.01 Cancellation A. Buyer has the right to cancel the Contract, without cause, at any time prior to delivery of the Goods by written notice. Cancellation pursuant to the terms of this paragraph shall not constitute a breach of contract by Buyer. Upon cancellation: 1. Buyer shall pay Seller for Goods, specially manufactured for the Project, plus any documented EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considerer) "Supplementary Conditions" and have been made by R W Beck on behalf of Buyer in conjunction .with Buyer's legal counsel and insurance advisors 00700-18 I r� reasonable direct and indirect costs incurred by Seller in producing such Goods not recovered by payment for the reasonable value of the Goods. r 2. For Goods which are not specially manufactured 1 for the Project, Seller shall be entitled to a restocking charge of 10 percent of the unpaid Contract Price of such ` Goods. �111.02 Suspension► of Performance by Buyer ►. A. Buyer has the right to suspend performance of the I 1 Contract, without cause, by written notice. Upon . J 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 Seller. i the Contract Documents, or c. wrongful repudiation of the Contract. 2. Seller shall have the right to terminate the Contract for cause by declaring a breach should Buyer 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 02000, National Society of Professional Engineers for EJCDC. All rights reserved. Modufleations shown are considered "Supplementary Conditions" and haye been made by R. W. Bee ( on behalf of Buye in conjunction with Buyer's ► an► rnnnw anal inenrAncP adV140YS 00700-19 11.03 Suspension of Performance by Seller ` A. Subject to the provisions of Paragraph 5.07.13, Seller may suspend the furnishing of the Goods and Special Services only under the following circumstance: 1. Seller has reasonable grounds to conclude that Buyer will not perform its future payment obligations F- under the Contract. ("Reasonable grounds" shall not include a pending dispute or disagreement with Buyer) and, r� 2. Seller has requested in writing .assurances from i Buyer that future payments will be made in accordance with the Contract, and Buyer has failed to provide such I" assurances within 10 days of Seller's written request. L 11.04 Breach and Termination l A. Biryer's Breach 1. Buyer shall be deemed in breach of the Contract if it fails to comply with any material provision of the i Contract Documents, including but not limited to: L a. wrongful rejection or revocation of Buyer's acceptance of the Goods, f b failure to make payments in accordance with i the Contract Documents, or c. wrongful repudiation of the Contract. 2. Seller shall have the right to terminate the Contract for cause by declaring a breach should Buyer 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 02000, National Society of Professional Engineers for EJCDC. All rights reserved. Modufleations shown are considered "Supplementary Conditions" and haye been made by R. W. Bee ( on behalf of Buye in conjunction with Buyer's ► an► rnnnw anal inenrAncP adV140YS 00700-19 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 12.01.A, Seller shall indemnify and hold harmless Buyer, Engineer and their officers, directors, partners, employees, agents, consultants, contractors, and subcontractors from and against all claims, costs, losses, damages; and judgments (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement or alleged infringement of any United States or foreign patent or copyright by any of the Goods delivered hereunder. B. In the event of suit or threat of suit for intellectual property infringement, Buyer will notify Seller within a reasonable time of receiving notice thereof. C. Upon written demand from Buyer, Seller shall be given the opportunity to defend the claim or suit, including negotiating a settlement. Seller shall have control over such claim or suit, provided that Seller agrees to bear all expenses and to satisfy any adverse judgment thereof. 1. If Seller fails to defend such suit or claim after written demand by Buyer, Seller will be bound in any subsequent suit or claim against Seller by Buyer by any factual determination in the prior suit or claim. 2. If Buyer fails to provide Seller the opportunity to defend such suit or claim after written demand by Seller, Buyer shall be barred from any remedy against Seller for such suit or claim. D. If a determination is made that Seller has infringed upon intellectual property rights of another, Seller may obtain the necessary licenses for Buyer's benefit, or replace the Goods and provide related design and construction as necessary to avoid the infringement at Seller's own expense. 12.03 Buyer's lnfringenient 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 infi•ingement would result). B. In the event of suit or threat of suit for intellectual property infringement, Seller must within a reasonable time after receiving notice thereof notify Buyer. C. Upon written demand from Seller, Buyer shall be given the opportunity to defend the claim or suit, including negotiating a settlement. Buyer shall have control over such claim or suit, provided that Buyer agrees to bear all expenses and to satisfy any adverse judgment thereof. 1. If Buyer fails to defend such suit or claim after written demand by Seller, Buyer will be bound in any subsequent suit or claim against Buyer by Seller by any factual determination in the prior suit or claim. 2. If Seller fails to provide Buyer the opportunity to defend such suit or claim after written demand by Buyer, Seller shall be barred from any remedy against Buyer for such suit or claim. . 12.04 Reuse of Documents A. Neither Seller nor any other person furnishing any of the Goods or Special Services under a direct or indirect contract with Seller shall: (1) acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media versions; or (2) reuse any of such Drawings, Specifications, other documents, or copies thereof on any other- project without written consent of Buyer and Engineer and specific written verification or adaptation by Engineer. This prohibition will survive termination or completion of the Contract. Nothing herein shall preclude Seller from retaining copies of the Contract Documents for record purposes. 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 00700-20 r ARTICLE 13 - DISPUTE RESOLUTION and any other agreement or consent to arbitrate entered into 1will be specifically enforceable under the prevailing law of 13.01 Dispute Resolution Method any court having jurisdiction. l A. Disputes between Buyer and Seller will be resolved B No Jernand for arbitration of any Claim or j Engineer's review and judgment t Ftl; in by i) EngineerF counterclaim dispute or other matter that is required to be 111 Supplementary Conditions. if no method and-pfeeedtt�- referred to Engineer initially for decision in accordance with h t forth, and subject to the provisions of Paragraphs Paragraph 9.05 will be made until the earlier of: (i) the date r� a oxer" on which Engineer has rendered a written decision. or (ii) 9.05 and 9_06, BuyeF Seller ma s suehrightsr r _�:__ they have under Conn-oihng " ii senior the 31st day after the parties have presented their final � b management mediation; iii) formal mediation: and iv evidence to Engineer if a written decision has not been arbitration as set forth below. rendered by Engineer before that date. Subject to _the j�. Provisions of Paragraph 13 02 A no demand for arbitration B. If an Engineer's decision is annealed in accordance of any such Claim or counterclaim dispute or other matter with Paragraph 9.06,the Buyer and Seller shall then attempt will be made later than 30 days after the date on which f to resolve the dispute directly. If the Buyer and Seller are Engineer has rendered a written decjsjon jn respect thereof unable to resolve such dispute within 15 days. unless such in accordance with Paragmph 9 06• and the failure to ` period is extended by agreement of both parties; the demand arbitration within sajd 30 day period will result in .time dispute shall be submitted to the senior management of the Engineer's decision being final and binding upon Buyer and both the Buyer and Seller for resolution. Seller. If Engineer renders a decision after arbitration proceedings have been initiated, such decision may be t 13.02 Mediation entered as evidence but will not supersede the arbitration proceedings except where the decision is acceptable to the (� A. If any dispute cannot be resolved by senior parties concerned. management after 15 days. Buyer and Seller agree that they shall submit any and all unsettled Claims or counterclaims C. Notice of the demand for arbitration will be fled in disputes or other matters in question between them arising writing with the other party to the Contract and with the 1 out of or relating to the Contract Documents or the breach selected arbitrator or arbitratjon provider, and a copy will be thereof to mediation by the American Arbitration sent to Engineer for information. The demand for arbitra- Association under the Construction Industry Mediation tion will be made within the 30 day period specified in I Rules prior toeither of them initiating against the other a Paragraph 13 03 B and in all other cases withina demand for arbitration pursuant to Paragraph 13.03, unless reasonable time after the Claim or counterclaim. dispute. or 1delay in initiating arbitration would irrevocably prejudice other- matter in question has arisen and in no event shall any one of the parties The 30 day time limit within which to such demand be made after the date when institution of legal r file a demand for arbitration as provided in Paragraphs or equitable proceedings based on such Claim or other and 13 03 C shall be suspended with respect to a dispute or matter in question would be barred by the _13.033 dispute submitted to mediation within that time limit and applicable statue of limitations. shall remain suspended until 10 days after the termination of the mediation as determined by the mediator in writing. The D No arbitration arising out of or relating to the 1 mediator of any dispute submitted to mediation under this Contract Documents shall include by consolidual rotnder. agreement shall not serve as arbitrator of such dispute unless or in any other manner any other individual or entity otherwise agreed. (including Engineer, and Engineer's consultants and the r officers, directors, partners, agents. emplo_ yees or iL .13.03 Arbitration consultants of any of them) who is not a party to this Contract unless: A All Claims or counterclaims. djWtes. or other ( matters in question between Buyer and Seller arising out of 1 the inclusion of such other individual or entity is or relating to the Contract Documents or the breach thereof necessary if complete relief is to be afforded among (except for Claims which have been waived by the making those who are already parties to the arbitration; and or acceptance of final payment as provided by Paragraph 10.07) not resolved under the provisions of Paragraph 13.02 2 such other individual or entity is substantially will be decided by binding arbitration in accordance with involved in a question of law or fact which is common to the Construction Industry Arbitration Rules of the American those who are already parties to the arbitration and Arbitration Association subject to the conditions and which will arise in such proceedings. limitations of this Paragraph This agreement to arbitrate 1 EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright 02000, National Society of Professional Engineers for EJCDC. All rights reserved. ModLLLJJJ ficationsownareconsasConditions"ary and have been made by R_ W. Beek on behalf of B uYer in conjunction with Buyer'slegal counsel incl insurang advisors r t oo7ou-21 J E. The award rendered by the arbitrator shall be in writing and include: (i) a concise breakdown of the -award- (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award. F. The award will be consistent with the agreement of the parties and final. Judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. 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 any 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 of the applieabler 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 02000, National Society of Professional Engineers for EJCDC. All rights reserved. Modifications shown are considered "Supplementary Condidons" and have a 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-P3 Structures and Equipment Orchard Substation City of Ukiah NOTICE is hereby given that the Contract Documents are modified as follows. Changes on replacement pages are identified by bold italic text for additions and str-ikeeu for deletion. Delete the following Pages: Add the following Pates: 00010-1 00010-1(1) 00410-4 00410-4(1) 00445-1 00445-1(1) 00900-1 Delete the following Drawings: N/A Issued by: R. W. BECK, INC. -P Q'L� Kc� P. Anthony Hanson, P.E. Senior Project Manager Issue Date: February 1, 2010 Add the following Drawings: N/A PROJECT NO. 01236-P3/ISSUED FOR BID 00900-1 ADDENDUM NO. I (THIS. PAGE WTOMONALLY LEFT DLANKI .1 - SECTION 01110 SUMMARY OF WORK PART 1 GENERAL A. Description of Goods and Special Services ` B. Point of Delivery and Unloading 1.02 GOODS AND SPECIAL SERVICES A. Design, manufacture, test, and deliver F.O.B. to Buyer's site the following Goods for the Orchard Substation: 1. Steel substation structures 2. Anchor bolts, nuts and flat washers for all steel structures provided and for circuit breakers 3. Rigid and flexible aluminum and. flexible copper conductor, connectors, and hardware 4. Insulators, switches, and related hardware 5. Phase tags, switch and equipment identifications tags, and substation warning signs with mounting hardware 6. Gang -operated air break switches, and switch operator platforms 7. Instrument Transformers 8. Security Lights B. Provide manufacturers' data, Shop Drawings, and Goods documentation. C. Provide warranties on Goods. 1.03 POINT OF DELIVERY AND UNLOADING A. The place where the Goods are to be delivered and unloaded is defined in the General Conditions as the Point of Destination, which is identified in the Agreement (Page 00520-1). B. Unloading of all equipment will be accomplished by Others. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED 1 END OF SECTION PROJECT NO. 01236-P3/ISSUED FOR 01110-1 SUMMARY OF WORK CONSTRUCTION [THIS. PAGE iN`I'E MONALi Y L'�� C BI-ANKI SECTION 01200 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A. Payment Procedures B. Change Procedures C. Correlation of Seller Submittals D. Attachments 1.02 PAYMENT PROCEDURES A. Submit 3 copies of each Applications for Payment in accordance with Article 7 of the Agreement based upon the Application for Payment form included at end of this Section. B. Seller may request 90% of total payment when equipment is accepted at the site. C. Seller may request remaining 10% of total payment after equipment has, been inspected and documentation received. D. Submit data justifying dollar amounts in question when Engineer requires substantiating information. ' 1.03 CHANGE PROCEDURES A. Engineer may advise of minor deviations, variations, or changes in the Contract Documents not involving an adjustment to Contract Price or Contract Time by approval of changes or deviations in Shop Drawings and by Field Order in accordance with Paragraph 9.03 of the General Conditions. B. Buyer or Engineer may change the Contract Documents as authorized by General Conditions by issuing a detailed description of a proposed change with supplementary or revised Drawings and Specifications. Seller shall respond in accordance with paragraph 7.01 B. of the General Conditions. C. Seller may propose a change by submitting request for change to Engineer and describe the proposed change and its full effect on the Goods and Special Services in accordance with paragraph 5.06 CA. (Shop Drawings) and Article 7 of the General Conditions. Describe the reason for the proposed change and the effect on the Contract Price and Contract Time with full documentation (and a statement describing the effect on Goods and Special Services by separate or other PROJECT NO. 01236-P3/ISSUED FOR 01200-1 PRICE AND PAYMENT PROCEDURES CONSTRUCTION contractors). "Or Equals" shall be considered in accordance with Paragraph 5.04 of the General Conditions. D. Change Orders shall be prepared in accordance with Article 7 of the General Conditions based on the Change Order form included at end of this Section. 1.04 CORRELATION OF SELLER SUBMITTALS A. Promptly revise progress schedules to reflect any change in Contract Time and revise sub -schedules to adjust time for other items of the Goods and Special Services affected by the change. B. Promptly enter changes in Project Record Documents. 1.05 ATTACHMENTS A. Application for Payment B. Change Order Form PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION PROJECT NO. 01236-P3/ISSUED FOR 01200-2 PRICE AND PAYMENT PROCEDURES CONSTRUCTION 0 Z o 0 0 CD CD Eco o S 0 a L U O o E» r» bs va E» v� e» cfl ds m 0 m O cEo LL. o z L a o O o 0 Q- �O 0 a`) 0 �_ 0 @ m ca 76 C Y ._. 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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) ACCEPTED: By: Seller (Authorized Signature) Date: Date: Date: Approved by Funding Agency (if applicable): Date: 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 1 GENERAL 1.01 SECTION INCLUDES A. Submittal procedures B. Shop drawings and samples C. Manufacturer installation instructions D. Manufacturer certificates E. Project record documents 1.02 SUBMITTAL PROCEDURES A. Attach a copy of the Transmittal Form, which is included at the end of this Section or available on request, to each group of documents submitted, using a sufficient number of transmittal forms so that: 1. Items on a single transmittal form pertain to the same section of the Contract Documents; and 2. Items on a single transmittal form are either original submittals or the same number resubmittal. B. Schedule submittals to expedite furnishing the Goods and Special. Services. Deliver each submittal to Engineer with copy to Buyer at following addresses. Coordinate submission of related items. 1. Address correspondence to Engineer as follows: R.W. Beck, Inc. 131 Saundersville Road, Suite 300 Hendersonville, TN 37075 Attention: P. Anthony Hanson, P.E., Project Manager Procurement Contract No. 01236-P3 2. Address correspondence to Buyer as follows: CITY OF UKIAH 411 West Clay Street Ukiah, CA 95482 Attention: Ms. Mary Horger Procurement Contract No. 01236-P3 PROJECT NO. 01236-P3/ISSUED FOR 01330-1 CONSTRUCTION SUBMITTAL PROCEDURES C. Present submittals in a clear and thorough manner and use sheet size of not less than 81/2" x I V 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 Conditions.. B. Submission of any Shop Drawing or sample bearing Seller's approval shall constitute a representation to Buyer and Engineer that the requirements of paragraph 5.06.C. the General Conditions has been fulfilled. C. Submit the following quantities: • Shop drawings - One electronic copy and three 11" x 17" paper copies including pre-printed manufacturers' data, brochures, suppliers' information, testing reports, certifications, and manufacturer's ' instructions, and manufacturer's installation instructions to Engineer, and one 11" x 17" paper copy including pre-printed manufacturers' data, brochures, suppliers' information, testing reports, certifications, and manufacturer's instructions, and manufacturer's installation instructions to Buyer. • Samples - Two of each item required for evaluation. D. Identify variations from Contract Documents in accordance with paragraph 5.06 CA. of the General Conditions. Identify material and equipment or system limitations that may be detrimental to successful performance of the completed Goods and identify reasons therefore. PROJECT NO. 01236-P3/ISSUED FOR 01330-2 SUBMITTAL PROCEDURES CONSTRUCTION E. Engineer will complete review in accordance with paragraph 5.06 of the General Conditions and will return reviewed submittal items to Seller with one of the following markings: "Approved" indicates submittal has been reviewed and appears to be in conformance with requirements of the Contract Documents. Proceed as j shown on the submittal. "Make Corrections Noted" indicates submittal appears to be in conformance with requirements of the Contract Documents. Incorporate the corrections noted and proceed as shown on the submittal. No resubmittal is required. "Amend Resubmit" indicates submittal does not appear to be in conformance with the Contract Documents. Engineer's comments will be noted on the submittal or in a separate letter. Re -check, make necessary revisions and resubmit. "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 1 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 rl 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. 1 B. Certificates may be recent or previous test results on material or equipment, but must be acceptable to Engineer. ,l l PROJECT NO. 01236-P3/ISSUED FOR 01330-3 SUBMITTAL PROCEDURES I CONSTRUCTION 1.06 PROJECT RECORD DOCUMENTS A. Submit full set of record documents to Engineer with claim for final Application for Payment. Coordinate with closeout procedures in accordance with Section 01770. B. Maintain one set of the following record documents; record actual revisions to the i Goods. 1. Drawings 2. Specifications 3. Addenda 4. Changes to the Contract Documents r 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 i 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-P3/ISSUED FOR 01330-4 SUBMITTAL PROCEDURES CONSTRUCTION F. As -Built Drawings: Submit three sets of 11"x17" As -Built Drawings to the Engineer upon completion. In addition, submit electronic copies of the As -Built drawings in AutoCAD version 2008 or compatible format via email to the Engineer. Engineer's email address is: ahanson@rwbeck.com. G. As-Builts incorporating Field Changes: After the equipment has been placed into satisfactory operation, the Seller shall revise all drawings to reflect field changes, if any, made to the equipment. The Buyer will provide this information to the Seller. Submit to the Buyer and Engineer necessary copies of revised drawings for the Operations and Maintenance Manuals. H. Operation, Maintenance and Installation Manual(s) 1. Submit data on 8'/z" by 11" text pages, bound in three slant D ring binders with durable plastic covers. 2. Prepare binder cover with printed title "OPERATION, MAINTENANCE AND INSTALLATION MANUAL", title of project, and subject matter of binder when multiple binders are required. 3. Internally subdivide the binder contents with permanent page dividers, logically organized as described below; with tab titling clearly printed under reinforced laminated plastic tabs. 4. Prepare a Table of Contents for each volume, with material, equipment, or system description identified,. typed on white paper, in three parts as follows: Part 1: Directory, listing names, addresses, and telephone numbers of Engineer, Seller, Subcontractors, and major component suppliers. Part 2: Operation, maintenance, and installation instructions, ` arranged by Bid item and subdivided by specification section. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Identify the following: • Significant design criteria • List of equipment • Parts list for each component • Operating instructions • Maintenance instructions • Maintenance instructions for special finishes, including recommended cleaning methods and materials, and special precautions identifying detrimental agents • Installation instructions • Material Safety Data Sheets Part 3: Project documents and certificates, including the following: PROJECT NO. 01236-P3/ISSUED FOR 01330-5 SUBMITTAL PROCEDURES CONSTRUCTION • Shop drawings, material and equipment data, manufacturer prepared technical literature • Certified factory test results • Photocopies of warranties 5. Submit one draft copy of completed volumes 15 days prior to final inspection. This copy will be reviewed and returned after final inspection, with Engineer comments. Revise content of all document sets as required prior to final submission. 6. Submit two sets of revised final volumes within 14 days after final inspection. G. Warranties 1. Furnish duplicate notarized copies of warranty documents that are executed and transferable from subcontractors, suppliers, and manufacturers. 2. Submit prior to final Application for Payment. 1.07 ATTACHMENTS A. Transmittal Form RWB465C PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION l PROJECT NO. 01236-P3/ISSUED FOR 01330-6 SUBMITTAL PROCEDURES i CONSTRUCTION 4-4 o. W � k � ƒ 07 � E $ /a c . ƒ \ } P: \/ w \ < \ k ^ . \ Of R z ~ 2 W i * . 8 / / ( \/ \ \ / _\\E I \( 2) --T �o <� \ a G @ 6< ( ; 3 § i 2 \ ) \ / / . \ \ / / ` \ ❑ ❑ . . � m R < : co / \ \ \\ 2 \ _ Cl)U) / � / g m \\ _-% / Sd f{} Q \ \ \ El ❑ 1:1 E 8a E k e ( 7 ±bo - e \ \/ D / )\ b - a e f & ]o \:\/C=3 )Z u-«% - 0 \ ®(\§ X88 \ �. 5 j . . . ® 2 \ , m . _c0 \\\\ \\) \ > \ \})/ § /)§J § u \ 62 &{\) f j ( �kn k§f\ \ \ 0_ ° L - - . � 4 0- cL . u /) j \ \ �� ® \y U- \) 6 � . [THIS. PAGE iNTEti'I'IONALLY LEF C BLANKI SECTION 01400 QUALITY REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Seller Responsibilities B. Manufacturer's Field Services C. Source Quality Control Procedures D. Non -Conforming Goods E. Correction Period 1.02 SELLER RESPONSIBILITIES A. Meet the following criteria in connection with the Goods and Special Services. 1. Seller a. Experience in supply or manufacturing of equipment comparable to that required by the Contract Documents as a prime manufacturer, as a component manufacturer, or as an equipment supplier. 2. Manufacturer's field service engineers a. Trained field service personnel who are thoroughly familiar, in detail, with all of the Goods to be furnished, capable of directing any major or minor repair work which may be required on the Goods, and who have had experience in the repair of comparable equipment over a period of time. 1.03 MANUFACTURER'S FIELD SERVICES (OPTIONAL 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-P3/ISSUED FOR 01400-1 QUALITY REQUIREMENTS CONSTRUCTION B. Manufacturer's Field Service Engineer's General Responsibilities (under the supervision and direction of Buyer's construction contractor). 1. Perform services typically provided for the type of equipment purchased 2. Assist as required with field assembly and supervise field repairs before acceptance of the Goods. 3. Instruct operating personnel in proper use of the Goods. 4. Field Testing a. Furnish, set up and operate test equipment and facilities at no additional costtoBuyer. 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-P3/ISSUED FOR 01400-2 QUALITY REQUIREMENTS CONSTRUCTION system under test. Include test limits for acceptability applicable to each test on the certified test records. E. If required by Specifications, furnish certificates from an independent testing 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-P3/ISSUED FOR 01400-3 CONSTRUCTION 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. H. Protect the Goods after testing and checking to provide that subsequent testing of other equipment or systems does not disturb, damage, or otherwise interfere with functional capability of the Goods. I. Submit certified test reports which define tests, list results, and are signed by Seller's representative. Furnish copies of raw data collected during tests when requested by Engineer. 1.05 NON -CONFORMING GOODS A. If, on the basis of inspections and testing prior to delivery, the Goods appear to be non -conforming, or if at any time after the Buyer has acknowledged receipt of delivery and before the expiration of the correction period described in Paragraph 1.09, the Buyer determines that the Goods are non -conforming, Seller shall promptly, without cost to the Buyer and in response to written instructions from the Buyer, either correct such non -conforming Goods, or, if rejected by the Buyer, remove and replace the non -conforming Goods with conforming Goods, including all'work required for reinstallation. B. The Buyer's Rejection of Non -Conforming Goods 1. If the Buyer elects to reject the Goods in whole or in part, the Buyer's notice to.Seller will describe in sufficient detail the non -conforming aspect of the Goods. If Goods have been delivered to the Buyer, Seller shall promptly, and within the Contract Times, remove and replace the rejected Goods. 2. Seller shall bear all costs, losses and damages attributable to the removal and replacement of the non -conforming Goods. PROJECT NO. 01236-P3/ISSUED FOR 01400-4 QUALITY REQUIREMENTS CONSTRUCTION 3. Upon rejection of the Goods, the Buyer retains a security interest in the Goods or to the extent of any payments made and expenses incurred in their testing and inspection. C. Remedying Non -Conforming Goods 1. If the Buyer elects to permit the Seller to modify the Goods to remove the non-conformance, Seller shall promptly provide a schedule for such modifications and shall make the Goods conforming within a reasonable time. D. Buyer's Acceptance of Non -Conforming Goods 1. Instead of requiring correction or removal and replacement of non- conforming Goods discovered either before or after final payment, the Buyer may accept the non -conforming Goods. Seller shall bear all costs, losses, and damages attributable to the Buyer's evaluation of and determination to accept such non -conforming Goods. E. Seller shall pay all claims, costs, losses, and damages, including but not limited to all fees and charges for re -inspection, retesting and for any engineers, architects, attorneys and other professionals, and all court or arbitration or other dispute resolution costs arising out of or relating to the non -conforming Goods, including the correction or removal and replacement of the non -conforming Goods and the replacement of property of the Buyer and others destroyed by the correction or removal and replacement of the non -conforming Goods. 1.06 CORRECTION PERIOD A. Seller's responsibility for correcting all non -conformities in the Goods will extend for a period of one year after the earlier of the date on which the Buyer has placed the Goods in continuous service or the date of final payment, or for such longer period of time as may be prescribed by Laws or Regulations or by the terms of any specific provisions of the Contract Documents. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION PROJECT NO. 01236-P3/ISSUED FOR 01400-5 QUALITY REQUIREMENTS CONSTRUCTION [THIS. PAGE INT'aMONA.LLY L:EYr BLANK] SECTION 01650 PRODUCT DELIVERY REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Shipping B. Transportation and handling PART 2 PRODUCTS — NOT USED PART 3 EXECUTION 3.01 SHIPPING A. Ship Products (which shall mean the Goods as defined in the General Conditions) only after receiving written acknowledgment by 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. 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-P3/ISSUED FOR 01650-1 PRODUCT DELIVERY REQUIREMENTS CONSTRUCTION [THIS. PAGE INT151MONAL-LY LEF BLANKI SECTION 01770 CLOSEOUT PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A. Closeout Procedures B. Project Record Documents 1.02 PROJECT DOCUMENTATION A. Submit in accordance with Section 01330. 1.03 CLOSEOUT PROCEDURES A. Request 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-P3/ISSUED FOR 01770-1 CONTRACT CLOSEOUT CONSTRUCTION (TRIS . PAGE MTENTIONALLY LEFT BLANKI SECTION 05120 STRUCTURAL STEEL PART 1 GENERAL 1.01 SECTION INCLUDES A. Steel substation structures, miscellaneous steel components, anchor bolts, nuts, and washers 1.02 DESIGN AND PERFORMANCE REQUIREMENTS A. Design structural steel to support equipment and bus insulators supplied in accordance with Contract Drawings. B. Environmental Requirements: 1. Keraunic level: 5 thunderstorm - days/year 2. Seismic: ASCE 7-05; Site Class D, Importance factor 1.5, Classification IV (Essential Structure), SS 2.039g, Sq=0.967g, Fa 1.0, F,=1.5 3. Wind: ASCE 7-05; Basic Wind Speed of 80 MPH with an Importance Factor of 1.15 and an Exposure Category "C" 4. Combined ice and wind loading district: NESC Light 5. Elevation above sea level: less than 600 feet - National Geodetic Vertical Datum C. Deflection Limitations: 1. NEMA SG -6, Part 36, except that differential deflections between structures (as projected to the bus level) to be compatible with bus fittings furnished under Section 16300. D. Design structural steel to withstand short circuit forces as calculated by Formula IV -1 in RUS Bulletin 65-1 with a short circuit reduction factor of 1.0 (no reduction). The three-phase symmetrical short circuit currents to be used in this Formula are as follows: 1. 115 -kV Bus: 4,204 amps 2. 12 -kV Bus: 14,916 amps PROJECT NO. 01236-P3/ISSUED FOR 05120-1 STRUCTURAL STEEL CONSTRUCTION E. Design Allowables: AISC Specifications 1.03 QUALIFICATIONS A. Fabricator: Company specializing in performing the work of this Section with minimum 5 years documented experience. B. Design structures and their connections under direct supervision of a Professional Structural Engineer experienced in design.of this work and licensed in the State of California. 1.04 SUBMITTALS A. Submit the following in accordance with provisions of Section 01330, Submittals. 1. Shop Drawings: a. Indicate sizes, dimensions, and locations of structural members. b. Include details of bolted connections. C. Indicate welded connections with AWS A2.0 welding symbols and net weld lengths. d. Plan and section drawings e. Steel details f. Erection details g. Anchor bolt plan and detail drawings h. Identify rigid and slip bus connections. 2. Manufacturer's mill certificate certifying that steel meets or exceeds specified requirements. 3. Certified test reports including chemical analysis and physical tests. 4. Design Calculations: Complete, checked, and P.E. stamped calculations showing for each structure the design assumptions and loading conditions. P.E. to be registered in the State of California. For each loading condition, provide forces and moments, stresses, and deflections. If a loading condition is not considered controlling for the design of a particular structure, provide documented evidence to that effect. Calculations to be neat and well organized with a table of contents. 5. Foundation Load Tabulation: As part of the design calculations, tabulate the maximum loads the structures impose on the foundations in orthogonal PROJECT NO. 01236-P3/ISSUED FOR 05120-2 STRUCTURAL STEEL CONSTRUCTION directions oriented about the major axis of each structure. Tabulation to be on both a per bare plate and a per structure or per frame basis. Tabulation to include all loading conditions applicable to each structure unless it has been clearly shown in the design calculations that a particular loading condition will not control structure and foundation design. Clearly indicate foundation loads that include overload factors. PART 2 PRODUCTS 2.01 GENERAL MATERIAL REQUIREMENTS A. Structural Steel Members: ASTM A36 or A572, Grade 50. B. Structural Tubing: ASTM A500, or ASTM A501. C. Pipe: ASTM A53, Grade B. D. Bolts, Nuts, and Washers: ASTM A325 galvanized to ASTM Al 53. E. Locknuts: Type MF or Palnut, galvanized. F. Anchor Bolts: ASTM A307, galvanized on the projected portion of the bolt plus six inches minimum. G. Welding Materials: AWS D1.1; type required for materials being welded. H. Touch-up Primer for Galvanized Surfaces: Zinc rich type. 2.02 FABRICATION A. Manufacture all structural and miscellaneous steel to the dimensions required by Buyer or Engineer approved shop drawings. B. In accordance with the applicable portions of the AISC Code, the AISC Specification and AWS D1.1. C. Qualifications of welders and welding procedures and operations as prescribed in AWS D1.1. D. Ease all exposed edges by grinding, or other suitable means, to eliminate all sharp edges and corners prior to galvanizing. PART 3 EXECUTION 3.01 WELDING A. In accordance with AWS D1.1. B. Use shielded -arc welding process. PROJECT NO. 01236-P3/ISSUED FOR 05120-3 STRUCTURAL STEEL CONSTRUCTION C. Keep residual shrinkage stresses to a minimum. D. Stress relieving treatment not required. E. Use only welding process and, welding operators qualified in accordance with AWS Qualifications Procedure. F. No welding in the field will be permitted. 3.02 DETAILING AND FABRICATING A. In accordance with AISC: 1. Specification for the Design, Fabrication and Erection of Structural Steel for Buildings. 2. Code of Standard Practice. . 3. Specification for Structural Joints using ASTM A 325 or A 490 bolts. 3.03 MARKING A. Place erection mark on each member or shop assembly of members. B. Stamp '/2" letters or numerals into metal before galvanizing, or stamp with waterproof ink after galvanizing. 3.04 DRILLING A. All required holes for mounting equipment, grounding equipment bases, equipment bases, clamping ground wires from equipment to ground mat and mounting lighting fixtures, as required, shall be shop drilled before galvanizing. B. No drilling in the field will be permitted without written approval of the Engineer. C. Provide mounting facilities for all identification signs. D. Provide mounting facilities for all junction boxes and conduits for junction boxes. 3.05 CLEANING AND FINISHING A. After shop work is completed and accepted, remove all foreign substances including slag and spatter from welded areas. B. Galvanize all plates and shapes in accordance with ASTM A 123 and anchor bolts in accordance with ASTM A 153 after material is fully fabricated. C. Take precautions against embrittlement, waipage and distortion in accordance with ASTM A 143 and ASTM A 384. PROJECT NO. 01236-P3/ISSUED FOR 05120-4 STRUCTURAL STEEL CONSTRUCTION D. Prevent warping of members which cannot be dipped in one operation. E. Material with sharp bends or kinks will be rejected. F. After galvanizing, remove excess spelter from all holes. G. Reroll or press all plates and shapes warped during galvanizing. H. Redip or apply a coating of repair paint to material with defective galvanizing as directed by the Buyer or Engineer. I. When repair is authorized, wipe damaged area with clean rags saturated with mineral spirits or xylene followed with hand wire brushing. Reclean with solvent and apply one heavy brush coat of zinc rich galvanizing repair paint. J. All material with defective galvanizing after being dipped twice will be rejected. K. Furnish two gallons of zinc rich paint for field touch-up and repair of galvanized surfaces. 3.06 INSPECTING AND TESTING A. Inspection and tests of materials by the Buyer at the mill will be waived. B. Upon request, the Seller shall furnish the Buyer sample coupons for independent testing by a laboratory approved by ASTM. The Buyer may witness taking of samples. C. Defective materials: 1. Replace as required by the Buyer or Engineer 2. Correct in the field as required by the Buyer or Engineer. D. The Seller shall bear all costs of all chemical analyses, physical tests and furnishing of all certified reports. E. Acceptance of materials or waiving of inspection does not relieve the Seller of its responsibility. 3.07 HANDLING AND TRANSPORTING A. Hold shipment until certified reports of tests and analyses have been reviewed by Buyer or Engineer. B. Avoid bending or damaging material. C. Segregate all bolts, nuts and small pieces according to size, and pack in separate wooden boxes or kegs. Bundle all other pieces. PROJECT NO. 01236-P3/ISSUED FOR 05120-5 STRUCTURAL STEEL CONSTRUCTION D. Bent pieces will be accepted only if they can be straightened without damage to the galvanizing or if the Buyer or its representative determines they can be repaired in the field in accordance with these Specifications. Bent or collapsed tubular steel sections will not be accepted. E. Properly block material to prevent distortion during transit. F. All pieces returned to the fabricator for repair and redipping shall be at the expense of the Seller. END OF SECTION PROJECT NO. 01236-P3/ISSUED FOR 05120-6 STRUCTURAL STEEL CONSTRUCTION SECTION 10430 SIGNS PART 1 GENERAL 1.01 SECTION INCLUDES A. Phase Identification Signs B. Substation Warning and Safety Signs C. Equipment Identification Signs PART 2 PRODUCTS 2.01 PHASE IDENTIFICATION SIGNS A. Furnish and install signs of porcelainized enamel, 5 by 5 inches size with 4 inch high letters: 1. Red background, white letter "A" 2. White background, black letter "B" 3. Blue background, white letter "C" B. Furnish signs as manufactured by Seton Name Plate Corporation. C. Provide mounting holes in each corner of galvanized enamel signs and fit holes with brass or' cadmium -plated zinc eyelets with '/-inch ID holes. D. Provide mounting facilities on steel for Phase ID tags. E. Provide a minimum of 16 sets. 2.02 SUBSTATION WARNING AND SAFETY SIGNS A. Provide substation warning and safety signs according to Drawing No. E -STD -1220, included in the Appendix. B. Provide signs for all gates and at 40 -feet intervals on fence. 2.03 EQUIPMENT IDENTIFICATION SIGNS A. Tags fabricated from'/ -inch aluminum: 1. Numbers shall be embossed black on yellow background PROJECT NO. 01236-P3/ISSUED FOR 10430-1 SIGNS CONSTRUCTION 2. Top coat with a durable clear enamel 3. Numbers to be approximately 3 -inches tall 4. Blank tags to be used for space 5. Equipment to be identified with signs: a. Circuit breakers —All 115 -kV b. Switches —All 115 -kV and 12 -kV C. Transformers d. Junction Boxes B. Tag holders fabricated from '/-inch aluminum: 1. Provide positive holding of tags 2. Designed for vertical mounting of tags 3. Provide mounting holes in holder 4. Six tags per holder C. Inscription: As shown on the Contract Drawings D. Provide mounting facilities on steel for Switch ID tags. E. Manufacturer: Almetek Industries, Inc. "EZ Tag Holders" Series TR -3 tags and PH Series holders PART 3 EXECUTION - NOT USED END OF SECTION PROJECT NO. 01236-P3/ISSUED FOR 10430-2 SIGNS CONSTRUCTION SECTION 16300 SUBSTATION EQUIPMENT PART 1 GENERAL 1.01 SECTION INCLUDES A. Bus and Conductor B. Surge Arresters C. Bus Insulators D. Group -Operated Air Break Switches E. Switch Operator Platforms F. Hardware G. Voltage Transformers 1.02 DESIGN AND PERFORMANCE REQUIREMENTS A. Voltage Transformer Seismic Qualification: Per IEEE 693-2005 1. The equipment shall be.qualified to high seismic qualification. 2. Equipment shall be designed so there will be neither structural damage nor loss of function immediately after an earthquake when subject to design seismic loads accruing simultaneously with dead and normal operation loads. 3. The equipment shall be qualified by static analysis. 4. Static analysis shall be per IEEE 693-2005, A.1.3.2 Static Analysis. a. A static coefficient of 1.0 shall be used b. The acceleration response of the equipment shall be determined using the maximum peak of the required response spectrum (RRS) at a damping value of 2%. Spectrum in IEEE 693-2005 Figure A.1 shall be used. C. The equipment will be installed on support at structures as indicated on Contract Drawings. d. Acceptance criteria shall be per IEEE 693-2005, A.2.1. 5. For components qualified by analysis, the report shall meet the requirements of IEEE 693-2005 A.6. PROJECT NO. 01236-P3/ISSUED FOR 16300-1 SUBSTATION EQUIPMENT CONSTRUCTION 6. A seismic identification plate shall be attached to the Equipment specified in IEEE 693-2005 A.B. B. Disconnect Switches Seismic Qualification: Per IEEE 693-2005 1. The equipment shall be qualified to high seismic qualification. 2. Equipment shall be designed so there will be neither structural damage nor loss of function immediately after an earthquake when subject to design seismic loads accruing simultaneously with dead and normal operation loads. 3. The equipment shall be qualified by static analysis. 4. Static analysis shall be per IEEE 693-2005, A.1.3.2 Static Analysis. a. A static coefficient of 1.0 shall be used b. The acceleration response of the equipment shall be determined using the maximum peak of the required response spectrum (RRS) at a damping value of 2%. Spectrum in IEEE 693-2005 Figure A.I shall be used. C. The equipment will be installed on a support at a height of 17'6" above the foundation d. Acceptance criteria shall be per IEEE 693-2005, A.2.1. 5. For components qualified by analysis, the report shall meet the requirements of IEEE 693-2005 A.6. C. Environmental Requirements: 1. Keraunic level: 2. Seismic: 3. Wind: 4. Combined ice and wind loading district: 5. Elevation above sea level 1.03 SUBMITTALS 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 A. Submit Shop Drawings for individual Goods in accordance with Section 01330. PROJECT NO. 01236-P3/ISSUED FOR 16300-2 SUBSTATION EQUIPMENT CONSTRUCTION PART 2 PRODUCTS 2.01 BUS AND CONDUCTOR A. Bus tubing: 1. Material: 6063-T6 aluminum alloy 2. Schedule: 40 3. Size: As shown on the Contract Drawings 4. Vibration dampening: Provide sufficient length to dampen adequately vibration of the rigid bus: a. 3 -inch IPS with continuous horizontal spans greater than 13 feet: 266.88 kcmil ACSR B. Conductor: As shown on the Contract Drawings C. Keep the number of splices to a minimum D. Bus fittings: 1. Welded connectors unless otherwise indicated on the Contract Drawings 2. Furnish bus end plugs for all open ends of bus tubing. E. Identify slip and rigid fit connections on the plan and section drawings. F. Handling and transporting: 1. Provide cardboard interlacing between each piece of bus. 2. Provide a protective covering such as a cardboard box around each shipping group to prevent damage to bus caused by lifting chains or straps. 2.02 SURGE ARRESTERS A. Station class, metal oxide, Ohio Brass Dynavar, 90 -kV duty cycle, 70 -kV MCOV for 115 -kV grounded wye system. B. Station class, metal oxide, Ohio Brass Dynavar, 12 -kV duty. cycle, 10 -kV MCOV for 12 -kV ground wye system. 2.03 BUS INSULATORS A. General 1. All insulators shall be porcelain, ANSI 70 Gray. PROJECT NO. 01236-P3/ISSUED FOR 16300-3 SUBSTATION EQUIPMENT CONSTRUCTION 2. Insulators shall be of the BIL (impulse withstand) levels for the corresponding nominal voltage as follows: Nominal System Voltage Insulator BIL (M Phase -to -Phase (kV) 12 110 115 550 B. Station Post Insulators: 1. Insulators shall be supplied. in standard, high, or ultra-high strength as required to exceed the strength requirement of bus/conductor, wind loads, ice load, and loads due to short circuit forces. 2.04 GROUP -OPERATED AIR BREAK SWITCHES A. General: 1. Type: 3 -pole, vertical break as shown on the contract drawings. 2. Test: Successfully.passed ice tests on a prototype model as outlined on ANSI "Test Code for High Voltage Air Switches." 3. After fabrication, hot -dip galvanize bases, operating mechanisms and other steel parts in accordance with ASTM A 123. Do not drill, cut or alter after galvanizing. 4. Switch terminal pads: NEMA 4 -hole tinned 5. Insulators: As specified for bus insulators 6. Arcing Horns: Quick Break arc interrupters, suitable for interrupting transformer magnetizing current unless otherwise specified. 7. Current carrying parts: Copper or aluminum with silver to silver current transfer points B. Ratings: 1. Nominal voltage 12 -kV: a. Maximum kV: 15.5 b. Continuous amperes: As shown on Contract Drawings C. Momentary amperes: As shown on Contract Drawings d. BIL: I10 -kV PROJECT NO. 01236-P3/ISSUED FOR 16300-4 SUBSTATION EQUIPMENT CONSTRUCTION l 2. Nominal voltage: 115 -kV 1 a. Maximum kV: 121 -kV b. Continuous amperes: As shown on Contract Drawings C. Momentary amperes: As shown on Contract Drawings d. BIL: 550 -kV C. Accessories: 1. Grounding strap and clamps for attachment to the vertical operating shaft; strap to be braided copper wire, tinned, at least 18 inches long with two 9/16 inch holes at one end for attachment to the station grounding system 2. Switch blade position indicator located near operator 3. Provision for padlocking in either OPEN or CLOSED position 4. Operator: As specified on Contract Drawings D. Shipping Requirements: 1. Switches shall be assembled, with insulators, and fully adjusted before shipment. 2.05 SWITCH OPERATOR PLATFORMS A. Provide grounding platforms for each switch operator location. B. Size: 4 -feet by 5 -feet C. Fabricate from bar grating D. Hot -dip galvanize after fabrication E. Provide provisions for connecting grounding strap 2.06 HARDWARE A. Furnish terminal connectors complete with bolts, nuts, lockwashers and washers for all station equipment as shown on the Contract Drawings. B. Furnish corrosion -resistant hardware. C. Non-ferrous hardware: 1. Silicon bronze for connecting copper to copper or copper to galvanized steel PROJECT NO. 01236-P3/ISSUED FOR 16300-5 SUBSTATION EQUIPMENT CONSTRUCTION 2. Aluminum alloy 2024-T4 anodized bolts and 6061-T6 nuts for connecting aluminum to aluminum or aluminum to galvanized steel 3. Stainless steel for connecting aluminum to copper D. Ferrous hardware: Hot -dipped galvanized, free of excess zinc; do not recut after galvanizing. 2.07 VOLTAGE TRANSFORMERS . A. 115 -kV Voltage Transformers: 1. Maximum Primary Voltage: 121 -kV 2. Accuracy: 0.3 WXYZ 3. Secondary Winding: Dual -tapped 4. Secondary Voltage: 67-115 Volts 5. Ratio: 600/1000:1 6. BIL: 550 -kV 7. Case and bushing to be composite material 8. Mounted in upright position 9. High voltage terminal: Tinned 4 -hole NEMA blade 10. Manufacturer: Ritz, type OTEF or approved equal 11. Oil sight gauge 12. 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