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HomeMy WebLinkAbout5054Contract Number: Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments : 5054 PUMPTECH, INC. Sewage Pump Station CE-1 Upgrade - Pumping Equipment Procurement Engineering LEG 12-1 8/2/2011 12/31/2011 1/1/2012 ' ' AGREEMENT , S CTION 00500 �� THIS AGREEMENT is dated the day of in the year 2011 � by and between City of Bremerton (hereinafter called OWNER and w�f��Iu�c,. � ' 1 ' � , 1 �� ' ' � �J � (hereinafter called 9ELLER) OWNER and SELLER, in consideration of the mutual covenants hereinafter set forth, agree as follows ARTICLE 1 WORK SELLER shall provide the goods and services (or WORK) as specified or mdicated in the OWNER's Contract Documents entitled Sewage Pump Station CE-1 Upgrade — Pumping Equipment Procurement ARTICLE 2 CONTRACT TIMES The work is split into three stages Substantial Completion for each stage shall be achieved in accordance with the following schedule Contract Tlmes — Item Delivery Schedule STAGE DESCRIPTION COMPLETION SCHEDULE OF ITEM 1 Shop drawing Approval within 30 calendar days of the review Notice to Proceed 2 Pumpmg ALL equipment delivered to the Bremerton Equipment VWVTP"* within 120 days of Notice to Delivery Proceed 3 Start-up, Testing, Completion within 21 days of pump and Final O&M installation by others Pumps shall be Delivery considered installed when discharge and suction pipmg has been connected and tested and pump base material has sufficiently cured The City wdl notify the Supplier in writing of the date when the pumps have been instalied ** Address of Bremerton VWVfP 1600 Oyster Bay Avenue S Bremerton, WA 98312 ' SEWAGE PUMP STATION CE-1 UPGRADE - PUMPING EQUIPMENT PROCUREMENT MAY 2011 i���-� (SELLER Initials) AGREEMENT 00500-1 � ARTICLE 3 LIQUIDATED DAMAGES OWNER and the SELLER recognize that time is of the essence of this Agreement and that the OWNER wdl suffer financial loss if the WORK is not completed within the time speafied in Article 2 herein, plus any extensions thereof allowed m accordance with Article 7 of the General Conditions and Supplementary Conditions They also recogniie the delays, expense, and difficulties mvolved in provmg in a legal proceeding the actual loss suffered by the OWNER if the WORK is not completed on time Accordingly, instead of requiring any such proof, the OWNER and the SELLER agree that as liqwdated damages for delay (but not as a penalty) the SELLER shall pay the OWNER $1000 for each day that expires after the times specified m Article 2 for pumping equipment delivery ARTICLE 4 CONTRACT PRICE OWNER shall pay SELLER for completion of the WORK in accordance with the Contract Documents in current funds the amount set forth in the Bid Forms (Section 00300) ARTICLE 5 PAYMENT PROCEDURES SELLER shall submit Applications for Payment in accordance with Article 10 of the General Conditions Applications for Payment shall be made in accordance with the following payment schedule and wdl be processed by ENGINEER as provided in the General Conditions PAYMENT SCHEDULE CONTRACT MILESTONE PERCENT OF TOTAL CONTRACT PRICE (CUMULATIVE) Approval of Shop Dra�nngs 10 percent Delivery of Goods to Point of Deshnation 80 percent CompleUon of Test�ng and Startup, Delivery of 100 percent Final 0&M Manuals, Trairnng, Record DraHnngs ARTICLE 6 CONTRACT DOCUMENTS The Contract Documents which compnse the entire agreement between OWNER and SELLER concernmg the WORK consist of this Agreement (Section 00500) and the following attachments to this Agreement • Notice Inviting Bids (Section 00030) • Instructions to Bidders (Section 00100) ,�/� (SELLER Initials) SEWAGE PUMP STATION CE-1 UPGRADE - PUMPING EQUIPMENT PROCUREMENT MAY 2011 AGREEMENT ' 00500-2 � ' � !J L ' � l� ' ' ' 1 ' ' ' � ' [_� • Bid Forms including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all required certificates and affidavits (Section 00300) • General Conditions (Section 00700) • Supplementary General Conditions (Section 00800) • Technical Specifications as listed in the Table of Contents • Drawings as listed m the List of Drawmgs • Addenda numbers to , mclusive • Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto There are no Contract Documents other than those listed m this Article 6 The Contract Documents may only be amended by Change Order as provided m Paragraph 3 04 of the General Conditions ' ARTICLE 7 INDEMNIFICATION The SELLER and OWNER acknowledge and agree that they have negotiated the followmg in accordance with the requirements of RCW 4 24 115 and the SELLER specifically waives his immunity under industnal msurance under Title 51 RCW The SELLER and OWNER acknowledge and agree to the requirements for indemnification in Section 00800 SC-5 09A The provisions of this article shall survive the termmation or expiration of this agreement � , ARTICLE 8 SUSPENSION OF WORK AND TERMINATION � `� _ The SELLER agrees to the right of the OWNER to suspend work or terminate this agreement as indicated m Article 11 of Section 00700 (Standard General Conditions) and Section 00800 (Supplementary Conditions) ARTICLE 9 ASSIGNMENT ' No assignment by a party hereto of any rights under or interests in the Contract Documents will be bindmg on another party hereto without the wntten consent of the party sought to be bound, and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restnction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibdity under the Contract Documents The OWNER, in its sole discretion, may refuse to allow the SELLER to assign any or all of its duties, rights and/or responsibdities under the Agreement, except with regards to an assignment of funds for security purposes In the case of an 1 SEWAGE PUMP STATION CE-1 UPGRADE - PUMPING EQUIPMENT PROCUREMENT MAY 2011 ,i� (SELLER Initials) AGREEMENT 00500-3 � assignment for secunty purposes the OWNER may condition its approval to the extent it deems necessary to assure that there wdl be adequate funds to complete the WORK and to pay a subcontractors and supphers I � OWNER and SELLER each bmds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives m respect of all covenants, agreements and obhgations contained m the'Contract Documents I IN WITNESS WHEREOF, OWNER and SELLER have caused this Agreement to be executed the day and year first above wntten �� u OWNER Citv of By i Attest ' � ' Ca.c� i E�� G�� ' L� �e✓� Address for giving notices 3 � l�7 � �i'��r�aav� G �{ � �l� � ll � � .I � :..� ,t ---- --�-� . ., . , _. ' - t �.., f t . �� � � 1 ' , , , , _ � _ ' Address for giving notices �� I�oZ.� �� �?J'� �---�2 /3�11�U�i � s, 1 License No ��{'�I��,�Q�, �� � ' � Agent for service of process � � �� SEWAGE PUMP STATION CE-1 UPGRADE - AGREEMENT PUMPING EQUIPMENT PROCUREMENT !' 00500-4 MAY 2011 � 1 CONTRACT DOCUMENTS t CITY OF BREMERTON Sewage Pump Stab ®n ®1 Upgrade ® Pumping Equipment Pr ®cure ent Project No. 5337 1 Bid Opening June 14, 2011 @ 1 00 P M City Clerk's Office, City Hall ' 345 Sixth Street Bremerton, WA 98337 ' Contact Person: Bill Davis, P E ' Public Works & Utilities Engineering Division 3027 Olympus Drive Bremerton, WA 98310 ' Tel (360) 473 -2312 FAX (360) 473 -5398 1 CERTIFICATE OF ENGINEER The technical material and data contained in these Specifications for the Sewage Pump Station CE -1 Upgrade — Pumping Equipment Procurement were prepared under the supervision and direction of the undersigned professional engineers licensed to practice as such, whose seals, are affixed below T. t O a074 "f�NAL t sees. *2 t �• 1 ° Ned Leve , P E ' Project anager City of Bremerton SEWAGE PUMP STATION CE -1 UPGRADE CERTIFICATE OF ENGINEER PUMPING EQUIPMENT PROCUREMENT 00010 -1 MAY 2011 City of Bremerton ' SEWAGE PUMP STATION CE -1 UPGRADE - PUMPING EQUIPMENT PROCUREMENT Table of Contents DIVISION 0 — BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00010 Certificate of Engineer 00020 Table of Contents 00030 Notice Inviting Bids 00100 Instruction to Bidders 00300 Bid Forms 00500 Agreement 00700 General Conditions 1 00800 Supplementary Conditions DIVISION 1 — GENERAL REQUIREMENTS t 01010 Summary of Work 01300 Submittal Requirements 01600 Product Delivery, Storage, and Handling 01650 Equipment Testing and Startup ' DIVISION 11 — EQUIPMENT 11060 Pumping Equipment Basic Requirements 11076 Pumping Equipment Dry-Pit Submersible Non -Clog Pumps TABLE OF CO SEWAGE PUMP STATION CE -1 UPGRADE - 00020 -S PUMPING EQUIPMENT PROCUREMENT MAY 2011 CITY OF BREMERTON, WASHINGTON ' NOTICE INVITING BIDS SECTION 00030 RECEIPT OF BIDS Sealed Bids will be received at the office of the City Clerk of the City of Bremerton, 1 located at 345 6"' Street, Bremerton, Washington 98337 until 1 00 p m Pacific Time as shown on the wall clock inside the City Clerk's office on June 14, 2011 for the project Sewage Pump Station CE -1 Upgrade — Pumping Equipment Procurement Bids received after the specified time and date will not be considered OPENING OF BIDS The bids will be publicly opened and read after 1 00 p m on June 14, 2011 in the office of the City Clerk at 345 6"' Street, Bremerton, Washington 98337 DESCRIPTION OF WORK Supply two (2) electric dry-pit submersible non -clog wastewater pumps, including motor, volute, discharge elbow, base, power cable(s) and accessories, in accordance with these ' specifications Perform start-up, testing, and other activities in accordance with procurement contract documents The pumps shall be installed by others. COMPLETION OF WORK The pumping equipment shall be delivered to the City of Bremerton 120 days ' following the Notice to Proceed PREVIEWING AND PURCHASING CONTRACT DOCUMENTS Contract Documents will be available free of charge through the City of Bremerton Engineering Division Please contact Kathy Kelleigh at (360) 473 -2323 to receive a copy of the contract documents, sent via mail A preview copy may be sent via e-mail Bid documents will be available beginning Wednesday, June 1, 2011 ' PROPOSALS All bid proposals must be made on the blank forms furnished in the Contract Documents Sealed envelopes containing bids shall be entitled Bid for Sewage Pump Station CE -1 Upgrade — Pumping Equipment Procurement. BID SECURITY Each bid shall be accompanied by a certified or cashier's check or Bid Bond payable to the City of Bremerton, in the amount of 5 percent of the Total Bid, including Washington State sales tax, identified at the time of submittal of the bid as a guarantee that the Bidder, if its Bid is accepted, will ' promptly execute the Contract A bid shall not be considered unless one of the forms of Bidder's security is enclosed with it BIDS TO REMAIN OPEN The Bidder shall guarantee the Total Bid Price for a period of 60 calendar days from the date of bid opening PROJECT COMMUNICATION All communications related to the project shall be directed to the City prior to opening of Bids ' Communication by phone/fax/e-mail Bill Davis ' Telephone (360) 473 -2312 Fax (360) 473 -5398 E -mail William davis(cD-ci bremerton wa us ' SEWAGE PUMP STATION CE -1 UPGRADE - NOTICE INVITING BIDS PUMPING EQUIPMENT PROCUREMENT 00030 -1 MAY 2011 NOTICE INVITING BIDS PAGE 2 of 2 , Communication by mall ' Department of Public Works and Utilities ATTN BIII Davis, P E Engineering Division 3027 Olympus Drive Bremerton, WA 98310 CITY'S RIGHTS RESERVED The City of Bremerton reserves the right to reject any and all bids on any or all schedules or alternates or to waive any informalities in the bidding and shall determine which bid or bidders is the most satisfactory and responsible bidder and shall be the sole fudge thereof No plea of mistake in the bid shall be available to the bidder for the recovery of his /her deposit or as a ' defense to any action based upon the neglect or refusal to execute a contract The City of Bremerton hereby notifies all bidders that it will affirmatively, ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full ' opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, religion, sexual orientation, or national origin in consideration for an award END OF SECTION SEWAGE PUMP STATION CE -1 UPGRADE - NOTICE INVITING BIDS PUMPING EQUIPMENT PROCUREMENT 00030 -2 MAY 2011 ' SECTION 00100 INSTRUCTIONS TO BIDDERS ' 1. Defined Terms 1 1 Terms used in these Instructions to Bidders, which are defined in Section 00700 — Procurement General Conditions, have the meanings assigned to them in the Procurement General ' Conditions 12 Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof 1 21 Bidder — One who submits a Bid directly to Buyer as distinct from a sub - Bidder, who submits a bid to a Bidder ' 123 Issuing Office — The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered 124 Successful Bidder — the lowest, responsible and responsive Bidder to whom Buyer (on the basis of Buyer's evaluation as hereinafter provided) makes an award 125 Installation Contractor — See Section 00800 126 Bidding Documents — The Advertisement or Invitation to Bid, Instructions to Bidders, Bid Security Form if any, the Bid Form with any supplements, and the proposed Procurement Contract 1 Documents (including all Addenda issued prior to receipt of bids) 13 For the purposes of the Bid, the following roles are defined Whenever one of the terms is used it shall convey the meaning of the other without alteration ' 1 31 The City of Bremerton, WA (City) shall act in the role of "Buyer" 132 The Pumping Equipment Supplier (PES) shall act in the role of "Seller" 133 The City of Bremerton shall act in the role of "Engineer' 2. Copies of Bidding Documents 21 See Section 00030, Invitation to Bidders for information regarding the availability of Bidding ' Documents 22 Complete sets of Bidding Documents must be used in preparing Bids, neither Buyer nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents 23 Buyer and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for furnishing Goods and Special Services and do not confer a license or grant for any other use SEWAGE PUMP STATION CE -1 UPGRADE - INSTRUCTIONS TO BIDDERS PUMPING EQUIPMENT PROCUREMENT 00100 -1 ' MAY 2011 3. Qualifications of BIDDERS 31 To demonstrate Bidder's qualifications to furnish Goods and Special Services, each Bidder must , be prepared to submit within 5 days after Bid Opening, upon Buyer's request, detailed written evidence, such as financial data, previous experience, references, present commitments, and other such data as may be called for below (or elsewhere in the Procurement Contract Documents) 4. Examination of Procurement Contract Documents and Site 41 It is the responsibility of each Bidder before submitting a Bid to 41 1 Examine thoroughly the Procurement Contract Documents and other related data identified in the Bidding Documents 41 2 Consider federal, state and local Laws and Regulations that may affect cost of furnishing the Goods and Special Services 41 3 Study and carefully correlate Bidder's knowledge and observations with the Procurement Contract Documents and such other related data 41 4 Promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies in or between the Procurement Contract Documents and such other related documents When conflicts, errors, ambiguities or discrepancies are discovered in or between Procurement Contract Documents and /or other related documents, and when said conflicts, etc, have not been resolved through the interpretations by Engineer as described in Paragraph 5 , Bidder shall include in the Bid the greater quantity or better quality of Goods and Services, or comply with the more stringent requirements resulting in a greater cost Such greater cost shall be included in the Bid 42 Before submitting Bid, each Bidder will be responsible to obtain such additional or supplementary examinations, investigations, tests, studies and data concerning conditions at or contiguous to the site or otherwise, which may affect cost of furnishing the Goods and Special Services which Bidder deems necessary to determine its Bid for performing and furnishing the Goods and Special Services in accordance with the time, price and other terms and conditions of the Procurement Contract Documents 43 The submission of a Bid will constitute an incontrovertible representation by Bidder (I) that Bidder ' has complied with every requirement of this Article 4, (li) that without exception the Bid is premised upon performing and furnishing the Goods and Special Services required by the Procurement Contract Documents, (III) that Bidder has given Engineer written notice of all ' conflicts, errors, ambiguities and discrepancies in the Procurement Contract Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and when said conflicts, etc, have not been resolved through the Interpretations by Engineer as described in Paragraph 5 , Bidder has included in the Bid the greater quantity or better quality of Goods and Special ' Services, or compliance with the more stringent requirement resulting in a greater cost, and (iv) that the Procurement Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Goods and Special ' Services SEWAGE PUMP STATION CE -1 UPGRADE - INSTRUCTIONS TO BIDDERS PUMPING EQUIPMENT PROCUREMENT 00100 -2 MAY 2011 ' 5. Interpretations and Addenda 51 All questions about the meaning or Intent of the Bidding Documents are to be directed to Engineer in writing Interpretations or clarifications considered necessary by Engineer in response to such questions will be Issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents Questions received less than ten (10) days prior to the date for opening of Bids may not be answered Only questions answered by formal written Addenda will be binding Oral and other Interpretations or clarifications will be without legal effect Address questions to City of Bremerton ATTN Bill Davis 3027 Olympus Drive Bremerton, WA 98310 52 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Buyer or Engineer S. Bid Security 61 Each Bid must be accompanied by Bid secunty made payable to Buyer in an amount of five (5) percent of Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond on form attached, Issued by a surety meeting the requirements of Article 4, paragraph 4 01 of the ' Procurement General Conditions 62 The Bid security of Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required contract security and certificates of Insurance and met the ' other conditions of the Notice of Award, whereupon the Bid security will be returned If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security and certificates of insurance within 15 days after the Notice of Award, Buyer may annul ' the Notice of Award and the Bid security of that Bidder will be forfeited The Bid security of other Bidders whom Buyer believes to have a reasonable chance of receiving the award may be retained by Buyer until the time period for award plus one day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned Bid security with Bids which are not competitive will be returned within seven (7) days after the Bid opening 7. Contract Times ' 71 The number of days within which, or the dates by which, the Goods and Special Services Is to be substantially completed and also completed and ready for final payment are set forth In the Procurement Agreement ' S. Liquidated Damages 8 1 Provisions for Ilqu►dated damages are set forth In the Procurement Agreement SEWAGE PUMP STATION CE -1 UPGRADE - INSTRUCTIONS TO BIDDERS PUMPING EQUIPMENT PROCUREMENT 00100 -3 1 MAY 2011 9. Substitute and "Or- Equal" Items 91 The Procurement Contract, if awarded, will be on the basis of materials and equipment described in the drawings or specified in the Specifications without consideration of possible substitute or "or- equal" Items Whenever it is Indicated in the drawings or specified in the Specifications that a "substitute" or "or- equal" Item of material or equipment may be furnished or used by Seller if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement The procedure for submission of any such application by Seller and consideration by Engineer is set forth in the Procurement General Conditions and may be supplemented in the General Requirements 10. Subcontractors, Suppliers, and Others (NOT USED) 11. Bid Form 11 1 The Bid form is Included with the Bidding Documents, additional copies may be obtained from Engineer 112 Blanks on the Bid form for each Procurement Agreement being bid must be completed by printing in black Ink or by typewriter 11 3 Bids by corporations must be executed in the corporate name by the president or a vice - president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary The corporate address and state of Incorporation must be shown below the signature 114 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature 115 All names must be typed or printed in black Ink below the signature 116 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid form) 11 7 The address and telephone number for communications regarding the Bid must be shown 118 Bidders shall carefully review the Agreement, the Procurement General Conditions, and Warranty sections of the Contract Documents Bidders "Standard Terms and Conditions of Sale" will not be accepted The Buyer will reject any Bid that has any exceptions to the Procurement Contract Documents or any request to modify the Procurement Contract Documents 119 The Bidder shall carefully review the provisions of the Pumping Equipment Warranty contained In ' Sections 11076 Subject to the requirements of Article 15, the Buyer may reject any Bid containing changes to the warranty provisions as a non - responsive Bid 11 10 Prices offered shall include all applicable taxes and duties , 11 11 Inaccurate or unjustifiable data shall be subject to disqualification which shall render the Bidder , unresponsive SEWAGE PUMP STATION CE -1 UPGRADE - INSTRUCTIONS TO BIDDERS PUMPING EQUIPMENT PROCUREMENT 00100 -4 MAY 2011 12. Submission of Bids ' 121 Bids shall be submitted on the prescribed Bid form, contained in the Bidding Documents, at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title Bid for Sewage Pump Station CE -1 — Pumping Equipment Procurement, and accompanied by the Bid security and other required documents If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it Provide one copy of the complete Bid including all items to be submitted with this Bid as indicated in ' Section 00300 13. Modification and Withdrawal of Bids 131 Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids ' 132 The appropriate document shall be in the form of a letter or FAX No other communication including telephonic or telegraphic will be accepted ' 133 FAX modification withdrawal must be confirmed by written communication from BIDDER to OWNER, sent by US mail, and must be received by OWNER not later than 48 HRS after the scheduled time for receiving Bids, and OWNER must be satisfied that the written confirmation was mailed prior to the time scheduled for receiving Bids 134 if BIDDER requests OWNER acknowledge BIDDER's request for modification or withdrawal, BIDDER shall do so in his request for modification or withdrawal, citing in the request the 1 BIDDER's name, FAX number, and the person to whose attention the FAX should be addressed OWNER will acknowledge receipt of the request for modification or withdrawal by sending to the BIDDER, via FAX, a copy of the BIDDER's request The copy will be signed by a representative of OWNER and will attest the time and date of receipt by OWNER If the BIDDER does not receive such acknowledgement, BIDDER must assume the request for withdrawal or revisions was not received ' 135 If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Buyer and promptly thereafter demonstrates to the reasonable satisfaction of Buyer that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned Thereafter, that Bidder will be disqualified from further bidding on the Goods and Special Services to be provided under the Procurement Contract Documents 14. Opening of Bids ' 141 Bids will be opened and (unless obviously non - responsive) read aloud publicly in the office of the City Clerk at 345 6th Street, Bremerton, Washington 98337 after 1 p m on May 31, 2011 ' 16. Bids to Remain Subject to Acceptance 151 All Bids will remain subject to acceptance for the time period specified for Notice of Award and ' execution and delivery of Agreement and required Contract security and certificate of insurance by Successful Bidder Buyer may, at Buyer's sole discretion, release any Bid and return the Bid security prior to that date 1 16. Award of Contract 161 The Buyer shall check all bids per the following provisions SEWAGE PUMP STATION CE -1 UPGRADE - INSTRUCTIONS TO BIDDERS PUMPING EQUIPMENT PROCUREMENT 00100 -5 MAY 2011 161 1 After opening and reading proposals, the Buyer will check them for the correctness of extensions of the prices per unit and the total price If a discrepancy exists between the price per unit and the extended amount of any bid Items, the price per unit will control The total of extensions, corrected where necessary, will be used by the Buyer for award purposes and to fix the amount of the contract bond 1612 The right is reserved by the Buyer to waive informalities in the bidding, accept a proposal of the lowest responsible Bidder, reject any or all bids, republish the call for bids, revise or cancel the work, or require the work to be done in another way if in the best interest of the Buyer 161 3 A Bidder who wishes to claim error after the bids have been publicly opened and read as required by RCW 47 28 090 shall promptly notify the Buyer that an error occurred The Bidder shall submit a notarized affidavit or declaration under penalty of perjury signed by the Bidder and accompanied by the work sheets used in the preparation of the bid, requesting relief from the responsibilities of award The affidavit or declaration shall describe the specific error(s) and certify that the work sheets are the ones used in preparing the bid 1614 The affidavit or declaration shall be submitted no later than 5 00 PM on the first business day t after bid opening or the claim will not be considered The Buyer will review the affidavit or declaration and the certified work sheets to determine the validity of the claimed error and if the error is of the kind for which the law allows relief from forfeiture of the bid deposit If the Buyer concurs in the claim of error and determines that the error if of the kind which allows relief from forfeiture, the Bidder will be relieved of responsibility and the bid deposit of the Bidder will be returned If the Buyer does not concur in the error or determines that the error is not the kind for which the law allows relief, the Buyer may award the contract and if the Bidder refuses to execute the contract, the Bidder's bid deposit shall be forfeited as required by RCW 47 28 100 161 5 A contract will not be awarded until the Buyer has identified to its full satisfaction, the lowest responsible Bidder on the basis of the price shown in the bid form as described in Section 00300 When a bid contains alternate Bid Items, or deductive or additive Bid Items, award will be made to the lowest responsible Bidder of the total bid, after substitution of the alternate(s) of the Buyer's choice The Buyer reserves the right, in its sole and absolute discretion, to reject any or all bids, to waiver any Irregularities in any bid, or to accept any bid for award of contract, which will best serve the interest of the Buyer 162 Any or all bids will be rejected if Buyer has reason to believe that collusion exists among the t Bidders 163 In evaluating Bids, Buyer will consider the qualifications of Bidders, as described elsewhere in ' these documents 164 Buyer may consider the qualifications and experience of Bidder, and other persons and ' organizations proposed for those portions of the Work as to which the identity of other persons and organizations must be submitted as provided in the Supplementary Conditions Buyer may also consider the maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award Consideration of non - monetary criteria as described in this section will only be conducted after scoring and ranking of the total Bid price as described In Section 00300 , 165 Buyer may conduct such investigations as Buyer deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work , in accordance with the Contract Documents to Buyer's satisfaction within the prescribed time SEWAGE PUMP STATION CE -1 UPGRADE - INSTRUCTIONS TO BIDDERS PUMPING EQUIPMENT PROCUREMENT 00100 -6 MAY 2011 , 166 If the contract is to be awarded, it will be awarded to lowest, responsive, responsible Bidder ' meeting the minimum qualifications established The lowest Bidder will be determined based on the lowest total Bid price as described in Section 00300 167 If the contract is to be awarded, Buyer will give Successful Bidder a Notice of Award within 45 days after the Bid opening unless mutually agreed by Buyer and Seller No other act of Buyer or others will constitute acceptance of a Bid 168 Irregular Bids 1681 A Bid will be considered irregular and will be rejected if a The Bid Proposal does not constitute a definite and unqualified offer to meet the material terms of the Bid Invitation b The Bidder does not submit evidence of minimum required qualifications, as applicable, .' c The Bidder does not submit all completed attachments as part of their Bid, as described in Section 00300 d The authorized bid form furnished by the Buyer is not used or is altered, e The completed bid form contains any unauthorized additions, deletions, alternate bids, or ' conditions, f The Bidder adds provisions reserving the right to reject or accept the award 1 g A price per unit cannot be determined from the bid proposal, h The bid form is not properly executed, i I The Bidder fails to submit or properly complete a subcontract list, if applicable 1682 A Bid may be considered irregular and may be rejected if a Any of the unit prices are excessively unbalanced (either above or below the amount of a reasonable bid) to the potential detriment of the Buyer b Receipt of addenda Is not acknowledged, c A member of a joint venture or partnership and the joint venture or partnership submit proposals for the same project (in such an instance, both Bids may be rejected), or d If proposal form entries are not made In ink 17. Contract Security 171 Article 4, Paragraph 41 of the Procurement General Conditions and the Procurement Supplementary Conditions set forth Buyer's requirements as to performance and payment Bonds When the Successful Bidder delivers the executed Procurement Agreement to Buyer, It must be accompanied by the required performance and payment Bonds, If applicable SEWAGE PUMP STATION CE -1 UPGRADE - INSTRUCTIONS TO BIDDERS PUMPING EQUIPMENT PROCUREMENT 00100 -7 1 MAY 2011 18. Signing of Agreement 181 When Buyer gives a Notice of Award to the Successful Bidder, it will be accompanied by the ' required number of unsigned counterparts of the Procurement Agreement Within 15 days thereafter Seller shall sign and deliver the required number of counterparts of the Agreement to Buyer with the required Bonds and certificates of insurance Within 10 days thereafter Buyer shall deliver one fully signed counterpart to Seller 19. Sales and Use Taxes 191 WAC 458 -20 -170, and its related rules, apply to this project The successful Bidder should contract the Washington State Department of Revenue for answers to questions in this area The contract price will not be adjusted due to a misunderstanding in tax liability The bidder shall not include Washington State sales tax in the individual bid items Sales tax shall be computed based on the total bid price and the Owner will reimburse the successful Bidder for sales tax 192 The successful Bidder, as a condition of receiving release of "In Lieu of Retention Bond" held under this Contract, will be required to provide to the Owner evidence that all taxes have been paid and reported in compliance with the Department of Revenue (RCW 60 28 050) 193 The amount of tax reported and paid by the successful Bidder to the Washington State Department of Revenue due to any an all payments made to the successful Bidder for Work performed under this Contract shall be coded to the City of Bremerton under tax code location 1801 Additionally, the successful Bidder shall require all Subcontractors performing work under this Contract to use tax code location 1801 in reporting tax to the Washington State Department of Revenue for the payments they receive from the successful Bidder 20. Pre -Bid Conference 201 A Pre -Bid conference will not be held END OF SECTION SEWAGE PUMP STATION CE -1 UPGRADE - INSTRUCTIONS TO BIDDERS ' PUMPING EQUIPMENT PROCUREMENT 00100 -8 MAY 2011 f� ' BID FORMS SECTION 00300 ACKNOWLEDGEMENT OF BID AND ADDENDA BID TO CITY OF BREMERTON (WASHINGTON) PUBLIC WORKS AND UTILITIES ENGINEERING DIVISION ' 1 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter Into an Agreement with the OWNER In the form included in the Contract Documents to perform the WORK as specified or Indicated in said Contract Documents entitled "Sewage Pump ' Station CE -1 Upgrade —Pumping Equipment Procurement" 2 Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and Instruction to Bidders, dealing with ' the disposition of Bid Security 3 This Bid will remain open for the period stated in the "Notice Inviting Bids" unless otherwise required by law Bidder will enter Into an Agreement within the time and in the ' manner required in the "Notice Inviting Bids" and the 'Instructions to Bidders," and will furnish the Insurance certificates and bonds required by the Contract Documents ' 4 Bidder has examined copies of all the Contract Documents including the following addenda (receipt of all of which is hereby acknowledged) Number No Addenda Date N/A Failure to acknowledge addenda shall render the bid non - responsive and shall be cause for its rejection ' 7 Bidder has familiarized itself with the nature and extent of the Contract Documents, WORK, site, locality where the WORK is to be performed, the legal requirements ' (federal, state and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress or performance of the WORK and has made such independent Investigations as Bidder deems necessary 1 t SEWAGE PUMP STATION CE -1 UPGRADE - BID FORMS ' PUMPING EQUIPMENT PROCUREMENT 00300 -1 MAY 2011 PRICING BASED ON ALTERNATE DESIGN CONDITION OF 2100 GPM 0 167' TDH ' 8 Bid Price Bidder will furnish Goods and perform the Special Services in accordance with the Procurement Contract for the following prices Lump Sum Bid Item — Two (2) dry-pit submersible pumps: Eighty Five Thousand Nine Dollars ' (In words) $ $85,00900 k (In figures) I' Estimated Sales Tax on Bid Item: Seven Thousand Six Hundred Fifty Four Dollars & Seventy Seven (In words) ' $ $7,65477 (In figures) ' TOTAL BID (Lump Sum Bid Item plus Estimated Sales Tax): ' Ninety Two Thousand Six Hundred Sixty Three Dollars & Seventy Seven Cents (In words) $ $92,66377 ' (In figures) To all the foregoing, and including all Bid Forms contained in this Bid, said Bidder further agrees ' to complete the WORK required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefore the Contract Price based on the Total Bid Price(s) named In the aforementioned Bid Forms Dated 6/13/2011 Bidder ?V 0 A'Pj" Imc- By i ture) Title j SEWAGE PUMP STATION CE -1 UPGRADE - BID FORMS ' PUMPING EQUIPMENT PROCUREMENT 00300 -2 MAY 2011 ' BID CERTIFICATE (if Corporation) STATE OF Washington ) SS COUNTY OF King ) ' I HEREBY CERTIFY that a meeting of the Board of Directors of the PumpTech, Inc a corporation existing under the laws of the State of Washington , held on May Twenty Sixth , 2011, the following resolution was duly passed and adopted ' "RESOLVED, that Doug Davidson , as President of the Corporation, be and is hereby authorized to execute the Bid dated Tune 13tf 2011, to the City of Bremerton by this corporation and that his execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation " ' I further certify that said resolution is now in full force and effect IN WITNESS WHEREOF, I bqve hereunto set my hand and affixed the official seal of the ' corporation this day of 2011 Secretary ' (SEAL) 1 SEWAGE PUMP STATION CE -1 UPGRADE - BID FORMS ' PUMPING EQUIPMENT PROCUREMENT 00300 -3 MAY 2011 1 010 BOND ' KNOW ALL MEN BY THESE PRESENTS, Pumptech, Inc. That as Principal, and Developers Surety & Insurance Company as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of ' I 52 of the total accompanying bid proposal dollars, (not less than 5 percent of the total amount of the Bid) ' for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents WHEREAS, said Principal has submitted a Bid to said OWNER to perform the WORK required under the ' bidding schedule(s) of the OWNER's Contract Documents entitled Sewage Pump Station CE4 Upgrade — Pumping Equipment Procurement. If the Principal is awarded the Bid and, within 10 calendar days after recelpt of the Contract Document t forms from the OWNER, fails to provide the OWNER with the duty executed Agreement; the duty executed Certificates of insurance, the duty executed Performance Bond and the duly executed Payment Bond, all as specified in the Contract Documents, then the Surety shall, without condition and within 30 calendar days from written demand from the OWNER, pay to the OWNER in U S funds, by certified or ' cashiers check, the full amount of this Bid Bond This Bond shall be Irrevocable for 90 days after the bid opening, as defined In the Contract Documents. The Surety stipulates and agrees that the obligation of said Surety shall in no way be Impaired or affected ' by an extension of the time within which the OWNER may accept such bid and Surety further waives notice of any such extension In the event suit is brought upon this bond by said OWNER and OWNER prevails, said Principal and Surety shall pay all costs Incurred by said OWNER in such suit, including attorney's fees and costs to be fixed by the court ' SIGNED AND SEALED, this 14th day of June 2011 eve lop era ure ty & indemnity Pumptech, Inc. Company _ SEAL )' (Principal) ) (Surety) (SEAL) BY By — (Signature) (Signature) Mary L. F re' Attorney in fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) Address of Surety to which all notices shall be sent ' 9750 3rd Ave NE 6305 Seattle, WA 98115 Address for Service of Process (must be a physical address) same as above ' SEWAGE PUMP STATION CE -1 UPGRADE - BID FORMS PUMPING EQUIPMENT PROCUREMENT 00300 -7 MAY2011 1 ' POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263.3300 ' KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ** *Kris Romberg, Dorothy Leslie, Nina G Johnson, Ronda Lansing, Mary Faure, Sofia Natalia Velasquez, ' Jointly or severally * ** as their true and lawful Attorney(s) In -Fact, to make, execute, deliver and acknowledge, for and on behalf of seid corporations, as sureties, bonds, undertakings and contracts of surety- ship gmng and granting unto said Aftomey(s) -fn -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of ' said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of sold Attorney(s) IwFac, pursuant to these presents, are hereby ratified and confirmed This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY ' AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008 RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby Is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, underteldrigs and contracts of suretyship, and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby Is, authorized to attest the execution of any such Power of Attorney, ' RESOLVED, FURTHER, that the signatures of such officers may be afPored to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimle signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached ' IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 4st, 2008 I,INt1111h By � iHO O MPANYp c+ Stephen T Pate, Senior Vice Presider 4 p1 �O O PPOg gr OCT F g a = = OCT 8 By $ 4 930 �a w 4987 0 Charles L Day, Assistant Secretary `fir' a y ' '�d0 !py[A�•'4a �R<IFOP�� State of California °Ik.,,,,,,,, +.• County of Orange ' On January 1 st. 2008 before me, Christopher J Roach. Notary Public Date Here Insert Name and Tttie of the Officer personally appeared Stephen T Pate and Charles L Day Name(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) [stare subscribed to the within Instrument and acknowledged to me that halshellhey executed the same In hislherMeir authorized ' CHi 81� � d. RAJ capecity(les), and that by hislherhhelr signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the Instrument COMM. # 1746998 NOTARY PUBLIC CALIFORNIA I ce* under PENALTY OF PERJURY under the lows of the State of California that the foregoing paragraph Is GRAN GE OOUNTY true and correct me.my comm'!0mo mayl 9, 2011 WITNESS my hand and o al seal Place Notary Seal Above Signature ' Ch erJ Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby cerey ' that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attorney, are in face as of the dste of this Carp6cate This Certificate Is executed In the City of Irvine, California, 4th June 2011 (a, the ay of , BY Albert Hillebrand, Assistant Secretary ' ID- 4380(Wet)(Rev07 107) ' SELLER REGISTRATION AND CONTACT INFORMATION 1 Vendor Name PumpTech, Inc Employer Identification Number (EIN) PUMPT1 *148LF Federal Tax ID # 91- 1337311 Washington State Tax Registration (UBI) number 600 622 783 Washington State SELLER's Registration number /expiration date A02 194713/12 -31 -2013 ' City of Bremerton Business License number (if current, must be obtained prior to Notice to Proceed) 16054 Mailing Address 345 6th Street, Suite 600 Bremerton, WA 98337 -1873 Telephone 360- 473 -5311 ' Fax number 360- 473 -5200 E -mail address webmaster@ci bremerton wa us Name and contact information for proposed Project Manager Michael Dunn 425 - 644 -8501, mdunn @pumptechnw corn ' Name, address, and telephone number of surety company and agent who will povide the required bonds for this contract Indemnity Company of CA, 17780 Fitch, Irvine CA 92614 -60 949- 263 -3300 1 SEWAGE PUMP STATION CE -1 UPGRADE - BID FORMS ' PUMPING EQUIPMENT PROCUREMENT 00300 -8 MAY 2011 NON - COLLUSION AFFIDAVIT STATE OF Washington ) as COUNTY OF King ) ' Lau rie Beden , being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham, that the bidder has not directly or indirectly induced or solicited any other bidder to put In a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding, that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone Interested in the proposed contract, that all statements ' contained in the bid are true, and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid ' Signed Subscribed and sworn to before me this I :J day ofJ� , 2011 4 Notary Public in and for the ' County of _ P'l ry, State of Woo hinq*�- 1 (SEAL) 11111 AID ' �otMr • , N U w As�aN� 1 ' END OF BID FORMS SEWAGE PUMP STATION CE -1 UPGRADE - BID FORMS ' PUMPING EQUIPMENT PROCUREMENT 00300 -9 MAY 2011 r r AGREEMENT CERTIFICATE (if Joint Venture) STATE OF ) SS COUNTY OF ) r I HEREBY CERTIFY that a meeting of the Principals of the a oint venture existing under the laws of the State of , held on J 9 r , 2011, the following resolution was duly passed and adopted "RESOLVED, that , as of the Joint Venture, be and is hereby authorized to execute the Agreement dated , 2011, by and between this Joint Venture and City of Bremerton and that his /her execution thereof, attested by the shall be the official act and deed of this Joint Venture " I further certify that said resolution is now in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 2011 Managing Partner (SEAL) r r r SEWAGE PUMP STATION CE -1 UPGRADE - AGREEMENT PUMPING EQUIPMENT PROCUREMENT 00500 -7 MAY 2011 r r r AGREEMENT CERTIFICATE (if Limited Liability Company) STATE OF ) SS COUNTY OF ) 1 I HEREBY CERTIFY that a meeting of the Members of the a Limited Liability Company existing under the laws of the State of tY P Y 9 held on , 2011, the following resolution was duly passed and adopted "RESOLVED, that , and as members of the Limited Liability Company, be and are hereby authorized to execute the Agreement dated , 2011, to the City of Bremerton by this Limited Liability Company and that their execution thereof shall be the official act and deed of this Limited Liability Company " I further certify that said resolution is now in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand this , day of r 2011 r A Limited Liability Company BY r M ember B y , r Member (SEAL) END OF AGREEMENT SEWAGE PUMP STATION CE -1 UPGRADE - AGREEMENT PUMPING EQUIPMENT PROCUREMENT 00500 -8 MAY 2011 1 This document has important legal consequences, consultation with an attorney is encouraged with respect to ' its use or modification This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law STANDARD GENERAL CONDITIONS FOR PROCUREMENT CONTRACTS Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By /II AMERICAN CONSULTING National Society of SCE American Society ENGINEERS COUNCIL Professional Engineers® A of Civil Engineers PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS ' AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS l This document has been approved and endorsed by The Associated General Contractors of America and the 1 Construction Specifications Institute I V EJCDC No P -700 (2000 Edition) EJCDC P -700 Standard General Conditions for Procurement Contracts Copyright 02000, National Society of Professional Engineers for EJCDC All rights reserved. 1 00700 -1 r r r r These Standard General Conditions For Procurement Contracts have been prepared for use with the Suggested 1 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 to 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) r r r r r © 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 20191 -4344 r 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 r EJCDC P -700 Standard General Conditions for Procurement Contracts ' Copyright 02000, National Society of Professional Engineers for EJCDC. All rights reserved 00700 -2 , TABLE OF CONTENTS Page ARTICLE I — DEFINITIONS AND TERMINOLOGY 00700 -5 101 Defined Terms 00700 -5 102 Terminology 00700 -6 ARTICLE 2 - PRELIMINARY MATTERS 00700 -7 201 Delivery of Bonds 00700 -7 202 Copies of Documents 00700 -7 203 Commencement of Contract Times, Aonce to Proceed 00700 -7 204 Designated Representatives 00700 -7 205 Before Starting FabricationiAssembly of Goods 00700 -7 206 Pi ogress Schedule 00700 -7 207 Preliminary Conference 00700 -7 ARTICLE 3 - CONTRACT DOCUMENTS INTENT AND AMENDING 00700 -7 301 Intent 00700 -7 302 Lawn and Regulations, Standards, Specifications and Codes 00700 -8 303 Reporting and Resolving Discrepancies 00700 -8 304 4mending and Clarifying Contract Documents 00700 -8 ARTICLE 4 - BONDS AND INSURANCE 00700 -8 401 Bonds 00700 -8 402 Insurance 00700 -8 ARTICLE 5 - SELLER'S RESPONSIBILITIES 00700 -9 5 01 Supervision and Super intendence 00700 -9 502 Labor, Materials and Equipment 00700 -9 5 03 Compliance with Latins and Regulations, Standards, Specifications and Codes 00700 -9 504 Or Equals 00700 -9 505 Taxes 00700 -9 506 Shop Drawings and Samples 00700 -9 107 Continuing Performance 00700 -10 508 Seller 's Warranties and Guarantees 00700 -10 509 Indemnification 00700 -11 ARTICLE 6 - SHIPPING AND DELIVERY 00700 -11 601 Shipping 00700 -11 602 Delivery 00700 -11 6 03 Risk of Loss 00700 -11 ARTICLE 7 - CHANGES SCHEDULE AND DELAY 00700 -12 701 Changes in the Goods and Special Services 00700 -12 1 702 Changes in Lars and Regulations 00700 -12 703 Changing Contract Price or Contract Times 00700 -12 ARTICLE 8 - BUYER'S RIGHTS 00700 -12 801 Inspections and Testing 00700 -12 802 .'ion- Conforming Goods or Special Sei vices 00700 -13 803 Correction Period 00700 -14 ARTICLE 9 - ROLE OF ENGINEER 00700 -14 EJCDC P -700 Standard General Conditions for Procurement Contracts Copyright 02000, National Society of Professional Engineers for EJCDC All rights reserved 00700 -3 901 Ditties and Responsibilities 00700 -14 902 Clarifications and Interpi elation 00700 -14 903 Authorized Variations 00700 -14 904 Rejecting Alon- Conforming Goods and Special Services 00700 -14 905 Decisions on Requir ements of Conn act Documents 00700 -14 906 Claims and Disputes 00700 -14 ARTICLE 10 - PAYMENT 00700 -15 1001 Applications foi Progress Payments 00700 -15 1002 Review of,4pphcations foi Progress Payments 00700 -15 1003 Amount and Tuning of Progress Payments 00700 -15 1004 Suspension of or Reduction in Payment 00700 -16 1005 Final Application for Payment 00700 -16 1006 Final Payment 00700 -16 1007 14'aiver of Claims 00700 -16 ARTICLE i l - CANCELLATION, SUSPENSION, AND TERMINATION 00700 -16 1101 Cancellation 00700 -16 1102 Suspension of Perfor mane by Buyer 00700 -16 1103 Suspension of Performance by Seller 00700 -17 1104 Breach and Termination 00700 -17 ARTICLE 12 - LICENSES AND FEES 00700 -17 1201 Intellectual Property and License Fees 00700 -17 1202 Seller's Infringement 00700 -17 1203 Buyer's Infringement 00700 -18 1204 Reuse of Documents 00700 -18 ARTICLE 13 - DISPUTE RESOLUTION 00700 -18 1301 Dispute Resolution Method 00700 -18 ARTICLE 14 - MISCELLANEOUS 00700 -18 1401 Giving Notice 00700 -18 1402 Controlling Lam 00700 -18 1403 Computation of Time 00700 -19 1404 Cumulative Remedies 00700 -19 1405 Survival of Obligations 00700 -19 - i t i l EJCDC P -700 Standard General Conditions for Procurement Contracts Copyright 02000, National Society of Professional Engineers for EJCDC All rights reserved. 00700 -4 EJCDC STANDARD GENERAL CONDITIONS FOR PROCUREMENT CONTRACTS ARTICLE 1— DEFINITIONS AND TERMINOLOGY Times or both or other relief with respect to the terms of the Contract 101 Defined Terms 11 Contract- -The entire and integrated written A Whenever used in the Bidding Requirements or agreement between Buyer and Seller concerning the 1 Contract Documents and printed with initial capital letters, Goods and Special Services The Contract supersedes the terms listed below will have the meanings indicated prior negotiations, representations, or agreements, which are applicable to the singular or plural thereof In whether written or oral addition to terms specifically defined, terms with initial ' capital letters in the Contract Documents include references 12 Contract Documents - -Those items listed in the to identified articles and paragraphs, and the titles of other Agreement Only printed or hard copies of the items documents or forms listed in the Agreement are Contract Documents Files in electronic media format of text, data, graphics, and the 1 Addenda - -Those written or graphic instruments like are not Contract Documents, and may not be relied issued prior to the opening of Bids in accordance with the on by Seller Approved Shop Drawings and other Seller's Bidding Requirements which clarify or change the submittals are not Contract Documents Bidding Requirements or the proposed Contract Documents 13 Contract Price-- The moneys payable by Buyer to Seller for furnishing the Goods and Special Services in 2 Agreement- -The written instrument signed by both accordance with the Contract Documents as stated in the Buyer and Seller covering the Goods and Special Services Agreement and which lists the Contract Documents in existence on the Effective Date of the Agreement 14 Contract Tames- -The times stated in the Agreement by which the Goods must be delivered and Special 3 Application for Payment- -The form acceptable to Services must be furnished Buyer which is used by Seller in requesting progress and final payments and which is accompanied by such 15 Drawings- -That part of the Contract Documents ' supporting documentation as is required by the Contract prepared or approved by Engineer which graphically Documents shows the scope, intent, and character of the Goods and Special Services to be furnished by Seller 4 Bid - -An offer or proposal submitted on the prescribed form setting forth the prices for the Goods and 16 Effective Date of the Agreement- -The date Special Services to be provided indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which 5 Bidder - -A person who submits a Bid directly to the Agreement is signed and delivered by the last of the Buyer two parties to sign and deliver 6 Bidding Documents - -The Bidding Requirements 17 Engineer- -The person designated as such in the and the proposed Contract Documents (including all Agreement Addenda) 18 Field Order - -A written order issued by Engineer 7 Bidding Requirements- -The Advertisement or which requires minor changes in the Goods or Special I Invitation to Bid, Instructions to Bidders, Form of Bid Services but which does not involve a change in the security, if any, and Bid Form with any supplements Contract Price or Contract Times 8 Buyer - -The person or public entity purchasing the 19 General Requirements -- Sections of Division 1 of Goods and Special Services the Specifications The General Requirements pertain to all sections of the Specifications 9 Change Order - -A document recommended by 1 Engineer which is signed by Seller and Buyer and 20 Goods - - The tangible and movable personal authorizes an addition, deletion, or revision to the property that is described in the Contract Documents, Contract Documents or an adjustment in the Contract regardless of whether the property is to be later attached Price or the Contract Times, issued on or after the to realty I Effective Date of the Agreement 21 Laws and Regulations, Laws or Regulations- -Any 10 Claim - -A written demand or assertion by Buyer or and all applicable laws, rules, regulations, ordinances, Seller seeking an adjustment of Contract Price or Contract codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction EJCDC P -700 Standard General Conditions for Procurement Contracts Copyright ® 2000, National Society of Professional Engineers for EJCDC All rights reserved. 00700 -5 22 Milestone - -A principal event specified in the 34 Supplementary Conditions- -That part of the ' Contract Documents relating to an intermediate Contract Documents which amends or supplements these completion date or time prior to the Contract Times General Conditions 23 Notice of Award- -The written notice by Buyer to 35 Written Amendment - -A written statement the apparent Successful Bidder stating that upon timely modifying the Contract Documents, signed by Buyer and compliance by the apparent Successful Bidder with the Seller on or after the Effective Date of the Agreement and conditions precedent listed therein, Buyer will sign and normally dealing with the administrative aspects of the deliver the Agreement Contract Documents 24 Notice to Proceed- - A written notice given by 102 Terminology Buyer to Seller fixing the date on which the Contract Times commence to run and on which Seller shall start to A Intent of Certain Terms or Adjectives perform under the Contract 1 The Contract Documents include the terms "as 25 Point of Destination - -The specific address of the allowed," "as approved," "as ordered," "as directed" or location where delivery of the Goods shall be made as terms of like effect or import to authorize an exercise of stated in the Agreement professional judgment by Engineer In addition, the adjectives "reasonable," "suitable," "acceptable," 26 Project- -The total undertaking of which the Goods "proper," "satisfactory," or adjectives of like effect or and Special Services to be provided under the Contract are import are used to describe an action or determination of a part Engineer as to the Goods or Special Services It is intended that such exercise of professional judgment, 27 Project Manual - -The bound documentary action or determination will be solely to evaluate, in information prepared for bidding and furnishing the general, the Goods or Special Services for compliance Goods and Special Services A listing of the contents of with the requirements of and information in the Contract the Project Manual, which may be bound in one or more Documents and conformance with the design concept of volumes, is contained in the table(s) of contents the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a 28 Samples -- Physical examples of materials, specific statement indicating otherwise) The use of any equipment, or workmanship that are representative of such term or adjective shall not be effective to assign to some portion of the Goods and which establish the Engineer any duty or authority to supervise or direct the standards by which such portion of the Goods or Special furnishing of Goods or Special Services or any duty or Services will be judged authority to undertake responsibility contrary to any other provision of the Contract Documents 29 Seller - -The person f imishmg the Goods and Special Services 2 Unless stated otherwise in the Contract Documents, words or phrases which have a well -known technical or 30 Shop Drawings - -All drawings, diagrams, construction industry or trade meaning are used in the illustrations, schedules, and other data or information Contract Documents in accordance with such recognized which are specifically prepared or assembled by or for meaning Seller and submitted by Seller to illustrate some portion of the Goods or Special Services 3 The word "non- conforming" when modifying the words "Goods" or "Special Services ", refers to Goods or 31 Special Services -- Services associated with the Special Services that fail to conform to the Contract ' Goods to be furnished by Seller as required by the Documents Contract Documents 4 The word "receipt" when referring to the Goods, 32 Specifications--That part of the Contract shall mean the physical taking and possession by the Documents consisting of written technical descriptions of Buyer under the conditions specified in Paragraph materials, equipment, systems, standards and 8 01 B 3 workmanship as applied to the furnishing of the Goods and Special Services, and certain administrative details B Day applicable thereto 1 The word "day" shall constitute a calendar day of 33 Successful Bidder- -The lowest responsible Bidder 24 hours measured from midnight to the next midnight submitting a responsive Bid, to whom Buyer makes an award ARTICLE 2 - PRELINIINARY MATTERS EJCDC P -700 Standard General Conditions for Procurement Contracts ' Copyright ® 2000, National Society of Professional Engineers for EJCDC. All rights reserved 00700 -6 acceptance will not impose on Buyer or Engineer 2 01 Delivery of Bonds responsibility for the progress schedule, for sequencing, scheduling, or progress of the work nor interfere with or A When Seller delivers the executed Agreements to relieve Seller from Seller's full responsibility therefor Such Buyer, Seller also shall deliver such bonds as Seller may be acceptance shall not be deemed to acknowledge the required to furnish reasonableness and attainability of the schedule 2 02 Copies of Documents 2 07 Preliminary Conference A Buyer shall furnish Seller up to five copies of the A Within 20 days after the Contract Times start to run, a Contract Documents Additional copies will be furnished conference attended by Seller, Buyer, Engineer and others upon request at the cost of reproduction as appropriate will be held to establish a working understanding among the parties as to the Goods and 2 03 Commencement of Contract Times, Notice to Special Services and to discuss the schedule referred to in Proceed Paragraph 2 06 A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, A The Contract Times will commence to run on the and maintaining required records thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the ARTICLE 3 - CONTRACT DOCUMENTS: INTENT Notice to Proceed A Notice to Proceed may be given at any AND AMENDING time within 30 days after the Effective Date of the Agreement In no event will the Contract Times commence 3 01 Intent to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the A The Contract Documents are complementary, what is Agreement, whichever date is earlier called for by one is as binding as if called for by all 2 04 Designated Representatives B Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the A Buyer and Seller shall each designate its Contract Documents or from prevailing custom or trade representative at the time the Agreement is signed Each usage as being required to produce the intended result will representative shall have full authority to act on behalf of be provided, whether or not specifically called for, at no and make binding decisions in any matter arising out of or additional cost to Buyer relating to the Contract C Clarifications and interpretations of, or notifications 2 05 Before Starting Fabrication/Assembly of Goods of minor variations and deviations in, the Contract Documents, will be issued by Engineer as provided in A Seller's Review of Contract Documents Before Article 9 commencing performance of the Contract, Seller shall carefully study and compare the Contract Documents and 3 02 Laws and Regulations, Standards, Specifications and check and verify pertinent requirements therein and, if Codes specified, all applicable field measurements Seller shall promptly report in writing to Buyer and Engineer any A Reference to standards, specifications, manuals, or conflict, error, ambiguity or discrepancy which Seller may codes of any technical society, organization, or association, discover and shall obtain a written interpretation or or to Laws and Regulations, whether such reference be clarification from Engineer before proceeding with any specific or by implication, shall mean the standard, work affected thereby specification, manual, code, or Laws and Regulations in effect at the time of opening of Bids (or on the Effective 2 06 Progress Schedule Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents A Within 15 days after the Contract Times start to run, Seller shall submit to Buyer and Engineer an acceptable B No provision of any such standard, specification, progress schedule of activities, including at a minimum, manual or code, or any instruction of a supplier shall be Shop Drawing and Sample submittals, tests, and deliveries effective to change the duties or responsibilities of Buyer or as required by the Contract Documents No progress Engineer, or any of their subcontractors, consultants, agents, payment will be made to Seller until an acceptable schedule or employees from those set forth to the Contract is submitted to Buyer and Engineer Documents, nor shall any such provision or instruction be I effective to assign to Buyer or Engineer, or any of their B The progress schedule will be acceptable to Buyer consultants, agents, or employees any duty or authority to and Engineer if it provides an orderly progression of the supervise or direct the performance of Seller's obligations or submittals, tests, and deliveries to completion within the any duty or authority to undertake responsibility specified Milestones and the Contract Times Such inconsistent with the provisions of the Contract Documents EJCDC P -700 Standard General Conditions for Procurement Contracts Copyright ® 2000, National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -7 B The bonds shall be issued in the form prescribed by 3 03 Reporting and Resolving Discrepancies the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by a surety A Reporting Discrepancies If, during the performance named in the current list of "Companies Holding of the Contract, Seller discovers any conflict, error, Certificates of Authority as Acceptable Sureties on Federal ambiguity, or discrepancy within the Contract Documents or Bonds and as Acceptable Remsuring Companies" as between the Contract Documents and any provision of any published in Circular 570 by the Financial Management Law or Regulation applicable to the performance of the Service, Surety Bond Branch, U S Department of the Contract or of any standard, specification, manual or code, Treasury Bonds signed by an agent must be accompanied or of any instruction of any supplier, Seller shall promptly by a certified copy of such agent's authority to act report it to Buyer in writing for Engineer's review Seller shall not proceed with the furnishing of the Goods or C If the surety on a bond is declared bankrupt or Special Services affected thereby until an amendment to or becomes insolvent or its right to do business is terminated in ' clarification of the Contract Documents has been issued the state where the Project is located or it ceases to meet the Seller shall not be liable to Buyer or Engineer for failure to requirements of Paragraph 4 01 B, Seller shall provide report any such conflict, error, ambiguity, or discrepancy another bond and surety which comply with those unless Seller knew or reasonably should have known requirements within 20 days, at Seller's expense thereof 4 02 Insurance B Resolving Discrepancies Except as may be otherwise specifically stated in the Contract Documents, the A Seller shall provide insurance of the types and provisions of the Contract Documents shall take precedence coverages and in the amounts stipulated in the in resolving any conflict, error, ambiguity, or discrepancy Supplementary Conditions between the provisions of the Contract Documents and 1 the provisions of any standard, specification, ARTICLE 5 - SELLER'S RESPONSIBILITIES manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents), or S 01 Supervision and Superintendence 2 the provisions of any Laws or Regulations A Seller shall be solely responsible for the means, applicable to the furnishing of the Goods and Special methods, techniques, sequences, and procedures used in Services (unless such an interpretation of the provisions of performing its obligations Seller shall be responsible to see the Contract Documents would result in violation of such that the completed Goods and Special Services conform to Law or Regulation) the Contract Documents 3 04 Amending and Clarifying Contract Documents 5 02 Labor, Materials and Equipment A The Contract Documents may be amended to provide A Seller shall provide competent, qualified and trained for additions, deletions, and revisions to the Goods or personnel in all aspects of its performance of the Contract Special Services or to modify the terms and conditions thereof by a Written Amendment or a Change Order B All equipment, products and material incorporated into the Goods shall be as specified, or if not specified, shall B The requirements of the Contract Documents may be be new, of good quality and protected, assembled, used, supplemented, and minor variations and deviations in the connected, applied, cleaned and conditioned in accordance Goods or Special Services not affecting Contract Price or with the original manufacturer's instructions, except as Contract Times may be authorized, by one or more of the otherwise may be provided in the Contract Documents , following ways 1) a Field Order, 2) Engineer's approval of a Shop Drawing pursuant to Paragraph 5 06 D 2, or 3) 5 03 Compliance with Laws and Regulations, Standards, Engineer's written interpretation or clarification Specifications and Codes ARTICLE 4 - BONDS AND INSURANC A Seller shall comply with all Laws and Regulations applicable to the furnishing of the Goods and Special 4 01 Bonds Services A Seller shall furnish performance and payment bonds, 5 04 Or Equals each in an amount at least equal to the Contract Price, to Buyer The bonds shall be delivered in accordance with A Whenever an item of material or equipment to be Paragraph 2 01 and shall remain in effect at least one year incorporated into the Goods is specified or described in the after the date final payment is due, except as provided Contract Documents by using the name of a proprietary item otherwise by Laws or Regulations or the name of a particular supplier or manufacturer, the specification or description is intended to establish the type, EJCDC P -700 Standard General Conditions for Procurement Contracts Copyright ® 2000, National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -8 function, appearance, and quality required Unless the A Seller shall submit Shop Drawings and Samples to specification or description contains or is followed by words Buyer for Engineer's review and approval in accordance reading that no like, equivalent, or "or- equal" item is with the schedule required in Paragraph 2 06 A All permitted, other items of material or equipment or material submittals will be identified as required and furnished in the or equipment of other suppliers or manufacturers may be number of copies specified in the Contract Documents The submitted to Buyer for Engineer's review data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and 1 If in Engineer's sole discretion, such an item of design criteria, materials, and similar data to show Engineer material or equipment proposed by Seller is functionally the services, materials, and equipment Seller proposes to equal to that named and sufficiently similar so that no provide change in related work will be required, it may be con- sidered by Engineer as an "or- equal" item B Where a Shop Drawing or Sample is required by the Contract Documents, any related work performed prior to 2 For the purposes of this paragraph, a proposed item Engineer's approval of the pertinent submittal will be at the of material or equipment may be considered functionally sole expense and responsibility of Seller equal to an item so named if C Submittal Procedures a in the exercise of reasonable judgment, Engineer determines that 1) it is at least equal in 1 Before submitting each Shop Drawing or Sample, quality, durability, appearance, strength, and design Seller shall have determined and venfied characteristics, and 2) it will reliably perform at least equally well the function imposed by the design a all field measurements (if required), quantities, concept of the completed Project as a functioning dimensions, specified performance criteria, installation whole, and requirements, materials, catalog numbers, and similar information with respect thereto, and b Seller certifies that 1) there is no increase in any cost including capital, installation or operating to b that all materials are suitable with respect to 1 Buyer, and 2) the proposed item will conform intended use, fabrication, shipping, handling, storage, substantially, even with deviations, to the detailed assembly, and installation pertaining to the furnishing requirements of the item named in the Contract of Goods and Special Services Documents 2 Seller shall also have reviewed and coordinated B Engineer's Evaluation Engineer will be allowed a each Shop Drawing or Sample with the Contract reasonable time within which to evaluate each proposal or Documents 1 submittal made pursuant to Paragraph 5 04 A Engineer will be the sole fudge of acceptability No "or- equal" will be or- 3 Each submittal shall include a written certification dered, manufactured or utilized until Engineer's review is from Seller that Seller has reviewed the subject submittal complete, which will be evidenced by an approved Shop and confirmed that it is in compliance with the Drawing Engineer will advise Buyer and Seller in writing requirements of the Contract Documents Both Buyer and of any negative determination Notwithstanding Engineer's Engineer shall be entitled to rely on such certification approval of an "or- equal" item, Seller shall remain from Seller obligated to comply with the requirements of the Contract Documents 4 With each submittal, Seller shall give Buyer and Engineer specific written notice of any variations that the C Special Guarantee Buyer may require Seller to Shop Drawing or Sample may have from the requirements ' furnish at Seller's expense a special performance guarantee of the Contract Documents This notice shall be both in a or other surety with respect to any such proposed "or- written communication separate from the submittal and by equal " specific notation on each Shop Drawing or Sample D Data Seller shall provide all data in support of any D Engineer's Review such proposed "or- equal" at Seller's expense 1 Engineer will provide timely review of Shop 5 OS Taxes Drawings and Samples A Seller shall be responsible for all taxes and duties 2 Engineer's approval of Shop Drawings or Samples arising out of the sale of the Goods and the furnishing of will be subject to the standard of Paragraph 102 A 1 Special Services All taxes are included in the Contract Engineer's approval will not relieve Seller from Price responsibility for any variation from the requirements of the Contract Documents unless Seller has in writing called S 06 Shop Drawings and Samples Engineer's attention to each such variation at the time of each submittal as required by Paragraph 5 06 C 1 and EJCDC P -700 Standard General Conditions for Procurement Contracts Copyright ® 2000, National Society of Professional Engineers for EJCDC All rights reserved. 00700 -9 Engineer has given written approval of each such vana- tion by specific written notation thereof incorporated in or 4 any acceptance by Buyer (subject to the provisions , accompanying the Shop Drawing or Sample approval of Paragraph 8 02 D 1) or any failure to do so, E Resubmittal Procedures 5 the issuance of a notice of acceptance by Buyer pursuant to the provisions of Article 8, 1 Seller shall make corrections required by Engineer and shall return the required number of corrected copies 6 any inspection, test or approval by others, or of Shop Drawings and submit as required new Samples ' for review and approval Seller shall direct specific 7 any correction of non - conforming Goods or Special attention in writing to any revisions other than the Services by Buyer corrections called for by Engineer on previous submittals E Buyer shall within a reasonable time notify Seller of ' 5 07 Continuing Performance any breach of Seller's warranties or guarantees If Buyer receives notice of a suit or claim as a result of such breach, A Seller shall adhere to the progress schedule Buyer also may give Seller notice in writing to defend such established in accordance with Paragraph 2 06 A , and the suit or claim If Seller fails to defend such suit or claim, Goods shall be delivered and the Special Services furnished Seller will be bound in any subsequent suit or claim against within the Contract Times specified in the Agreement Seller by Buyer by any factual determination in the prior suit B Seller shall cant' on the work and adhere to the progress schedule during all disputes or disagreements with 5 09 Indemnification Buyer No work shall be delayed or postponed pending resolution of any disputes or disagreements A To the fullest extent permitted by Laws and Regulations, Seller shall indemnify and hold harmless 5 08 Seller's Warranties and Guarantees Buyer, Engineer, and their officers, directors, shareholders, partners, employees, agents, consultants, contractors and A Seller warrants and guarantees to Buyer that the title subcontractors from any and all claims, costs, losses, and to the Goods conveyed shall be proper, its transfer rightful, demands or judgments for damages for claims (including and free from any security interest, lien, or other but not limited to fees and charges of engineers, architects, encumbrance attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, ansing out of or B Seller warrants and guarantees to Buyer that all relating to a negligent act or omission or the breach of any Goods and Special Services will conform with the Contract obligation under this Contract by Seller, or its officers, Documents, including any Samples approved by Engineer, directors, shareholders, partners, employees, agents, and the Goods will be of merchantable quality Engineer consultants, contractors or subcontractors, or anyone for shall be entitled to rely on representation of Seller's whom Seller is responsible, provided that any such claim, warranty and guarantee cost, loss, or damage, C Seller's warranty and guarantee hereunder excludes 1 is attributable to bodily injury, sickness, disease, or defects or damage caused by death, or to injury to or destruction of tangible property (other than the Goods or Special Services themselves), 1 abuse, improper modification or improper including the loss of use resulting therefrom, and maintenance or operation by persons other than Seller, or 2 is caused in whole or in part by any negligent act or 2 normal wear and tear under normal usage omission of Seller or any individual or entity directly or indirectly employed to furnish any of the Goods or D Seller's obligation to furnish the Goods and Special Special Services or anyone for whose acts Seller may be Services in accordance with the Contract Documents shall liable, regardless of whether or not caused in part by any be absolute None of the following will constitute an negligence or omission of an individual or entity ' acceptance of Goods or Special Services that are non- indemnified hereunder or whether liability is imposed conforming, or a release of Seller's obligation to furnish the upon such indemnified party by Laws and Regulations Goods and Special Services in accordance with the Contract regardless of the negligence of any such individual or Documents entity 1 observations by Buyer or Engineer, B The indemnification obligations of Seller under paragraph 5 09 A shall not extend to the liability of 2 recommendation by Engineer or payment by Buyer Engineer and Engineer's consultants or to the officers, of any progress or final payment, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of 3 use of the Goods by Buyer, EJCDC P -700 Standard General Conditions for Procurement Contracts Copyright ® 2000, National Society of Professional Engineers for EJCDC. All rights reserved 00700 -10 i the preparation or approval of, or the failure to B If any such change or action by Buyer affects the 1 prepare or approve, maps, Drawings, opinions, reports, Contract Price or Contract Times, Seller shall notify Buyer surveys, Change Orders, designs, or Specifications, or within 15 days after the occurrence of the event giving rise thereto, and written supporting data will be submitted to 2 giving directions or instructions, or failing to give Buyer within 45 days after such occurrence If Seller fails them, if that is the primary cause of the injury or damage to do so, Seller waives any Claim for such adjustment ARTICLE 6 - SHIPPING AND DELIVERY C Seller shall not suspend performance while Buyer and Seller are in the process of making such changes and any 6 01 Shipping related adjustments A Seller shall select the carver and bear all costs of 7 02 Changes in Laws and Regulations packaging, transportation, insurance, special handling and any other costs associated with shipment and delivery A Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the 6 02 Delivery Agreement if there were no Bids) having an effect on the cost or time of furnishing the Goods and Special Services A Seller shall deliver the Goods F O B the Point of shall be the subject of an adjustment in Contract Price or Destination in accordance with the Contract Times set forth Contract Times If Buyer and Seller are unable to agree on in the Agreement, or other date agreed to by Buyer and entitlement to or on the amount or extent, if any, of any such Seller adjustment, a Claim may be made therefor as provided in Paragraph 9 06 A B Seller shall provide written notice to Buyer at least 15 days before shipment of the manner of shipment and the 7 03 Changing Contract Price or Contract Times anticipated delivery date The notice shall also include any instructions concerning special equipment or services A The Contract Price or Contract Times may only be 1 required at the Point of Destination to unload and care for changed by the Goods Seller shall also require the carrier to give Buyer at least 24 hours notice by telephone prior to the anticipated 1 a Change Order, hour of delivery 2 a Written Amendment, or C Buyer will be responsible and bear all costs for unloading the Goods from carver 3 a written unilateral order of Buyer, in which case Seller shall be entitled to an equitable adjustment in D Buyer will assure that adequate facilities are available Contract Price or Contract Times for any reasonable and to receive delivery of the Goods during the Contract Times necessary costs or delays incurred by Seller to set forth in the Agreement, or another date agreed by Buyer accommodate such a change I and Seller B If Seller is prevented from delivering the Goods or E No partial deliveries shall be allowed, unless performing the Special Services within the Contract Times permitted or required by the Contract Documents or agreed for any unforeseen reason beyond its control and not to in writing by Buyer attributable to its actions or inactions, then Seller shall be entitled to an adjustment of the Contract Times to the extent 6 03 Risk of Loss attributable to such reason Such reasons include fire, floods, epidemics, abnormal weather conditions, acts of A Risk of loss and insurable interests transfer from God, acts of war, directions by government authority, and Seller to Buyer upon Buyer's receipt of the Goods other like matters If such an event occurs and delays Seller's performance, Seller shall notify Buyer in writing B Notwithstanding the provisions of Paragraph 6 03 A, within 15 days of the beginning of the event causing the if Buyer rejects the Goods as non - conforming, the risk of delay, stating the reason therefor loss on such Goods shall remain with Seller until Seller corrects the non - conformity or Buyer accepts the Goods C Contract Times will not be modified for delays within the control of Seller, including labor strife, transportation ARTICLE 7 - CHANGES: SCHEDULE AND DELAY shortages or delays at Seller's facilities Delays attributable to and within the control of Seller's subcontractors or 7 01 Changes in the Goods and Special Services suppliers shall be deemed to be delays within the control of Seller A Buyer may at any time, without notice to any surety, make changes in the Contract Documents within the general D If Seller is prevented from delivering the Goods or ' scope of the Contract furnishing the Special Services within the Contract Times due to the actions or inactions of Buyer, Seller shall be EJCDC P -700 Standard General Conditions for Procurement Contracts Copyright C 2000, National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -I1 1 entitled to any reasonable and necessary additional costs arising out of such delay to the extent directly attributable to 1 Buyer or Engineer will inspect the Goods upon ' Buyer delivery solely for purposes of identifying the Goods and general verification of quantities and observation of E Neither Buyer nor Seller shall be entitled to any apparent condition in order to provide a basis for a damages arising from delays which are beyond the control progress payment Such inspection will not be construed of both Buyer and Seller, including but not limited to fires, as final or as receipt of any Goods and Special Services floods, epidemics, abnormal weather conditions, acts of that, as a result of subsequent inspections and tests, are God, acts of war, direction by government authority, and determined to be non - conforming ' other like matters 2 Within ten days of such inspection, Buyer ARTICLE 8 - BUYER'S RIGHTS shall provide Seller with written notice of Buyer's determination regarding conformity of the Goods In the ' 8 01 Inspections and Testing event Buyer does not provide such notice, it will be presumed that the Goods appear to be conforming A General ' 3 If, on the basis of the inspection specified in 1 Buyer shall have the right to perform, or cause to Paragraph 8 01 B 1, the Goods appear to be conforming, be performed, reasonable inspections and require Buyer's notice thereof to Seller will acknowledge receipt reasonable tests of the Goods at Seller's facility, and at the of the Goods Point of Destination Seller shall allow Buyer a reasonable time to perform such inspections or tests C Final Inspection 2 Seller shall bear all expenses, except for travel, 1 After all of the Goods have been incorporated into lodging and subsistence expenses of Buyer's the Project, tested in accordance with such testing representatives, for inspections and tests at Seller's requirements as are specified, and are functioning as facility, but Buyer shall be entitled to reimbursement from intended, Buyer or Engineer will make a final inspection Seller of travel, lodging and subsistence expenses of Buyer's representatives if the Goods are non - conforming 2 If, on the basis of the final inspection, the Goods are conforming, Buyer's notice thereof will constitute 3 Buyer shall bear all expenses, except for travel, Buyer's acceptance of the Goods lodging and subsistence expenses of Seller's representatives, for inspections and tests at the Point of 3 If, on the basis of the final inspection, the Goods Destination, but Buyer shall be entitled to reimbursement are non - conforming, Buyer will identify the non - from Seller for Buyer's expenses for reinspection or conformity in writing retesting if, on the basis of an initial inspection or testing, the Goods are determined to be non - conforming 8 02 Non - Conforming Goods or Special Services 4 Seller shall provide Buyer 30 days written notice A If, on the basis of inspections and testing prior to of the readiness of the Goods for all inspections, tests, or delivery, the Goods appear to be non - conforming, or if at approvals which the Contract Documents specify are to be any time after Buyer has acknowledged receipt of delivery observed by Buyer prior to shipment and before the expiration of the correction period described ' in Paragraph 8 03, Buyer determines that the Goods are non- 5 Buyer will give Seller timely notice of all specified conforming, Seller shall promptly, without cost to Buyer tests, inspections and approvals of the Goods which are to and in response to written instructions from Buyer, either be conducted at the Point of Destination correct such non - conforming Goods, or, if rejected by ' Buyer, remove and replace the non - conforming Goods with 6 If, on the basis of any inspections or testing, the conforming Goods, including all work required for Goods appear to be conforming, Buyer will give Seller reinstallation ' prompt notice thereof If on the basis of said inspections or testing, the Goods appear to be non - conforming, Buyer B Buyer's Refection of Non - Conforming Goods will give Seller prompt notice thereof and will advise Seller of the remedy Buyer elects under the provisions of 1 If Buyer elects to reject the Goods in whole or in Paragraph 8 02 part, Buyer's notice to Seller will describe in sufficient detail the non - conforming aspect of the Goods If Goods 7 Neither payments made by Buyer to Seller prior to have been delivered to Buyer, Seller shall promptly, and any tests or inspections, nor any tests or inspections shall within the Contract Times, remove and replace the constitute acceptance of non - conforming Goods, or rejected Goods prejudice Buyer's rights under the Contract B Inspection on Delivery ' EJCDC P -700 Standard General Conditions for Procurement Contracts Copyright ® 2000, National Society of Professional Engineers for EJCDC All rights reserved. 00700 -12 1 2 Seller shall bear all costs, losses and damages attributable to the removal and replacement of the non- 9 01 Duties and Responsibilities conforming Goods as provided in Paragraph 8 02 E A The duties and responsibilities and the limitations of 3 Upon rejection of the Goods, Buyer retains a authority of Engineer are set forth in the Contract security interest in the Goods or to the extent of any Documents payments made and expenses incurred in their testing and inspection 9 02 Clarifications and Interpretations C Remedying Non - Conforming Goods or Special A Engineer will issue with reasonable promptness such Services written clarifications or interpretations of the Contract Documents as Engineer may determine necessary, which I If Buyer elects to permit the Seller to modify the shall be consistent with or reasonably inferable from the Goods to remove the non - conformance, Seller shall overall intent of the Contract Documents Such written promptly provide a schedule for such modifications and clarifications and interpretations will be binding on Buyer shall make the Goods conforming within a reasonable and Seller If either Buyer or Seller believes that a written time clarification or interpretation justifies an adjustment in the Contract Price or Contract Times, either may make a Claim 2 If Buyer notifies Seller in writing that any of the therefor ' Special Services are non - conforming, Seller shall promptly provide conforming services acceptable to 9 03 Authorized Variations Buyer If Seller fails to do so, Buyer may delete the Special Services and reduce the Contract Price a A Engineer may authorize minor deviations or commensurate amount variations in the Contract Documents by 1) issuance of approved Shop Drawings when such change or deviation D Buyer's Acceptance of Non - Conforming Goods was duly noted by Seller as required in Paragraph 5 06 C 4, or 2) a Field Order 1 Instead of requiring correction or removal and replacement of non - conforming Goods discovered either 9 04 Rejecting Non - Conforming Goods and Special before or after final payment, Buyer may accept the non- Services 1 conforming Goods Seller shall bear all costs, losses, and damages attributable to Buyer's evaluation of and A Engineer will have the authority to disapprove or determination to accept such non - conforming Goods as reject Goods or Special Services which Engineer believes to provided in Paragraph 102 E be non - conforming E Seller shall pay all claims, costs, losses, and damages, 9 OS Decisions on Requirements of Contract Documents including but not limited to all fees and charges for re- inspection, retesting and for any engineers, architects, A Engineer will be the initial interpreter of the Contract attorneys and other professionals, and all court or arbitration Documents and fudge of the acceptability of the Goods and or other dispute resolution costs arising out of or relating to Special Services Claims, disputes and other matters the non - conforming Goods or Special Services, including relating to the acceptability of the Goods and Special the correction or removal and replacement of the non- Services or the interpretation of the requirements of the conforming Goods and the replacement of property of Buyer Contract Documents pertaining to Seller's performance will and others destroyed by the correction or removal and be referred initially to Engineer in writing with a request for replacement of the non - conforming Goods, or the obtaining a formal decision in accordance with this paragraph of conforming Special Services from others B When functioning as interpreter and fudge under this 8 03 Correction Period Paragraph 9 05, Engineer will not show partiality to Buyer or Seller and will not be liable in connection with any A Seller's responsibility for correcting all non- interpretation or decision rendered in good faith in such conformities in the Goods will extend for a period of one capacity The rendering of a decision by Engineer pursuant year after the earlier of the date on which Buyer has placed to this Paragraph 9 05 with respect to any such Claim, the Goods to continuous service or the date of final dispute, or other matter (except any which have been waived payment, or for such longer period of time as may be by the making or acceptance of final payment as provided in prescribed by Laws or Regulations or by the terms of any Paragraph 10 07) will be a condition precedent to any Specific provisions of the Contract Documents exercise by Buyer or Seller of such rights or remedies as either may otherwise have under the Contract Documents or ARTICLE 9 - ROLE OF ENGINEER by Laws or Regulations in respect of any such Claim, dispute, or other matter EJCDC P -700 Standard General Conditions for Procurement Contracts Copyright ® 2000, National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -13 9 06 Claims and Disputes 2 The second Application for Payment will be submitted after receipt of the Goods has been A Notice Written notice of each Claim, dispute or acknowledged in accordance with Paragraph 8 01 B and other matter relating to the acceptability of the Goods and will be accompanied by a bill of sale, invoice or other Special Services or the interpretation of the requirements of documentation satisfactory to Buyer warranting that the Contract Documents pertaining to Seller's performance Buyer has rightfully received good title to the Goods from shall be delivered by the claimant to Engineer and the other Seller and that the Goods are free and clear of all liens party to the Agreement within 15 days after the occurrence Such documentation will include releases and waivers of the event giving rise thereto, and written supporting data from all parties with viable lien rights In the case of will be submitted to Engineer and the other party within 45 multiple deliveries of Goods, additional Applications for days after such occurrence unless Engineer allows an Payment accompanied by the required documentation will additional period of time to ascertain more accurate data be submitted as Buyer acknowledges receipt of additional items of the Goods B Engineer's Decision Engineer will render a decision in writing within 30 days after receipt of the last submittal 10 02 Review of Applications for Progress Payments of the claimant or the last submittal of the opposing party, if any Engineer's written decision on such Claim, or dispute, A Engineer will, within ten days after receipt of each or other matter will be final and binding upon Buyer and Application for Payment, either indicate in writing a Seller unless recommendation of payment and present the Application to Buyer, or return the Application to Seller indicating in 1 an appeal from Engineer's decision is made within writing Engineer's reasons for refusing to recommend the time limits and in accordance with the dispute payment In the latter case, Seller may make the necessary resolution procedures set forth in Article 13, or corrections and resubmit the Application 2 if no such dispute resolution procedures have been 1 Engineer's recommendation of payment requested set forth, a written notice of intention to appeal is in the first Application for Payment will constitute a delivered by Buyer or Seller to the other and to Engineer representation by Engineer, based on Engineer's review of within 30 days after the date of such decision, and a the Application for Payment and the accompanying data, formal proceeding is instituted by the appealing party in a that the Shop Drawings and Samples have been reviewed forum of competent jurisdiction within 60 days after the and approved as required by the Contract Documents and date of such decision (unless otherwise agreed to in Seller is entitled to payment of the amount recommended writing by Buyer and Seller), to exercise such rights or remedies as the appealing party may have with respect to 2 Engineer's recommendation of payment requested such Claim, dispute, or other matter in accordance with in the Application for Payment submitted upon Buyer's applicable Laws and Regulations acknowledgment of receipt of the Goods will constitute a representation by Engineer, based on Engineer's review of C If Engineer does not render a formal decision in the Application for Payment and the accompanying data writing within the time stated in Paragraph 906B, a Seller is entitled to payment of the amount recommended decision denying the Claim in its entirety shall be deemed to Such recommendation will not constitute a representation have been issued 31 days after receipt of the last submittal that Engineer has made a final inspection of the Goods, of the claimant or the last submittal of the opposing party, if that the Goods are free from non - conformities, acceptable any or in conformance with the Contract Documents, that Engineer has made any investigation as to Buyer's title to ARTICLE 10 - PAYMENT the Goods, that exhaustive or continuous inspections have been made to check the quality or the quantity of the 1001 Applications for Progress Payments Goods beyond the responsibilities specifically assigned to Engineer in the Contract Documents or that there may not A Seller shall submit to Buyer for Engineer's review be other matters or issues between the parties that might Applications for Payment filled out and signed by Seller and entitle Seller to additional payments by Buyer or Buyer to accompanied by such supporting documentation as is withhold payment to Seller required by the Contract Documents and also as Buyer or Engineer may reasonably require The timing and amounts 3 Engineer may refuse to recommend that all or any of progress payments shall be as stipulated in the part of a progress payment be made, or Engineer may Agreement nullify all or any part of any payment previously recommended if, in Engineer's opinion, such I The first application for Payment will be submitted recommendation would be incorrect or if on the basis of after review and approval by Engineer of all Shop subsequently discovered evidence or subsequent Drawings and of all Samples required by the Contract inspections or tests Engineer considers such refusal or Documents nullification necessary to protect Buyer from loss because the Contract Price has been reduced, Goods are found to ' EJCDC P -700 Standard General Conditions for Procurement Contracts Copyright ® 2000, National Society of Professional Engineers for EJCDC All rights reserved. 00700 -14 be non - conforming, or Seller has failed to furnish furnished in accordance with the Contract Documents, and acceptable Special Services that Seller's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after 10 03 Amount and Timing of Progress Payments receipt of the final Application for Payment, recommend in writing final payment subject to the provisions of Paragraph A Subject to Paragraph 10 02 A, the amounts of the 10 07 and present the Application to Buyer Otherwise, progress payments will be as provided in the Agreement Engineer will return the Application to Seller, indicating the Buyer shall within 30 days after receipt of each Application reasons for refusing to recommend final payment, in which for Payment with Engineer's recommendation pay Seller the case Seller shall make the necessary corrections and amount recommended, but, in the case of the Application resubmit the Application If the Application and for Payment upon Buyer's acknowledgment of receipt of the accompanying documentation are appropriate as to form and Goods, said 30 -day period may be extended for so long as is substance, Buyer shall, within 30 days after receipt thereof, necessary (but in no event more than 60 days) for Buyer to pay Seller the amount recommended by Engineer examine the bill of sale and other documentation submitted therewith Buyer shall notify Seller promptly of any 10 07 Waiver of Claims deficiency in the documentation and shall not unreasonably withhold payment A The making and acceptance of final payment will constitute 10 04 Suspension of or Reduction in Payment 1 a waiver of all Claims by Buyer against Seller, A Buyer may suspend or reduce the amount of progress except Claims arising from unsettled liens and Claims, payments, even though recommended for payment by from non - conformities in the Goods or Special Services Engineer, under the following circumstances appearing after final payment, from failure to comply with the Contract Documents or the terms of any special 1 Buyer has reasonable grounds to conclude that guarantees specified therem, or from Seller's continuing Seller will not furnish the Goods or the Special Services obligations under the Contract Documents, and in accordance with the Contract Documents, 2 a waiver of all Claims by Seller against Buyer 2 Buyer has requested in writing assurances from other than those previously made in accordance with the Seller that the Goods or Special Services will be delivered requirements herein and expressly noted in writing by or furnished in accordance with the Contract Documents, Seller as still unsettled in its final Application for and Seller has failed to provide adequate assurances Payment within ten days of Buyer's written request ARTICLE 11- CANCELLATION, SUSPENSION, AND B If Buyer refuses to make payment of the full amount TERMINATION recommended by Engineer, Buyer will provide Seller and Engineer immediate written notice stating the reason for 1101 Cancellation such action and promptly pay Seller any amount remaining after deduction of the amount withheld Buyer shall A Buyer has the right to cancel the Contract, without promptly pay Seller the amount withheld when Seller cause, at any time prior to delivery of the Goods by written corrects the reason for such action to Buyer's satisfaction notice Cancellation pursuant to the terms of this paragraph shall not constitute a breach of contract by Buyer Upon i 1005 Final Application for Payment cancellation A After Seller has corrected all non - conformities to the 1 Buyer shall pay Seller for Goods, specially satisfaction of Buyer and Engineer, furnished all Special manufactured for the Project, plus any documented Services, and delivered all documents required by the reasonable direct and indirect costs incurred by Seller in Contract Documents, Engineer will issue to Buyer and producing such Goods not recovered by payment for the Seller a notice of acceptability Seller may then make reasonable value of the Goods application for final payment following the procedure for progress payments The final Application for Payment will 2 For Goods which are not specially manufactured be accompanied by all documentation called for in the for the Project, Seller shall be entitled to a restocking Contract Documents, a list of all unsettled claims and such charge of 10 percent of the unpaid Contract Price of such other data and information as Buyer or Engineer may Goods reasonably require 1102 Suspension of Performance by Buyer 10 06 Final Payment A Buyer has the right to suspend performance of the A If, on the basis of the review of the final Application Contract, without cause, by written notice Upon for Payment and accompanying documentation, Engineer is suspension under this paragraph, Seller shall be entitled to satisfied that the Goods and Special Services have been an increase in the Contract Times and Contract Price caused EJCDC P -700 Standard General Conditions for Procurement Contracts Copyright ® 2000, National Society of Professional Engineers for EJCDC All rights reserved. ,' 00700 -15 by the suspension, provided that performance would not the Special Services in accordance with the Contract have been suspended or delayed for causes attributable to Documents, ' Seller b wrongful repudiation of the Contract, or 1103 Suspension of Performance by Seller c delivery or furnishing of non - conforming A Subject to the provisions of Paragraph 5 07 B, Seller Goods or Special Services may suspend the furnishing of the Goods and Special Services only under the following circumstance 2 Buyer may terminate Seller's right to perform the Contract for cause by declaring a breach should Seller fail 1 Seller has reasonable grounds to conclude that to comply with any material provision of the Contract Buyer will not perform its future payment obligations Documents Upon termination, Buyer shall be entitled to under the Contract ( "Reasonable grounds" shall not all remedies provided by Laws and Regulations include a pending dispute or disagreement with Buyer) and, a In the event Buyer believes Seller is in breach of its obligations under the Contract, and except as 2 Seller has requested in writing assurances from provided in Paragraph 1104 B 2 b, Buyer shall provide Buyer that future payments will be made in accordance Seller with reasonably prompt written notice setting with the Contract, and Buyer has failed to provide such forth in sufficient detail the reasons for declaring that it assurances within ten days of Seller's written request believes a breach has occurred Seller shall have seven days from receipt of the written notice declaring the 1104 Breach and Termination breach (or such longer period of time as Buyer may grant in writing) within which to cure the alleged A Buyer's Breach breach 1 Buyer shall be deemed in breach of the Contract if b If and to the extent that Seller has provided a it fails to comply with any material provision of the performance bond under the provisions of Paragraph Contract Documents, including but not limited to 4 01, the notice and cure procedures of that bond, if any, shall supersede the notice and cure procedures of a wrongful refection or revocation of Buyer's Paragraph 1104 B 2 a. acceptance of the Goods, ARTICLE 12 - LICENS AND FEES b failure to make payments in accordance with the Contract Documents, or 12 01 Intellectual Property and License Fees c wrongful repudiation of the Contract A Unless specifically stated elsewhere in the Contract Documents, Seller is not transferring any intellectual 2 Seller shall have the right to terminate the Contract property rights, patent rights, or licenses for the Goods for cause by declaring a breach should Buyer fail to delivered However, in the event the Seller is comply with any material provisions of the Contract manufacturing to Buyer's design, Buyer retains all Upon termination, Seller shall be entitled to all remedies intellectual property rights in such design provided by Laws and Regulations B Seller shall pay all license fees and royalties and a In the event Seller believes Buyer is in breach assume all costs incident to the use or the furnishing of the of its obligations under the Contract, Seller shall Goods, unless specified otherwise by the Contract provide Buyer with reasonably prompt written notice Documents setting forth in sufficient detail the reasons for declaring that it believes a breach has occurred Buyer shall have 12 02 Seller's Infringement seven days from receipt of the written notice declaring the breach (or such longer period of time as Seller may A Subject to Paragraph 12 01 A, Seller shall indemnify grant in writing) within which to cure the alleged and hold harmless Buyer, Engineer and their officers, breach directors, partners, employees, agents, consultants, contractors, and subcontractors from and against all claims, B Seller's Breach costs, losses, damages, and judgments (including but not limited to all fees and charges of engineers, architects, 1 Seller shall be deemed in breach of the Contract if attorneys and other professionals and all court or arbitration it fails to comply with any material provision of the or other dispute resolution costs) arising out of or relating to Contract Documents, including, but not limited to any infringement or alleged infringement of any United States or foreign patent or copyright by any of the Goods a failure to deliver the Goods or perform delivered hereunder , EJCDC P -700 Standard General Conditions for Procurement Contracts Copyright ® 2000, National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -16 , B In the event of suit or threat of suit for intellectual Seller shall be barred from any remedy against Buyer for property infringement, Buyer will notify Seller within a such suit or claim reasonable time of receiving notice thereof 12 04 Reuse of Documents C Upon written demand from Buyer, Seller shall be given the opportunity to defend the claim or suit, including A Neither Seller nor any other person furnishing any of negotiating a settlement Seller shall have control over such the Goods or Special Services under a direct or indirect claim or suit, provided that Seller agrees to bear all expenses contract with Seller shall (1) acquire any title to or and to satisfy any adverse judgment thereof ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or 1 If Seller fails to defend such suit or claim after bearing the seal of Engineer or its consultants, including written demand by Buyer, Seller will be bound in any electronic media versions, or (2) reuse any of such subsequent suit or claim against Seller by Buyer by any Drawings, Specifications, other documents, or copies factual determination in the prior suit or claum thereof on any other project without written consent of Buyer and Engineer and specific written verification or 2 If Buyer fads to provide Seller the opportunity to adaptation by Engineer This prohibition will survive defend such suit or claim after written demand by Seller, termination or completion of the Contract Nothing herem Buyer shall be barred from any remedy against Seller for shall preclude Seller from retaining copies of the Contract such suit or claim Documents for record purposes D If a determination is made that Seller has infringed ARTICLE 13 - DISPUTE RESOLUTION upon intellectual property rights of another, Seller may obtain the necessary licenses for Buyer's benefit, or replace 13 01 Dispute Resolution Method the Goods and provide related design and construction as necessary to avoid the infringement at Seller's own expense A Disputes between Buyer and Seller will be resolved as set forth in the Supplementary Conditions If no method 12 03 Buyer's Infringement and procedure has been set forth, and subject to the provisions of Paragraphs 9 05 and 9 06, Buyer and Seller A Buyer shall indemnify and hold harmless Seller, and may exercise such rights or remedies as they have under its officers, directors, partners, employees, agents, Controlling Law consultants, contractors, and subcontractors from and against all claims, costs, losses, damages, and judgments ARTICLE 14 - MISCELLANEOUS (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and 14 01 Giving Notice all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement or alleged A Whenever any provision of the Contract Documents infringement of any United States or foreign patent or requires the giving of written notice, it will be deemed to copyright caused by Seller's compliance with Buyer's have been validly given if delivered in person to the design of the Goods or Buyer's use of the Goods in individual or to a member of the firm or to an officer of the combination with other materials or equipment in any corporation for whom it is intended, or if delivered at or sent process (unless intent of such use was known to Seller and by registered or certified mail, postage prepaid, to the last Seller had reason to know such infringement would result) business address known to the giver of the notice B In the event of suit or threat of suit for intellectual 14 02 Controlling Law property infringement, Seller must within a reasonable time after receiving notice thereof notify Buyer A This Contract is to be governed by the law of the state in which the Point of Destination is located C Upon written demand from Seller, Buyer shall be given the opportunity to defend the claim or suit, including 14 03 Computation of Time negotiating a settlement Buyer shall have control over such claim or suit, provided that Buyer agrees to bear all A When any period of time is referred to in the Contract expenses and to satisfy any adverse judgment thereof 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 1 If Buyer fails to defend such suit or claim after such period falls on a Saturday or Sunday or on a day made written demand by Seller, Buyer will be bound in any a legal holiday by the law of the applicable jurisdiction, subsequent suit or claim against Buyer by Seller by any such day shall be omitted from the computation factual determination in the prior suit or claim 14 04 Cumulative Remedies 2 If Seller fails to provide Buyer the opportunity to r defend such suit or claim after written demand by Buyer, A The duties and obligations imposed by these General I Conditions and the rights and remedies available hereunder EJCDC P -700 Standard General Conditions for Procurement Contracts Copyright ® 2000, National Society of Professional Engineers for EJCDC All rights reserved. 00700 -17 I to the parties hereto are in addition to, and are not to be construed m 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 OS 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 i1 i i i EJCDC P -700 Standard General Conditions for Procurement Contracts Copyright ® 2000, National Society of Professional Engineers for EJCDC All rights reserved. 00700-18 ' SECTION 00800 PROCUREMENT SUPPLEMENTARY CONDITIONS SUPPLEMENTARY CONDITIONS These Procurement Supplementary Conditions amend or supplement Section 00700 - Procurement General Conditions and other provisions of the Procurement Documents as indicated below All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented All provisions, which are not so amended or supplemented, remain in full force and effect DEFINED TERMS The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions MODIFICATIONS AND SUPPLEMENTS The following are instructions that modify or supplement specific articles in the General Conditions and other Contract Documents ARTICLE 1— DEFINITIONS AND TERMINOLOGY SC- 1.01-4. Add the following definition at the end of GC -1 01A 36 Bidder, Issuing Office, Successful Bidder, Bidding Documents - -See Section 00100 37 Bidders Equipment - -The equipment that has been designed by, manufactured by or fabricated specifically for and supplied by the Seller in fulfillment of the Contract 38 Bonds - -Bid and Performance Bonds and other instruments of security 39 Calendar Day - Unless herein otherwise expressly defined, shall mean a calendar day or days of 24 hours each from midnight to the next consecutive midnight Unless noted otherwise, `day' shall mean calendary day 40 City- -City of Bremerton, WA Same as Buyer 41 Component Equipment- -Any item of equipment that is designed and fabricated or manufactured by others but incorporated by and supplied by the Seller in fulfillment of the Contract 42 Construction- -When used in the Procurement Documents, the word construction shall mean the furnishing of Goods and Special Services 43 Defective- -See Non - Conforming 44 Final Acceptance -- Refers to such time as the Seller has fulfilled all its obligations, other than warranties and guarantees, under the Contract Documents 45 Installation Contractor- -The person, firm or corporation with whom the Buyer will enter into a Contract for the general construction of and the installation of the Seller's equipment Same as Contractor, Installer, and Pumping Equipment Installer 46 Manufacturer —The fabricator of the equipment specified herein 47 Non - Conforming Goods - -Goods and Special Services that fail to conform to the requirements of the Contract Documents SEWAGE PUMP STATION CE -1 UPGRADE — SUPPLEMENTARY CONDITIONS PUMPING EQUIPMENT PROCUREMENT 00800 -1 MAY 2011 48 Notice of Substantial Completion- -The written notice issued by the Engineer to the Seller that Acceptance Testing has been successfully completed 49 Owner - -City of Bremerton, WA 50 Procurement Agreement- -See Agreement 51 Procurement Documents - -See Contract Documents ' 52 Proposer - -See Bidder 53 Proposal- -See Bid 54 Proposal Documents- -See Bidding Documents 55 Seller - -The person, firm, or corporation with whom City has entered into the Procurement Agreement to famish Goods and Special Services 56 Submittal- -Any documentation specifically prepared by or for the Seller and provided to the Buyer to illustrate fulfillment of the requirements of the Contract Examples of submittals include but are not limited to Applications for Payment, Bonds, Change Orders, Certificates, Manuals, Samples, Shop Drawings, and Schedules 57 Substantial Completion- -The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which at is intended The Work will be considered Substantially Complete after successful completion of the demonstration period The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof 58 Work - -A general description for providing Goods and Special Services as required by the Contract Documents 59 Working Days - -as used to describe traditionally accepted business workdays of Monday through Friday inclusive, exclusive of any official organizational or official government holidays for the applicable organization 60 Correction Period — A period of one year after the date of the Notice of Substantial Completion, 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, when Seller has responsibility for correcting all nonconformataes an the Goods" ARTICLE 2 — PRELIMINARY MATTERS SC -2.03. Delete Article GC -2 03 in its entirety and replace with the following 203 Commencement of Contract Tames, Notice to Proceed A The Contract Tames will commence to run on the Effective Date of the Notice to Proceed ARTICLE 3 — CONTRACT DOCUMENTS: INTENT AND AMENDING SC-3.02C, D, E, F, & G. Add the following immediately after Article GC -3 02 B C The Specifications may vary an form, format and style Some specification sections are written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison Omissions of such words and phrases as "the Seller shall," "in conformity with," "as shown," or "as specified" are intentional an streamlined sections Omitted words and phrases shall be supplied by inference Similar types of provisions may appear an various parts of a SEWAGE PUMP STATION CE -1 UPGRADE — SUPPLEMENTARY CONDITIONS PUMPING EQUIPMENT PROCUREMENT 00800 -2 MAY 2011 section or articles within a part depending on the format of the section The Seller shall not take advantage of any variation of form, format or style in making claims for extra Work D The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to " and elsewhere within each specification section is provided as an aid and convenience to the Seller The Seller shall not rely on the cross referencing provided and shall be responsible to coordinate the entire work under the Procurement Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete " ' E Seller shall comply with the applicable State of Washington Administrative Code ARTICLE 4 — BONDS AND INSURANCE SC- 4.01A. Delete Article GC -4 01A in its entirety and replace with the following A Performance and Payment Bonds are not required for this contract SC-4.02A. Add the following to Article GC -4 02 A "Types, amounts and insurance requirements ' 1 Seller's Liability Insurance a Seller shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Seller's performance of the Work and Seller's other obligations under the Procurement Contract Documents, whether it is to be performed by Seller, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them any be liable 1) claims under workers' compensation, disability benefits, and other similar employee benefit acts, 2) claims for damages because of bodily injury, occupational sickness or disease, or death of Installation Contractor's employees, 3) claims for damages because of bodily injury, sickness or disease, or death of any person other than Seller's employees, 4) claims for damages insured by reasonable available personal injury liability coverage which are sustained (i) by any person as a result of an offense directly or indirectly related to the employment of such person by Seller or (n) by any other person for any other reason, 5) claims for damages, other than to the Work itself, because of injury to or destruction tangible property where located, including loss of use resulting there from, and 6) claims for damages because of bodily injury or death of any person or property 1 damage arising out of the ownership, maintenance or use of any motor vehicle 2 The limits of liability for the insurance required by Article 4 02 A of the General Conditions shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a Workers' Compensation, Etc 1) State Statutory SEWAGE PUMP STATION CE -1 UPGRADE — SUPPLEMENTARY CONDITIONS PUMPING EQUIPMENT PROCUREMENT 00800 -3 MAY 2011 2) Applicable Federal (e g , Longshoremen's) Statutory 3) Minimum Employer's Liability $100,000 00 for each accident, $100,000 00 disease per employees, and $500,000 00 policy limit for disease b Seller's liability insurance under may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance Primary occurrence limit cannot be less than $100,000 00 Deductible not to exceed $500,000 00 per occurrence on property damage 1) General Aggregate (Except Products - Completed Operations) - $200,000 00 2) Product - Completed Operations Aggregate - $200,000 00 3) Personal and Advertising injury (Per Person/Organization)- $100,000 00 4) Each Occurrence (Bodily Injury and Property Damage) - $100,000 00 5) Property Damage liability insurance will provide Explosion and collapse coverages where applicable 6) Excess Liability General Aggregate $1,000,00000 Each Occurrence $1,000,000 00 7) Automobile Liability Insurance a) Bodily Injury $1,000,000 00 Each Person $1,000,000 00 Each Accident b) Property Damage $1,000,000 00 Each Accident or c) Combined Single Limit (Bodily Injury and Property Damage) $1,000,000 00 Each Accident SC- 4.02B, C, D, E, F, & G. Add the following Articles immediately after Article GC -4 02 A B All certificate of insurance shall name as additionally insured Buyer City of Bremerton, WA Engineer City of Bremerton, WA ' C The required insurance for the project shall not be canceled without thirty (30) days written notice to the Buyer The Evidence of insurance provided to the Buyer shall state this requirement without any reservations of responsibility from the insurance providers Coverage in the minimum amounts set forth herein, or as provided by the Seller, if greater, shall not be construed to relieve the Seller from liability in excess of such coverage limits Compliance Failure of the Seller to fully comply with these requirements will be considered a material breach of Contract and shall be cause for immediate termination of the Contract at the option of the Buyer The Buyer will not pay progress estimate payment due under Article 10 of the Standard General Conditions until the Seller has fully complied with this section This remedy is not exclusive and SEWAGE PUMP STATION CE -1 UPGRADE — SUPPLEMENTARY CONDITIONS PUMPING EQUIPMENT PROCUREMENT 00800.4 MAY 2011 the Buyer may take such other action as is available to it under other provisions of the Contact, or otherwise in law D All insurance Required by the Contract Documents, or by law or regulations shall remain in full force and effect on all phases of the Work, whether or not the Work is occupied or utilized by ' Buyer, until all Work included in the agreement has been completed and final payment has been made E Nothing contained in the insurance requirements shall be construed as limiting the extent of Seller's responsibility for payment of damages resulting from his operations under the Contract Seller agrees that he alone shall be completely responsible for procuring and maintaining full insurance coverage as provided herein or as may be otherwise required by the Contract Documents Any approval by Buyer or Engineer shall not operate to the contrary F The Insurance coverages as outlined in all sections must be wntten with insurance companies with a Best's Rating of A -VII or better A certificate along with an Additional Insured Endorsement shall be furnished as evidence of coverage Under the cancellation section of the certificate, the ' working "endeavor to" and "but failure to mail such notice shall impose no obligation of liability of any kind upon the company, its agents, or representatives" will be crossed out and initialed by the agent G With respect to all insurance required by this Article 4 02 , Seller agrees to waive all rights of subrogation against Buyer, Engineer, and each additional insured identified in the Supplemental Conditions " ' ARTICLE 5 — SELLER'S RESPONSIBILITIES SC- 5.06A. Replace wording "review and approval" in all paragraphs of Article GC -5 06A with "review for compliance " Add the word "required" to the first sentence of Article GC -5 06A, immediately after the words "Seller shall submit " Add the following subparagraphs to the end of Article GC -5 06A I Shop Drawings submitted as herein provided by Seller and reviewed by Engineer for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by Buyer 2 When Shop Drawings are submitted for the purpose of showing the installation in greater ' detail, their review shall not excuse Seller from requirements included in the Contract Documents 3 For - Information -Only- For - Future -Use submittals upon which the Engineer is not expected to conduct review or take responsive action may be so identified in the Contract Documents Add three new Articles immediately after GC -5 06 C 4, which are to read as follows 5 Seller shall submit all Shop Drawings and Samples sufficiently in advance of Fabrication requirements to allow ample time for checking, correcting, resubmitting and rechecking and to avoid any delay in progress of the Work ' 6 See Section 01300 7 Shop Drawings and Sample submittals not conforming to requirements of this paragraph 5 06 and Section 01300 will be returned to Seller without action for resubmrttal and the resulting delay shall be entirely the responsibility of Seller SEWAGE PUMP STATION CE -1 UPGRADE — SUPPLEMENTARY CONDITIONS PUMPING EQUIPMENT PROCUREMENT 00800 -5 MAY 2011 SC- 5.06D3. Add the following article after the Article GC -5 06 D 2 3 Engineer's check and review of Shop Drawings and Samples, Standard Specifications and descriptive literature submitted by Seller will be only for general conformance with design concept, except as otherwise provided, and shall not be construed as t a permitting any departure from the Contract Requirements, b relieving Seller of the responsibility for any error in details dimensions or otherwise that may exist in such submittals, c constituting a blanket approval of dimensions, quantities, or details of the material or equipment shown, or d approving departures from additional details or instructions previously furnished by Engineer Such check or review shall not relieve Seller of the full responsibility of meeting all of the requirements of the Contract Document " SC- 5.06E.1. Add a new Article after GC -5 06E I that reads 2 Engineer will review an initial shop drawing submittal and one re- submittal for any particular item requiring a shop drawing Items requiring more than two reviews the additional review time will be at the sole expense of the Seller Engineer will log his time and expenses which will be used by the Buyer to calculate the cost of a deductive change order for the additional review time Buyer will deduct these costs from the amounts due Seller on the next application for payment SC- 5.08B. Delete Article GC -5 08B in its entirety and replace with the following B Seller warrants and guarantees to Buyer that all Goods and Special Services will materially conform with the Contract Documents, including any Samples approved by Engineer, and the Goods will be free from defects in material and workmanship Engineer shall be entitled to rely on representation of Seller's warranty and guarantee SC- 5.09A. , Delete Article 5 09A and replace with the following A 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 orjudgments for damages or 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), to the extent (i) caused by the negligent act or omission of Seller, or its officers, directors, shareholders, partners, employees, agents, consultants, contractors or subcontractors, or anyone for whom the Seller is responsible and (n) any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or damage to Buyer's property (other than the Goods and Special Services themselves) " 5.09.A.2. Delete the work "negligent" from the first sentence of Article GC -5 09 A 2 , immediately after the words "is caused ' in whole or in part by any " 5.09.0 Add a new article after GC -5 09 B, which reads as follows SEWAGE PUMP STATION CE -1 UPGRADE — SUPPLEMENTARY CONDITIONS PUMPING EQUIPMENT PROCUREMENT 00800 -6 MAY 2011 C Any claim for indemnification pursuant to this Article 5 09 or otherwise pursuant to the Contract ' Documents is conditioned upon the claimant's (i) notifying Seller in writing of the claim prior to expiration of the Correction Period under Article 8 03, and (u) providing reasonable cooperation in the defense of any claim ARTICLE 7 - CHANGES: SCHEDULE AND DELAY SC- 7.01B. ' Revise Article GC -7 0113 as follows Replace 15 with 10, Replace 45 with 30 SC- 7.03B. Revise Article GC -7 03B as follows ' Replace 15 with 10 ARTICLE 8 — BUYER'S RIGHTS SC- 8.01A.3. Delete Article GC -8 01A 3 in its entirety and replace with the following 3 Seller shall bear all expenses, for inspections and tests at the Point of Destination" 5C- 8.01A.4. Modify Article GC -8 01A 4 as follows Replace 30 with 14 SC- 8.02A. Modify Article GC -8 02A as follows Insert, "or for such times as provided by a warranty provision that remains in effect after final payment as a continuing obligation," after "the expiration of the correction period," SC- 8.02C. Delete Article GC -8 02C in its entirety and replace with the following C Remedying Non - Conforming Goods or Special Services 1 If City notifies Seller in writing that the Goods are non - conforming, the Seller shall modify, repair or replace the Goods to remedy the non - conformance Seller shall provide within 10 days the proposed remedy and a schedule that shall make the Goods conforming within a reasonable time 2 If City notifies Seller in writing that any of the Special Services are nonconforming or have delayed the City's Project, the Seller shall promptly provide conforming Special Services acceptable to City 3 If the Seller fails to take action as required by the City or the Engineer to remedy nonconforming Goods, after 15 days written notice to the Seller, the City shall at its option remedy any such deficiency instead of requiring removal or replacement Cost for the City's 1 remedy is subject to the provisions of Article 5 8 and Article 8 2E ' SEWAGE PUMP STATION CE -1 UPGRADE — SUPPLEMENTARY CONDITIONS PUMPING EQUIPMENT PROCUREMENT 00800 -7 MAY 2011 4 In an emergency where delay would cause serious risk of loss or damage, the City may take such action as is necessary to avoid such risk of loss or damage without issuing prior notice or waiting for action by the Seller , 5 If the Goods are determined to be non - conforming as part of a warranty notice or claim pursuant to Article 5 8 or the warranty provisions of Section 11076, the Seller shall be notified in writing that the applicable conditions for breach of contract or breach of warranty exist 6 Cost of Remedy a If the Goods are determined to be non - conforming before the date of the Notice of Substantial Completion, and a remedy is required, the Seller shall pay for all costs of the remedy, including modification, repairs, removal, replacement, and/or installation of the Goods ' b If the Goods are determined to be non - conforming as part of a warranty claim pursuant to Article 5 8, after the date of the Notice of Substantial Completion and prior to the end of the correction period for the Goods, and the Seller's remedy is to modify or repair the ' Goods, Seller shall be responsible for all costs associated with the modification or repair of the Goods c If the Goods are determined to be non - conforming as part of a warranty claim pursuant to Article 5 8, after the date of the Notice of Substantial Completion and the Seller's remedy is the replacement of existing Goods, Goods shall be delivered to the City F O B Point of Destination with removal and replacement of the non - conforming Goods performed or paid for by Seller d In the event that the Seller's remedy involves a change to or addition of Seller's equipment, the Seller shall be responsible for all costs as described in Article 8 2 E for the remedy of the non - conforming Goods and to provide Special Services required for the remedy SC- 8.02E. Modify Article GC -8 02E as follows Insert, "or breach of warranties" after "Goods or Special Services" SC -8.03. Delete Article GC -8 03 in its entirety and replace with the following 803 Correction Period ' A Seller's responsibility for correcting all nonconformities in the Goods will extend for a period of one year after the date of the Notice of Substantial Completion, 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 " SC- 9.04A. Add a new article immediately after Article GC -9 04 A, which is to read as follows B The acceptance at any time of materials or equipment by or on behalf of Buyer shall not be a bar to future refection if they are subsequently found to be defective, inferior in quality, or not equal to ' the material or equipment specified, or are not as represented to Engineer or Buyer " SEWAGE PUMP STATION CE -1 UPGRADE — SUPPLEMENTARY CONDITIONS ' PUMPING EQUIPMENT PROCUREMENT 00800 -8 MAY 2011 ARTICLE 10 - PAYMENT ' SC -10.01 Delete Article GC -10 01 in its entirety and replace with the following ' 1001 Apphcations for Progress Payments A Seller shall submit 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 City or ' Engineer may reasonably require for review and approval The timing and amounts of progress payments shall be as stipulated in the Agreement SC- 10.02A.1 ' Delete Article GC -10 2A 1 in its entirety and replace with the following 1 Engineer's recommendation of payment requested in Applications for Payment for Shop ' Drawings will constitute a representation by Engineer, based on Engineer's review of the Application for Payment and the accompanying data that the Shop Drawings have been reviewed as required by the Contract Documents and Seller is entitled to payment of the amount recommended SC- 10.07.4.2. Add the words "and/or Engineer" to the first sentence of Article GC -10 07 A 2 after the words "against Buyer" ' ARTICLE 11 - CANCELLATION, SUSPENSION, AND TERNIINATION ' SC- 11.04B.2.b Add the following items after 11 04B 2 b c City may terminate for the following reasons, including but not limited to ' 1) If the Seller commences a voluntary case under any chapter of the Bankruptcy Code, as now or hereafter in effect, of if the Seller takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such ' time relating to bankruptcy or insolvency 2) If a petition is filed against the Seller under any chapter of said Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any ' such equivalent or similar relief against the Seller under any other federal or state law in effect at the time relating to bankruptcy or insolvency 3) If the Seller makes a general assignment for the benefit of creditors ' 4) If a trustee, receiver, custodian, or agent of the Seller is appointed under applicable law, or under contract, whose appointment or authority to take charge of property of the Seller is for the purpose of enforcing a lien against such property or for the ' purpose of general administration of such property for the benefit of the Seller's creditors 5) If the Seller admits in writing an inability to pay its debts generally as they become ' due, or 6) If the Seller breaches the Procurement Agreement or any provision of the Contract Documents and such breach continues for a period of 15 days after written notice to correct the breach from the City to the Seller ' 7) Fails to deliver the Goods and Services according to the Procurement Agreement ' SEWAGE PUMP STATION CE -1 UPGRADE — SUPPLEMENTARY CONDITIONS PUMPING EQUIPMENT PROCUREMENT 00800 -9 MAY 2011 8) Fails to provide competent management and supervision, competent staff or materials or equipment meeting the requirements of the Procurement Agreement ' 9) Disregards laws or regulations of any public body having jurisdiction 10) Commits serious violations of approved or legislated safety requirements 11) Has assigned any part of the obligations under the Procurement Agreement without t the City's prior written consent ARTICLE 13 - DISPUTE RESOLUTION ' SC- 13.01. Delete Article GC -13 01 in its entirety and replace with the following ' 1301 Dispute Resolution Method A Any disputes unresolved in the claims process can be resolved through the legal process in the ' Kitsap County Superior Court ARTICLE 14 - MISCELLANEOUS a SC -14.06 and 14.07 Add the following articles after GC -14 05 14 06 Contract Documents - Defined A All documents referred to in the definition of Contract Documents in the Standard General Contract Documents are considered as official Contract Documents and are binding on the Seller 14 07 Buyer's Rights A Buyer maintains all its rights and remedies pursuant to the State of Washington Uniform Commercial Code, CH 62A RCW, as currently enacted and hereafter amended, provided, p however, that as to consequential damages from the Installation Contractor's breach, the contractors liability shall be limited to an amount equal to the contract price for those consequential damages for any loss resulting from general or particular requirements and needs of which the Contractor at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise, and provided further that there is no limitation of Contractor's liability for consequential damages for any loss for injury to person or property proximately resulting from any breach of warranty " 1 END OF SECTION SEWAGE PUMP STATION CE -1 UPGRADE — SUPPLEMENTARY CONDITIONS t PUMPING EQUIPMENT PROCUREMENT 00800 -10 MAY 2011 O H z 0 � r"' a AW This page intentionally left blank r t t i SECTION 01010 SUMMARY OF WORK ' PART 1 - GENERAL 1.1 WORK COVERED BY PROCUREMENT CONTRACT DOCUMENTS A In general, the procurement contract Includes the following mayor work efforts 1 Procurement and delivery of pumping equipment, Including two (2) electric dry-pit submersible non -clog wastewater pumps, including motor, volute, discharge elbow, ' base, power cable(s) and accessories, in accordance with these specifications 2 Perform pump testing as described in 11076, including vibration testing 3 Assistance In pumping equipment startup, including coordination with Installation Contractor ' 4 Training of Owner's employees 5 Provision of O &M Manuals and any Record Drawings 1.2 WORK BY OTHERS A Engineer's and Buyer's Responsibilities 1 The Engineer is responsible for design, specification and bidding for this contract 2 Provide operator(s) for training ' 3 Obtain permits as required 4 Operation of the equipment in accordance with Sellers recommendations 5 Payment to contracted parties 6 Timely response to submittals, RFI's and design decisions ' 7 Provide meeting location and attend meetings B Contractor (Pumping Equipment Installer) 1 All pumping equipment shall be installed by the Installation Contractor This work ' shall be accomplished under a separate contract with the City titled Sewage Pump Station CE -1 Upgrade. 2 The Installation Contractor shall be responsible for starting up the pumping system after it has been tested by Seller 3 Other Work as Identified in Construction Contract Documents titled Sewage Pump Station CE -1 Upgrade. ' PART 2 - PRODUCTS (NOT USED) ' PART 3 - EXECUTION (NOT USED) END OF SECTION SEWAGE PUMP STATION CE -1 UPGRADE - SUMMARY OF WORK PUMPING EQUIPMENT PROCUREMENT 01010 -1 MAY 2011 This page intentionally left blank SUBMITTALS REQUIREMENTS ' SECTION 01300 ' PART 1 - GENERAL 1.1 GENERAL A Submit four (4) paper copies of each submittal and one (1) electronic copy on a CD -ROM disk All submittals shall be accompanied by the submittal transfer form included at the end ' of this section 1.2 REQUIRED SUBMITTALS A The Submittals indicated in Sections 11060 and 11076, along with the following submittals, shall be submitted no later than 15 calendar days following the Notice to Proceed ' 1 Contact information of all key personnel, including supplier, manufacturer, and vibration testing company 2 Reference and experience information for vibration testing company 3 Schedule indicating submittals, pu °mp order, fabrication, fabrication completion, shipping, and delivery 1.3 SHOP DRAWINGS A Wherever called for in the Contract Documents, or where required by the OWNER, the SELLER shall furnish to the OWNER for review, 4 copies of each Shop Drawing submittal The term "Shop Drawings" as used herein shall be understood to include detail design calculations, shop - prepared drawings, fabrication, and installation drawings, erection drawings, lists, graphs, catalog sheets, data sheets, and similar items Whenever the SELLER is required to submit design calculations as part of a submittal, such calculations shall bear the signature and seal of an engineer registered in the appropriate branch and in the state wherein the project is to be built, unless otherwise indicated ' B Shop Drawing submittals shall be accompanied by the OWNER's standard submittal transmittal form, a reproducible copy of which is included at the end of this section Any submittal not accompanied by such a form, or where all applicable items on the form are not completed, will be returned for resubmittal ' 1 A single submittal transmittal form shall be used for each technical specification section or item or class of material or equipment for which a submittal is required A single submittal covering multiple sections will not be acceptable, unless the primary ' specification references other sections for components Transmittal of a submittal of various items using a single transmittal form will be permitted only when the items taken together constitute a manufacturer's "package" or are so functionally related that expediency indicates review of the group or package as a whole A multiple - 1 page submittal shall be collated into sets, and each set shall be stapled or bound, as appropriate, prior to transmittal to the OWNER ' C Disorganized submittals which do not meet the requirements above will be returned without review ' SEWAGE PUMP STATION CE -1 UPGRADE - SUBMITTAL REQUIREMENTS PUMPING EQUIPMENT PROCUREMENT 01300 -1 MAY 2011 D For most submittals, the OWNER will return prints of each submittal to the SELLER with Its ' comments noted thereon, within 7 calendar days following receipt by the OWNER It is considered reasonable that the SELLER shall make a complete and acceptable submittal to the OWNER by the second submission of a submittal Item The OWNER reserves the right to withhold monies due to the SELLER to cover additional costs of the OWNER's review beyond the second submittal E If a submittal Is returned to the SELLER marked "NO EXCEPTIONS TAKEN," formal t revision and resubmission of said submittal will not be required F If a submittal is returned marked "MAKE CORRECTIONS NOTED," SELLER shall make the corrections on the submittal, but formal revision and resubmission of said submittal will not be required G If a submittal is returned marked "AMEND- RESUBMIT," the SELLER shall revise said submittal and shall resubmit the required number of copies of said revised submittal to the OWNER for review ' H If a submittal is returned marked "REJECTED- RESUBMIT," it shall mean that the submitted material or product does not satisfy the specification The SELLER shall prepare a new submittal and shall resubmit the required number of copies of said revised submittal to the OWNER for review I Fabrication of an Item shall be commenced only after the OWNER has reviewed the pertinent submittals and returned copies to the SELLER marked either "NO EXCEPTIONS TAKEN" or MAKE CORRECTIONS NOTED " Corrections Indicated on submittals shall be considered as changes necessary to meet the requirements of the Contract Documents and shall not be taken as changes to the contract requirements J All submittals shall be carefully reviewed by an authorized representative of the SELLER, prior to submission to the OWNER Each submittal shall be dated, signed, and certified by the SELLER, as being correct and in strict conformance with the Contract Documents In the case of Shop Drawings, each sheet shall be so dated, signed, and certified The ' OWNER will only review submittals which have been so certified by the SELLER All non - certified submittals will be returned to the SELLER without action taken by the OWNER, and any delays caused thereby shall be the total responsibility of the SELLER K The OWNER's review of submittals shall not relieve the SELLER of the entire responsibility for the correctness of details and dimensions The SELLER shall assume all responsibility and risk for any misfits due to any errors In submittals The SELLER shall be responsible ' for the dimensions and the design of adequate connections and details 1.4 ADMINISTRATIVE SUBMITTALS ' A Submittals that are not Shop Drawings or Samples, or that do not reflect quality of product or method of construction may Include, but not be limited to ' 1 Applications for payment 2 Construction photographs ' SEWAGE PUMP STATION CE -1 UPGRADE - SUBMITTAL REQUIREMENTS ' PUMPING EQUIPMENT PROCUREMENT 01300 -2 MAY 2011 3 Progress reports ' 4 Progress schedules 1 5 Schedule of values 6 Schedule of estimated progress payments 7 Training materials ' 8 Training schedules 9 Submittals required by laws, regulations, and governing agencies 1.5 QUALITY CONTROL SUBMITTALS A Quality Control submittals may Include, but not be limited to ' 1 Manufacturer's Instructions 2 Certificates /Certifications a Manufacturer's b Inspection ' c Governing Agency's 3 Manufacturer's field service reports 4 Manufacturer's test reports 5 Operation and maintenance data 6 Operation and maintenance manuals ' 7 Quality control plan 8 Reports (inspection and test) 9 Statements of qualifications 10 Test specimens ' SEWAGE PUMP STATION CE -1 UPGRADE - SUBMITTAL REQUIREMENTS PUMPING EQUIPMENT PROCUREMENT 01300 -3 MAY 2011 1.6 TECHNICAL MANUAL ' A The SELLER shall submit a manual for the pumping equipment which shall Include detailed technical Information for equipment operation, maintenance, repair, and overhaul ' It shall be written so that It can be used and understood by the OWNER'S operation and maintenance staff The TM shall consist of one or more volumes Each volume of the TM shall consist of a standard size binder, "D ° -nng, loose -leaf, vinyl plastic hard cover binder ' suitable for bookshelf storage Binder ring size shall not exceed 2 5 inches A global table of contents shall be provided for each volume Each volume shall have appropriate labeling on the front and side, indicating City of Bremerton, pump station name, volume number, and year of contract B Operational, repair and overhaul procedures, at a minimum, shall Include • Installation ' • Adjustment • Startup • Location of controls, special tools, equipment required, or related instrumentation ' needed for operation • Operation procedures • Load changes a • Calibration • Shutdown • Troubleshooting • Disassembly • Reassembly • Realignment • Testing to determine performance efficiency • List of all electrical relay settings including alarm and contact settings B (Preventive) Maintenance procedures shall Include all manufacturer - recommended procedures to be performed on a periodic basis, both by removing and replacing the equipment or component, and by leaving the equipment In place Include the following schedules Recommended frequency of preventive maintenance procedures, Lubrication schedules, Including lubricant SAE grade, type, and temperature ranges C Spare Parts List A complete parts list shall be furnished, including a generic description and manufacturer's identification number for each part The list shall include the current ' list price of each spare part The list shall include those spare parts which each manufacturer recommends be maintained by the OWNER in Inventory at the plant site Each manufacturer or supplier shall indicate the name, address, and telephone number of Its nearest outlet of spare parts to assist the OWNER In ordering Addresses and telephone numbers of the nearest supplier and parts warehouse shall be included Cross - sectional or exploded view drawings shall accompany the parts list ' D Wiring Diagrams shall Include complete internal and connection wiring diagrams for electrical equipment items ' E The SELLER shall furnish to the OWNER 4 Identical TMs The draft TMs shall be submitted in draft form to the OWNER no later than 10 days following pump delivery to the OWNER The SELLER shall correct discrepancies noted by the OWNER and resubmit the ' final version within 30 days from the date of return of marked -up draft to the SELLER SEWAGE PUMP STATION CE -1 UPGRADE - SUBMITTAL REQUIREMENTS ' PUMPING EQUIPMENT PROCUREMENT 01300 -4 MAY 2011 F Incomplete or unacceptable manuals at the end of the 30 day period shall constitute sufficient justification to retain 10% of the total contract amount until the manual Is ' approved PART 2 - PRODUCTS (Not Used) t PART 3 - EXECUTION (Not Used) ' END OF SECTION SEWAGE PUMP STATION CE -1 UPGRADE - SUBMITTAL REQUIREMENTS PUMPING EQUIPMENT PROCUREMENT 01300 -5 MAY 2011 CITY OF BREMERTON _ SUBMITTAL Submittal No Date Proje;,t ^ Resubtrittal (Yfjd) Contranor Projac,t No, Previous Submittal No To Be Completed by the Con+vactor To Be Completed by the City Specification No Mako Amena Item P/C Para I Qvag Copies lxceptions Corrections and Rejected No (`) Reterence bescription of Item sub'm Taken Noted Resubmit Resubmit P Partial Submittal C - Complete Submittal Contrdrtor initial by either (d) or (b), to cemty the toliowing ta) We have verified that the material or equipment contained in this sultmmai meets all requirements specified or shown (no cAceptions) (b) We have verified that the material or egwpment Contained in tuna submiri.91 meats al, requiremems sj'+ecjfied or showat, except for the following del rations (list deviations) Contractors Authorized Representbtive Review Remark Corrections or commcnts made relavve to .%Onl+ttais dunng to a review do not relieve ins conaactot fro'n Very truly yours, i- ompliance with the requirements of the orawirigs and sped+ncstions This check is or+ for reilevi of City of Bremerton general conformance with the design concept of the project and general rompteanre wAb the informatioi Kept o" Public Works ano Uttirnes gweti +n lire COnV7Ct dnCtimQn[b Tiie cootr.cior is responsible for conhrm,ng eno correititing al gJantiiii,g and dimensions, selecting ratmestlon ptocessae and techniques of construction coordina his work with that of otter trades and prrn>mmny his worn in d safe and sat+stactory manner Project Ergmeer _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ SECTION 01600 PRODUCT DELIVERY, STORAGE, AND HANDLING PART 1- GENERAL 1.1 SUMMARY A Section Includes 1 Scheduling of product delivery 2 Packaging of products for delivery 3 Protection of products against damage from a Handling b Exposure to elements or harsh environments B Related Sections include but are not necessarily limited to ' 1 Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 2 Division 1 - General Requirements C Payment 1 No payment will be made to Seller without approved shop drawings 1.2 DELIVERY AND UNLOADING A Scheduling ' 1 Seller shall make all arrangements for transportation and delivery of equipment and materials to the Point of Delivery 2 Schedule delivery of products or equipment in accord with the Contract time requirements stipulated in Section 00500 Agreement ' 3 Indicate delivery on schedule and coordinate with Installation Contractor and Buyer accordingly a Shipments shall be delivered only during regular working hours ' B Packaging 1 Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or ' environmental damage C Identification 1 Clearly and fully mark and identify as to manufacturer, project name, item, and installation location ' 2 Partial deliveries of component parts shall be clearly marked to identify the equipment, to permit easy accumulation of parts and to facilitate assembly D Protection and Handling 1 Provide manufacturer's instructions for storage and handling to Installation Contractor E Delivery and unloading 1 Seller shall deliver all parts and equipment to point of delivery indicated in 01600 1 3A 2 Seller or his representative shall supervise unloading of equipment, and Buyer 3 Seller shall give Buyer and Installation Contractor a minimum of 48 hours notice prior to shipping the goods 4 Seller shall give Buyer and Installation Contractor a minimum of 24 hours written notice as to the time and date of delivery 6 Goods must be delivered between 8 00 a m and 3 00 p m , Mondays through Thursdays a No deliveries on weekends accepted SEWAGE PUMP STATION CE -1 UPGRADE - PRODUCT DELIVERY, STORAGE, AND HANDLING PUMPING EQUIPMENT PROCUREMENT 01600 -1 ' MAY 2011 b No deliveries on holidays accepted c Buyer and Installation Contractor have no obligation to accept products before or after specified times of day 1.3 POINT OF DELIVERY A Point of delivery shall be City of Bremerton ATTN Pat Coxon / Rick Zimburean 1600 Oyster Bay Ave S Bremerton, WA 98312 PART 2 - PRODUCTS - (NOT USED) ' PART 3 - EXECUTION 3.1 PROTECTION, STORAGE AND HANDLING A Manufacturer's Instruction 1 Protect all products or equipment in accordance with manufacturer's written directions a Store products or equipment in locations to avoid physical damage to items while in storage b Handle products or equipment in accordance with manufacturer's recommendations and instructions 2 Protect equipment from exposure to elements and keep thoroughly dry If necessary, provide packaging and equipment protection suitable for outdoor exposure during shipment a B Painted surfaces shall be protected against impact, abrasion, discoloration, and other damage Painted equipment surfaces that are damaged prior to acceptance shall be repainted ' 1 All parts shall be protectively wrapped and /or packaged, using materials commensurate with the weight and configuration of the part, the method of handling, and the method of transportation 2 Contact or pressure points shall be sufficiently protected when using steel or elastic banding 3 Cabinets and equipment too heavy to be handled or transported by one man shall be adapted for handling with pallet trucks and /or forklifts 4 Painted surfaces which will come in contact with lifting forks or other handling equipment (such as the bottom of cabinets or skid base frame members) shall be sufficiently padded with heavy corrugated cardboard, foam or other protective materials 5 Small equipment and skids shall be mounted on wooden pallets designed for fork lifting This equipment shall be bolted (using existing holes In the frame) or strapped to the pallet to prevent tipping Equipment and skids too large to be mounted on pallets shall have wooden block bolted or strapped to the base foundation pads to prevent paint degradation during handling, assembly and installation C Electrical equipment, controls, and Instrumentation shall be protected against moisture or water damage SEWAGE PUMP STATION CE -1 UPGRADE - PRODUCT DELIVERY, STORAGE, AND HANDLING PUMPING EQUIPMENT PROCUREMENT 01600 -2 MAY 2011 3.2 STORAGE FACILITIES ' A Storage 1 Buyer shall store equipment after delivery 2 Buyer and Installation Contractor shall store and protect equipment in accordance with the following requirements a Store Immediately upon delivery b Store products in accordance with Seller's Instructions c Store electrical equipment in weathertight structures d Protect electrical equipment, controls and Insulation against moisture, water, and dust damage e Connect and operate continuously all space heaters furnished in electrical equipment f Store fabricated products above the ground, on blocking or skids, prevent soiling or staining g Arrange storage in a manner to provide easy access for inspecting Make periodic inspections of stored products to assure that products are maintained under specific conditions, and free from damage or deterioration 3.3 FIELD QUALITY CONTROL A Inspect Deliveries 1 Seller shall inspect all products or equipment delivered to the site prior to unloading Reject all products or equipment that are damaged, used, or in any other way unsatisfactory for use on Protect END OF SECTION t ' SEWAGE PUMP STATION CE -1 UPGRADE - PRODUCT DELIVERY, STORAGE, AND HANDLING PUMPING EQUIPMENT PROCUREMENT 01600 -3 MAY 2011 t SECTION 01650 EQUIPMENT TESTING AND STARTUP 1 PART 1 - GENERAL (NOT USED) PART 2 - PRODUCTS - (NOT USED) PART 3 - EXECUTION 3.1 GENERAL ' A Reference Sections 11060 and 11076 for testing and start-up requirements r END OF SECTION 1 1 ' SEWAGE PUMP STATION CE -1 UPGRADE - SYSTEM STARTUP AND TESTING PUMPING EQUIPMENT PROCUREMENT 01650 -1 MAY 2011 1 !� !�"� O �� V1 F !� W � � Q a w ' PUMPING EQUIPMENT: DRY -PIT SUBMERSIBLE NON -CLOG ' SECTION 11076 PART 1 - GENERAL 1.1 SUMMARY A Section Includes 1 Dry pit submersible non -clog pumps B Related Sections Include but are not necessarily limited to 1 Division 0 2 Division 1 3 Section 11060— Pumping Equipment Basic Requirements ' 1.2 QUALITY ASSURANCE ' A Referenced Standards 1 American Iron and Steel Institute (AISI) a Steel Products Manual 2 American Nation Standard Institute (ANSI) ' 3 ASTM International (ASTM) a A48, Standard Specification for Gray Iron Castings 4 Factory Mutual (FM) ' 5 Hydraulic Institute Standards for Centrifugal, Rotary and Reciprocating Pumps (HI) 6 National Electrical Manufacturer's Association (NEMA) a 250, Enclosures for Electrical Equipment (1000 Volts Maximum) 7 National Fire Protection Agency (NFPA) a 70, National electrical Code (NEC) 8 Underwriters Laboratories, Inc (UL) 9 Hydraulic Institute Centrifugal and Vertical Pumps - Vibration Measurements and Allowable Values (ANSI /HI 9 6 4 (M121)), January 2000 1.3 SYSTEM DESCRIPTION A Supply and test two (2) electric dry-pit submersible non -clog wastewater pumps, including motor, volute, base, impeller, discharge elbow, power cable(s) and accessories, in accordance with these specifications Pumps will be Installed by others B Motors shall be suitable for submersion and operation at the high temperature of 104 degrees F as specified by the National Electrical Manufacturers Association (NEMA) and ' Factory Mutual (FM) C Motor cooling shall be accomplished using an internal "closed -loop" system "Open loop" cooling which employs a portion of the pumped sewage for cooling the pump motor Is not permitted ' D Pumps shall be rated for operating with existing variable frequency drives (VFDs) PUMPING EQUIPMENT DRY -PIT SUBMERSIBLE NON -CLOG SEWAGE PUMP STATION CE -1 11076 -1 PUMPING EQUIPMENT PROCUREMENT MAY 2011 E Provide single source coordination responsibility through the pump manufacturer or ' supplier for pump, motors, and mechanical seals 1.4 SUBMITTALS A The following Information shall be submitted by the successful bidder 1 Certified pump performance data and curves with flow (gpm), head (FT), horsepower, efficiency, NPSH requirements, and submergence requirement in accordance with ANSI /HI 11 6 for dry-pit submersible pumps acceptance Level B 2 Certified factory test curves 3 Dimension and basic configuration sheets 4 Materials of construction, coatings used 5 Solids passage information 6 Critical speed and half critical speed data for each pump model 7 Pump motor FM and UL certification 8 Certification that pump was dynamically balanced in accordance with these ' specifications 9 Source Quality Control test reports from tests performed in accordance with 11076 26 10 Spare parts list 11 Manufacturer's delivery, storage, handling, and Installation instructions 12 Typical pump pedestal design /layout 13 Equipment installation and anchorage details 14 Printed Warranty 15 Nameplate data 16 Manufacturer's start-up report forms 17 Acknowledgement that submitted pump complies with the requirements of these specifications 18 Four (4) Technical (O &M) Manuals per 01300, submitted in 8 -1/2" x 11" notebooks 19 Vibration a Manufacturer's recommendations for minimizing vibration of Installed pumps b Vibration monitoring reports for testing performed in accordance with 11076 3 2 c Certification from vibration testing company that monitoring equipment meet ' specifications 20 A copy of this specification, Indicating with check marks and comments where product does not meet specification ' PART 2 - PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A Subject to compliance with the Contract Documents, the following manufacturers are ' acceptable 1 ITT Flygt 2 WEMCO Hidrostal , 2.2 MATERIALS A Dry Pit Application PUMPING EQUIPMENT DRY -PIT SUBMERSIBLE NON -CLOG ' SEWAGE PUMP STATION CE -1 11076 -2 PUMPING EQUIPMENT PROCUREMENT MAY 2011 ' 1 Pump base, volute, discharge elbow, and motor housing Cast Iron, ASTM A48, Class 30 ' 2 Impeller shall be hl- chrome with Brinell Hardness greater than 350 3 Shaft Stainless steel, ANSI, Series 300 or 400 4 Wear rings Stainless steel (Brinell Hardness 300 -350) 5 0-rings Viton or Buna -N (Nitrite) 6 Exposed nuts and bolts Stainless steel, ANSI, Series 300 or 400 7 Lower and upper ring seal Tungsten - carbide and silicon- carbide both faces Alternate materials will be considered but will require review /approval -- ' 2.3 EQUIPMENT ' A Performance and Configuration Requirements - 1 Two submersible non -clog wastewater pumps a Operating points for single pump operation at full speed 1) Primary operating point 1500 gpm at 167 feet TDH with minimum 65% ' hydraulic efficiency 2) Shut -off head 250 feet TDH minimum b Pump speed 1800 RPM maximum ' c Nameplate driver horsepower 1) 105 Hp minimum 2) 160 Hp maximum ' d Solids passage 3 IN minimum e Suction elbow 10 -inch, standard ANSI flange at both ends Inspection /cleanout and drainage ports shall be provided f Discharge 6 -Inch, standard ANSI flange If different, supplier shall provide any transition couplings and modifications required to discharge piping g Motor Requirements See section 2 4 F h Wastewater characteristics ' 1) Temperature 80 DegF maximum 2) Raw, unscreened sewage with solids I NPSHR Not to exceed 30 feet at primary operating point 2.4 COMPONENTS A General 1 Provide pumps capable of handling solids, fibrous materials, heavy sludge, grit and other matter found In raw unscreened sewage 2 Surfaces of all water passages shall be smooth and free from all pits and projections which might cause undesirable turbulence 3 Where watertight sealing is required, machine and fit mating surfaces with O -rings 4 Provide with heavy duty lift lugs or hoisting ball designed for lifting the entire pump ' and motor assembly B Impeller 1 Provide dynamically balanced non -clog Impeller in accordance with Hydraulic Institute standards 2 Impeller shall be open - style, such as ITT Flygt N -style or WEMCO Hldrostal Screw Centrifugal ' 3 Provide removable and readily replaceable impeller and volute wear rings as necessary to assure efficient sealing between volute and impeller PUMPING EQUIPMENT DRY -PIT SUBMERSIBLE NON -CLOG SEWAGE PUMP STATION CE -1 11076 -3 PUMPING EQUIPMENT PROCUREMENT MAY 2011 4 Material shall be in accordance with Paragraph 2 2 ' C Pump Base 1 Pump base shall be cast Iron or steel, suitable for mounting to pedestal The base ' shall attach to pedestal with minimum 4 anchor bolts 2 The base shall allow easy access to the Inspection port on the suction elbow 3 The base shall be designed such that suction elbow can be removed without requiring removal of the pump from the base D Shaft ' 1 Design pump shaft of sufficient size to transmit full driver output 2 Shall be solid, continuous shaft with pump shaft being an extension of motor shaft 3 First critical speed to be at least 20% above maximum operating speed 4 Design shaft for a maximum deflection of 0 002 IN measured at the stuffing box 5 Shaft Slenderness ratio L /D < = 60 6 Shaft Mechanical Seal a Seal shaft with two Independent, tandem mounted seals running in an oil filled ' chamber that lubricate lapped seal faces at constant rate b Provide seals requiring neither routine maintenance nor adjustment, but capable of being easily inspected and replaced c Hold interface in contact by its own spring system A common spring holding upper and lower seals faces is unacceptable d Unacceptable seals and seal systems proprietary design, seals manufactured by other than major seal manufacturing companies, seals requiring set screws, pins or other mechanical devices to hold seal in place, cartridge type systems, systems using pumped media for lubrication e Silicon carbide, tungsten - carbide or equal E Bearings 1 Support shaft on upper and lower permanently lubricated bearings with a minimum m B -10 life of 50,000 HRS at 65% BEP F Motors 1 Service Factor 1 15 minimum 2 Motor efficiency 85 percent minimum 3 Power factor 78 percent minimum 4 Motors shall be inverter duty rated and specifically designed for inverter service for ' the speed range and load torque characteristic required by the associated dnven equipment Motor insulation shall be designed to meet or exceed the 1600 -volt peak at a minimum of 0 1 microsecond nse time per NEMA MG 1, Part 31 ' 5 Motor shall utilize a close -loop system for cooling Motors that use open -loop cooled (septage - cooled) systems are unacceptable 6 Motor shall be capable of withstanding a reverse overspeed of 150 percent of rated synchronous speed ' 7 Motor shall be capable of handling 12 equally spaced starts per hour 8 Motor shall be vertically mounted on pump 9 Motor shall be FM listed, designed for NEC Class I, Division 1, Group C and D ' hazardous locations 10 Shall be capable of continuous operation while submerged at 15 feet for 1 week PUMPING EQUIPMENT DRY -PIT SUBMERSIBLE NON -CLOG SEWAGE PUMP STATION CE -1 11076 -4 PUMPING EQUIPMENT PROCUREMENT MAY 2011 11 Induction type with squirrel cage rotor, constructed with epoxy or poly -seal encapsulated windings, air- filled, with Class F Insulation and rated for continuous duty operation ' 12 The motor shall be designed to operate at full load with a Class B (80 C) temperature rise as defined in NEMA MG1 when operating over the specified pumping range with VFDs 13 Motor shall be 3 phase, 60 cycle, 480V Voltage tolerance +/- 10% 14 Motor Thermal Protection Furnish each motor with a temperature monitor switch rated at 120VAC embedded In the motor windings Set temperature of monitors at not higher than 90 percent of insulation temperature rating Monitor shall be connected to the control panel 15 Provide monitoring relay for motor thermal overload and leak detection Install and terminate per manufacturer's instructions Relay shall operate based on current sensing, have contact ratings of not less than 8 amperes at 250VAC, be manually reset In the event of thermal overload, and automatically reset in the event of a leak G Power and Control Cables 1 Provide UL listed power and control cable to pump suitable for submersible applications in wastewater and indicate it by NEC markings permanently embossed ' on cable surface 2 Size cables In accordance with applicable NEC specifications 3 Provide 50' of power and control cable for each pump to reach function box 4 Provide each cable with a strain relief, cord grip, and explosion proof seal installed in accordance with NEC Article 500 Manufacturer shall ensure that explosion proof seals are compatible with function box (NEMA 4x stainless steel) being used in the contract to meet immersion requirements ' 5 Power and control cables shall be integrated into a single cable 6 Include a ground conductor for each power cable H Seal Failure Warning System 1 Provide electrical probe or float leak sensor as needed for detecting the presence of water in the seal chamber and motor housing 2 If water enters, the electrical probe or float leak sensor shall energize electrical circuit ' to Initiate alarm circuit 3 Stator leakage alarm contacts for 120VAC (2VA max) remote Indication In the VFD panel 4 Shall continuously monitor the pump's ground conductor and circuitry for open circuits, corrosion and loose connections ' I Coatings 1 Pump casing and motor housing shall be factory- coated with a polyamidoamine epoxy coating 2 Protect all metallic surfaces coming Into contact with sewage except stainless steel and bronze by a corrosion - resistant coating J Nameplates ' 1 Furnish each pump with an engraved or stamped 316 SS nameplate, including but not limited to the following Information a Manufacturer ' b Date of manufacturer c Model and size ' PUMPING EQUIPMENT DRY -PIT SUBMERSIBLE NON -CLOG SEWAGE PUMP STATION CE -1 11076 -5 PUMPING EQUIPMENT PROCUREMENT MAY 2011 d Serial Number ' e Rating in mgd and feet of head f Speed g Radial bearing size and lubrication schedule ' h Thrust bearing size and lubrication schedule I Lubrication Type Weight of motor, Impeller, and volute ' 2 Include motor electrical data as provided by the manufacturer 2.6 SOURCE QUALITY CONTROL , A The following Inspections and tests shall be performed on each pump before shipment from the factory Submit threes copies of the test reports, including actual test records 1 Check impeller balancing, motor rating, and electrical connections for compliance , with these specifications 2 Test pump hydraulics at shutoff head, minimum speed, design speed and one ' additional speed for stable operation and vibration Run all tests In accordance with the test code for centrifugal pumps of the Standards of the Hydraulic Institute, latest edition 3 Cable and motor electrical Integrity test 0 a Prior to submergence, run pump dry to establish correct rotation and mechanical Integrity b Perform a high potential (high pot) test on the motor and cable before submergence c Run pump for 30 minutes submerged, a minimum of 6 FT under water d Perform a high potential (high pot) test on the motor and cable after submergence 2.7 SPARE PARTS A One (1) set of wear rings for each pump 2 sets total B One (1) Impeller for each pump (Including cutter assembly kit, if applicable), 2 total 2.8 WARRANTY A Minimum 5 -year full warranty of the pump free of defects in material and workmanship, beginning from the date of testing completion B The City will provide labor and equipment for removing and reinstalling the pump at the station, including provision of cranes and /or boom trucks for moving the pump In and out of the building The Vendor shall pay for shipping and handling between the pump station and the vendor's facility, both directions ' PUMPING EQUIPMENT DRY -PIT SUBMERSIBLE NON -CLOG ' SEWAGE PUMP STATION CE -1 11076 -6 PUMPING EQUIPMENT PROCUREMENT MAY 2011 ' PART 3 - EXECUTION 3.1 INSTALLATION A Pumps shall be Installed by others 3.2 VIBRATION TESTING FOR INSTALLED PUMPS: A Pump supplier shall provide acceptable testing agency specialized in the field of baseline vibration testing and machinery condition diagnosis on all rotating equipment, Including drivers The following companies are acceptable 1 DLI Engineering Corporation, Bainbridge Island, WA ' 2 Balancing Services Company, Seattle, WA 3 Diamond Technologies, Inc, Poulsbo, WA 4 JGL Acoustics, Inc, Bellevue, WA 5 Vibra- Metrics, Inc, Hamden, CT B Diagnosis to Include machinery condition diagnosis based on an acceptable machinery vibration severity guide or machinery fault guide analysis provided by the testing agency and approved by the Engineer Pump maximum allowable vibration shall be pursuant to ANSI /HI 9 6 4 Additional Items to be evaluated include 1 Misalignment ' 2 Unbalance (excessive vibration) 3 Bent Shaft 4 Mechanical Looseness ' 5 Resonance 6 Pump Problems ' C Equipment Vibration Monitoring and Testing 1 Each pump shall have a field vibration test performed at 1 Hz Increments from 60% to 100% speed 2 Equipment shown to be out of range of the specified tolerance per ANSI /HI 9 6 4 ' shall be repaired or replaced until the equipment meets the specified normal operation range required by ANSI /HI 9 6 4 3 Provide three (3) final reports that Include the acceptance criteria of all equipment ' furnished under this contract The report shall include Initial testing results, acceptance criteria, corrective action taken to meet acceptance, verification of corrective action and acceptance report and baseline ' D Requirements for vibration monitoring equipment 1 Requirements for vibration analysis instrumentations a Frequency response 0 18 Hz to 25 kHz ' b Resolution 6400 lines c Amplitude range 18 bit for 96 dB dynamic range d Supports Measurements, acceleration, velocity, displacement, envelope ' demodulation for bearing defect detection e Capable of two -place computer balancing PUMPING EQUIPMENT DRY -PIT SUBMERSIBLE NON -CLOG SEWAGE PUMP STATION CE -1 11076 -7 PUMPING EQUIPMENT PROCUREMENT MAY 2011 2 Requirements for vibration sensor a Sensitlty - +/- 5 percent at 25 C = 100 mV /g b Acceleration Range = 80 g peak c Amplitude Nonlinearity = 1 percent ' d Frequency Response +/ -5 percent= 3 -5,000 Hz, +/ -10 percent= 1 -9,000 Hz 3.3 TESTING AND START -UP , A After the pumps have been completely Installed and wired, the supplier or manufacturer shall perform the following testing activities and assist in pump start-up The Supplier, 1 City staff, and Contractor /Installer shall coordinate as needed to perform this work a Megger stator and power cables b Check seal lubrication ' c Check for proper rotation d Check power supply voltage e Measure motor operating load and no load current ' f Check level control operation and sequence During this Initial inspection, the manufacturer's service representative shall review recommended operation and maintenance procedures with the owner's personnel (minimum 4 hours) END OF SECTION 1 PUMPING EQUIPMENT DRY -PIT SUBMERSIBLE NON -CLOG SEWAGE PUMP STATION CE -1 11076 -8 PUMPING EQUIPMENT PROCUREMENT MAY 2011 AGREEMENT CERTIFICATE ' (if Corporation) STATE OF� ) �V` ) SS COUNTY OF I HEREBY ERTIFY that a meeting of the Board of Directors of the J,4� 4 corporation existing under the laws of the State of held on %71 2 m -I , 2011, the following resolution was my passed and adopted 1 "RESOLVED, that Gv , as President of the Corporation, be and is hereby authorized to execute the Agreement dated , ' 2011, by and between this Corporation and City of Bremerton and that his /her execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation " ' I further certify that said resolution is now in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 2011 Secretary (SEAL) SEWAGE PUMP STATION CE -1 UPGRADE - AGREEMENT PUMPING EQUIPMENT PROCUREMENT 00500 -5 MAY 2011 AGREEMENT CERTIFICATE (if Partnemhip) ' STATE OF ) , SS COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of the a partnership existing under the laws of the State of , held on ' , 2011, the following resolution was duly passed and adopted "RESOLVED, that , as - of the Partnership, be and is hereby authorized to execute the Agreement dated , 2011, by and between this Partnership and City of Bremerton and that his /her execution thereof, attested by the shall be the official act and deed of this Partnership " I further certify that said resolution is now in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand this , day of 2011 Partner (SEAL) SEWAGE PUMP STATION CE -1 UPGRADE - AGREEMENT PUMPING EQUIPMENT PROCUREMENT 00500 -6 MAY 2011