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21- Solids Handling Procurement Contract Construction Documents and Project Manual
F)� City of Bozeman Solids Handling Procurement Contract Construction Documents Project Manual Procurement February 19, 2021 HDR Project No. 10176456 i i i This page is intentionally left blank. TABLE OF CONTENTS DIVISION 00—PROCUREMENT AND CONTRACTING REQUIREMENTS 520—P520 Agmnt btw Buyer and Seller 2019 700—P700 General Conditions of the Procurement Cntr 2019 800—P800 Supplementary Conditions of the Procurement Cntr 2019 DIVISION 46—WATER AND WASTEWATER EQUIPMENT 46 2113 —MECHANICALLY CLEANED SCREENS-TRAVELLING RAKE TYPE(RAKE-J) 46 2173 —SCREENINGS WASHER 46 76 27—SCREW PRESSES 14DR Project No. 10176456 City ofBozeman Solids Handling and Headworks Procurement Contract Table of Contents 000102-1 This page is intentionally left blank. AGREEMENT BETWEEN BUYER AND SELLER FOR PROCUREMENT CONTRACT TABLE OF CONTENTS Page Article 1—Procurement Contract.................................................................................................................................1 1.01 Goods and Special Services...........................................................................................................................1 1.02 The Project....................................................................................................................................................1 1.03 Engineerr.........................................................................................................................................................1 1.04 Point of Destination.......................................................................................................................................I Article 2—Procurement Contract Times......................................................................................................................1 2.01 Time of the Essence.......................................................................................................................................1 2.02 Schedule of Procurement Contract Times .....................................................................................................1 2.03 Shop Drawings and Samples.........................................................................................................................2 2.04 Liquidated Damages......................................................................................................................................2 Article3—Procurement Contract Price........................................................................................................................2 3.01 Procurement Contract Price and Total Price................................................................................................2 Article4—Payment Procedures....................................................................................................................................3 4.01 Submittal and Processing of Applications for Payment.................................................................................3 4.02 Progress Payments;Final Payment...............................................................................................................3 Article 5—Assignment of Procurement Contract.........................................................................................................3 5.01 Assignment of Contract..................................................................................................................................3 Article 6—Procurement Contract Documents..............................................................................................................3 6.01 List of Procurement Contract Documents.....................................................................................................3 Article 7—Seller's Representations and Certifications................................................................................................4 7.01 Seller's Representations................................................................................................................................4 7.02 Seller's Certifications....................................................................................................................................4 Article8—Confidentiality............................................................................................................................................5 8.01 Confidential Information...............................................................................................................................5 8.02 Disclosure of Cot f dential Information.........................................................................................................5 8.03 Waiver oflmmanity........................................................................................................................................5 Article9—Mutual Waiver............................................................................................................................................5 9.01 Mutual Waiver of Consequential Daniages...................................................................................................5 HDR Project No.10176456 City of Bozeman Solids Handling and Headworks Procurement Contract P520 Agmnt btw Buyer and Seller 2019 520-1 AGREEMENT BETWEEN BUYER AND SELLER FOR PROCUREMENT CONTRACT This Procurement Agreement is by and between City of Bozeman, Montana ("Buyer") and HUBER Technology, Inc. ("Seller"). Terms used in this Procurement Agreement have the meanings stated in the General Conditions of the Procurement Contract and the Supplementary Conditions of the Procurement Contract. Buyer and Seller hereby agree as follows: ARTICLE 1—PROCUREMENT CONTRACT 1.01 Goods and Special Services A. Seller shall furnish the Goods and Special Services as specified or indicated in the Procurement Contract Documents.The Goods and Special Services are generally described as follows: One HUBER Q-Press 800.2 Screw Press and one HUBER Multi-Rake Bar Screen: RakeMaxo J. 1.02 The Project A. The Project, of which the Goods and Special Services are a part, is generally described as follows: Bozeman Water Reclamation Facility Solids Handling Building Expansion Project. 1.03 Engineer A. Buyer has retained HDR Engineering, Inc. ("Engineer"),to prepare Procurement Contract Documents and act as Buyer's representative. Engineer assumes all duties and responsibilities and has the rights and authority assigned to Engineer in the Procurement Contract Documents in connection with Seller's furnishing of Goods and Special Services. 1.04 Point of Destination A. The Point of Destination is designated as: The Solids Handling Building at the Bozeman Water Reclamation Facility. ARTICLE 2—PROCUREMENT CONTRACT TIMES 2.01 Time of the Essence A. All time limits for Milestones, including the submittal of Shop Drawings and Samples,the delivery of Goods, and the furnishing of Special Services as stated in the Procurement Contract Documents, are of the essence of the Procurement Contract. 2.02 Schedule of Procurement Contract Times A. The following schedule sets forth the Procurement Contract Times: Milestone Date or Days Notes No more than four weeks Submit Shop Drawings after Execution of the Agreement. Deliver acceptable Goods to No more than 24 weeks after Delivery shall be coordinated Point of Destination approval of shop drawing with the Buyer, Engineer, and submittals. Contractor. Installation,Start-Up,and See 46 76 27 Screw Press Operator Training Specification HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract P520 Agnmt bt%v Buyer and Seller 2019 520-1 See 46 2113—Mechanically Cleaned Screens-Travelling Rake Type (Rake-J) Specification See 46 2173 —Screenings Washer Specification See 46 76 27 Screw Press Specification See 46 2113—Mechanically Seller/Vendor Cleaned Screens-Travelling Representative Services Rake Type(Rake-J) Specification See 46 2173—Screenings Washer Specification 2.03 Shop Drawings and Samples A. Submittal of Shop Drawings and Samples:Seller shall submit all Shop Drawings and Samples required by the Procurement Contract Documents to Engineer for its review and approval. B. Engineer's Review: It is the intent of the parties that Engineer will conduct its review of Shop Drawings and Samples and issue its approval, or a denial accompanied by substantive comments regarding information needed to gain approval, within 14 days after Seller's submittal of such Shop Drawings and Samples, or within such longer period that is needed because of the quantity and quality of such submittals. Resubmittals will be limited whenever possible. 2.04 Liquidated Damages A. Buyer and Seller recognize that time is of the essence as stated in Paragraph 2.01,and that Buyer will suffer financial and other losses if the Goods are not delivered to the Point of Destination and ready for receipt of delivery by Buyer within the time specified in Paragraph 2.02, plus any extensions thereof allowed in accordance with this Procurement Contract. The parties also recognize that the timely performance of services by others involved in the Project is materially dependent upon Seller's specific compliance with the delivery requirements of Paragraph 2.02. Further,the parties recognize the time, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the loss (whether direct,consequential,or otherwise)suffered by Buyer if complete,acceptable Goods are not delivered on time. Accordingly, instead of requiring any such proof, Buyer and Seller agree that as liquidated damages for delay (but not as a penalty) Seller shall pay Buyer $500 for each day that expires afterthe time specified in Paragraph 2.02 for delivery of acceptable Goods.The Seller's liability of Liquidated Damages will be capped at an amount equal to 100%of the full contract price. ARTICLE 3—PROCUREMENT CONTRACT PRICE 3.01 Procurement Contract Price and Total Price A. The Procurement Contract Price is comprised of the Lump Sum amount set forth in the following paragraphs. B. Buyer shall pay Seller a Lump Sum of $605,121 for furnishing the Goods and Special Services in accordance with the Procurement Contract Documents. HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract P520 Aginnt bhv Buyer and Seller 2019 520-2 ARTICLE 4—PAYMENT PROCEDURES 4.01 Submittal and Processing of Applications for Payment A. Seller shall submit Applications for Payment in accordance with Article 13 of the General Conditions and the following paragraphs. Engineer and Buyer will process such Applications for Payment in accordance with said Article 13. 4.02 Progress Payments,Final Payment A. Seller may submit an Application for Payment requesting the stated percentage of Procurement Contract Price upon attainment of each of the following Payment Line Items: Payment Line Item (Lump Sum) Percentage of Lump Sum 1. Receipt of Approval of Shop Drawings and Samples 10 2. Delivery of Goods to Point of Destination in accordance with the 80 Procurement Contract Documents 3. Completion of Seller/Vendor Representative Services (including 5 installation, start-up, and operator training) 4. Final Payment: Correction of non-conformities, provision of final Operations and Maintenance manuals, submittal of warranties and 5 other final documentation required by the Procurement Contract Documents Total Procurement Contract Price (Lump Sum) 100 B. Buyer shall pay Seller the amount owed under an Application for Payment within 30 days after Engineer's presentation to Buyer of the Application for Payment and Engineer's recommendation. ARTICLE S—ASSIGNMENT OF PROCUREMENT CONTRACT S.01 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Procurement Contract will be binding on another party hereto without the written consent of the party sought to be bound. Specifically,but without limitation,Procurement Contract payments or other money that may become due,and Procurement Contract payments or other money that are due, may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Laws and Regulations). Unless specifically stated to the contrary in any written consent to such an assignment, such an assignment will not release or discharge the assignor from any duty or responsibility under the Procurement Contract Documents. ARTICLE 6—PROCUREMENT CONTRACT DOCUMENTS 6.01 List of Procurement Contract Documents A. The Procurement Contract Documents consist of the following: 1. This Procurement Agreement. 2. General Conditions of the Procurement Contract. 3. Supplementary Conditions of the Procurement Contract. 4. Procurement Specifications as listed in the Procurement Specifications table of contents. S. Procurement Drawings(not attached but incorporated by reference). HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract P520 Agmnt btw Buyer and Seller 2019 520-3 6. The following which may be delivered or issued on or after the Effective Date of the Procurement Contract and are not attached hereto: a. Change Orders; b. Change Directives;and C. Field Orders. B. The documents listed in Paragraph 6.01.A are attached to this Procurement Agreement (except as expressly noted otherwise above). C. There are no Procurement Contract Documents other than those listed above. D. The Procurement Contract Documents may only be amended or supplemented as provided in Paragraph 11.01 of the Procurement General Conditions. ARTICLE 7—SELLER'S REPRESENTATIONS AND CERTIFICATIONS 7.01 Seller's Representations A. In order to induce Buyer to enter into this Procurement Agreement, Seller makes the following representations: 1. Seller has examined and carefully studied the Procurement Contract Documents. 2. If, in Seller's judgment, any observable local or site conditions may affect the delivery, cost, progress, or furnishing of the Goods and Special Services, then Seller has visited the Point of Destination and site where the Goods are to be installed or Special Services will be provided(as applicable) and become familiar with and is satisfied as to the observable local and site conditions that may affect delivery, cost, progress, and furnishing of the Goods and Special Services. 3. Seller is familiar with and is satisfied as to all Laws and Regulations that may affect the cost, progress,and performance of Seller's obligations under the Procurement Contract. 4. Seller has carefully studied, considered, and correlated the information known to Seller with respect to the effect of such information on the cost, progress, and performance of Seller's obligations under the Procurement Contract. 5. Seller has given Engineer written notice of all conflicts,errors,ambiguities,or discrepancies that Seller has discovered in the Procurement Contract Documents,and the written resolution(if any) thereof by Engineer is acceptable to Seller. 6. The Procurement Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance of Seller's obligations under the Procurement Contract. 7. Seller's entry into this Procurement Contract constitutes an incontrovertible representation by Seller that without exception all prices in the Procurement Agreement are premised upon furnishing the Goods and Special Services as required by the Procurement Contract Documents. 7.02 Seller's Certifications A. Seller certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Procurement Contract. For the purposes of this Paragraph 7.02: 1. "corrupt practice"means the offering,giving,receiving,or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Procurement Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made(a)to influence the bidding process or the execution of the Procurement Contract to the detriment of Buyer, (b)to establish bid or contract prices at artificial non-competitive levels,or(c)to deprive Buyer of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Buyer, a purpose of which is to establish bid prices at artificial, non- competitive levels;and HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract P520 Agmnt btw Buyer and Seller 2019 520-4 4. "coercive practice"means harming or threatening to harm,directly or indirectly,persons or their property to influence their participation in the bidding process or affect the execution of the Procurement Contract. ARTICLE 8—CONFIDENTIALITY 8.01 Confidential Information A. Confidential information is information in documents submitted by Seller that Seller clearly and prominently labels in writing to be a trade secret, proprietary,or confidential.Such documents,if any, will be maintained in a manner that endeavors to avoid disclosing confidential information to third parties,to the extent allowed by Laws and Regulations. B. Seller shall clearly and prominently mark confidential information with the•word "CONFIDENTIAL"on each page or sheet or on the cover of bound documents.Place"CONFIDENTIAL"stamps or watermarks so that they do not obscure any of the required information on the document,either in the original or in a way that would obscure any of the required information in a photocopy of the document. 8.02 Disclosure of Confidential Information A. If Buyer is requested to disclose confidential information, or becomes legally compelled (by oral questions, interrogatories, requests for information or documents, subpoena, civil or criminal investigative demand, public information requests,or other requests under Laws and Regulations)to disclose confidential information,or is required by a regulatory body,governing agency,or controlling authority to disclose confidential information, or make any other disclosure that is prohibited or otherwise constrained by the Procurement Contract, Buyer will provide Seller with prompt notice so Seller may seek an appropriate protective order or other remedy.Seller will be solely responsible for submitting to the regulatory body, governing agency, or controlling authority any arguments, briefs, memoranda, motions, authorities,or other information in opposition to disclosure. B. Buyer's obligations with respect to confidential information are nullified by the following exceptions: 1. Confidential information becomes a part of the public domain through publication or otherwise, through no fault of the Buyer; 2. Buyer can demonstrate through suitable documentation that the confidential information was already in the Buyer's possession, and not previously marked as confidential, or was otherwise publicly available prior to the Effective Date of the Procurement Contract; 3. The confidential information is subsequently and independently disclosed to the Buyer by a third party who has a lawful right to disclose such information; 4. Buyer has a good faith belief that disclosure is required or justified;or 5. Buyer is required to disclose the confidential information by court order or by applicable Laws and Regulations. 8.03 Waiver of Immunity A. Notwithstanding any other provision of the Procurement Contract, it is stipulated and agreed that by accepting confidential information, Buyer has not and does not waive its legal immunity(if any)from suit or liability. ARTICLE 9—MUTUAL WAIVER 9.01 Mutual Waiver of Consequential Damages A. Buyer and Seller waive against each other, and against the other's officers, directors, members, partners,employees,agents,consultants,and subcontractors,any and all claims for or entitlement to incidental, indirect, or consequential damages arising out of, resulting from, or related to the Procurement Contract. If Buyer(Project Owner) assigns this Procurement Contract to a construction contractor (Contractor/Assignee), then the terms of this Paragraph 9.01.A will be binding upon the Contractor/Assignee with respect to Seller and assignor.The terms of this mutual waiver do not apply to or limit any claim by either Buyer or Seller against the other based on any of the following: HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract P520 Agmnt bhv Buyer and Seller 2019 520-5 (a)contribution or indemnification, (b) liquidated damages, (c)costs, losses,or damages attributable to personal or bodily injury, sickness, disease, or death, or to injury to or destruction of the tangible property of others, (d)intentional or reckless wrongful conduct, or(e) rights conferred by any bond provided by Seller under this Procurement Contract. IN WITNESS WHEREOF, Buyer and Seller have signed this Procurement Agreement. Counterparts have been delivered to Buyer and Seller. The Effective Date of the Procurement Contract is[date to be inserted at the time of execution]. ,"111111111ir'J, Buyer Seller �`��`,��CH Np�O•��� POR,�• �'�': City of Bozeman,Montana Huber Technology,Inc. J;•• (typed or printed name of org iization) (typed or ed name of organiza=! ; C n to•,2 By: By: (individual';signature) (iradividual'ssignadlJie) i4 .' Date: Date: February 22,2021 (date signed) (date signed) Name: Name: Henk-Jan van Ettekoven (typed orprinted) (typed ot•printed) Title: Title: President (typed orprinted) (typed orprinted) (lf Seller is a corporation,a partnership, or a joint venture, attach evidence ofautho ity to sign.) Attest: Attest: Josey Chan (individual';signahrre) i dtvidtra!'s signature) Title: Title: Contract Administrator (typed or printed) (typed or printed) Address for giving notices: Address for giving notices: 1009 Airlie Parkway Denver,NC 28037 Designated Representative: Designated Representative: Name: Name: Josh Queen (tjped orprinted) (typed orprinted) Title: Title: Sales Representative (typed orprinted) (typed orprinted) Address: Address: Goble Sampson Associates 6355 Ward Rd.,Suite 200 Arvada,CO 80004 Phone: Phone: (303)815-8257 Email: Email: jqueen@goblesampson.com (If Buyer is a corporation,attach evidence of authority to sign.ff Buyer is a public body,attach evidence of authority to sign and resohition or other documents authorizing execution of this Agreement) HDR Project No.10176456 City of Bozeman Solids Handling and Headworks Procurement Contract P520 Agmnt btw Buyer and Seller 2019 520-6 t HDR Project No.10176456 City of Bozeman Solids Handling and Headworks Procurement Contract P520 Agmnt btw Buyer and Seller 2019 520-1 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 Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE PROCUREMENT CONTRACT Prepared By down — ... — ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE ACEC Ab1ERICAN COUNCIL OF ENGINEERING COMPANIES ASCE AMERICAN SOCIETY OF CIVIL ENGINEERS NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS EJCDC®P-700,Standard General Conditions of the Procurement Contract. Copyright®2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Copyright° 2019 National Society of Professional Engineers 1420 King Street,Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above.The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. The use of this document is governed by the terms of the License Agreement for the 2019 EJCDC° Procurement Series Documents. NOTE: EJCDC publications may be purchased at www.emcdc.org,or from any of the sponsoring organizations above. EJCDC®P-700,Standard General Conditions of the Procurement Contract. Copyright®2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. GUIDELINES FOR USE OF EJCDC° P-700, STANDARD GENERAL CONDITIONS OF THE PROCUREMENT CONTRACT 1.0 PURPOSE AND INTENDED USE OF THE DOCUMENT EJCDC° P-700,Standard General Conditions of the Procurement Contract(2019), is one of the foundation documents for the EJCDC Procurement Series. The General Conditions define the basic rights, responsibilities, risk allocations, and contractual relationship of the Buyer and Seller, and establish how the Procurement Contract is to be administered. The term "Procurement" as used by EJCDC refers to the purchase of Goods (typically equipment or systems that will be installed in a facility, or in some cases construction materials) and related Special Services.The purchaser("Buyer") is the Project Owner; and in most cases such a purchase will be initiated in the early stages of a project, before the overall design is complete and before the Project Owner has selected and brought a construction contractor under contract. The Seller will be either a manufacturer or a vendor/supplier. The EJCDC Procurement Series of documents provides the user with forms and documents for obtaining bids from prospective Sellers, and for establishing the Procurement Contract itself. 2.0 OTHER DOCUMENTS EJCDC documents are intended to be used as a system and changes in one EJCDC document may require a corresponding change in other documents. Other EJCDC documents may also serve as a reference to provide insight or guidance for the preparation of this document. These General Conditions have been prepared for use with EJCDC° P-520,Agreement Between Buyer and Seller for Procurement Contract (2019 Edition). The provisions of the General Conditions and the Procurement Agreement are interrelated, and a change in one may necessitate a change in the other. To prepare supplementary conditions that are coordinated with the General Conditions, use EJCDC° P-800, Supplementary Conditions of the Procurement Contract (2019). If a Supplementary Condition will alter the standard provisions of the General Conditions,the user should determine whether changes are needed in other Procurement Contract Documents, or in the Procurement Bidding Requirements. The full EJCDC Procurement series of documents is discussed in EJCDC° P-001, Commentary on the 2019 EJCDC Procurement Documents (2019). 3.0 ORGANIZATION OF INFORMATION All parties involved in a construction project benefit significantly from a standardized approach in the location of subject matter throughout the documents. Experience confirms the danger of addressing the same subject matter in more than one location; doing so frequently leads to confusion and unanticipated legal consequences. Careful attention should be given to the guidance provided in EJCDC° N-122/AIA°A521, Uniform Location of Subject Matter(2012 Edition)when preparing documents. EJCDC° N-122/AIA°A521 is available at no charge from the EJCDC website,www.ejcdc.org, and from the websites of EJCDC's sponsoring organizations. EJCDC®P-700,Standard General Conditions of the Procurement Contract. Copyright"2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Guidelines Page 1 of 2 If CSI MasterFormat"' is used for organizing the project manual, consult CSI MasterFormat"' for the appropriate document number (e.g., under 00 1100, Advertisements and Invitations), and accordingly number the document and its pages. 4.0 EDITING THIS DOCUMENT When preparing P-700 for inclusion in Procurement Bidding Documents or in a Procurement Contract, remove these Guidelines for Use. Some users may also prefer to remove the two cover pages. Although it is permissible to revise the Standard EJCDC Text of P-700(the content beginning at page 1 and continuing to the end), it is common practice to leave the Standard EJCDC Text of P-700 intact and unaltered, with modifications and supplementation of P-700's provisions set forth in EJCDC° P-800, Supplementary Conditions of the Procurement Contract (2019). If the Standard Text itself is revised,the user must comply with the terms of the License Agreement, Paragraph 4.0, Document-Specific Provisions, concerning the tracking or highlighting of revisions. The following is a summary of the relevant License Agreement provisions: 1. The term "Standard EJCDC Text" for P-700 refers to all text prepared by EJCDC in the main body of the document. Document covers, logos, footers, instructions, or copyright notices are not Standard EJCDC Text for this purpose. 2. During the drafting or negotiating process for a procurement contract based on P-700, it is important that the two contracting parties are both aware of any changes that have been made to the Standard EJCDC Text.Thus, if a draft or version of P-700 purports to be or appears to be an EJCDC document,the user must plainly show all changes to the Standard EJCDC Text, using"Track Changes" (redline/strikeout), highlighting, or other means of clearly indicating additions and deletions. 3. If P-700 has been revised or altered and is subsequently presented to third parties (such as potential bidders, grant agencies, lenders, or sureties) as an EJCDC document, then the changes to the Standard EJCDC Text must be shown, or the third parties must receive access to a version that shows the changes. 4. Once the document is ready to be finalized(and if applicable executed by the contracting parties), it is no longer necessary to continue to show changes that were made to the Standard EJCDC Text. The user may produce a final version of the document in a format in which all changes are accepted, and the document at that point does not need to include any "Track Changes," redline/strikeout, highlighting, or other indication of additions and deletions to the Standard EJCDC Text. 5.0 LICENSE AGREEMENT This document is subject to the terms and conditions of the License Agreement, 2019 EJCDCO Procurement Series Documents.A copy of the License Agreement was furnished at the time of purchase of this document, and is available for review at www.ejcdc.org and the websites of EJCDC's sponsoring organizations. EJCDC®P-700,Standard General Conditions of the Procurement Contract. Copyright°2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Guidelines Page 2 of 2 STANDARD GENERAL CONDITIONS OF THE PROCUREMENT CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Terminology.......................................................................................................1 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology..................................................................................................................................4 Article 2— Preliminary Matters....................................................................................................................5 2.01 Delivery of Bonds and Evidence of Insurance...............................................................................5 2.02 Copies of Documents....................................................................................................................5 2.03 Electronic Transmittals .................................................................................................................6 2.04 Preliminary Schedules...................................................................................................................6 2.05 Preliminary Conference................................................................................................................6 2.06 Safety............................................................................................................................................6 Article 3— Procurement Contract Documents.............................................................................................7 3.01 Intent.............................................................................................................................................7 3.02 Reference Standards.....................................................................................................................7 3.03 Reporting and Resolving Discrepancies........................................................................................8 3.04 Requirements of the Procurement Drawings and Procurement Specifications...........................8 3.05 Reuse of Documents.....................................................................................................................9 Article 4— Commencement and Schedule...................................................................................................9 4.01 Commencement of Procurement Contract Times........................................................................9 4.02 Continuing Performance...............................................................................................................9 4.03 Adjustments to Progress Schedule...............................................................................................9 4.04 Delays..........................................................................................................................................10 Article5— Bonds and Insurance.................................................................................................................11 5.01 Performance, Payment,and Other Bonds..................................................................................11 5.02 Insurance.....................................................................................................................................12 5.03 Surety or Insurance Companies..................................................................................................12 Article 6— Licenses and Fees......................................................................................................................12 6.01 Intellectual Property and License Fees.......................................................................................12 6.02 Seller's Infringement...................................................................................................................13 E1CDC®P-700,Standard General Conditions of the Procurement Contract. Copyright®2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. TOC Page 1 of 3 6.03 Buyer's Infringement..................................................................................................................13 Article 7— Seller's Responsibilities.............................................................................................................14 7.01 Performance of Obligations........................................................................................................14 7.02 Labor, Materials and Equipment ................................................................................................14 7.03 Laws and Regulations..................................................................................................................14 7.04 "Or Equals"..................................................................................................................................15 7.05 Taxes ...........................................................................................................................................16 7.06 Submittals...................................................................................................................................16 7.07 Indemnification...........................................................................................................................18 7.08 Concerning Subcontractors and Suppliers..................................................................................19 Article8— Shipping and Delivery...............................................................................................................19 8.01 Shipping.......................................................................................................................................19 8.02 Delivery.......................................................................................................................................19 8.03 Risk of Loss..................................................................................................................................19 Article9— Buyer's Rights............................................................................................................................20 9.01 Seller's Warranties and Guarantees...........................................................................................20 9.02 Inspections and Testing ..............................................................................................................21 9.03 Non-Conforming Goods and Special Services.............................................................................22 9.04 Correction Period........................................................................................................................23 Article10— Engineer's Status.....................................................................................................................23 10.01 Engineer's Role Defined..........................................................................................................23 10.02 Duties and Responsibilities; Authority; Limitations................................................................24 Article11— Changes...................................................................................................................................24 11.01 Amending and Supplementing the Procurement Contract....................................................24 11.02 Change Orders ........................................................................................................................25 11.03 Change Directives....................................................................................................................25 11.04 Field Orders.............................................................................................................................25 11.05 Buyer-Authorized Changes in the Goods and Special Services...............................................26 11.06 Buyer's Contingency Allowance..............................................................................................26 11.07 Unauthorized Changes in the Goods and Special Services.....................................................26 11.08 Change of Procurement Contract Price..................................................................................26 11.09 Change of Procurement Contract Times.................................................................................27 11.10 Notification to Surety..............................................................................................................27 EJCDC®P-700,Standard General Conditions of the Procurement Contract. Copyright®2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. TOC Page 2 of 3 Article 12— Claims, Disputes, and Dispute Resolution ..............................................................................27 12.01 Claims......................................................................................................................................27 12.02 Dispute Resolution Method....................................................................................................28 Article13— Payment..................................................................................................................................29 13.01 Applications for Progress Payments.......................................................................................29 13.02 Review of Applications for Progress Payments.......................................................................29 13.03 Basis and Amount of Progress Payments................................................................................30 13.04 Suspension of or Reduction in Payment.................................................................................30 13.05 Final Payment..........................................................................................................................32 13.06 Waiver of Claims.....................................................................................................................32 Article 14— Cancellation, Suspension, and Termination ...........................................................................33 14.01 Cancellation.............................................................................................................................33 14.02 Suspension of Performance by Buyer.....................................................................................33 14.03 Suspension of Performance by Seller.....................................................................................33 14.04 Breach and Termination..........................................................................................................33 Article15— Miscellaneous.........................................................................................................................34 15.01 Giving Notice...........................................................................................................................34 15.02 Controlling Law.......................................................................................................................34 15.03 Computation of Time..............................................................................................................34 15.04 Cumulative Remedies.............................................................................................................34 15.05 Survival of Obligations ............................................................................................................35 15.06 Entire Agreement....................................................................................................................35 15.07 No Waiver...............................................................................................................................35 15.08 Headings..................................................................................................................................35 15.09 Successors and Assigns...........................................................................................................35 EJCDC®P-700,Standard General Conditions of the Procurement Contract. Copyrights 2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. TOC Page 3 of 3 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Whenever used in the Procurement Bidding Requirements or Procurement Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated, which are applicable to the singular or plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Procurement Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Procurement Contract Documents. 2. Application for Payment—The document prepared by Seller, in a form acceptable to Buyer, to request progress or final payments, and which is to be accompanied by such supporting documentation as is required by the Procurement Contract Documents. 3. Bid—An offer or proposal of a prospective Seller submitted on the prescribed form setting forth the prices for the Goods and Special Services to be provided. 4. Bidder—An individual or entity that, as a prospective Seller, submits a Bid to Buyer. 5. Buyer—The individual or entity purchasing the Goods and Special Services. 6. Change Directive—A written directive from Buyer to Seller issued on or after the Effective Date of the Procurement Contract, ordering an addition, deletion, or revision in the Goods and Special Services. 7. Change Order—A document which is signed by Seller and Buyer and authorizes an addition, deletion, or revision to the Procurement Contract Documents or an adjustment in the Procurement Contract Price or the Procurement Contract Times, issued on or after the Effective Date of the Procurement Contract. Change Orders may be the result of mutual agreement by Buyer and Seller, or of resolution of a Claim. 8. Claim—A demand or assertion by Buyer or Seller seeking an adjustment of Procurement Contract Price or Procurement Contract Times, or both, or other relief with respect to the terms of the Procurement Contract.A demand for money or services by a third party is not a Claim. 9. Con tractor/Assign ee—A construction contractor with which Project Owner enters into a construction contract, and to which Project Owner, as initial Buyer, assigns this Procurement Contract. 10. Effective Date of the Procurement Contract—The date indicated in the Procurement Agreement on which the Procurement Contract becomes effective. 11. Electronic Document—Any Project-related correspondence, attachments to correspondence,data,documents,drawings, information,or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format. EJCDC®P-700,Standard General Conditions of the Procurement Contract. Copyright®2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Pagel of 3S 12. Electronic Means—Electronic mail (e-mail), upload/download from a secure Project website, or other communications methods that allow: the transmission or communication of Electronic Documents; the documentation of transmissions, including sending and receipt; printing of the transmitted Electronic Document by the recipient;the storage and archiving of the Electronic Document by sender and recipient; and the use by recipient of the Electronic Document for purposes permitted by this Procurement Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents. 13. Engineer—The individual or entity designated as such in the Procurement Agreement. 14. Field Order—A written order issued by Engineer which requires minor changes in the Goods or Special Services, but which does not involve a change in the Procurement Contract Price or Procurement Contract Times. 15. Goods—The tangible and movable personal property that is described in the Procurement Contract Documents, regardless of whether the property is to be later attached to realty. 16. Goods and Special Services—The full scope of materials, equipment, other items, and services to be furnished by Seller, including Goods, as defined herein, and Special Services, if any, as defined herein. This term refers to both the Goods and the Special Services,or to either the Goods or the Special Services, and to any portion of the Goods or the Special Services,as the context requires. 17. Laws and Regulations,Laws or Regulations—Any and all applicable laws,statutes, rules, regulations, ordinances,codes, and binding decrees, resolutions, and orders of any and all governmental bodies,agencies, authorities, and courts having jurisdiction. 18. Milestone—A principal event specified in the Procurement Contract that Seller must attain by the date or within the number of days indicated, including but not limited to the delivery of the Goods and the furnishing of Special Services. 19. Notice of Award—The written notice, by Buyer to a Bidder,of Buyer's acceptance of the Bid. 20. Point of Destination—The specific address of the location where delivery of the Goods will be made, as stated in the Procurement Agreement. 21. Procurement Agreement—The written instrument, executed by Buyer and Seller, that sets forth the Procurement Contract Price and Procurement Contract Times, identifies the parties and the Engineer, and designates the specific items that are Procurement Contract Documents. 22. Procurement Bidding Documents—The Procurement Bidding Requirements and the proposed Procurement Contract Documents (including all Addenda). 23. Procurement Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and Bid Form with any supplements. 24. Procurement Contract—The entire and integrated written agreement between Buyer and Seller concerning the Goods and Special Services. EJCDC®P-700,Standard General Conditions of the Procurement Contract. Copyright®2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 2 of 35 25. Procurement Contract Documents—Those items so designated in the Procurement Agreement, and which together comprise the Procurement Contract. Shop Drawings and other Seller submittals are not Procurement Contract Documents,even if accepted, reviewed, or approved by Engineer or Buyer. 26. Procurement Contract Price—The money that Buyer has agreed to pay Seller for furnishing the Goods and Special Services in accordance with the Procurement Contract Documents. 27, Procurement Contract Times—The times stated in the Procurement Agreement by which the Goods must be delivered, Special Services must be furnished, and other Milestones must be attained. 28. Procurement Drawings—That part of the Procurement Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Goods and Special Services to be furnished by Seller.Shop Drawings and other Seller submittals are not Procurement Drawings as so defined. 29. Procurement Specifications—That part of the Procurement Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the furnishing of the Goods and Special Services,and certain administrative requirements and procedural matters applicable thereto. 30. Project—The total undertaking to be accomplished for Project Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Goods and Special Services are a part. 31. Project Owner—The entity that has retained (or will retain) engineers, contractors, and others for the planning, study, design, construction, testing, commissioning, and start- up of facilities and improvements.As of the Effective Date of the Procurement Contract, the Project Owner is the Buyer. 32. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Goods and Special Services and which establish the standards by which such portion of the Goods and Special Services will be judged. 33. Schedule of Submittals—A schedule, prepared and maintained by Seller, of required Submittals and the time requirements for Engineer's review of the Submittals. 34. Seller—The individual or entity furnishing the Goods and Special Services. 35. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Seller and submitted by Seller to illustrate some portion of the Goods and Special Services. Shop Drawings, whether approved or not, are not Procurement Drawings and are not Procurement Contract Documents. 36. Special Services—Services to be performed by Seller(or its agents or subcontractors) in association with the Goods to be furnished by Seller, as required by the Procurement Contract Documents. 37. Submittal—A written or graphic document, prepared by or for Seller, which the Procurement Contract Documents require Seller to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer.Submittals EJCDC®P-700,Standard General Conditions of the Procurement Contract. Copyright®2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 3 of 35 may include Shop Drawings and Samples; schedules; product data; sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or site quality- control testing and inspections;warranties and certifications;suppliers'instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; record documents; and other such documents required by the Procurement Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not Procurement Contract Documents. Change proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals. 38. Successful Bidder—The Bidder whose Bid the Buyer accepts, and to which Buyer makes an award of the Procurement Contract. 39. Supplementary Conditions—The part of the Procurement Contract that amends or supplements these General Conditions. 40. Unit Price Goods and Special Services—Goods and Special Services to be paid for on the basis of unit prices (if any). 1.02 Terminology A. The words and terms discussed in Paragraphs 1.02.13 and 1.02.0 are not defined, but have the indicated meanings when used in the Bidding Requirements or Procurement Contract Documents. B. Intent of Certain Terms or Adjectives 1. The Procurement Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition,the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Goods and Special Services. It is intended that such exercise of professional judgment,action,or determination will be commercially reasonable and will be solely to evaluate, in general, the Goods and Special Services for compliance with the requirements of and information in the Procurement Contract Documents and conformance with the design concept of the completed Project as a functioning whole, as shown or indicated in the Procurement Contract Documents (unless there is a specific statement indicating otherwise).The use of any such term or adjective will not be effective to assign to Engineer any duty or authority to supervise or direct the furnishing of Goods or Special Services or any duty or authority to undertake responsibility contrary to any other provision of the Procurement Contract Documents. 2. The word "non-conforming" when modifying the words "Goods and Special Services," "Goods," or "Special Services," refers to Goods and Special Services that are unsatisfactory,faulty, or deficient in that they: a. do not conform to or comply with the requirements of the Procurement Contract Documents; b. do not meet the requirements of any applicable inspection, reference standard, test,or approval referred to in the Procurement Contract Documents; or E1CDC®P-700,Standard General Conditions of the Procurement Contract. Copyright°2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 4 of 35 C. in the case of Special Services, have not been completed. 3. The word "receipt" when referring to the Goods, means the physical taking and possession by the Buyer under the conditions specified in Paragraph 9.02.B.2. 4. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. 5. The word "furnish," when used in connection with the Goods and Special Services means to supply and deliver said Goods to the Point of Destination (or some other specified location) and to perform said Special Services fully, all in accordance with the Procurement Contract Documents. C. Procurement Contract Price or Procurement Contract Times: References to a change in "Procurement Contract Price or Procurement Contract Times" or "Procurement Contract Times or Procurement Contract Price" or similar, indicate that such change applies to (1) Procurement Contract Price, (2) Procurement Contract Times, or (3) both Procurement Contract Price and Procurement Contract Times, as warranted, even if the term "or both" is not expressed. D. Unless stated otherwise in the Procurement Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Procurement Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Seller delivers the executed counterparts of the Procurement Agreement to Buyer,the Seller also shall deliver to Buyer the performance bond and payment bond (if the Procurement Contract requires Seller to furnish such bonds). B. Evidence of Seller's Insurance: When Seller delivers the signed counterparts of the Procurement Agreement to Buyer,the Seller also shall deliver to Buyer, with copies to each additional insured (as identified in the Procurement Contract), the certificates, endorsements, and other evidence of insurance required to be provided by Seller in accordance with Article 5. Evidence of insurance to be obtained at a later date, such as insurance relating to transit or storage of the Goods,will be provided to Buyer at the time of such insurance is obtained. C. Evidence of Buyer's Insurance: After receipt of the signed counterparts of the Procurement Agreement and all required bonds and insurance documentation, Buyer shall promptly deliver to Seller, with copies to each additional insured (as identified in the Procurement Contract), certificates and other evidence of insurance (if any) required to be provided by Buyer. 2.02 Copies of Documents A. Buyer shall furnish to Seller four printed copies of the Procurement Contract (including one fully executed counterpart of the Procurement Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. EICCC®P-700,Standard General Conditions of the Procurement Contract. Copyright®2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 5 of 35 2.03 Electronic Transmittals A. Except as otherwise stated elsewhere in the Procurement Contract, the Buyer, Seller, and Engineer may send,and shall accept,Electronic Documents transmitted by Electronic Means. B. If the Procurement Contract does not establish protocols for Electronic Means, then Buyer, Seller, and Engineer shall jointly develop such protocols. C. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means,the transmitting party makes no representations as to long- term compatibility, usability, or readability of the Electronic Documents resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents. 2.04 Preliminary Schedules A. Within 15 days after the Effective Date of the Procurement Contract, Seller shall submit to Buyer and Engineer for timely review: 1. a progress schedule of activities, consistent with the Procurement Contract Times, including at a minimum, Shop Drawing and Sample submittals, tests, and deliveries as required by the Procurement Contract Documents. a. The progress schedule will be acceptable to Buyer and Engineer if it provides an orderly progression of the Submittals, tests, and deliveries to completion within the specified Milestones of the Procurement Contract Times. b. Such acceptance will not impose on Buyer or Engineer responsibility for the progress schedule, for sequencing, scheduling, or progress of Seller's performance of its obligations under the Procurement Contract, nor interfere with or relieve Seller from Seller's full responsibility therefor. c. Such acceptance will not be deemed as an acknowledgment of the reasonableness and attainability of the schedule. 2. a preliminary schedule of Submittals. B. No progress payment will be made to Seller until an acceptable progress schedule and acceptable schedule of Submittals are submitted to Buyer and Engineer (and other conditions applicable to progress payments are met). 2.05 Preliminary Conference A. Within 20 days after the Procurement Contract Times start to run, a conference attended by Seller, Buyer, Engineer and others as appropriate will be held to establish a working understanding among the parties as to the Goods and Special Services and to discuss the schedules referred to in Paragraph 2.04.A, procedures for handling Shop Drawings and other Submittals, processing Applications for Payment, and maintaining required records. 2.06 Safety A. Buyer and Seller shall comply with all applicable Laws and Regulations relating to the safety of persons or property,and to the protection of persons or property from damage, injury, or loss. E1CDC®P-700,Standard General Conditions of the Procurement Contract. Copyrights 2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 6 of 35 B. When Seller's personnel, or the personnel of any subcontractor to Seller, are present at the Point of Destination or any work area or site controlled by Buyer, the Seller shall be responsible for the compliance by such personnel with any applicable requirements of Buyer's safety programs that are made known to Seller. C. If Buyer or its representatives visit the Seller's manufacturing or storage facilities,for testing, inspection, or other purposes, Seller shall inform Buyer in advance of any safety preparations,standards,or programs with which Buyer and its representatives must comply. ARTICLE 3—PROCUREMENT CONTRACT DOCUMENTS 3.01 Intent A. The Procurement Contract Documents are complementary; what is called for by one is as binding as if called for by all. B. Any labor,documentation,services,materials,or equipment that may reasonably be inferred from the Procurement Contract Documents or from prevailing custom or trade usage as being required to produce or furnish the indicated Goods and Special Services will be provided,whether or not specifically called for, at no additional cost to Buyer. C. Unless otherwise stated in the Procurement Contract Documents, if there is a discrepancy between the electronic or digital versions of the Procurement Contract Documents(including any printed copies derived from such electronic or digital versions) and the printed record version,the printed record version will govern. D. The Procurement Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Procurement Contract Documents, as provided in Paragraph 3.04. F. Any provision or part of the Procurement Contract Documents held to be void or unenforceable under any Law or Regulation will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Buyer and Seller. 3.02 Reference Standards A. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws and Regulations,whether such reference be specific or by implication, means the standard, specification, manual, code,or Laws and Regulations in effect at the time of opening of Bids (or on the Effective Date of the Procurement Agreement if there were no Bids), except as may be otherwise specifically stated in the Procurement Contract Documents. B. No provision of any such standard specification, manual, reference standard, or code, and no instruction of a supplier,will be effective to change the duties or responsibilities of Buyer, Seller, or Engineer from those set forth in the part of the Procurement Contract Documents prepared by or for Engineer. No such provision or instruction will be effective to assign to Buyer or Engineer any duty or authority to supervise or direct the performance of Seller's obligations, or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Procurement Contract Documents prepared by or for Engineer. EJCDC1 P-700,Standard General Conditions of the Procurement Contract. Copyright®2019 National Society of Professional Engineers,American Council of Engineering Companies, and American society of Civil Engineers.All rights reserved. Page 7 of 35 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Seller's Review of Procurement Contract Documents: If, before or during the performance of Seller's obligations, Seller discovers any conflict, error, ambiguity, or discrepancy within the Procurement Contract Documents,or between the Procurement Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any supplier to Seller, then Seller shall promptly report it to Engineer (or if the Procurement Contract is assigned, then directly to Contractor/Assignee) in writing. Seller shall not proceed with the Goods and Special Services affected thereby until the conflict, error,ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer (or if the Procurement Contract is assigned, then by Contractor/Assignee) or by an amendment or supplement to the Procurement Contract Documents issued pursuant to Article 11. 2. Seller shall not be liable to Buyer or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Procurement Contract Documents unless Seller had actual knowledge thereof. B. Resolving Discrepancies: Except as may be otherwise specifically stated in the Procurement Contract Documents, the provisions of the Procurement Contract Documents will take precedence in resolving any conflict,error,ambiguity,or discrepancy between the provisions of the Procurement Contract Documents and: 1. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Procurement Contract Documents); or 2. the provisions of any Laws or Regulations applicable to the furnishing of the Goods and Special Services (unless such an interpretation of the provisions of the Procurement Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Procurement Drawings and Procurement Specifications A. During the performance of Seller's obligations and until final payment,Seller and Buyer shall submit to the Engineer all matters in question concerning the requirements of the Procurement Drawings and Procurement Specifications (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Goods and Special Services, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Procurement Drawings and Procurement Specifications, and judge of the acceptability of the Goods and Special Services thereunder. 1. After assignment (if any) Seller shall submit such matters directly to Contractor/Assignee for response or administration, and the Procurement Contract provisions in Paragraphs 3.04.13 and C will not apply. B. Engineer will issue with reasonable promptness a written clarification, interpretation, or decision on the issue submitted, and if necessary, initiate an amendment or supplement to the Procurement Drawings or Procurement Specifications. Engineer's written clarification, interpretation, or decision will be consistent with the overall intent of the Procurement Contract Documents, and will be final and binding on Seller and Buyer. If either Buyer or Seller believes that a written clarification or interpretation justifies an adjustment in the E1CDC®P-700,Standard General Conditions of the Procurement Contract. Copyright')2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 8 of 35 Procurement Contract Price or Procurement Contract Times, either may make a Claim for such adjustment as provided in Article 12. C. If a submitted matter in question concerns terms and conditions of the Procurement Contract Documents that do not involve (1) the performance or acceptability of the Goods and Services, (2) the design (as set forth in the Procurement Drawings, Procurement Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Buyer and Seller that Engineer is unable to provide a decision or interpretation. 3.05 Reuse of Documents A. Seller and its subcontractors and suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Procurement Drawings, Procurement Specifications, or other documents(or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions,or reuse any such Procurement Drawings, Procurement Specifications, other documents, or copies thereof, on extensions of the Project or any other project, without written consent of Buyer and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Procurement Contract Documents, reuse any such Procurement Contract Documents for any purpose without Buyer's express written consent, or violate any copyrights pertaining to such Procurement Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Procurement Contract. Nothing herein precludes Seller from retaining copies of the Procurement Contract Documents for record purposes. ARTICLE 4—COMMENCEMENT AND SCHEDULE 4.01 Commencement of Procurement Contract Times A. The Procurement Contract Times will commence to run on the Effective Date of the Procurement Contract. 4.02 Continuing Performance A. Seller shall adhere to the progress schedule established in accordance with Paragraph 2.04.A., as duly adjusted,and the Goods will be delivered and the Special Services furnished within the Procurement Contract Times. B. Seller shall carry on furnishing of the Goods and Special Services and adhere to the progress schedule during all disputes or disagreements with Buyer. No furnishing of Goods and Special Services will be delayed or postponed pending resolution of any disputes or disagreements, except as expressly permitted herein, or as Buyer and Seller may otherwise agree in writing. 4.03 Adjustments to Progress Schedule A. The progress schedule established in accordance with Paragraph 2.04 may be adjusted from time to time as provided below. EJCDC®P-700,Standard General Conditions of the Procurement Contract. Copyright®2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 9 of 35 1. Seller shall submit to Buyer for acceptance (to the extent indicated in Paragraph 2.04) proposed adjustments in the progress schedule that will not result in changing the Procurement Contract Times. Such adjustments will comply with any applicable provisions of the Procurement Specifications. 2. Proposed adjustments in the progress schedule that will change the Procurement Contract Times must be submitted in accordance with the requirements of Article 11. Adjustments in Procurement Contract Times may only be made by a Change Order. 4.04 Delays A. If Buyer, Engineer, or anyone for whom Buyer is responsible, delays, disrupts, or interferes with Seller's performance or progress, then Seller shall be entitled to an equitable adjustment in Procurement Contract Price or Procurement Contract Times. B. Seller shall not be entitled to an adjustment in Procurement Contract Price or Procurement Contract Times for delay,disruption,or interference caused by or within the control of Seller or anyone for whom Seller is responsible. C. If Seller's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Buyer, Seller, and those for which they are responsible,then Seller shall be entitled to an equitable adjustment in Procurement Contract Times. Such an adjustment will be Seller's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Procurement Contract Times under this paragraph include but are not limited to the following: 1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. abnormal weather conditions; 3. inspection delays by governmental authorities, and custom delays; 4. international shipping delays; 5. acts or failures to act of third-party entities; and 6. acts of war or terrorism. D. Adjustments of Procurement Contract Times or Procurement Contract Price—General Provisions: Seller's entitlement to an adjustment of Procurement Contract Times or Procurement Contract Price is limited as follows: 1. Seller's entitlement to an adjustment of the Procurement Contract Times is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of Seller's obligations, as of the time of the delay, disruption, or interference. 2. Seller shall not be entitled to an adjustment in Procurement Contract Price for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Seller.Such a concurrent delay by Seller does not preclude an adjustment of Procurement Contract Times to which Seller is otherwise entitled. EJCDC®P-700,Standard General Conditions of the Procurement Contract. Copyright°2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 10 of 35 3. Adjustments of Procurement Contract Times or Procurement Contract Price are subject to the provisions of Articles 11 and 12. E. Each Seller request seeking a delay-related increase in Procurement Contract Times or Procurement Contract Price must be supplemented by supporting data that sets forth in detail the following: (1)the circumstances that form the basis for the requested adjustment; (2)the date upon which each cause of delay, disruption, or interference began to affect Seller's progress; (3)the date upon which each cause of delay, disruption, or interference ceased to affect Seller's progress; (4)the number of days' increase in Procurement Contract Times claimed as a consequence of each such cause of delay,disruption,or interference; and (5)the impact on Procurement Contract Price. Seller shall also furnish such additional supporting documentation as Buyer or Engineer may require including, where appropriate, a revised progress schedule indicating all the activities affected by the delay, disruption, or interference,and an explanation of the effect of the delay, disruption,or interference on the critical path to completion. ARTICLE 5—BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Seller shall furnish a performance bond and a payment bond, each in an amount at least equal to the Procurement Contract Price, as security for the faithful performance and payment of Seller's obligations under the Procurement Contract. These bonds must remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 9.04, whichever is later, except as provided otherwise by Laws or Regulations, the terms of a prescribed bond form,the Supplementary Conditions, or other provisions of the Procurement Contract. B. Seller shall also furnish such other bonds (if any) as are required by the Supplementary Conditions or other provisions of the Procurement Contract. C. All bonds must be in the form included in the Bidding Documents or otherwise specified by Buyer prior to execution of the Procurement Contract,except as provided otherwise by Laws or Regulations, and must be issued and signed by a surety named in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority must show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. D. Seller shall obtain the required bonds from surety companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue bonds in the required amounts. E. If the surety on a bond furnished by Seller is declared bankrupt or becomes insolvent,or the surety ceases to meet the requirements above, then Seller shall promptly notify Buyer and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements of this Procurement Contract. E1CDC®P-700,Standard General Conditions of the Procurement Contract. Copyright"2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 11 of 35 F. If Seller has failed to obtain a required bond, Buyer may exercise Buyer's termination rights under Article 14. G. Upon request to Buyer from any subcontractor, supplier, or other person or entity claiming to have furnished labor,services,materials,or equipment used in the performance of Seller's obligations, Buyer shall provide a copy of the payment bond to such person or entity. H. Upon request to Seller from any subcontractor, supplier, or other person or entity claiming to have furnished labor,services,materials,or equipment used in the performance of Seller's obligations, Seller shall provide a copy of the payment bond to such person or entity. 5.02 Insurance A. Seller shall provide insurance of the types and coverages and in the amounts stipulated in the Supplementary Conditions. B. Failure of Buyer to demand certificates of insurance or other evidence of Seller's full compliance with these insurance requirements or failure of Buyer to identify a deficiency in compliance from the evidence provided will not be construed as a waiver of Seller's obligation to maintain such insurance. C. Upon assignment of this Procurement Contract, Seller shall name the Contractor/Assignee as an additional insured and comply with the written request of Contractor/Assignee to provide evidence of insurance. D. Buyer does not represent that insurance coverage and limits established in this Procurement Contract necessarily will be adequate to protect Seller. E. The insurance and insurance limits required herein will not be deemed as a limitation on Seller's liability under the indemnities and other rights granted to Buyer in the Procurement Contract. 5.03 Surety or Insurance Companies A. All bonds and insurance required by the Procurement Contract Documents to be purchased and maintained by Buyer or Seller shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies must also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. ARTICLE 6—LICENSES AND FEES 6.01 Intellectual Property and License Fees A. Except to the extent stated elsewhere in the Procurement Contract Documents,Seller is not transferring any patent rights, copyrights,or other intellectual property rights for the Goods delivered. B. To the extent Seller is manufacturing to Buyer's design, Buyer retains all patent rights, copyrights, and other intellectual property rights in such design. C. If an invention, design, process, product, or device is specified in the Procurement Contract Documents for incorporation in the Goods or for the performance of Special Services, and if, to the actual knowledge of Buyer or Engineer, its use is subject to patent rights, copyrights, EJCDC®P-700,Standard General Conditions of the Procurement Contract. Copyright°2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 12 of 3S or other intellectual property rights calling for the payment of a license fee or royalty to others, then the existence of such rights and payment obligations will be disclosed to Seller in the Procurement Contract Documents. D. Seller shall pay all license fees and royalties and assume all costs incident to the use or the furnishing of the Goods, unless specified otherwise by the Procurement Contract Documents. 6.02 Seller's Infringement A. Subject to Paragraph 6.01, to the fullest extent permitted by Laws and Regulations, Seller shall indemnify and hold harmless Buyer, Engineer, and their officers, directors, members, partners,employees,agents,consultants, contractors,and subcontractors,from and against all claims, costs, losses,damages, and judgments (including but not limited to all reasonable fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to any infringement or alleged infringement of any patent, copyright, or other intellectual property right by any of the Goods as delivered or Special Services as performed. B. Buyer will promptly notify Seller in writing of any claim,suit,or threat of suit by a third party for any infringement or alleged infringement of any patent, copyright, or other intellectual property right with respect to the Goods as delivered or Special Services as performed. C. Seller shall promptly defend or settle the claim or suit. Seller shall have control over such claim or suit, bear all expenses, and satisfy any adverse judgment. 1. If Seller fails to defend such suit or claim after written notice by Buyer, Seller will be bound, in any subsequent suit or claim against Seller by Buyer, by any factual determination in the prior suit or claim. 2. If Buyer fails to provide Seller the opportunity to defend such suit or claim, Buyer shall be barred from any remedy against Seller for such suit or claim. D. If a determination is made that Seller has infringed upon the intellectual property rights of another, Seller may, at Seller's own expense, obtain the necessary licenses for Buyer's benefit, or replace the Goods and provide related design and construction, consistent with the requirements of the Procurement Contract Documents, to avoid the infringement. 6.03 Buyer's Infringement A. Subject to Paragraph 6.01, and to the fullest extent permitted by Laws and Regulations, Buyer shall be responsible to Seller for any infringement or alleged infringement of any patent,copyright,or other intellectual property right caused by Seller's compliance with the Procurement Drawings or Procurement Specifications, and will reimburse Seller for any license fee or royalties paid by Seller to others if such payment resulted from any invention, design, process, product, or device specified to be furnished or performed in the Procurement Drawings or Procurement Specifications, but not identified as being subject to payment of such license fee or royalty. B. Seller will promptly notify Buyer in writing of any claim, suit, or threat of suit by a third party for intellectual property infringement arising from Seller's compliance with the Procurement Drawings or Procurement Specifications. EJCDC°P-700,Standard General Conditions of the Procurement Contract. Copyright®2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 13 of 35 C. Buyer shall defend or settle the claim or suit. Buyer shall have control over such claim or suit, bear all expenses, and satisfy any adverse judgment. 1. If Buyer fails to defend such suit or claim after written notice by Seller, Buyer will be bound, in any subsequent suit or claim against Buyer by Seller, by any factual determination in the prior suit or claim. 2. If Seller fails to provide Buyer the opportunity to defend such suit or claim, Seller shall be barred from any remedy against Buyer for such suit or claim. ARTICLE 7—SELLER'S RESPONSIBILITIES 7.01 Performance of Obligations A. Seller shall be solely responsible for the means, methods, techniques, sequences, and procedures necessary to perform its obligations in accordance with the Procurement Contract Documents. B. Seller shall supervise, inspect, and direct the furnishing of the Goods and Special Services competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform its obligations in accordance with the Procurement Contract Documents. C. Seller shall coordinate the provision of Special Services to avoid or limit interference or disruption of other activities at the location where the Special Services are to occur, including but not limited to ongoing facility operations and construction activities. 7.02 Labor, Materials and Equipment A. Seller shall provide competent, qualified and trained personnel in all aspects of its performance of the Procurement Contract. B. All Goods,and all equipment and material incorporated into the Goods,must be as specified, and unless specified otherwise in the Procurement Contract Documents, must be: 1. new, and of good quality; 2. protected, assembled, connected, cleaned, and conditioned in accordance with the original manufacturer's instructions; and 3. shop-assembled to the greatest extent practicable. 7.03 Laws and Regulations A. Seller shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of its obligations in accordance with the Procurement Contract Documents. Except where otherwise expressly required by such Laws and Regulations, neither Buyer nor Engineer shall be responsible for monitoring Seller's compliance with any Laws or Regulations. B. If Seller furnishes Goods and Special Services knowing or having reason to know that such furnishing is contrary to Laws or Regulations, Seller shall bear all claims, costs, losses, and damages(including but not limited to all fees and charges of engineers,architects,attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such performance. It will not be Seller's responsibility to make certain EJCDC®P-700,Standard General Conditions of the Procurement Contract. Copyright°2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 14 of 35 that the Procurement Specifications and Procurement Drawings are in accordance with Laws and Regulations, but this provision will not relieve Seller of Seller's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids(or,on the Effective Date of the Procurement Contract if there were no Bids)that have a direct effect on the cost or time of Seller's performance will be the subject of an adjustment in Procurement Contract Price or Procurement Contract Times. If Buyer and Seller are unable to agree on entitlement to or on the amount or extent, if any,of any such adjustment, a Claim may be made therefor as provided in Article 12. 7.04 "Or Equals" A. Whenever an item of material or equipment to be incorporated into the Goods is specified or described in the Procurement Contract Documents by using the names of one or more proprietary items or specific suppliers or manufacturers, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or equal" item is permitted, other items of material or equipment or material or equipment of other suppliers or manufacturers may be submitted to Buyer for Engineer's review. 1. If in Engineer's sole discretion,such an item of material or equipment proposed by Seller is functionally equal to that named and sufficiently similar so that no change in related work will be required, it may be considered by Engineer as an "or equal" item. 2. For the purposes of this paragraph, a proposed item of material or equipment may be considered functionally equal to an item so named only if in the exercise of reasonable judgment, Engineer determines that: 1) it is at least equal in quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole; 3) it has an acceptable record of performance and availability of responsive service; and (4)Seller certifies that if approved: a)there will be no increase in any cost, including capital, installation or operating costs, to Buyer; and b)the proposed item will conform substantially to the detailed requirements of the item named in the Procurement Contract Documents. B. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or Submittal made pursuant to Paragraph 7.04.A. Engineer will be the sole judge of whether to accept or reject such a proposal or Submittal. No "or equal" will be ordered, manufactured or utilized until Engineer's review is complete, which will be evidenced by an approved Shop Drawing. Engineer will advise Buyer and Seller in writing of any negative determination. Notwithstanding Engineer's approval of an "or-equal" item, Seller shall remain obligated to comply with the requirements of the Procurement Contract Documents. C. Special Guarantee: Buyer may require Seller to furnish at Seller's expense a special performance guarantee or other surety with respect to any such proposed "or-equal." D. Data: Seller shall provide all data in support of any such proposed "or equal" at Seller's expense. EJCDC°P-700,Standard General Conditions of the Procurement Contract. Copyright°2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 15 of 35 7.05 Taxes A. Seller shall pay all taxes and duties arising out of the sale of the Goods and the performance of Special Services. All taxes and duties are included in the Procurement Contract Price, except as noted in the Supplementary Conditions. 7.06 Submittals A. Shop Drawing and Sample Requirements 1. Before submitting a Shop Drawing or Sample, Seller shall: a. review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Procurement Contract Documents; b. determine and verify: 1) all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to the Submittal; and 2) the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of Seller's obligations. C. confirm that the Submittal is complete with respect to all related data included in the Submittal. 2. Each Shop Drawing or Sample must bear a stamp or specific written certification that Seller has satisfied its obligations under the Procurement Contract Documents with respect to Seller's review of that Submittal, and that Seller approves the Submittal. 3. With each Shop Drawing or Sample, Seller shall give Engineer specific written notice of any variations that the Submittal may have from the requirements of the Procurement Contract Documents. This notice will be set forth in a written communication separate from the Submittal;and,in addition, in the case of a Shop Drawing by a specific notation made on the Shop Drawing itself. B. Submittal Procedures for Shop Drawings and Samples: Seller shall label and submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. 1. Shop Drawings a. Seller shall submit the number of copies required in the Procurement Specifications. b. Data shown on the Shop Drawings must be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Seller proposes to provide,and to enable Engineer to review the information for the limited purposes required by Paragraph 7.06.C. 2. Samples a. Seller shall submit the number of Samples required in the Procurement Specifications. EJCDC®P-700,Standard General Conditions of the Procurement Contract. Copyrightc 2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 16 of 35 b. Seller shall clearly identify each Sample as to material,supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the Submittal for the limited purposes required by Paragraph 7.06.C. 3. Where a Shop Drawing or Sample is required by the Procurement Contract Documents or the Schedule of Submittals, any related work performed by Seller prior to Engineer's review and approval of the pertinent Submittal will be at the sole expense and responsibility of Seller. C. Engineer's Review of Shop Drawings and Samples 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the accepted Schedule of Submittals. Engineer's review and approval will be only to determine if the items covered by the Submittals will,after installation or incorporation in the Goods, comply with the requirements of the Procurement Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Procurement Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction, manufacturing, fabrication, installation, or shipping, or to safety precautions or programs incident thereto. 3. Engineer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer's review and approval of a Shop Drawing or Sample will not relieve Seller from responsibility for any variation from the requirements of the Procurement Contract Documents unless Seller has complied with the requirements of Paragraph 7.06.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Procurement Contract Documents in a Field Order or other appropriate Procurement Contract modification. 5. Engineer's review and approval of a Shop Drawing or Sample will not relieve Seller from responsibility for complying with the requirements of Paragraphs 7.06.A and B. 6. Engineer's review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Procurement Contract Documents, will not, under any circumstances,change the Procurement Contract Times or Procurement Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer's receipt,review,acceptance or approval of a Shop Drawing or Sample will result in such item becoming a Procurement Contract Document. 8. Seller shall furnish Goods that comply with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.06.C.4. D. Resubmittal Procedures for Shop Drawings and Samples 1. Seller shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review EJCDC®P-700,Standard General Conditions of the Procurement Contract. Copyright®2019 National Society of Professional Engineers,American Council of Engineering Companies, and American society of Civil Engineers.All rights reserved. Page 17 of 35 and approval. Seller shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous Submittals. 2. Seller shall furnish required Shop Drawing and Sample Submittals with sufficient information and accuracy to obtain required approval of an item with no more than two resubmittals. Engineer will record Engineer's time for reviewing a third or subsequent resubmittal of a Shop Drawing or Sample, and Seller shall be responsible for Engineer's charges to Buyer for such time. Buyer may impose a set-off against payments due Seller to secure reimbursement for such charges. 3. If Seller requests a change of a previously approved Shop Drawing or Sample,Seller shall be responsible for Engineer's charges to Buyer for its review time, and Buyer may impose a set-off against payments due Seller to secure reimbursement for such charges, unless the need for such change is beyond the control of Seller. E. Submittals Other than Shop Drawings and Samples 1. The following provisions apply to all Submittals other than Shop Drawings and Samples: a. Seller shall submit all such Submittals to the Engineer in accordance with the schedule of Submittals and pursuant to the applicable terms of the Procurement Contract Documents. b. Engineer will provide timely review of all such Submittals in accordance with the schedule of Submittals and return such Submittals with a notation of either Accepted or Not Accepted.Any such Submittal that is not returned within the time established in the schedule of Submittals will be deemed accepted. c. Engineer's review will be only to determine if the Submittal is acceptable under the requirements of the Procurement Contract Documents as to general form and content of the Submittal. d. If any such Submittal is not accepted, Seller shall confer with Engineer regarding the reason for the non-acceptance, and resubmit an acceptable document. 2. Procedures for the submittal and acceptance of the Progress Schedule,the Schedule of Submittals,and the Schedule of Values are set forth in Paragraphs 2.04 and 2.05. 7.07 Indemnification A. To the fullest extent permitted by Laws and Regulations, Seller shall indemnify and hold harmless Buyer, Engineer, Project Owner, and any assignee of Buyer, including Contractor/Assignee, and their officers, directors, members, partners, employees, agents, consultants, contractors, and subcontractors, from and against all claims, costs, losses, and damages(including but not limited to all fees and charges of engineers,architects,attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to the performance of Seller's obligations under the Procurement Contract, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Goods themselves), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Seller, or any individual or entity directly or indirectly employed by Seller or anyone for whose acts Seller may be liable. E1CDC3 P-700,Standard General Conditions of the Procurement Contract. Copyright°2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 18 of 35 B. In any and all claims against Buyer, Engineer, Project Owner, or any assignee of Buyer, including Contractor/Assignee, or their officers, directors, members, partners, employees, agents, consultants, contractors, or subcontractors, by any employee (or the survivor or personal representative of such employee) of Seller, any subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to furnish any of the Goods and Special Services,or anyone for whose acts any of them may be liable,the indemnification obligation under Paragraph 7.07.A will not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Seller or any such subcontractor, supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. 7.08 Concerning Subcontractors and Suppliers A. Seller may retain subcontractors and suppliers for the performance of parts of the furnishing of the Goods and Special Services. The Seller's retention of a subcontractor or supplier will not relieve Seller's obligation to Buyer to perform and complete the furnishing the Goods and Special Service's in accordance with the Procurement Contract Documents. ARTICLE 8—SHIPPING AND DELIVERY 8.01 Shipping A. Seller shall select the carrier and bear all costs of packaging, transportation, insurance, special handling, and all other costs associated with shipment and delivery. 8.02 Delivery A. Seller shall deliver the Goods free on board(FOB)to the Point of Destination,freight prepaid, in accordance with the Procurement Contract Times set forth in the Procurement Agreement, or other date agreed to by Buyer and Seller. B. At least 10 days before shipment, Seller shall provide written notice to Buyer of the manner of shipment and the anticipated delivery date.The notice must also include any instructions concerning special equipment or services required at the Point of Destination to unload and care for the Goods.Seller shall also require the carrier to give Buyer at least 24 hours' notice by telephone prior to the anticipated time of delivery. C. Buyer will be responsible and bear all costs for unloading the Goods from carrier. D. Buyer will assure that adequate facilities are available to receive delivery of the Goods at the time established for delivery, or on another date agreed to by Buyer and Seller. E. No partial deliveries will be allowed, unless permitted or required by the Procurement Contract Documents or agreed to in writing by Buyer. F. Provisions governing inspection on delivery are set forth in Paragraph 9.02. 8.03 Risk of Loss A. Risk of loss and insurable interests transfer from Seller to Buyer upon Buyer's receipt of the Goods. B. Notwithstanding the provisions of Paragraph 8.03.A, if Buyer rejects the Goods as non- conforming, the risk of loss on such Goods will remain with Seller until Seller corrects the non-conformity or Buyer accepts the Goods. If rejected Goods remain at the Point of EJCDC®P-700,Standard General Conditions of the Procurement Contract. Copyright®2019 National Society of Professional Engineers,American Council of Engineering Companies, and American society of Civil Engineers.All rights reserved. Page 19 of 35 Destination pending modification and acceptance, then Seller shall be responsible for arranging adequate protection and maintenance of the Goods at Seller's expense. ARTICLE 9—BUYER'S RIGHTS 9.01 Seller's Warranties and Guarantees A. Seller warrants and guarantees to Buyer that the title to the Goods conveyed will be proper, its transfer rightful, and free from any security interest, lien, or other encumbrance. Seller shall defend, indemnify, and hold Buyer harmless against any liens, claims, or demands contesting or affecting title of the Goods conveyed. B. Seller warrants and guarantees to Buyer that all Goods and Special Services will conform with the Procurement Contract Documents, and with the standards established by any Samples approved by Engineer. Engineer shall be entitled to rely on Seller's warranty and guarantee. If the Procurement Contract Documents do not otherwise specify the characteristics or the quality of the Goods, the Goods must comply with the requirements of Paragraph 7.02.6. C. Seller's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, improper modification, improper maintenance, or improper operation by persons other than Seller; 2. excessive corrosion or chemical attack, unless corrosive or chemically-damaging conditions were disclosed by Buyer in the Procurement Contract Documents and the Procurement Contract Documents required the Goods to withstand such conditions; 3. use in a manner contrary to Seller's written instructions for installation, operation, and maintenance; or 4. normal wear and tear under normal usage. D. Seller's obligation to furnish the Goods and Special Services in accordance with the Procurement Contract Documents will be absolute. None of the following will constitute an acceptance of Goods and Special Services that are non-conforming, or a release of Seller's obligation to furnish the Goods and Special Services in accordance with the Procurement Contract Documents: 1. observations by Buyer, Engineer, or Project Owner; 2. recommendation by Engineer or payment by Buyer of any progress or final payment; 3. use of the Goods by Buyer or Project Owner; 4. any acceptance by Buyer, Engineer, or Project Owner, or any failure to do so; 5. the end of the correction period established in Paragraph 9.04; 6. the issuance of a notice of acceptance; 7. any inspection,test or approval by others; or 8. any correction of non-conforming Goods and Special Services by Buyer or Project Owner. E. Buyer shall promptly notify Seller of any breach of Seller's warranties or guarantees. EJCDC°P-700,Standard General Conditions of the Procurement Contract. Copyright°2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 20 of 35 9.02 Inspections and Testing A. General Provisions 1. The Procurement Contract Documents specify required inspections and tests. Buyer shall have the right to perform, or cause to be performed, reasonable inspections and require reasonable tests of the Goods at Seller's facility, and at the Point of Destination. Seller shall allow Buyer a reasonable time to perform such inspections or tests. 2. Seller shall reimburse Buyer for all expenses, except for travel, lodging, and subsistence expenses of Buyer's and Engineer's representatives, for inspections and tests specified in the Procurement Contract Documents. If as the result of any such specified testing the Goods are determined to be non-conforming, then Seller shall also bear the travel, lodging, and subsistence expenses of Buyer's and Engineer's representatives, and all expenses of re-inspection or retesting. 3. Buyer shall bear all expenses of inspections and tests that are not specified in the Procurement Contract Documents (other than any re-inspection or retesting resulting from a determination of non-conformity, as set forth in Paragraph 9.03); provided, however,that if as the result of any such non-specified inspections or testing the Goods are determined to be non-conforming, then Seller shall bear all expenses of such inspections and testing, and of any necessary re-inspection and retesting. 4. Seller shall provide Buyer timely written notice of the readiness of the Goods for all inspections,tests,or approvals which the Procurement Contract Documents specify are to be observed by Buyer prior to shipment. 5. Buyer will give Seller timely notice of all specified tests, inspections, and approvals of the Goods which are to be conducted at the Point of Destination, and a representative of Seller will attend such tests, inspections, and approvals. 6. If, on the basis of inspections or testing,the Goods appear to be conforming, Buyer will give Seller prompt notice thereof. If on the basis of inspections or testing, the Goods appear to be non-conforming, Buyer will give Seller prompt notice thereof and will advise Seller of the remedy Buyer elects under the provisions of Paragraph 9.03. 7. Neither payments made by Buyer to Seller prior to any tests or inspections, nor any tests or inspections, will constitute acceptance of non-conforming Goods, or prejudice Buyer's rights under the Procurement Contract. B. Visual Inspection on Delivery 1. Buyer will visually inspect the Goods upon delivery solely for purposes of identifying the Goods, general verification of quantities, and observation of apparent condition. Such visual inspection will not be construed as final or as receipt of any Goods and Special Services that,as a result of subsequent inspections and tests,are determined to be non- conforming. 2. If,on the basis of the visual inspection specified in Paragraph 9.02.13.1,the Goods appear to comply with the requirements of the Procurement Contract Documents as to quantities and condition, then within 10 days of delivery Buyer shall issue to Seller Buyer's acknowledgment of the receipt of Goods. E1CDC°P-700,Standard General Conditions of the Procurement Contract. Copyright®2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 21 of 35 C. Final Inspection 1. After all of the Goods have been incorporated into the Project, tested in accordance with such testing requirements as are specified, and are functioning as required, and Seller has performed and completed all Special Services, Buyer will make a final inspection. 2. If, on the basis of the final inspection, Buyer determines that the Goods and Special Services are conforming, Buyer's notice thereof will constitute Buyer's acceptance of the Goods and Special Services, subject to any limitations stated in the notice. 3. If, on the basis of the final inspection, the Goods and Special Services are non- conforming, Buyer will identify the non-conformity in writing. 9.03 Non-Conforming Goods and Special Services A. If, on the basis of inspections and testing prior to delivery, the Goods and Special Services are found to be non-conforming, or if at any time after Buyer has acknowledged receipt of delivery and before the expiration of the correction period described in Paragraph 9.04, Buyer determines that the Goods and Special Services are non-conforming,then Seller shall promptly, without cost to Buyer and in response to written instructions from Buyer, either correct such non-conforming Goods and Special Services, or, if Goods are rejected by Buyer, remove and replace the non-conforming Goods with conforming Goods, including all work required for reinstallation. B. Buyer's Rejection of Non-Conforming Goods 1. If Buyer elects to reject the Goods in whole or in part, Buyer's notice to Seller will describe in sufficient detail the non-conforming aspect of the Goods.If Goods have been delivered to Buyer, Seller shall promptly, and within the Procurement Contract Times, remove and replace the rejected Goods. 2. Seller shall bear all costs, losses and damages attributable to the removal, replacement, reinspection, and retesting of the non-conforming Goods. 3. Upon rejection of the Goods, Buyer retains a security interest in the Goods to the extent of any payments made and expenses incurred in their testing and inspection. C. Buyer's Rejection of Non-Conforming Special Services 1. If at any time Buyer elects to reject the Special Services in whole or in part, Buyer's notice to Seller will describe in sufficient detail the non-conforming aspect of the Special Services. 2. Seller shall promptly provide conforming Special Services acceptable to Buyer. 3. If Seller fails to provide conforming Special Services, Buyer may remove the Special Services from the scope of the Procurement Contract, and equitably reduce the Procurement Contract Price. D. Remedying Non-Conforming Goods: If Buyer elects to permit the Seller to modify the Goods to correct the non-conformance, then Seller shall promptly provide a schedule for such modifications and shall make the Goods conforming within a reasonable time. E. Buyer's Acceptance of Non-Conforming Goods: Instead of requiring correction or removal and replacement of non-conforming Goods discovered either before or after final payment, E1CDC®P-700,Standard General Conditions of the Procurement Contract. Copyright"2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 22 of 35 Buyer may accept the non-conforming Goods. Seller shall bear all reasonable costs, losses, and damages attributable to Buyer's evaluation of and determination to accept such non- conforming Goods. F. Seller Obligations: Seller shall pay all claims, costs, losses, and damages, including but not limited to all fees and charges for re-inspection, retesting and for any engineers, architects, attorneys and other professionals, and all court or arbitration or other dispute resolution costs arising out of or relating to the non-conforming Goods and Special Services. Seller's obligations will include the costs of the correction or removal and replacement of the non- conforming Goods and the replacement of property of Buyer and others destroyed by the correction or removal and replacement of the non-conforming Goods, and obtaining conforming Special Services from others. G. Buyer's Rejection of Conforming Goods: If Buyer asserts that Goods and Special Services are non-conforming and such Goods and Special Services are determined to be conforming, or if Buyer rejects as non-conforming Goods and Special Services that are later determined to be conforming, then Seller shall be entitled to reimbursement from Buyer of costs incurred by Seller in inspecting, testing, correcting, removing, or replacing the conforming Goods and Special Services, 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 associated with the incorrect assertion of non-conformance or rejection of conforming Goods and Special Services. 9.04 Correction Period A. Seller's responsibility for correcting all non-conformities in the Goods and Special Services will extend for a period of one year after the acceptance of the Goods and Special Services in accordance with Paragraph 9.02.C.2. B. Where non-conforming Goods and Services(and damage to other work resulting therefrom) have been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Goods and Services will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. C. Seller's obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph may not be construed as a substitute for, or a waiver of,the provisions of any applicable statute of limitation or repose. ARTICLE 10—ENGINEER'S STATUS 10.01 Engineer's Role Defined A. Engineer will be Buyer's representative until assignment (if any) of the Procurement Contract. B. The duties and responsibilities and the limitations of authority of Engineer prior to assignment, if any, of the Procurement Contract, are set forth in the Procurement Contract Documents. C. Engineer's responsibilities, if any, after an assignment (if any) of the Procurement Contract, are set forth in the Procurement Agreement. EJ W P-700,Standard General Conditions of the Procurement Contract. Copyright®2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 23 of 35 10.02 Duties and Responsibilities;Authority; Limitations A. As set forth in Article 3, Engineer will be the initial interpreter of the Procurement Contract Documents and judge of the acceptability of the Goods and Special Services, and will issue clarifications, interpretations, and decisions regarding such issues. B. Acting on behalf of Buyer under the provisions of Article 9, Engineer has the authority to disapprove or reject Goods and Special Services that Engineer believes to be non-conforming. Engineer also has the authority to require special inspection or testing of the Goods or Special Services as provided in Paragraph 9.02,whether or not the Goods are fabricated or installed, or the Special Services are completed. C. Engineer may authorize minor deviations or variations in the Procurement Contract Documents by: 1)written approval of specific variations set forth in Shop Drawings when Seller has duly noted such variations as required in Paragraph 7.06.A.3, or 2) a Field Order. D. As set forth in Article 12, Engineer will review Claims,and render decisions on Claims. E. In rendering any interpretations, clarifications, reviews, decisions, disapprovals, acceptances, rejections, authorizations, and judgments, Engineer will not show partiality to Buyer or Seller. Engineer will not be liable to Buyer, Seller, or others in connection with any interpretations, clarifications, reviews, decisions, disapprovals, acceptances, rejections, authorizations,or judgments conducted or rendered by Engineer in good faith. F. Engineer will not supervise, direct, control, or have authority over or be responsible for the means, methods, techniques, sequences, or procedures used by Seller to perform its obligations under this Procurement Contract, or the safety precautions and programs incident thereto, or for any failure of Seller to comply with Laws and Regulations applicable to the performance of its obligations. Engineer will not be responsible for Seller's failure to furnish the Goods and Special Services in accordance with the Procurement Contract Documents. ARTICLE 11—CHANGES 11.01 Amending and Supplementing the Procurement Contract A. The Procurement Contract may be amended or supplemented by a Change Order, a Change Directive, or a Field Order. B. If an amendment or supplement to the Procurement Contract includes a change in the Procurement Contract Price or the Procurement Contract Times, such amendment or supplement must be set forth in a Change Order. C. All changes to the Procurement Contract that involve(1)the conformance or acceptability of the Goods and Special Services, (2)the design (as set forth in the Procurement Drawings, Procurement Specifications, or otherwise), or (3) other engineering or technical matters, must be supported by Engineer's recommendation. Buyer and Seller may amend other terms and conditions of the Procurement Contract without the recommendation of the Engineer. EJCDC®P-700,Standard General Conditions of the Procurement Contract. Copyright')2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 24 of 35 11.02 Change Orders A. Buyer and Seller shall execute appropriate Change Orders covering: 1. Changes in Procurement Contract Price or Procurement Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Goods and Special Services furnished in accordance with a Change Directive; 2. Changes in Procurement Contract Price resulting from a Buyer set-off, unless Seller has duly contested such set-off; 3. Changes in the Goods and Special Services which are: (a) ordered by Buyer pursuant to Paragraph 11.05, (b) required because of Buyer's acceptance of non-conforming Goods and Services under Paragraph 9.03 or (c) agreed to by the parties, subject to the need for Engineer's recommendation if the change in the Goods and Special Services involves the design (as set forth in the Procurement Drawings, Procurement Specifications, or otherwise) or other engineering or technical matters; and 4. Changes that embody the substance of any final and binding results under: Paragraph 11.03.13, resolving the impact of a Change Directive; Article 12, Claims; and similar provisions. B. If Buyer or Seller refuses to execute a Change Order that is required to be executed under the terms of Paragraph 11.02.A, it will be deemed to be of full force and effect, as if fully executed. 11.03 Change Directives A. A Change Directive will not change the Procurement Contract Price or the Procurement Contract Times but is evidence that the parties expect that the modification ordered or documented by a Change Directive will be incorporated in a subsequently issued Change Order,following negotiations by the parties as to the Change Directive's effect, if any, on the Procurement Contract Price and Procurement Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Procurement Contract Documents governing adjustments, expressly including Paragraph 11.08 regarding change of Procurement Contract Price. B. If Buyer has issued a Change Directive and Buyer or Seller believes that an adjustment in Procurement Contract Times or Procurement Contract Price is necessary, then such party shall submit a Claim seeking such an adjustment no later than 30 days after the completion of the Goods and Services set out in the Change Directive. 11.04 Field Orders A. Engineer may authorize minor changes in the Goods and Services if the changes do not involve an adjustment in the Procurement Contract Price or the Procurement Contract Times and are compatible with the design concept as indicated by the Procurement Contract Documents.Such changes will be accomplished by a Field Order and will be binding on Buyer and also on Seller,which shall perform the Goods and Special Services involved promptly. B. If Seller believes that a Field Order justifies an adjustment in the Procurement Contract Price or Procurement Contract Times,then before proceeding with the Goods and Special Services at issue,Seller shall submit a Claim as provided herein. EJCDC®P-700,Standard General Conditions of the Procurement Contract. Copyright®2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 25 of 35 11.05 Buyer-Authorized Changes in the Goods and Special Services A. Without invalidating the Procurement Contract and without notice to any surety, Buyer may, at any time or from time to time, order additions, deletions, or revisions in the Goods and Special Services. Changes involving the design (as set forth in the Procurement Drawings, Procurement Specifications, or otherwise) or other engineering or technical matters will be supported by Engineer's recommendation. B. Such changes in the Goods and Special Services may be accomplished by a Change Order, if Buyer and Seller have agreed as to the effect, if any,of the changes on Procurement Contract Times or Procurement Contract Price; or by a Change Directive. Upon receipt of any such document,Seller shall promptly proceed with the Goods and Special Services involved; or, in the case of a deletion in the Goods and Special Services, promptly cease activities with respect to such deletion. Added or revised Goods and Special Services must be performed under the applicable conditions of the Procurement Contract Documents. 11.06 Buyer's Contingency Allowance A. The Buyer's Contingency Allowance, if any such is set forth in the Procurement Agreement, is for the sole use of Buyer to cover unanticipated costs. B. If Buyer exercises its unilateral right to use all or a portion of the Buyer's Contingency Allowance, Buyer will issue a written directive that documents the costs to which the allowance is applied,Seller's entitlement to compensation, and the consequent reduction in such allowance. C. Prior to final payment, the Total Price, as set forth in the Procurement Agreement, will be duly adjusted to account for any unused portion of the Buyer's Contingency Allowance. D. The Procurement Agreement, Article 5, addresses the impact on Buyer's Contingency Allowance of an assignment of the Procurement Contract. 11.07 Unauthorized Changes in the Goods and Special Services A. Seller shall not be entitled to an increase in the Procurement Contract Price or an extension of the Procurement Contract Times with respect to any work performed that is not required by the Procurement Contract Documents, as amended, modified, or supplemented. 11.08 Change of Procurement Contract Price A. The Procurement Contract Price may only be changed by a Change Order. Any Claim for an adjustment of Procurement Contract Price must comply with the provisions of Article 12. B. An adjustment in the Procurement Contract Price will be determined as follows: 1. For changes in Unit Price Goods and Special Services,by application of the unit prices to the quantities of the items involved; 2. To the extent the cost of the change is not covered by unit prices, then by a mutually agreed lump sum; or 3. To the extent the cost of the change is not covered by unit prices and the parties do not reach mutual agreement to a lump sum, then on the basis of documented costs plus a Seller's fee for overhead and profit of 15%. E1CDC®P-700,Standard General Conditions of the Procurement Contract. Copyright®2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 26 of 35 11.09 Change of Procurement Contract Times A. The Procurement Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Procurement Contract Times must comply with the provisions of Article 12. 11.10 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Goods and Special Services or the provisions of the Procurement Contract(including, but not limited to, Procurement Contract Price or Procurement Contract Times), the giving of any such notice will be Seller's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 12—CLAIMS, DISPUTES,AND DISPUTE RESOLUTION 12.01 Claims A. The parties agree to endeavor to avoid or resolve Claims through direct, good faith discussions and negotiations whenever practicable.Such discussions and negotiations should at the outset address whether the parties mutually agree to suspend the Claims process, including the time periods established in this Paragraph 12.01; if so,a written record of such mutual agreement should be made and jointly executed. B. Claimant shall deliver to Engineer and the other party to the Procurement Contract written notice of each Claim within 15 days after the occurrence of the event giving rise to the Claim. C. Claimant shall deliver written supporting data to Engineer and the other party within 45 days after such occurrence unless Engineer allows an additional period of time. D. Engineer will review each such Claim and render a decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. E. If Engineer does not render a formal written decision on a Claim within the time stated in Paragraph 12.01.D., Engineer shall be deemed to have issued a decision denying the Claim in its entirety 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. F. The rendering of a decision by Engineer pursuant to this Paragraph 12.01 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment)will be a condition precedent to any exercise by Buyer or Seller of such rights or remedies as either may otherwise have under the Procurement Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. If the exercise of such rights or remedies will imminently be time-barred, a party may take actions necessary to preserve such rights and remedies notwithstanding the lack of the condition precedent referred to in this paragraph. G. If a submitted matter in question concerns terms and conditions of the Procurement Contract Documents that do not involve (1)the performance or acceptability of Goods and Special Services under the Procurement Contract Documents, (2)the design (as set forth in the Procurement Drawings,Procurement Specifications,Addenda,or otherwise),or(3)other engineering or technical matters, then Engineer will promptly give written notice to Buyer and Seller that Engineer is unable to provide a decision or interpretation. If Buyer and Seller EJCDC®P-700,Standard General Conditions of the Procurement Contract. Copyright®2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 27 of 35 are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Paragraph 12.02. H. Engineer's written decision on such Claim or a decision denying the Claim in its entirety that is deemed to have been issued pursuant to Paragraph 12.01, will be final and binding upon Buyer and Seller 30 days after it is issued unless within 30 days of issuance Buyer or Seller appeals Engineer's decision by initiating the mediation of such Claim in accordance with the dispute resolution procedures set forth in Paragraph 12.02. I. If Article 12 has been amended to delete the mediation requirement, then Buyer or Seller may appeal Engineer's decision within 30 days of issuance by following the alternative dispute resolution process set forth in Article 12, as amended; or if no such alternative dispute resolution process has been set forth, Buyer or Seller may appeal Engineer's decision by 1) delivering to the other party within 30 days of the date of such decision a written notice of intent to submit the Claim to a court of competent jurisdiction,and 2)within 60 days after the date of such decision instituting a formal proceeding in a court of competent jurisdiction. J. No Claim for an adjustment in Procurement Contract Price or Procurement Contract Times will be valid if not submitted in accordance with Article 12. K. The effect on Claims of an assignment of the Procurement Contract by Buyer to a Contractor/Assignee is addressed in the Procurement Agreement, Article 5. 12.02 Dispute Resolution Method A. Either Buyer or Seller may initiate the mediation of (1) any Claim decided in writing by Engineer under Paragraph 12.01 before such decision becomes final and binding, or (2) any other dispute between the parties, including but not limited to any dispute arising after final inspection of the Goods and Services. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Procurement Contract. The request for mediation must be submitted in writing to the American Arbitration Association and the other party to the Procurement Contract. Timely submission of the request will stay Engineer's decision from becoming final and binding. B. Mediation is a condition precedent to seeking final dispute resolution under Paragraph 12.01.C. Buyer and Seller shall participate in the mediation process in good faith. The process must be concluded within 60 days of filing of the request. The date of termination of the mediation will be determined by application of the mediation rules referenced above. C. If the mediation process does not result in resolution of the dispute,then Engineer's written Claim decision under Paragraph 12.01.D or a Claim denial pursuant to Paragraph 12.01.E becomes final and binding, or if applicable such other dispute is deemed resolved in favor of respondent, unless,within 30 days after termination of the mediation, Buyer or Seller: 1. elects in writing to invoke any final dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim or dispute to another final dispute resolution process, or 3. if no final dispute resolution process has been provided for in the Supplementary Conditions, delivers to the other party written notice of the intent to submit the Claim EJCDC®P-700,Standard General Conditions of the Procurement Contract. Copyright'2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 28 of 35 or dispute to a court of competent jurisdiction, and within 60 days of the termination of the mediation institutes such formal proceeding. ARTICLE 13—PAYMENT 13.01 Applications for Progress Payments A. Seller shall submit to Buyer for Engineer's review Applications for Payment filled out and signed by Seller and accompanied by such supporting documentation as is required by the Procurement Contract Documents and also as Buyer or Engineer may reasonably require. B. The timing and amounts of progress payments will be as stipulated in the Procurement Agreement. C. Any Application for Payment that is based in whole or in part on the delivery of Goods must be accompanied by a bill of sale, invoice, or other documentation reasonably satisfactory to Buyer warranting that Buyer has rightfully received good title to the Goods from Seller and that, upon payment, the Goods will be free and clear of all liens. Such documentation will include releases and waivers from all parties with viable lien rights. D. Buyer shall notify Seller promptly of any deficiency in the required documentation. 13.02 Review of Applications for Progress Payments A. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Buyer, or return the Application to Seller indicating in writing Engineer's reasons for refusing to recommend payment. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Buyer, based on Engineer's observations of Seller's progress, as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Goods and Special Services or other obligations of Seller have progressed to the point indicated; b. the quality of the Goods and Special Services or other obligations of Seller are generally in accordance with the Procurement Contract Documents; and c. the conditions precedent to Seller being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Seller's progress. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Goods and Special Services or other obligations of Seller have been exhaustive, extended to every aspect of the Goods and Special Services or other obligations of Seller in progress, or involved detailed inspections of the Goods and Special Services or other EJCDC®P-700,Standard General Conditions of the Procurement Contract. Copyright®2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 29 of 35 obligations of Seller beyond the responsibilities specifically assigned to Engineer in the Procurement Contract; or b. there may not be other matters or issues between the parties that might entitle Seller to be paid additionally by Buyer, or entitle Buyer to withhold payment to Seller. 4. Neither Engineer's review of Seller's progress for the purposes of recommending payments nor Engineer's recommendation of any payment,including final payment,will impose responsibility on Engineer: a. to supervise, direct,or control the Seller's performance or furnishing of Goods and Special Services or other obligations of Seller; or b. for the means, methods, techniques, sequences, or procedures of construction, manufacturing, fabrication, installation, or shipping, or the safety precautions and programs incident thereto; or c. for Seller's failure to comply with Laws and Regulations applicable to Seller's performance under the Procurement Contract; or d. to make any examination to ascertain how or for what purposes Seller has used the money paid for the Procurement Contract Price; or e. to determine that title to any of the Goods or component parts have passed to Buyer free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Buyer stated in Paragraph 13.02.A.2. 6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer's opinion to protect Buyer from loss because: a. the Goods and Services are non-conforming, requiring correction or replacement; b. the Procurement Contract Price has been reduced by Change Orders; c. Buyer has been required to correct non-conforming Goods and Special Services in accordance with Paragraph 9.03.C, or has accepted non-conforming Goods and Special Services pursuant to Paragraph 9.03.E; or d. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Seller and therefore justify termination for cause under the Procurement Contract Documents. 13.03 Basis and Amount of Progress Payments A. The basis and amounts of the progress payments will be as provided in the Procurement Agreement, subject to the provisions of this Article 13 regarding reductions in payment. 13.04 Suspension of or Reduction in Payment A. Buyer may temporarily cease making progress payments,or reduce the amount of a progress payment, even though recommended for payment by Engineer, under the following circumstances: E1CDC®P-700,Standard General Conditions of the Procurement Contract. Copyright'2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 30 of 35 1. Buyer has reasonable grounds to conclude that Seller will not furnish the Goods or the Special Services in accordance with the Procurement Contract Documents, and 2. Buyer has requested in writing assurances from Seller that the Goods and Special Services will be delivered or furnished in accordance with the Procurement Contract Documents, and Seller has failed to provide adequate assurances within ten days of Buyer's written request. 3. In addition to any reductions in payment (set-offs) recommended by Engineer, Buyer is entitled to impose a set-off against payment based on any of the following: a. claims have been made against Buyer based on Seller's conduct in the performance or furnishing of the Goods and Special Services, or has incurred costs, losses, or damages resulting from Seller's conduct in the performance or furnishing of the Goods and Special Services, including but not limited to claims, costs, losses, or damages from workplace injuries,adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; b. Seller has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Point of Destination or the worksite; C. Seller has failed to provide and maintain required bonds or insurance; d. Buyer has incurred extra charges or engineering costs related to Submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; e. the Goods and Special Services are non-conforming, requiring correction or replacement; f. Buyer has been required to correct non-conforming Goods and Special Services, in accordance with Paragraph 9.03.C, or has accepted non-conforming Goods and Special Services pursuant to Paragraph 9.03.E; g. the Procurement Contract Price has been reduced by Change Orders; h. an event that would constitute a default by Seller and therefore justify a termination for cause has occurred; i. liquidated or other damages have accrued as a result of Seller's failure to achieve Milestones, Substantial Completion, or final completion of the Goods and Special Services; or j. liens have been filed in connection with the Procurement Contract, except where Seller has delivered a specific bond satisfactory to Buyer to secure the satisfaction and discharge of such liens. B. If Buyer refuses to make payment of the full amount recommended by Engineer, Buyer will provide Seller and Engineer immediate written notice stating the reason for such action and promptly pay Seller any amount remaining after deduction of the amount withheld. Buyer shall promptly pay Seller the amount withheld when Seller corrects the reason for such action to Buyer's satisfaction. E1CDC®P-700,Standard General Conditions of the Procurement Contract. Copyright®2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 31 of 35 13.05 Final Payment A. After Seller has corrected all non-conformities to the reasonable satisfaction of Buyer and Engineer and furnished all Special Services, Seller may submit its final Application for Payment following the procedures for progress payments. B. The final Application for Payment will be accompanied by all documentation called for in the Procurement Contract Documents (including but not limited to all final operations and maintenance manuals, and any special warranties), a list of all unsettled Claims, and the written consent of surety to the making of final payment. C. If, on the basis of final inspection and the review of the final Application for Payment and accompanying documentation, Engineer is reasonably satisfied that Seller has furnished the Goods and Special Services in accordance with the Procurement Contract Documents, and that Seller has fulfilled all other obligations under the Procurement Contract Documents, then Engineer will,within 10 days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of final payment subject to the provisions of Paragraph 13.02, and present the final Application for Payment to Buyer. Such recommendation will account for any set-offs against payment that are necessary in Engineer's opinion to protect Buyer from loss for the reasons stated in Paragraph 13.02. D. If Engineer does not recommend final payment, Engineer will return the final Application for Payment to Seller, indicating the reasons for refusing to recommend final payment, in which case Seller shall make the necessary corrections and resubmit the final Application for Payment. E. In support of its recommendation of final payment Engineer will also give written notice to Buyer and Seller that the Goods and Special Services are acceptable, subject to stated limitations in the notice and to the provisions of Paragraph 13.06. F. If the final Application for Payment and accompanying documentation are appropriate as to form and substance, Buyer shall,within 30 days after receipt thereof, pay Seller the amount recommended by Engineer, less any sum Buyer is entitled to set off against Engineer's recommendation, pursuant to the provisions of Paragraph 13.04. G. Buyer will not make final payment, or return or release included retainage (if any) at any time, unless Seller submits written consent of the surety to such payment, return,or release. 13.06 Waiver of Claims A. By making final payment, Buyer waives its claim or right to liquidated damages or other damages for late completion by Seller, except as set forth in an outstanding Claim, appeal, set-off, or express reservation of rights by Buyer. Buyer reserves all other claims or rights after final payment. B. The acceptance of final payment by Seller will constitute a waiver by Seller of all claims and rights against Buyer other than those pending matters that have been duly submitted or appealed under the provisions of Article 12. E1CDC®P-700,Standard General Conditions of the Procurement Contract. Copyright°2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of civil Engineers.All rights reserved. Page 32 of 35 ARTICLE 14—CANCELLATION,SUSPENSION,AND TERMINATION 14.01 Cancellation A. Buyer has the right to cancel the Procurement Contract, without cause, at any time prior to delivery of the Goods by written notice.Cancellation pursuant to the terms of this paragraph will not constitute a breach of contract by Buyer. Upon cancellation: 1. Buyer shall pay Seller for the direct costs incurred in producing any Goods that Seller has specially manufactured for the Project, plus a fair and reasonable amount for overhead and profit. 2. For Goods that are not specially manufactured for the Project,Seller shall be entitled to a restocking charge of 10 percent of the unpaid Procurement Contract Price of such Goods. 14.02 Suspension of Performance by Buyer A. Buyer has the right to suspend performance of the Procurement Contract for up to 90 days, without cause, by written notice. Upon suspension under this paragraph, Seller shall be entitled to an increase in the Procurement Contract Times and Procurement Contract Price caused by the suspension, provided that performance would not have been suspended or delayed for causes attributable to Seller. 14.03 Suspension of Performance by Seller A. Seller may suspend the furnishing of the Goods and Special Services only under the following circumstance: 1. Seller has reasonable grounds to conclude that Buyer will not perform its future payment obligations under the Procurement Contract; and 2. Seller has requested in writing assurances from Buyer that future payments will be made in accordance with the Procurement Contract, and Buyer has failed to provide such assurances within ten days of Seller's written request. 14.04 Breach and Termination A. Buyer's Breach 1. Seller shall have the right to terminate the Procurement Contract for cause by declaring a breach if Buyer fails to comply with any material provision of the Procurement Contract. Upon termination, Seller shall be entitled to all remedies provided by Laws and Regulations. 2. If Seller believes Buyer is in breach of its obligations under the Procurement Contract, Seller shall provide Buyer with reasonably prompt written notice setting forth in sufficient detail the reasons for declaring that it believes a breach has occurred. Buyer shall have 7 days from receipt of the written notice declaring the breach (or such longer period of time as Seller may grant in writing) within which to cure or to proceed diligently to cure such alleged breach. B. Seller's Breach 1. Buyer may terminate Seller's right to perform the Procurement Contract for cause by declaring a breach should Seller fail to comply with any material provision of the EJCDC®P-700,Standard General Conditions of the Procurement Contract. Copyright®2019 National Society of Professional Engineers,American Council of Engineering Companies, and American society of Civil Engineers.All rights reserved. Page 33 of 35 Procurement Contract Documents. Upon termination, Buyer shall be entitled to all remedies provided by Laws and Regulations. 2. In the event Buyer believes Seller is in breach of its obligations under the Procurement Contract, Buyer shall provide Seller with reasonably prompt written notice setting forth in sufficient detail the reasons for declaring that it believes a breach has occurred.Seller shall have 7 days from receipt of the written notice declaring the breach (or such longer period of time as Buyer may grant in writing) within which to cure or to proceed diligently to cure such alleged breach. 3. If and to the extent that Seller has provided a performance bond under the provisions of Paragraph 5.01, the notice and cure procedures of that bond, if any, will supersede the notice and cure procedures of Paragraph 14.04.6.2. ARTICLE 15—MISCELLANEOUS 15.01 Giving Notice A. Whenever any provision of the Procurement Contract requires the giving of written notice to Buyer,Seller, or Engineer, it will be deemed to have been validly given if delivered: 1. in person, by a commercial courier service or otherwise, to the recipient's place of business; 2. by registered or certified mail, postage prepaid,to the recipient's place of business; or 3. by e-mail to the recipient, with the words "Formal Notice" or similar in the e-mail's subject line. 15.02 Controlling Law A. This Procurement Contract is to be governed by the law of the state in which the Goods are to be installed. B. In the case of any conflict between the express terms of this Procurement Contract and the Uniform Commercial Code, as adopted in the state whose law governs, it is the intent of the parties that the express terms of this Procurement Contract will apply. 15.03 Computation of Time A. When any period of time is referred to in the Procurement Contract by number of days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 15.04 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Procurement Contract, and the provisions of this paragraph will be as effective as if repeated specifically in the Procurement Contract in connection with each particular duty,obligation, right,and remedy to which they apply. EJCDC®P-700,Standard General Conditions of the Procurement Contract. Copyright"2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 34 of 35 15.05 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Procurement Contract, as well as all continuing obligations indicated in the Procurement Contract, will survive final payment, completion, and acceptance of the Goods and Special Services or termination or completion of the Procurement Contract or of the services of Seller. 15,06 Entire Agreement A. Buyer and Seller agree that this Procurement Contract is the complete and final agreement between them,and supersedes all prior negotiations, representations,or agreements,either written or oral.This Procurement Contract may not be altered, modified,or amended except in writing signed by an authorized representative of both parties. 15.07 No Waiver A. A party's non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Procurement Contract. 15.08 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 15.09 Successors and Assigns A. Buyer and Seller each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Procurement Contract. EJCDC®P-700,Standard General Conditions of the Procurement Contract. Copyright®2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 35 of 35 SUPPLEMENTARY CONDITIONS OF THE PROCUREMENT CONTRACT TABLE OF CONTENTS Page Article 1—Definitions and Terminology...........................................................................................................................1 Article2—Prelim inary Matters..........................................................................................................................................I Article 3—Procurement Contract Documents...................................................................................................................1 Article 4—Commencement and Progress of Work...........................................................................................................I Article5—Bonds and Insurance.........................................................................................................................................I Article6—Licenses and Fees.............................................................................................................................................3 Article7—Seller's Responsibilities...................................................................................................................................3 Article8—Shipping and Delivery......................................................................................................................................4 Article9—Buyer's Rights...................................................................................................................................................4 Article10—Engineer's Status............................................................................................................................................4 Article11—Changes...........................................................................................................................................................4 Article 12—Claims,Disputes,and Dispute Resolution....................................................................................................5 Article13—Payment...........................................................................................................................................................5 Article 14—Cancellation,Suspension,and Termination..................................................................................................5 Article15—Miscellaneous..................................................................................................................................................5 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract P800 Supplementary Conditions ofthe Procurement Cntr 2019 800-1 SUPPLEMENTARY CONDITIONS OF THE PROCUREMENT CONTRACT These Sup plementaryConditionsamend or supplement EJCDC°P-700,Standard General Conditions of the Procurement Contract(2019).The General Conditions remain in full force and effect except as amended. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below,which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions,with the prefix"SC"added—for example,"Paragraph SC-4.05." ARTICLE 1—DEFINITIONSANDTERMINOLOGY No suggested Supplementary Conditions in this Article. ARTICLE 2—PRELIMINARYMATTERS 2.01 Copies of Documents SC-2.01 Amend the first sentence of Paragraph 2.02.A.to read as follows: Buyer shall furnish to Seller 3 printed copies of the Procurement Contract Documents(including one fully signed counterpart of the Procurement Agreement),and one copyin electronic portable document format (PDF). ARTICLE 3—PROCU REMENT CONTRACT DOCUMENTS No suggested Supplementary Conditions in this Article. ARTICLE 4—COMMEN CEMENT AN D PROGRESS OF WORK No suggested Supplementary Conditions in this Article. ARTICLE 5—BON DS AN D I NSURANCE 5.02 Insurance SC-5.02 Add the following new paragraphs immediately after Paragraph 5.02.E: F. Seller shall purchase and maintain such liability and other insurance as is appropriate forthe furnishing of Goods and Special Servicesand as will provide protection from claims set forth below which may arise out of or result from Seller's furnishing of the Goods or Special Services and Seller's other obligations underthe Procurement Contract Documents,whether the furnishing of Goods and Special Services or other obligations are to be performed by Seller,any subcontractor or supplier,or by anyone directly or indirectly employed by any of them to furnish the Goods and Special Services,or by anyone for whose acts any of them may be liable: 1. claims under workers'compensation,disability benefits,and other similar employee benefitacts; 2. claims for damages because of bodily injury,occupational sickness or disease,or death of Seller's employees; 3. claims for damages because of bodilyinjury,sickness ordisease,ordeath of any person other than Seller's employees; HDR Project No. 10176456 City ofBozeman Solids Handling and Headworks Procurement Contract P800 Supplementary Conditions ofthe Procurement Cntr 2019 800-1 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: (a)by any person as a result of an offense directly or indirectly related to the employmentof such person by Seller,or(b) by any other person for any other reason; 5. claims for damages,other than to the Goods, because of injury to or destruction of tangible propertywherever located,including loss of use resultingtherefrom;and 6. claims for damages because ofbodilyinjuryordeathofanypersonor property damage arising out of the ownership,maintenance or use of any motorvehicle. G. The policies of insurance so required by this Paragraph s.02tobe purchased and maintained must: 1. with respect to insurance required by Paragraphs SC-5.02.F.3 through SC-5.02.F.6 inclusive,include as additional insureds(subjectto any customary exclusion in respect of professional liability)Buyer,Engineer,their consultants,and otherpersonsor entities to be included on policy as additional insureds,all of whom must be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees,agents,and other consultants and subcontractors of each and any of all such additional insureds,and the insurance afforded to these additional insuredsmust provide primarycoverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided belowor required by Laws or Regulations,whicheveris greater; 3. include completed operations insurance; 4. include contractual liability insurance covering Seller's indemnity obligations under Paragraph 7.07; 5. contain a provision ore ndorsement that the coverage affordedwill not be canceled,or renewal refused, until at least 10 days prior written notice has been given to the purchasing policyholder.Within three days of receipt of any such written notice,the purchasing policyholder wilI provide a copy of the notice to the other party,each other insured,and Engineer; 6. remain in effect at least until final payment and at all times thereafterwhen Seller may be correcting, removing, or replacing non-conforming Goods in accordance with Paragraph 9.03 and 9.04;and 7. with respect to completed operations insurance,and any insurance coverage written on a claims-made basis,remain in effectfor at leasttwo years after final payment(and Seller shall furnish Buyer and each other additional insured identified in these Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactoryto Buyerand any such additional insured of continuation of such insurance atfinal payment and one year thereafter). H. The limits of liability for the insurance required by Paragraph SC-5.02.F must provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers'Compensation,and related coverages under Paragraphs SC-5.02.F.1 and F.2: Workers'Compensation and Related Policies Policy limitsofnot less than Workers'Com ensation State Statutory Applicable Federal(e.g.,Longshoreman's) Statutory Foreign voluntary workers'compensation(employer's responsibility Statutory coverage),if applicable Employer's Liability HDR Project No. 10176456 City ofBozeinan Solids Handling and Headworks Procurement Contract P800 Supplementary Conditions ofthe Procurement Cntr 2019 800-2 Workers'Compensation and Related Policies Policy limits of not less than Policy limit $500,000.00 2. Seller's General Liability under Paragraphs SC-5.02.F.3 through F.6 which must include completed operations and product liability coverages and eliminate the exclusionwith respectto property under the care,custody and control of Seller: Commercial General Liability Policy limits of not less than General Aggregate $3,000,000.00 Products—Completed 0perationsAggregate $3,000,000.00 Personal and Advertising Injury $2,000,000.00 Bodily Injury and Property Damage—Each Occurrence $1,000,000.00 3. Automobile Liability under Paragraph SC-5.02.F.6: Automobile Liability Policy limits of not less than Bodily Injury Each Person $500,000.00 Each Accident $1,000,000.00 Property Damage Each Accident $1,000,000.00 or Combined SingleLimit Combined Single Limit(Bodil Injury and Property Damage) $1,000,000.00 I. Seller shall deliver to Buyer, with copies to each additional insured identified in these Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Buyeror any otheradditional insured)which Seller is requiredto purchase and maintain. ARTICLE 6—LICENSESANDFEES No suggested Supplementary Conditions in this Article. ARTICLE 7—SELLER'S RESPONSIBILITIES 7.07 Indemnification SC-7.07A Amend General Conditions C 7.07Ato read as follows: A. To the fullest extent permitted by Laws and Regulations,Seller shall indemnify and hold harmless Buyer, Engineer, Project Owner, and any assignee of Buyer, including Contractor/Assignee,and their officers,directors, members,partners,employees,agents, consultants,contractors,and subcontractors,from and against all claims, costs,losses,and damages(including but not limited to all fees and charges of engineers,architects,attorneys and other professionals and all courtor arbitration or otherdispute resolution costs)arising out of or relating to the performance of Seller's obligations under the Procurement Contract, provided that any such claim, cost,loss, or damage of tangible property(other than the Goods themselves),including the loss of use resulting therefrom,without limit and without regard to the cause or causes thereof or the negligence or any party or parties that may be asserted against,recovered from or suffered by the Buyeroccasioned by growing or arising out of or resulting from or in any way related to: (i)the negligent, reckless,or intentional HDR Project No. 10176456 City ofBozeman Solids Handling and Headworks Procurement Contract P800 Supplementary Conditions ofthe Procurement Cntr 2019 800-3 misconduct of the Seller;or (ii) any negligent, reckless,or intentional misconduct of any of the Seller's agents. SC-7.07C Add Section SC 7.07C immediately following 7.07E C. Seller's obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge,or reduce any common-law or statutory rights of the indemnitee(s)which would otherwise exist as to such indemnitee(s). SC-7.07D Add Section SC 7.07D immediately following SC 7.07C D. Should any indemnitee described herein be required to bring an action againstthe Seller to assert its right to defense or indemnification under this Procurement Agreement or under the Seller's applicable insurance policies the indemnitee shall be entitled to recover reasonable costs and attorney's fees incurred in asserting its right to indemnification or defense but on if a court of competent jurisdiction determines the Seller was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for claim(s) or any portion(s)thereof. SC-7.07E Add Section SC 7.07E immediate lyfollowing SC 7.07D E. In the event of an action filed againstthe Buyer resulting from the Buyer's performance under the ProcurementAgreement,the Buyer may elect to represent itself and incur all costs and expenses of suit. SC-7.07F Add Section SC 7.07F immediate lyfollowing SC 7.07E F. The Seller waives anyand all claims and recourse againstthe Buyer,Engineer,Project Owner, and any assignee of Buyer, including Contractor/Assignee, and their officers, directors, members, partners, employees, agents, consultants, contractors, and subcontractors, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of the Procurement Agreement except"responsibility for [Buyer's] own fraud,for willful injury to the person or property of another,or for violation of law,whetherwillful ornegligent"as per §28-2-702,MCA. ARTICLE 8—SHIPPING AND DELIVERY No suggested Supplementary Conditions in this Article. ARTICLE 9—BUYER'S RIGHTS 9.01 Correction Period SC 9.04 Amend Paragraph 9.04.A.to read as follows: Seller's responsibility for correcting all non-conformities in the Goods and SpecialServiceswill extend fora period of two years afterthe acceptance of the Goods and Special Services in accordance with Paragraph ARTICLE 10—ENGINEER'S STATUS No suggested Supplementary Conditions in this Article. ARTICLE 11—CHANGES No suggested Supplementary Conditions in this Article. HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract P800 Supplementary Conditions ofthe Procurement Cntr 2019 900-4 ARTICLE 12—CLAIMS,DISPUTES,AND DISPUTE RESOLUTION ARTICLE 13—PAYMENT No suggested Supplementary Conditions in this Article. ARTICLE 14—CANCELLATION,SUSPENSION,AND TERMINATION No suggested Supplementary Conditions in this Article. ARTICLE 15—MISCELLANEOUS 15.10 Nondiscrimination and Equal Pay SC 15.10 Add the following new paragraph immediatelyafter 15.09 Seller agrees that all hiring or assignment by Sellerof persons performing this Procurement Contract shall be based on merit and qualifications.Sellerwill have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws,regulations,and contracts. Seller will not refuse employment to a person,bar a person from employment,or discriminate against a person in compensation or in a term,condition,or privilege of employment because of race,color,religion,creed, political ideas, sex, age, marital status, national origin,actual or perceived sexual orientation,gender identity,physical ormental disability,exceptwhenthe reasonable demands of the position require an age, physical or mental disability,marital status or sex distinction. Seller shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Seller represents it is, and for the term of this Procurement Contract will be, in compliance with the requirements of the Equal Pay Actof 1963 and Section 39-3-104,MCA(the Montana Equal Pay Act).Seller must re port to Buyer any violations of the Montana Equal PayAct that Se ller ha s been found gu ilty of within 60 days of such finding for violations occurring during the term of this Procurement Contract. Seller shall require these nondiscrimination terms of its subcontractors providing services under this Procurement Contract. HDR Project No. 10176456 City ofBozeman Solids Handling and Headworks Procurement Contract P800 Supplementary Conditions ofthe Procurement Cntr 2019 800-5 SECTION 46 21 13 MECHANICALLY CLEANED BAR SCREEN (TRAVELLING MULTI-RAKE SCREEN "RAKEMAX-J") PART1 - GENERAL 1.1 SCOPE A. Contractor shall furnish and install one(1)mechanically cleaned bar screens with multiple rake blades as indicated onthe drawings. Each screen shall be manufactured from AISI304L stainless steel shapes. Fabrication and assembly shall be in conformance with these specifications and drawings. B. Each screen shall be fumished complete with barrack,dead plate,discharge chute,side frames, covers,rake blades,drive chains,sprockets andbearings,scraper assembly,drive motor,gear reducer,anchor bolts,controls and a It accessories and appurtenances specified or otherwise required fora complete and properly operating installation. C. Contractor shall coordinate all details of the equipment with otherrela led parts of the work. He sha llverify that all structures,piping,wiring,and equipment components are compatible. Contractor shall be responsible for a ll structural and other alterations required to accommodate equipment differing in dimensions or other characteristics from these specifications and drawings. D. Contractor shall insta H the equipment according to instructions andrecommendations of the equipment manufacturer. E. Powersupply is 48 0 Volts,60 Hz,3-phase. 1.2 REFERENCES A. American Society forTesting and Materials(ASTM)Pub lications: 1. Section A3 22:Carbon and Alloy Steel B a r Specifications. 2. Section A5 0 7-10:Standard Specification for Drawing Alloy Steel,Sheet and Strip,Ho t- Rolled and Cold Rolled. B. Anti-Friction Bearing Manufacturers Association(AFBMA): 1. Standard 9-90 LoadRatings andFatigue Life for Ball Bearings. 2. Standard 11-90 Load Ratings and Fatigue Life for RollerBearings. 1.3 SUBMITTALS A. The manufacturer shall furnish five(5)sets of bound submittals in addition to one(1)electronic version on CD/DVD. The following information shall be submitted to the Engineer to establish compliance with this specification. Submittals shall include the following: B. Product Data:Include the following: 1. Descriptive literature,brochures,and/or catalogs ofthe equipment 2. Motor characteristics andperfonnanceinfomtation. 3. Gearreducer data including service factor,efficiency,torque rating,and materia Is. 4. Parts list including a list of recommended spare parts. C. Shop Drawings:Include the following: 1. Manufacturer's installation drawings. 2. Wiring and schematic diagrams. D. Operations and maintenance manual HDR Project No. 10176456 City of Bozeman Solids Handlingand Headworks Procurement Contract MECHANIALLY CLEANED SCREENS-TRAVELLING RAKE TYPE(RAKE-J) 46 21 13-1 E. Installa tionreference list. F. Detailed installation instructions. G. Equipment weights and lifting points. H. Recommendations for short a nd long term storage. I. A copy of the manufacturer's warranty J. A copy of documents proving certification ofthe Manufacturer's Quality Management System a ccording to I SO 9 001 and Environmental Protection Management System a ccording to ISO 14001. 1.4 QUALITY ASSURANCE A. To ensure quality,conformance,and reliability with regard to the manufacturing and production of the equipment,the manufacturer shall meet a ll requirements listed hereafter: B. Manufacturershallhave a minimum of twenty(20)years experience producing equipment substantially similarto that required and shallbe able to submit documentation of at least fifteen (15)independent installations using the same size or la rger equipment a s detailed in the below. Each installation must have been in sa tisfactory operation for a t least five(5)years. C. The Contract Documents represent the minimum acceptable standards for the screening equipment for this project. All equipment shall conform fully in every respect to the requirements of the respective parts and sections of the drawings and specifications. The entire unit shallbe Manufacturer's standard product,but shallbe modified,redesigned,furnished with specia 1 features or accessories,made ofmaterials or provided with finishes as maybe necessary to conform to the qualitymandatedby the technical and performance requirements of the specification. D. The entire unit shall be manufactured from AISI 3 04L stainless steel shapes, Allcomponents made of stainless steel shall be pa ssivated by full submergence in a pickling ba th forperfect surface finishing. No stainless steel components maybe fabricated or a ssembled in a factory where carbon steelproducts arealso fabricated,in order to prevent contaminationby rust. E. Electric motors,gear reducers,and other self-contained or enclosed components shall have an a crylic enamel finish. F. All stainless steelparts of the unit shall be fully submerged into a pickling bath for at least 2 hours to remove welding spots and to protect the stainless steel against corrosion.Glass bead blast or chemically treated stainless steel sha llnot be allowed. G. Manufacturer shall provide evidence ofOrigina I Equipment Manufacturer(OEM)of the specified screen design and manufacturing.Licensed screen designs shall not be accepted. H. Fabricationshallbe done in compliance with a 11 applicable ASTM standards or equivalent international standards. I. All welding in the factory shall use shielded arc,inert gas,MIG orTIG method. Fillerwireshall be added to all welds to provide for across section equal to or greater than the parent metal. Butt welds sha ll fully penetrate to the interior surface and gas shielding to interior and exterior of the j oint shallbe provided. J. Bolts,nuts and washers shallbe selected from AISI 3 04L or 3 16L stainless steel such that they are anti-seizing. K. Manufacturer shall have established an ISO 9001 certified quality management system. Equipment suppliers notutilizing ISO 9001 facilities shall not be considered or approved for this project. Equipment supplier shall provide evidence of certification before being named as an acceptable manufacturer. HDR Project No. 10176456 City of Bozeman Solids Handling and Headwodcs Procurement Contract MECHANIALLY CLEANED SCREENS-TRAVELLING RAKE TYPE(RAKE-J) 4621 13-2 L. Manufacturer shall have established an ISO14001 certified environmental protection management system designed to monitor and help minimize the harmful effects on the environment caused by its manufacturing processes. Equipment suppliers not utilizing ISO 14001 facilities shall not be considered or approved for this project. Equipment supplier sha 11 provide evidence ofcertificationbefore being named as an acceptable manufacturer. M. All welding is performed in accordance with American Welding Society(AWS)D 1.1 Structural Welding Code,orequivalent. N. Manufacturer shall provide screen,motors,gear reducers,controls,control panels,and lifting attachments as a complete integrated package to ensure proper coordination,compatibility,and opera tionof the system. The manufacturer shall test-run the fully assembled machine in his factory before shipment. O. Manufacturer shall provide services bya factory-trained Service Engineer,specifically trained on the type of equipment specified. The Service Engineer requirements include,but are not limited to the following: 1. The Service Engineer shall be present during initial energizing of equipment todetermine directional testing as described in Section 4.01 C(Installation). 2. The Service Engineer shall inspect and verify location of anchor bolts,placement,leveling, a lignment and field erection ofequipment,as wellas control panel operation and electrical connections. 3. The Service Engineershallprovide classroom and/or field training on the Operation and Maintenance ofthe equipment to operator personnel. These instructions may include the use of slides,videos,literature,and/or oral presentations. 4. Manufacturer shall state field service rates for a Service Engineer to Owner and Contractor. In the event that the field service timerequired by this section should not be sufficient to properly place the equipment into operation,and the requirement for additional tim a is beyondthemanufacturer's responsibility,additional time shall be purchased by Contractor to correct deficiencies in installation,equipment,ormaterial without additional cost to Owner. 1.5 DELIVERY,STORAGE,AND HANDLING OF EQUIPMENT A. All equipment shallbe shipped and deliveredfully assembled,exceptwhere partialdisassembly is required in order to conform to transportation regulations or for the protection of components. B. Contractor shall be responsible for unloading of the machinery and shall have equipment on-site available at the time of delivery pennitting proper hoisting of the equipment. 1.6 ENGINEER'S APPROVAL OF ALTERNATE EQUIPMENT A. Manufacturerof alternate equipment shall submit a pre-approvalpackage to Engineer at least two(2)weeks priorto bid date. Alternate manufacturer shall submit the following information and supporting documentation: 1. Standard equipment drawings showing the equipment meeting the specifications in this section. If the proposed equipment does not meet these specifications,any deviation from the specification must be expressly noted. All deviations shall be listed on a single document. 2. Detailed installa tion drawings illustratinghow theproposed screen fits in the channel. The drawings shall include plan,elevation,and sectional views of the installation. Drawings shall include details of the discharge chute,details of the seal between screen and side walls of the channel,and details of anchor bolt locations. 3. Hydraulic calculations and flow curves for the proposed screen verifying that the screen is capable of processing the peak flow. 4. Motor characteristicsandperfounanceinfonnation. 5. Reference list of allinstallations ofsameandsimilar equipment. 6. Complete billof materials forallequipment. HDR Project No. 10176456 City ofBozeman Solids Handling and Headwodcs Procurement Contract MECHANIALLY CLEANED SCREENS-TRAVELLING RAKE TYPE(RAKE-J) 4621 13-3 7. Certification by them anufacturerthatallstainless steel equipment will bemanufacturednia stainless steel only factory. 8. Certifica lion that the entire equipment will be passivated by submersion in an acid bath as specified in chapter2.03. 9. Documentationof required maintenance forall equipment including an approved list of lubricants and the required quantities. PART 2- PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. RakeMax-JMode13840x775/12 from Huber Technology,Inc. B. Traveling Multi-Rake Screen from pre-approved alternate manufacturer(s),as per section 1.06 above. C. Alternatesshallnot be acceptable unless pre-approved. Costs for changes in design to accommodate alternative offers shaft be borne by the alternate screen provider. 2.2 PERFORMANCE AND DESIGN REQUIREMENTS A. Each screenshallbe capable of processing a peak flow of 18 Million Gallons perDay(MGD)of municipal wa stewaterwith no less than 12"of freeboard when installed in a 3.5'wide channel 5.5'deep with a bar spacing of 1/2". Inclination of the bar rack shall be 55 degrees.Effective screen area shall have a minimum of 60%free open-area forwa terflow. The Screen shall lift and discharge screenings 9.23'(maximum 65 ft or20 m)above the bottom ofthe channel onto a discharge chute without use of brushes or spray washers. The operating floor level shall be5.5' above the bottom of the channel. B. Minimum flow through the screen shall be2ft/s C. The downstream water level at peak flow will be approximately6'above channel bottom. D. The maximutnupstrearn wa terlevel shall not exceed 40 inches above channel bottom.The screen shallbe capable of processing the peak flow without exceeding the maximum upstream water level based on a 3 0%reduction ofthe screen's free open-area. E. Thetravelspeed ofthe rakes shallbe between 26 and 39 feetperminute(8 to 12 m/min). F. All parts shallbe designed and manufactured to handle the forces that maybe exerted on the screen during fabrication,shipping,erection,andproper operation according to the O&M manual. G. All components shallbe so designed that jammingat any point willnot result in structural failure but will cause the drivemotorto stall.All components,including the gear reducer,shall be designed to withstand,without damage orpermanent distortion,the full sta lling torque of the drive motor and/or them aximum differenftalhead at any channel water depth. 2.3 BAR SCREEN DESIGN SPECIFICATIONS A. MATERIALS 1. Screen shallbe manufactured from AISI304L stainless steel shapes(rods,angles,and channels),pipes,and sheets. Inparticular,side frames and guides,barrack,rake assembly, scraper assembly,shafting,discharge chute,fasteners and anchor bolts shallbe made of this material. 2. Screen shallbe manufactured in a stainless steel only factory to prevent contamination of the stainless steel with rusty dust. 3. All stainless steel components and structures shall be submersed in a chemicalba th ofnitric acid and hydrofluoric acid(pickling bath)to remove any residues thatmaybe present on the materialas a result of forming,manufacture,orhandling. After removal from the pickling HDR Project No. 10176456 City ofBozeman Solids Handling and Headwodcs Procurement Contract MECHANIALLY CLEANED SCREENS-TRAVELLING RAKE TYPE(RAKE-J) 4621 13-4 bath,the equipment must be washed with a high-pressure wash of cold water to remove any remaining surface debris and promote the formation of an oxidizedpassive layer which is critical to the long life of the stainless steel. Sandblasting,bead blasting,spray pickling or hand pickling of stainless steel surfaces shallnot be acceptable 4. Chains and sprockets shall be made of hardened stainless steel. Chain rollers shallbe made of polyamide. 5. Lower sprocket bearings shall have a stainless steel casing including a shaft made of white cast iron anda ceramic(silicon carbide)lowfriction bushing. 6. Uppersprocket bearings shallhave a paint coatedcast iron casing and include hall bearings with grease nipples thatare double-sealed with Nilos rings. B. CONSTRUCTION 1. The bar screen shall remove debris(screenings)from the incoming wa stewater by means of a positively cleaned barrack that is installed in a concrete channel.The screen shall retain debris at the barrack A multitude of rake blades shall remove and lift the debris to a discharge mechanism. The barrack shallbe cleaned bya seriesof rakes engaging the bar rack from theupstreamside(front)at the bottom of the channel and then moving up along the barrack. The debris shallbe lifted above the channel and dropped on a discharge chute at the downstream side(back)of the screen. Screens with single rakes shallnot be approved. Screens employing brushes and spray water for screenings removal shall not be approved. 2. The barrack shall consist of equally spaced bars that are inclined from the horizontal with the inclina tion angle specified above,with a J-shape lower section to match the rotating rake's pattern. The lower ends ofthe bars shallbe provided with a minimum 10/64"(4 mm) thick curvedbase plate such that the rakes positively remove all screenings from the bottom ofthebarrack. Bars shall have a teardrop(up toabarspacingof%2inchor12 mm)cross section. Teardrop bars shallhavea width of5/16"(8mm),a depth ofminimum2.4"(60 mm)a nd a tail width of 13/64"(5mm).Round,rectangular or trapezoidal bar shapes will not be acceptable. The barrackshallbe made up ofequally sized sections securely fastened to the frame of the screen and be readily removable. Screens without the ability to replace bar screen sections will not be acceptable forthis project. 3. The bar screen shall be provided with a dead plate extending from thebar rack to the discharge chute.The dead plate shall be made of 10/64 inch or4 mm thick stainless steel plate and shallbe stiffened by structural members so that it is flat without undulation so that the tips of the rake's teeth ride at distance between 5/64 and 10.64 inch(Ito 2 mm)over the deadplate.The dead plate shall be securely fastened to the side frames. 4. A discharge chuteshallbe provided thatfully encloses the discharge section ofthe screen. Ana ccess hatch with hinges and a handle shall be provided in the chute permitting easy access.The discharge chute shallbe mounted to direct screenings into the appropriate receiving container or conveyor.The chute shall have a slope ofminimum 60 degrees.The discharge chute shall be made of a minimum 2.5 mm thick stainless steel pla te. 5. A frame shall be provided supporting all required loads. Side frames shallbe made of0.16" (4 mm)thick 3 04 stainless steel plates with a minimum of four axial edges and shall have a width of minimum 24.75 inches(629mm). Maximum deflection offrameat50,000Nat 3 0 00mm length shall be 1.Omm.The side frames shall be connected with each other through channels having a minimum thickness of 10/64 inch(4 mm)and a minimum cross section of 4-1/4"x 2"(108 x 49 mm). The side frames shallbe connected to support frames.The support frames shallbe securely anchored onto the operating floor. 6. The screen shallbe provided with easily removable,sufficiently stiffened covers made of 3/64 inch(1.5 mm)thick stainless steelplates with edges on allsides.The covers shallbe provided with turnlocks and handles. 7. 10/64 inch(4 mm)thick EPDM strips shall be fastened to the side frames to seal the lateral gaps between theside frames and the channelwalls. 8. Each side frame shall include separaterollertracks to guide the rakes.The roller tracks shall be bolted to the frame so that they caneasily be replaced.Therollertracks shallbe madeof 10/64"(4 mm)thick L-profiles. HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract MECHANIALLY CLEANED SCREENS-TRAVELLING RAKE TYPE(RAKE-J) 4621 13-5 9. Drive chains for the rakes shall be roller type chains and shall have links made from 316L Stainless Steel.The chain bushes and pins shall be made from AISI-431 Stainless Steel. Each chain shall berated for a maximum load of 5 6,000N(12,589lbs).Drive chains,chain guides,sprockets and their bearings shall be replaceable without the need for removing the screen from the channel. Chain pitchshallbe no less than 6-5/16 inch(160mm).Screens utilizing drive chains constructed from altemative materials will not be acceptable for this project due to thecorrosive nature of wastewater. 10. Chain rollers shallbe made ofpolyamideandshallhavea diameter of2-3/8 inch(60mm) and shallbe a minimum of 1-1/4 inch(32 mm)wide. 11. Each screenshaU be provided with four sprockets with a reference diameterof 13 inches (327 mm).The lowersprockets shallbe solid.The uppersprockets shallbe split to facilitate ma intenance.The sprockets shallbe made of minimum 1-1/8"(29 mm)thick 316L stainless steelplates. Screen designs that utilize sprockets constructing of differing matetiaIs will not be acceptable for this project. 12. Stainless steel guards shall be provided bolted to the screen frame andpartially cover the lower sprockets to provide protection from large debris. 13. Upper b ea rings shallbe flange bearings and shallbe provided with grease nipples for easy lubrication. The bearings shallbe designed foruse with biodegradable grease. Their diametershallbe a minimum of2 inch(50mm).The casing shallbe made of paint coated ca st iron. 14. Lowerbea rings shallbe slide bearings in a stainless steel casing.They shall include white cast iron shafts and silicon carbide slide bushings with a length of 2"(50 mm)and an intema 1 diameter of minimum 2-5/16"(5 9 mm).Bearings employing slide bushings made of plastic materialshallnot be accepted. Screen designs thatutilize guide tracks orshoes will not be acceptable forthisproject. 15. Rakes shall include rake bars made of/a"(6 mm)thick channel profile having a cross section of 4-l/4"x 2-3/8"(105 x 60 mm).Rakeblades with a thickness of 5/8"(15mm)and a depth ofminimum 6-1/2"(170 mm)shallbe bolted onthe rakebars.The rake blades shall have teeth matching and engaging thebars of the barra ck.The rake blades shall ea ch consist of severalpieces with teeth such that only one of thepieces needs to be replaced in ca se that a toothshouldbe damaged. 16. A pivoting scrapermechanismshallbepositionedatthepointof discharge and shallbe attached to the side frames.The scrapershallclean the rake oneachpass andreturn to its rest position with minimal shock The scraper shallbe designed such that screenings do not wrap a round the ra ke or .scra per.The scraper shallbe provided with a scraper bar made 10/64"inch(4 mm)thick channel profile with a minimum cross section of 1-1/2"x 2- 1 1/16"(39 x 68 mm)and an adjustable 3/8 inch(10 mm)thickwipermade ofPolyethylene. The scraper shallbe connected with the frame through a pair of minimum 20 inch(500 mm) long scraper arms that shallbe made of 10/64"inch(4 mm)thick channel profile with a minimum cross section of 2-3/4"x 2-3/8"(6 8 x 59 mm.).A pa it of shock absorber elements ma de of neoprene shall be provided. 17. The drive shaft shallbe hollow andhavea diameter of minimum 3-1/8 inch(80mm)and a wall thickness of minimum 13/64"(5 mm).Solid drive shafts shallnot be accepted. 18. The drive shaft shall include an integral rocker arm assembly on the drive end that flexes if the screen rakes get j ammed. 19. The rocker arm assembly shall consist of a driveunit mounted to a stainless steel arm. The stainless steel arm will be held in place by a flanged roller bearing connected to the drive shaft and two heavy duty tension springs. The flangebearingshallbe connected to the rocker arm by four bolts. The rocker arm position shall be maintained in the standard opera tingposition by the two tension springs.An intrinsically safe proximity switch shall indicate the position. 20. The drive unit shallbe designed for continuous service and intemuttentspraywa ter contact. 21. The bevel gear reducer shall be a totally enclosedunit.Gear reducer shall have ballorroller bearings throughoutwith allmovingparts immersed in oil.Gearreducers whichrequire periodic disassembly of theunit and manual re-grea sing of bearings are not acceptable.The HDR Project No. 10176456 City ofBozeinan Solids Handling and Headworks Procurement Contract MECHANIALLY CLEANED SCREENS-TRAVELLING RAKE TYPE(RAKE-J) 4621 13-6 nominal input powerra ting of the gearreducer shall beat least equal to the nominal horsepowerof thedrive motor.Gear reducer shall be designed and manufactured in compliance with applicable AGMA or equivalent standards.During continuous operation the oil temperature shallnot exceed200 degrees F(95 degrees C). 22. The rake assembly shall be driven byanelectric motor.The motorshall be UL ra ted for operationin Class 1 Division I environment.Themotorshallbe inverter duty rated,1.0 hp, 460 Volts,60 Hz,3-phase.The motor shall be rated for operation in a 104degreeF(40 degree C)environment. 2.4 CONTROLS AND INSTRUMENTATION A. GENERAL 1. The control system shall be provided by the screen supplier. B. LOCAL CONTROLS ONEACH SCREEN 1. One(1)NEMA7,Class 1 Division 1 approved Cast Aluminum local control station C. WATER LEVEL SENSORS 1. Barscreen manufacturer shall provide oneMiltronics HydroRanger200 with(2)STH transducers for continuously monitoring of the upstream and downstream water levels for control of screen operation.The transducers shallbe ratedforClass 1 Division 1 hazardous locations and shall beintrinsically safe withoutthe use of additional barriers. The transmitter shall be mounted next to the main controlpanel.Contractor shall installthe transducers andprovide wiring to the controlpanel. D. CONTROLPANEL 1. A single main control panel sha Ube furnishedwith a lockable NEMA 4X corrosion- resistant stainless-steel enclosure togetherwith a single loca 1push button station rated for a NEMA7,Class 1 Division 1 environment. 2. Controls panel shall be madeby a U.L.listed company and shallbeara U.L.label. 3. Controlpanel wiring sha H be color coded,neatly cabled and supported in non-flammable wiring tra cks. Wiring shallbeminimum14 gauge MTW stranded wire. 4. Controlp anel shall contain a H p ower and control devices necessary for theproper function of the screen andshall include thefollowing: a. 600-Volt ratedmain circuit breaker disconnect with lockable handle b. 480—120 Volt control power tra nsformer c. Reversible Screen VFD,Square D Altivar 31 orequal d. HAND-OFF-AUTO selector switch for the operation of the bar screen drive e. FORWARD-OFF-REVERSE selector switch for HAND operation. Switch shall spring return from REVERSE to OFF f. Red pilot light for"Screen Run"indication g. Amberpilot light for"Fault"indication h. Amberpilot light for"High Water Lever'indication i. White pilot light for"Control Power"indication j. Alarm silence andreset push buttons k. Push-to-Stop/Pull-toRunemergency stop maintained push button with lockout 1. Dry contacts forrem ote indication of"Fault","Screen Running",and"High Level' m. Controlrelays,wiring and circuitry required to implement thecontrollogic n. High Level Float switch o. Programmable controller(PLC)Micrologix 1400minimum. p. Operator interface Allen Bra dleyPanelView C400 to provide following: 1) Display of current fault 2) Alarm History 3) MotorHourMeter 4) Operator access to user a dj ustable setpoints E. SEQUENCE OF OPERATION HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract MECHANIALLY CLEANED SCREENS-TRAVELLING RAKE TYPE(RAKE-J) 4621 13-7 I. In AUTO position the screen shall be controlled by the water level sensors.Screen operation shallbe started when the water level sensors monitor certain water level difference,when the ultrasonic level sensor detects high water level,orwhen a certain time has passed since the last operation of the screen.Screen operation shall be stopped with an adjustable delay time after the water difference is below certain value and after the ultrasonic level sensor ceases to indicate high water alarm,or after a certain tun time has expired(if operation was started by timer). 2. If the screen rakes experience a j am,the force will cause the rocker a tm described above to rotate around the drive shaft,compressing one of the tension springs. This motion shall be limitedbya rockerguide. When therocker arm rotates out ofthenotmal operating position a proxim ity sensor will send a signa Ito the PLC causing them otorto enter self clearing mode. The self clearing mode with attemptto reverse the direction of travel of the rakes for a set period before resuming forward operation. This cycle will be a ttemptedup to three(3) times;if the self clearing mode should prove unsuccessful then the system shall initiate an a la rm signal. 3. Reset ism anually performed after correction of any cause for a trip-out. 4. In HAND position the operator shall be able to tun the rake assembly selecting the respective FORWARD or REVERSE direction from the FORWARD-OFF-REVERSE selector switch. PART 3 - SPARE PARTS 3.1 SPARE PARTS A. The following Spare Parts shallbe included and supplied togetherwith the equipment: 1. Two(2)Sets of rake plates 2. Two(2)Lowerbearing assemblies 3. Two(2)Wipers for scraper 4. Two(2)Proximity switches B. Spare parts shall be packaged with labels indicating the contents ofea chpackage and shall be delivered to Owner as directed. PART 4- EXECUTION 4.1 INSTALLATION AND TESTING A. Contractor shall verify a Itdimensions in the field to ensure compliance ofequipment dimensions with the drawings.Contractor shall notify Engineer of significant deviations. B. Installa tion of the equipment shall be in strict accordance with the contract documents and the manufacturer's instructions and shop drawings. Manufacturer shall supply anchor bolts forthe equipment. Contractors shall installthe anchor bolts in accordance with the manufacturer's recommendations C. Supp her sha U furnish the services ofa factory-trained Service Engineer for one(1)trip including a total of two(2)days to inspect the installation,observe startup,andprovide opetatortra ining. 1. Equipm ent shall not be energized,or"bumped"to check the electrical connection form otor ro ta tion without the Service Engineer present. 2. The Service Engineer shatimake all necessary adjushnents and settings to thecontrols. 3. The Service Engineer shall demonstrate proper and sequential operation ofthescreen. The screen shall operate automatically based on the water level differential. END OF SECTION HDR Project No. 10176456 City ofBozeman Solids Handling and Headwodcs Procurement Contract MECHANIALLY CLEANED SCREENS-TRAVELLING RAKE TYPE(RAKE-J) 4621 13-8 SECTION 46 21 73 SCREENINGS WASHER PART 1 - GENERAL 1.1 SCOPE A. Contractor shall furnish,install and place into satisfactory operating condition one(1)screenings wash a ndpress(WAP)for wa shing,dewatering and compacting,and conveying screenings material from a screen and discharging them into screening bags(bagger optional);as shown on the drawings and described in the specifications. B. It is the intent of these specifications thatallequipment called forunder this section shallbe supplied by a single manufacturer. 1.2 REFERENCES A. American Society for Testing and Materials(ASTM)Pub lica tions: 1. Section A3 22:Carbon and Alloy Steel Bar Specifications. 2. Section A507-10:Standard Specification for Drawing Alloy Steel,Sheet and Strip,H ot- Rolled and Cold Rolled B. Anti-Friction Bearing Manufacturers Association(AFBMA)Publications: 1. Standard 9-90 Load Ratings and Fatigue Life for Ball Bearings. 2. Standard 11-90 Load Ratings andFatigue Life forRollerBearings. C. AmericanInstituteof Steel Construction(AISC)Publications D. American Welding Society(AWS)Publica tions E. AmericanStructures Painting Council(ASPC)Publications 1.3 SUBMITTALS A. The following information shallbe submitted to the engineer. In accordance with Section 0 13 00,copies ofa ll materials required to establish compliance with this Section.Submittals shall include the following: B. Product Data:Includethefollowing: 1. Descriptive literature,brochures,catalogs,cut sheets and other detailed descriptive material of the equipment. 2. Motor characteristics andperfonnanceinfomlation. 3. Gearreducerdata including service factor,efficiency,torquerating,andmateria Is. 4. Parts list including a list of recommended sp are parts. C. Shop Drawings:Include the following: 1. Manufacturer's installation drawings. 2. Wiring and schematic diagrams. D. Operations andmaintenancemanual: See Section 01300. E. Detailed installa tion instructions,with clear step-by-step points on the correctmechanical and electrical installation procedures. F. Equipment weights and lifting points. G. Recommendations for short-and long-term storage. H. A copy of the manufacturer's warranty 0 101 6456 City fBozeman HDR Project N . 7 ty o Solids Handling and Headworks Procurement Contract SCREENINGS WASHER 46 2 t 73-1 L A copy of doctuiients provuigcettificationofthe Manufacturer's Quality Management System a ccordnig to ISO 9001 and Environmental Protection Management System according to ISO 14001. J. Failure to include alldrawings applicable to the equipment specified in this section will result in rejection of the entire submittal with no further review. 1.4 QUALITY ASSURANCE A. To ensure quality,conformance,andreliability with regard to the manufacturingandproduction of the equipment,the manufacturer shall meet all requirements listed hereafter: B. Manufacturer shall have am inimum of twenty(20)years'experience producing equipment substantially sim ilarto that required and shallbe able to submit documentation of at least fifteen (15)independent installations using the same type ofequipment as detailed below. Each installation must have been in satisfactory operation for at least five(5)years. C. The Contract Documents represent the minimum acceptable standards for the washandpress for thisproject. All equipment shall conform fully in every respect to the requirements of the respective parts and sections of the drawings and specifications. The entire unit shall be modified,redesigned,furnished with special features or accessories,made of materials or provided with finishes as maybe necessary to conform to the quality mandated by the technical and perfoimancerequirements ofthis specification. D. The entire unit shall be manufactured from AISI 3 04L stainless steel shapes. Allcomponents made of stainless steel shall be pa ssivated by full submergence in a pickling bath forperfect surface finishing. No stainless-steel components maybe fabricated or a ssemb led in a factory where carbon steelproducts area lso fabricated,in order to prevent contaminationby rust. E. Electric motors,gear reducers,and other self-contained or enclosed components shall have an a crylic enamel finish. F. All sta finless-steelparts of the unit shall be fully submerged into a pickling bath for at least 2 hours to remove welding spots and to protect the stainless steel against corrosion. Glass bead blast or chemically treated stainless steel shallnot be allowed. G. Fabricationshallbe done in compliance with all applicable ASTM standards or equivalent interna tional standards. H. All welding in the factory shall use shielded arc,inert gas,MIGorTIG method.Filler wire shall be added to all welds to provide fora cross section equal to or greater than the parentmetal. Butt welds sha ll fully penetrate to the interior surface and gas shielding to interior and exterior of the joint shallbe provided. I. Bolts,nuts and washers shall be selected from AI SI 3 04L or 3 16L stainless steel such that they are a nti-seizing. J. Manufacturer shallhave established an ISO 9001 certified quality management system. Equipment suppliers notutilizing ISO 9001 facilities shallnot be considered or approved for this project. Equipment supplier shall provide evidence of certification before being named as an acceptable manufacturer. K. Manufacturer shaffhave established an ISO 14001 certified environmental protection management system designed to monitor and help minimize the harmful effects on the environment causedby its manufacturing processes. Equipment suppliers not utilizing ISO 14 00 1 facilities shall not be considered or approved for this project. Equipment suppliershall provide evidence ofcertificationbefore being named as an acceptable manufacturer. L. All welding is performed in accordance with American Welding Society(AWS)D 1.1 Structural Welding Code,orequivalent. M. Manufacturer shallprovidewashpress,motors,gearreducers,controls,controlpanels,and lifting attachments as a complete integrated package to ensurepropercoordination, FOR Project No. 10176456 City ofBozeman Solids Handling and Headworks Procurement Contract SCREENINGS WASHER 46 21 73-2 compatibility,and operation of the system. The manufacturer shall test-run the fully assembled machine in his factory before shipment. N. Manufacturershall provide services by a factory-trained Service Engineer,specifically trained on the type ofequipment specified. The Service Engineer requirements include,but are not limited to the following: 1. The Service Engineershall be presentduring initia I energizing of equipment to determine directional testing as described in Section4.03 C(Installation). 2. The Service Engineershall inspect and verify locationof anchorbolts,placement,leveling, a lignm ent and field erection ofequipment,as well a s control panel operation and electrical connections. 3. The Service Engineershall provide classroom and/orfield training on theOperationand Maintenance of the equipmenttooperatorpersonnel. These instructions may include the use of slides,videos,literature,and/or oral presentations. 4. Manufacturer shall state field servicerates fora Service Engineerto Ownerand Contractor. In the event that thefield service timerequired by this section should not be sufficient to properly place the equipment into operation,and the requirement for additional time is beyond themanufacturer's responsibility,additional time shall be purchased by Contractor to correct deficiencies in installation,equipment,or material without additional cost to Owner. 1.5 ENGINEER'S PRE-APPROVAL OF ALTERNATE EQUIPMENT A. Manufacturer of alternate equipment shall submit a pre-approvalpackage to Engineer at least two(2)weeks prior to bid date. Alternate manufacturer shall submit the fo flowing information and supporting documentation: 1. A complete set of drawings,specifications,catalogcut-sheets,and detailed descriptive material.Drawings shall show allrelevantdetaffsoftheunit. This informationshall identify all technical and performance requirements stipulated on the drawings and in the specification.If the proposed equipment does not meet these specifications,any deviation from the specification mustbe expresslynoted.All deviations shallbe listed on a single document. 2. Detailed installa lion drawings illustra ting how and where the proposed screenings wa sh,and press will be installed.The drawings shall include plan,elevation,and sectional views of the installation.Drawings shallinclude details of the sealbetweenthe equipment feeding the equipment andthewashandpress inlet hopper,and details of theanchorbolt locations. 3. Motor characteristics andperfounance information.Vendordata shall be furnishedto confirm the torque and thrust rating of the drive. 4. Complete referencelist of all installations of same and sim flar equipment including contact names andphone numbers,showing at least 15 installations of the same typeand size as specified. 5. Complete bill of materials for allequipment,showing dimensions andmaterials of construction of a ll components. 6. Certificationbythemanufacturerthatallstainless-steelequipmentwillbemanufacturedin a stainless steel only factory. 7. Certification that the entire equipment will be passivated bysubmersionin an acid bathas specified in chapter 1.04. 8. A copy of documents proving certification ofthe Manufacturer's Quality Management System according to ISO 9001 and Environmental Protection Management System a ccording to ISO 14001. 9. Details of the control and instrumentation system includingwiring diagrams. 10. Information on equipment field erection requirements including totalweight of assembled components and weight ofeachsub-assembly. 11. List of recommended spare parts. 12. A ma intenanceschedule showing the required maintenance,frequency of maintenance, lubricants and other items required at each regularpreventative maintenanceperiod, including all buy-out items. HDR Project No. 10176456 City ofBozeman Solids Handling and Headworks Procurement Contract SCREENINGS WASHER 46 21 73-3 PART 2- PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. Base Bid:Wash and Press,WAP Size 4 from Huber Technology,Inc. B. Other pre-submitted andpre-approved Deductive Alternates. C. Equipment of all manufacturers mustbe in accordancewith these specifications andplans. Beingnamed as a manufacturer does not eliminate their responsibility of providing equipment in comp liance with the fo flowing specification section. Any deviations without sufficient evidence proving equal or superior quality shall be rejected without further review or comment. 2.2 PERFORMANCE REQUIREMENTS A. The Wa sh andPress(WAP)screenings washershallbe capable of processing a maximum of 140 ft3/hrof screenings.The dewatered screenings shall contain less than65%moisture content during normal operating conditions(optimal screenings throughputof 53-88 ft3/hr).Dewatered screenings sha Ube discharged at an elevation of 6'a bove the base of the channel floor. B. The equipment specified herein shallbe standard equipment manufactured foruse in a municipal wastewater treatment plant,specifically to reduce and separate fecal m after from raw sewage screenings. C. The screening equipment shall produce dewatered screenings capable of passing the EPAPaint Filter Test as describedin method9095 of EPAPublication SW-486. D. To minimize odors andnuisance,the conveyance,dewutering and compactionzones shallbe completely enclosed. E. The spray wash system shallbe enclosed suchthat spraywa ter,aerosols orleakage do not contaminate the operating floor. F. The controlsystem shall be designedsuch that thecleaning characteristics of thewa sh andpress system canbe changed via the programmable controller.Systems which do not offer this feature will no t be a cceptable for this project. G. MATERIALS 1. Unless otherwise specifiedin these specifications,the entire equipment shallbe manufactured from AISI 304L austenitic stainless-steel shapes(rods,angles,and channels), pipes,and sheets. All mechanical parts shall be designed to handle the forces that maybe exerted on the unit during fabrication,shipping,erection,and proper operation according to the O&M manual. 2. The entire equipment shallbe manufactured in a stainless steel only factory to prevent contamination of the stainless steel with rusty dust. 3. The equipment,after its fabrication,shall undergo a passivation(pickling)process to ensure maximum resistance tocorrosion. All sta inless-steel components and structures shall be submersed in a chemical bath of nitric acid and hydrofluoric acid to remove any residues that may bepresent on the material as a result offorming,manufacture,orhandling. After removal from the pickling bath,the equipment mustb a washed with a high-pressure wash of cold water to remove any remaining surface debris andpromote the formation of an oxidized passive layerwhich is critica Ito the long life of the stainless steel. Submergence insures complete coverage. Spray on chemical treatments andgla ss bead blasting are specifically not acceptable due to their inability to provide complete and uniform corrosion protection. 2.3 PRODUCT DESIGN SPECIFICATIONS A. SCREENINGS WASHERBODY 1. The WAP4 screenings wa sherbody shall be fabricated from 1/8"(3 mm)thick AISI 3 04L stainless steel. The 10-3/4"(273 mm)diameter screenings washerbody shallinclude a nominal 47-1/4"x1 1-3/4"(1200 mm x 3 00 mm)trough opening for screenings deposit. A HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract SCREENINGS WASHER 46 2l 73-4 level mounting flange shall be provided around the trough for the transitional hopper that directs the screenings into the troughof the screening's washer. The hopper shall be fabricated from 3/32"(2.5 mm)thick stainless steel. 2. The screenings washer body shall house the shafted screw,and shall include one(1)3/4" diameter wash water connections in the compaction zone,one(1)3/8"diameter connection in the screenings trough,and shall include one(1)connection to the drain pan to flush any debris from the drainage pan. 3. The screenings washerbody shall include 3/16"(5 mm)diameter perforations spaced 13/3 2"(10 mm)center-to-center in a vertical a lignment in the washing and compaction zones to drain the excess wash water and filtrate water pressed from the screenings to the drainpan. 4. The screenings washer bodyshall be equipped with not less than six(6)guide bars made of Hardox 400 abrasion resistant plate. The guide bars shallbe bolted from the outside of the tube for easy access and removal. The guide bars shallbe at least 14-1/2"(370 mm)long and the thickness shallbe not less than 13/32"(10 mm). Welded guide bars shallbe not allowed. B. SHAFTED SCREW 1. The shafted screw shall transport the screenings from the trougharea(washing zone)into the compaction zone and shall force the compacted screenings out the discharge pipe. The shafted screw for the WAP 4 shallbe fabricated from 3/16"(5 mm)th ick AI SI 3 04L stainless steel. 2. The screwflights shallhave a minimum thickness of 3/16"(5 mm)in the trough area,a thickness of 13/32"(10 mm)in the perforated washing zone,anda thickness of25/32"(20 mm)in the compression zone. The outside diameter ofthe screw shallbe 10-3/16"(259 mm)and shall include a 6"(150 mm)flight pitch in the trough area a nd wa shing zone,and a 4-3/4"(120 mm)pitch in the compaction zone. 3. Screw flights in the compaction zone shall have a Hardox 400 abrasion resistant plate welded to the stainless-steel flights.The last flight of the screw shall have Tubrodur hard metal seams welded around the external surface of the flight. 4. A stainless steel backed brush with nylon bristles shallbe attached to the shafted screw with set screws and fasteners for the full length of the perforated washing zone. C. PLANT WATER MANIFOLD 1. The screenings washer shall be equipped with a manifold to provide plant water to the different washing inlet locations. The screenings washer shall be provided with not less than two(2)separate connections for injecting wa shwa ter into the screenings and one(1) connection to the drain pan underneath the wash and press body. The unit shallbe designed to accept wash water from the facility's non-potable water system,which is sourced from finalplanteffluent 2. Wash water connections shallbe sized a ndpositioned by the unit manufacturer. Maximum water consumption for the unit shall be 16 gallons perminute. The water pressure range required at the connection to the unit forproperunit operation shall be 30-75 psi. 3. The main washwa ter supply line to the wash andpress unit shallbe provided with two(2) 1"diameterBurkert normally-closed solenoid valves with maximum operating pressure of 140psi. The solenoid valves shallbe independently controlled by thePLC in the control panel. One solenoid valve shall supply wash water directed against the rotation of the screw flights in the inlet hopper,and into the compactionzone ofthe WAP. The second solenoid va lve shall direct wa shwa ter to the drain pan beneath the screening's washerbody. D. DRAINPAN 1. The drain pan shall collect the spent washwater and filtrate water squeezed from the screenings.The drain pan shallbe fabricated from 1/8"thick(3 mm)stainless steel and shall connect to the screenings washer body with stainless steel clasps for easy removal. 2. The drain pan shall include one(1)3/4"threaded inlet connection forwa shwa ter from the m a nifold to flush the trough for cleaning purposes.A 3-1/2"(89 mm)diameter drain HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract SCREENINGS WASHER 46 2l 73-5 connection shall be provided to discharge the drained wa ter back into the channel on the downstream side of thescreen. E. DISHARGEPIPE 1. The wash and press discharge pipe shallbe made of stainless steel andshallbe connected to the screenings washer body by a 10"(250 mm)diameter flange. The diameter of the straight sectionof the discharge pipe shall increase in size to ease the transportof the screenings. The diameterof the discharge pipe straight section shall increase from 10-1/2" to 13-3/4"(267 mm to 350 mm).The bend fittings on the unit's discharge pipe shall have a radius that is three times(3 x)larger than the pipe diameter. F. GEAR MOTOR DRIVE MECHANISM 1. The drive unit shall be a gearmotorra ted for continuous duty and shall be selected to match the requirements of the particular screen. The drive motor shall be a 5 HP,totally enclosed unit designed for application in a Cla ss 2,Division 1 area. The motor shall be a constant speed unit rotating a t 1760rpm,and shall be powered by230/460 VAC,60 Hz,3 phase power. 2. The drive unit shallbe direct coupled to the screening wa sh andpress drive shaft through the gea r box.The gear box housing shall be constructed from ASTM A-4 8,Cla ss 3 0 cast iron. 3. The gearbox shallbe designed for AGMAC1assII,24-hour duty. 2.4 CONTROL SYSTEM A. All controls necessary for the fully automatic operation ofthe WashandPress(WAP)shallbe provided.The controls needto be tied into the screencontrols by dry contacts. B. The controls shallbe incorporated into a single controlpanel.The enclosure shallbe NEMA4X, 304L stainless steelwith continuous hinge and lockable door latch. C. The controlpanel enclosure shall incorporate thefollowing: 1. Reversing motor starter,type IECwith Circuit Breaker Branch Circuit Protection 2. Disconnect,circuit breaker,pad lockable 3. Current monitoringrelay 4. Control power transformer,single phase,480-120 VAC with branchcircuitfuses 5. Transientvoltage surge surpressorTVSS,120 VAC single phase 6. Programmable controller:Allen Bra dleyMicrologix 1400 7. Operator interface:Allen Bra dley Pa nelview C400 8. UL labeled 9. Indicator lights for: a. Power on(white) b. WAP drive running(green) c. WAP fault(red) D. SEQUENCE OF OPERATION[WAP] 1. Sequence of operation forWa sh andPress(WAP)is operated based on therun tim e of the associated screen.The combined screen/WAP controlpanel shall accumulatethe time the screen is in opera tion.The WAP sta rts wash cycle whenthe accumulated screen operation time rea ches the set point. 2. Wa sh cycle: a. Wa sh wa ter supply is a ctivated:ONIOFF m o de with adjustable timers for each operational condition b. Drive runs forward also controlled by timers with adjustable ON/OFF sequence c. Wash cycle is followed by discharge cycle:screw is running forward for an adjustable time d. Pa n wa sh is a ctivated e. Wash cycle finished HDR Project No. 10176456 City ofBozeman Solids Handling and Headworks Procurement Contract SCREENINGS WASHER 4621 73-6 3. High screening load condition:screen is discharging very high amount of screenings the WAP is switching into discharge mode;this condition is determined by the accumulated run time of the screen. 4. WAP shallhave the ability to clearblocking automatically:if current monitoring relay senses high load condition the screw stops,and a clearing cycle is initia ted:the screw stops immediately and reverses(timeis adjustable at operator interface)and starts running forward.The number of a ttempts to clear the blocking is a lso adjustable—if screw is not cleared a fter a llowed number of attempts or the overload is sensed during reversing the system stops immediately a nd a n a larm signal is rendered. PART 3- SPARE PARTS 3.1 SPARE PARTS A. The following Spare Parts shall be included and supplied together with the equipment: 1. Six(6)Guide bars 2. One(1)Cleaning brush 3. One(1)Solenoid valve rebuild kit PART 4- EXECUTION 4.1 DELIVERY,STORAGE,AND HANDLING OF EQUIPMENT A. All equipment shallbe shipped and dehveredfully assembled,exceptwhere partial disassembly is required in order to conform to transportationregu la tions or for the protection of components. B. The Contractor shall be responsible forunloading of the machinery and shall have equipment on-site available at the timeof delivery permitting proper hoisting of the equipment. 4.2 FIELD PREPARATION AND PAINTING A. Contractor shall touch-up all shipping damage to the paint and stainless steel as soon as the equipment arrives on the job site. B. Contractor shall supply paint for field touch-up and field painting. C. Contractor shall coat allstainless-steel bolts and nut threads with a non-seizing compound prior to final assembly. 4.3 INSTALLATION,START-UP AND OPERATOR TRAINING A. Installation of the equipmentshallbe in strict accordance with the contractdocuments and the manufacturer's instructions and shop drawings. The manufacturer shall furnish the anchor bolts for the equipment. It is the Contractors responsibility to installthe anchorbolts in accordance with the manufacturer's recommendations. B. The Contractor shallbe responsible to verify the accuracy of all dimensions in the field and to ensure compatibility with the specifications and equipment j i C. The manufacturershallfumishtheservicesofafactory-trainedservicetechnicianasper specified in the screen section. I. The equipment shall not be energized,or"bumped"to check the electrical connection for motorro tation without the service technician present. 2. The service technician shall a llnecessary adjustments and settings to the controls. In particular,the service technician shallverify the measurement relay setting. 3. The Service technician shall demonstrate the proper screenings washer sequence of operation. The screenings washer shall not operatewith each screen discharge cycle. The screenings washer shall b e setup to initiate after a successive number of screen cycles (accumulated runtime),as determined by the service technician. HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract SCREENINGS WASHER 4621 73-7 4.4 WARRANTY A. The manufacturer wifl wa rra nt against any defects in m a terial or workmanship to the bar screen and framework.This warranty will commence upon delivery of the products and will expire on the earlier to occur of two(2)year from initialopetation of the product or 18 months from delivery thereof(the"Warranty Period"). END OF SECTION HDR Project No. 10176456 City ofBozeman Solids Handling and Headworks Procurement Contract SCREENINGS WASHER 46 21 73-8 SECTION 46 76 27 SCREW PRESSES PART1 - GENERAL 1.1 SCOPE A. Owner sha ll furnish and Contractor shall install one(1)sludge dewatering screw press(1200- SPR-02)as indicated on the drawings.The screw press shall be manufactured from AI SI 304Lstainless steel shapes.Fabrication and assembly shall be in conformance with these specifications and drawings.The screw press shallbe owner provided. B. Contractor shall coordinate all details of the equipmentwith other related parts of the work,all delivery,offload,and verify that all structures,piping,wiring,and equipment components are compatible.Contractor shall be responsible for all structural and other a Iterations required to accommodate equipment differing in dimensions or other characteristics from these specifications and drawings. C. Contractor shall insta R the equipment according to instructions and recommendations of the equipment manufacturer. D. Power supply formain controlpanel is 460 V,60 Hz,3-phase. 1.2 REFERENCES A. American Society forTesting and Materials(ASTM)Publica tions: 1. Section A3 22:Carbon and Alloy Steel Bar Specifications. 2. Section A5 07-10:Standard Specification forDra wing Alloy Steel,Sheet and Strip,Hot- Rolled and Cold Rolled B. Anti-Friction Bearing Manufacturers Association(AFBMA)Publications: 1. Standard 9-90 LoadRatings and Fatigue LifeforBall 2. Bearings. 3. Standard 11-90 Load Ratings and Fatigue Life forRollerBearings. C. AmericanInstituteof Steel Construction(AISC)Publications D. America nWelding Society(AWS)Pub lications E. American Structures Painting Council(ASPC)Publications 1.3 SUBMITTALS A. The following information shall be submitted to the engineer.In accordance with Section 0133 00,copies of allmaterials required to establish compliance with this Section.Submittals shall include the following: B. Product Da ta:Include the following: 1. Descriptive literature,brochures,catalogs,cut-sheets and other detailed descriptive material of the equipment. 2. Motor characteristics andperformanceinfonnation. 3. Gearreducerdata including service factor,efficiency,torquera ting,and materia Is. 4. Parts list including list of recommended spare parts. C. Shop Drawings:Include the following: 1. Manufacturer's installation drawings. 2. Wiring and schematic diagrams. D. Operations and maintenance manual: See Section 0133 04. HDR Project No. 10176456 City ofBozeman WRF Solids Handling and Headworks Building Expansion SCREW PRESS 467627-1 E. Deta fled installationinstructions,with c lea rstep-by-steppointson thecorrectnneclianicaIarid electric I installation procedures. F. Equipment weights and lifting points. G. Recommendations for short and long term storage. H. A copy of the manufacturer's wan•anty. I. A copy of documents proving certification ofthe Manufacturer's Quality Management System according to ISO9001 and Environmental Protection Management System according to ISO 14001. J. Failure to include alldrawings applicable to the equipment specified in this section will result in rejection of the entire submittal with no further review. 1.4 QUALITY ASSURANCE A. To ensure quality,conformance,and relia bility with regard to the manufacturing and production of the machinery described in this section,the equipment manufacturer shall meet the requirements listed in this section B. Manufacturer shall have established anISO9001 certified quality management system. C. Manufacturershall have established anISO 14001 certified environmentalprotection management system. D. All stainless steel components and structures shallbe submersed in a chemical bath ofnitric acid and hydrofluoric acid(pickling bath)to remove any residues that maybe present on the materia 1 a s a result of forming,manufacture,or handling.After removal from the pickling b a th,the equipment mustbe washed with a high-pressure wash of cold water to removeany remaining surface debris and promote the formation ofa n oxidized passive layer which is critica Ito the long life of the stainless steel.No stainless steel components maybe fabricated or a ssembled in a factory where carbon steelproducts are also fabricated,in order to prevent contamination by rust. E. Screw Press sha 11 be in anufacturer's standard product and only be modified as necessary to comply with the drawings,specifications,and specified service conditions. F. All weldingis performed in a ccordancewith American Welding Society(AWS)Dl.I Structural Welding Code,or equivalent. G. Manufacturer shall provide screwpress,motors,gear reducers,contro Is,controlpanels,and lifting attachments as a complete integrated package to ensure proper coordination, compatibility,and op eration of the system. H. Manufacturer shallprovide services by a factory-trained service technician,specifically trained on the type of equipment specified.Service technician requirements include,but arenot limited to the following: 1. Service technician shall be present during initial energizing of equipment to determine directional testing as described in Section4.01 C(Installation). 2. Service technicianshallinspectand verify location ofanchorbolts,placement,leveling, a lignment and field erection of equipment,a s well as control panel operation and electrical connections. 3. Service technician shallprovide classroom and/or field training on the operation and maintenanceoftheequipmentto operator personnel. 4. Manufacturer shall state field serviceratesfora service technician to owner and contractor. In the eventthat thefield service timerequired by this section should not be sufficient to properly pla ce the equipment into operation,additional time shallbe purchased by contractor to correct deficiencies in installation,equipment,or material without additional cost to owner. HDR Project No. 10176456 City of Bozeman WRF Solids Handlingand Headworks Building Expansion SCREW PRESS 46 76 27-2 I. Manufacturer shalIguarantee all equipment against faulty or inadequate design,improper assembly or installation,defective workmanship ormaterials,and breakage or other failure. Materials shallbe suitable forservice conditions. J. All equipment shallbe designed,fabricated,and assembledin accordance with recognizedand acceptable engineering and shop practice.Individual parts shallbe m a nufactured to standard sizes and thicknesses so that repairparts canbe installed in the field.Like parts of duplicate units shallbe interchangeable.Equipment shallnot have beenin service priorto delivery,except as required by testing. K. Each major component of equipment shall have them anufacturer's name,address and product identification on a nameplate securely a ffixed to the equipment. 1.5 DELIVERY,STORAGE,AND HANDLING OF EQUIPMENT A. Equipment shallbe shipped and delivered fully assembled,except where partial disassembly is required in order to conform to transportation regulations orfor the protectionof components. B. Contractor shall be responsible forunloading and shall have equipment on-site at the time of delivery permitting proper hoisting of the equipment. 1.6 PRE-SUBMITTAL OF ALTERNATE EQUIPMENT A. Manufacturers of alternative equipment shall submit a pre-approval package to the engineer at least two(2)weeks prior to bid date.Alternative manufacturers shall submit the following information and supporting documentation: B. A complete set of drawings,specifications,catalog cut-sheets,and detailed descriptive material. Drawings shall show a llrelevant details of the unit.This information shall identify all technical and performance requirements stipulated on the drawings and in the specification.If the proposed equipment does not meet these specifications,any deviation from the specification must be expressly noted.All deviations shallbe listed on a single document. C. Detailed installa tion drawings illustra fing how the proposed screw press will be insta Red.The drawings shallinclude plan,elevation,and sectional views of the installation.Drawings shall include details of the inj ectionring,mixing valve,flocculation reactor,and details of the anchor boltlocations. D. Motor characteristics and performance information.Vendor data shallbe furnished to confirm the torque and thrustra ting of the drive. E. Complete reference list of allinstaIlationsof same and similar equipment including contact names and phone numbers,showing at least 20 municipal installations of the same size as specified located in the United States. F. Complete bill of materials for all equipment,showing dimensions andmaterialsof construe tion of allcomponents. G. Certificationby themanufacturer that all stainless steel equipment will be manufacturedin a stainless steel only factory. H. Certification thatthe entire equipment will be passivated bysubmersionin anacidbathas specified in chapter2.03. I. A copy of documents proving certification ofthe Manufacturer's Quality Management System accordingtoISO9001 and Environmental Protection Management System according to ISO 14001. J. Details of the control and instrumentation system including wiring dia grams. K. Information on equipment field erection requirements including total weight of assembled components and weight ofeach sub-assembly. HDR Project No. 10176456 City of Bozeman WRF Solids Handling and Headworks Building Expansion SCREW PRESS 46 76 27-3 i L. List of recommended spare parts. M. A ma intenance schedule showing the required maintenance,frequency of maintenance, lubricants and other items required at each regular preventative maintenance period,including a ll buy-out items. PART 2- PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. HUBER Sludge Dewatering System Model Q-Press 8 0 0.2 from Huber Technology,Inc. B. Pre-approved a Itemate manufacturer(s),as per chapter 1.06.Alternates shall not be acceptable unless they have been pre-approved. 2.2 PERFORMANCE AND DESIGN REQUIREMENTS A. Sludge to be dewa tered shall be well-mixed and well blended having the following characteristics: 1. Sludge:a naerobically digested a. Treatment Process: Secondary Clarifier b. Solids concentration: 2% c. Volatile solids: <70% d. Sludge Retention Time,digester: >30 days e. Other sludge characteristics: 1) pH 6.5-7.5 2) Temperature 70 OF 3) Alkalinity > 1,000mg/L as CaCO3 4) TDS <1,000 mg/L 5) Phosphate <25 mg/L 6) Chloride <100 mg/L B. Each dewateringscrewpress shallbe capable ofdewatering 57 GallonsperMinute(GPM)of the specified municipal wastewater sludge to a finalsolids content of 16%.The solids capture rate shallbe a m inimum of 95%.The polymer consumption shall not exceed 40 lbs.of active polymer substance perton ofsludge solids fed. C. The sludge dewateringplant consists ofthe following major p arts: 1. Screw Press including support legs 2. ControlPanel D. All parts of the dewateringpress shall be designed and appropriate for the service specified and indica led and for continuous operation. E. Sufficientroom for inspection,maintenance,repair a nd a djustment shall be provided.Contractor sha llprovide hoisting equipment to facilita to installation and maintenance work. F. The physical layout shown on the drawings is ba sed on the Huber Q-Press®800.2.If equipment by a nother manufacturer is to be supplied,contractor shall include in the bid allnecessary modifications to the piping,electrical,structural,a nd mechanical la youts to accommodate the equipment proposed.Also if equipment by a nother manufacturer is to be supplied the ma nufacturer mustmeet the requirements of section 1.06.Contractor shall pay engineer for all modifications of drawings. G. All parts shallbe designed andmanufactured to handle theforces that may be exertedon the screwpress during fabrication,shipping,erection,and proper operation according to the O&M manual. H. All components shallbe so arranged that they canbe servicedfrom the operatingfloor. HDR Project No. 10176456 City ofBozeman WRF Solids Handling and Headworks Building Expansion SCREW PRESS 46 76 27-4 I. All components shall be balanced so that jamming at any point will not result in structural failure,but will cause the drive motor to stall.All components,including the gearreducer,shall be designed to withstand,without damage or permanent distortion,the fullstalling torque ofthe drive motor. 2.3 SLUDGE DEWATERING PRESS DESIGN SPECIFICATIONS A. MATERIALS 1. Sludge dewateringpress shallbe manufactured from AISI 304L stainless steel shapes(rods, angles,and channels),pipes,and sheets.In particular,wedge wire basket,screw,shaft, support legs,fasteners and anchor bolts shallbe made of this material. 2. Press access covers shall be either stainless steel or a composite of a crylonitrile bu tadiene styrene(ABS)andpoly(methylmethacrylate)(PMMA).Materials other than stainless steel shallbe acceptable if the material meets the following requirements: a. Is not a structural loa d-bearing component. b. Is equalto or exceeds stainless steel's resistance to wastewaterenvironment chemicals. c. Is resistant to heat degradation up to 185°F(85°C). d. Is equalto orexceeds stainless steel's resistanceto UV degradation. e. Is resilient to impact 3. Wipers for helicaI screw flights sha Ube of wear resistant polyurethane(PU)material. Wipers must have a basket contact width of a t least.315 in(8 mm).The wiper is held in place by stainless steel clamps and set screws which can be easily removed.The wiper shall have a self-contained a dampening mechanism to maintain constant contact with the basket while lim iting wear.Wiper self-contained dampening mechanism shall compensate for up to 4mm ofra dial wiperwear.Brushes without this functionality shall not be accepted. B. DESIGN 1. The screw press shall be insta fled inclined(at 10').Dewatering of the sludge takes place in a basket,which consists ofthree sections ofwedge wire baskets.The overall basket length shallbe 157.5 in(4,000mm).The basket diametershallbe 31.5 in(800 mm). 2. The screw press supportlegs shallbe capable of field adjustment for ease of installation. 3. The wedge wire basket shallprovide am inimurn free surface area of 10.7%ofthe active wedge wire surface area.Flanges and reinforcement bars,orsupporting structures around the ba sketblocking the drainage ofwa ter shall be deducted from the active surface area. 4. Each section ofthe wedge wire basket shallbe split in ha if along the length of the basket to allow for easy separation of the basket into halves for servicing of the wiper.The basket shallbe fastened together using bolt fasteners made of stainless steel.The screw press shall be provided with a lignm ent pins for ease of basket alignment during reassembly.The bottom half of the wedge wire ba sketshall remain inside of the machine during servicing of the wiper for ease of maintenance.Designs which require the bottom half of the basket to be removed from the machine for servicing the wiperwill not be accepted. 5. The screw press shallbe completely enclosed to prevent odor emission.The whole dewatering section andbasketarea shallbe easily accessible through an inspection panels, which are mountedvia hinges on the sides andquickrelease latches on the top of the machine. 6. A screw shallbe insta fled inside of the screen basket.The screw transports thesludge from the inlet to the discharge area at the end ofthe pressure zone.Its shaft diameter shall be conica I towards the discharge section ofthe machine.The flights of the helical screw shall be provided with a PUwiper to clean the wedge wire screen from the inside. 7. The screw shall be shafted and shallbe made ofstainless steel.A sha ft-less screw is not acceptable.Abearing shall support the feed end of the screw shaft.Wear strips are not acceptable. 8. A screw drive sha H be provided at the discharge side of thepress.The nominal mo torpower shallbe 5.0 hp.The motor speed shallbe controlled with a Variable Frequency Drive (VFD). The drive unit shall be directly coupled to the screw shaft through a planetary gearbox. HDR Project No. 10176456 City ofBozeman WRF Solids Handling and Headworks Building Expansion SCREW PRESS 467627-5 I 9. A pressure sensor shall be installed at the inlet housing of the screwpress.The pressure sensor provides a signal which is used to control the speed of the auger.The pressure in the inlet box shall automatically adjust the speed of the screw via the control system and the range for the pressure shallbe adjustable at the HMI.Designs which do not control the screw speed based on the inlet pressure are not acceptable. 10. The cleaning of the wedge wire screen from the outside shall be performed by a rotating spray barwashing system utilizing a single drive(drive:0.1 hp,460 V,3 phase)made of stainless steelpiping and PVDF spraynozzles.The spray wash system shallbe split into four sections,upper feed,lower feed,upper discharge,and lower discharge,to cover the entire area ofthebasket byrotating around the circumference of the basket.Its spraying shall cover the entire area ofthescreen and also cover the interior of the screwpress housing.In total four solenoid valves control the flow to each section of the spray bar washing system.The spray bar wa shing sections shall have the ability to operate independently.Designs which do not rotate around the circumference of the basket over the entire length of the basket will not be accepted 11. To optimize wash water consumption,the spray bar system shall have the ability to perform a quick wash of only the lower basket and/or an extended wash of the entire basket.Designs which do not have the quick wa sh ability shall not be accepted.Contractor shall provide wa tersupply piping to the manifold of the spray system that shall have a 1-V4inchfemale threa ded connection.The system shall include two(2)proximity switches to prevent over tra vel of the spray bar system. 12. Spra y wa ter supply shall be designed for a nt inimurn flow of 40 GPM(ca n be filtered non- p ota ble water,allowed particle size 800 microns a tmaximum 200 ppm)a t a minimum pressure of 70 PSI.Waterpressure at each nozzle of the spray bar shallbe a minimum of70 PSIG.Avera ge spra y wa ter consumption shall not exceed 101 Ga lions a t 70 PSIG per wa sh cycle. 13. The spra y wash system shall be designed to a How a djustability on two levels:timer a nd wa ter demand(average per cycle).The timer a nd average water demand shall be a djustable a t the HMI ra nging from 5 0 to 101 Ga lions per wa sh cycle. 14. A pneumatically a ctuated cone that serves for a djusting the pressure in the pressure zone shallbe provided a t the discharge end of the screening basket.The pressurized air supply sha ll be providedby the contractor. 15. The pneumatically a ctuated cone is controlled by a 5/2-way solenoid valve.The solenoid directs the pressurized air to the ports which engage or disengage the cone at the discharge of the screwpress.The contro I valve shall be installed in a local control sta tion which also houses the pressure controlva Ive and the pressure switch.The switch monitors the availability of pressurized air.If the supply ofpressurized a ir is interrupted,the switch shall send a signa I to the PLC a nd a n a larm message will b e genera led. 16. Sludge ca ke shallbe automatically discharged through a rectangular sludge discharge opening.The discharge height shall be minimum 39 in a bove floor level.Designs with discha rge lower than this m inimum level will not be a ccep led. 17. Contractor shall provide a 6 in diameter drain line for the filtrate and connect it to the b ottom drain connection of the screw press.The contractor shall a Iso provide a 1.5inflush connection with manual ball va lve for the drain connection. 2.4 INTERNAL PIPING A. Contractor shall provide and installa sludge feed pump. The sludge feed pump shallbe of the positive displacement type.The pump shallbe controlled through variable frequency controller (VFD)which is a ccepting a pacing signal from the screwpress controlpanel,supplied by the manufacturerof the screwpress. B. Contractor shall provide sludge feedpipe from thesludge feedpump(with VFD)through a magnetic-inductive flow meter through a polymer-dosing ring,polymer mixing valve. C. Polymer dosing ring andpolymermixing valve shallbe supplied by the screwpress manufacturer. HDR Project No. 10176456 City of Bozeman WRF Solids Handling and Headworks Building Expansion SCREW PRESS 46 76 27-6 D. Pipe flocculatorto be supplied by the contractor and shallprovide a minimum retention time of 45 seconds at design flow for thepolymer and sludge mixture. E. The design of the floccula tionpipe reactor shall be approved by the screw press manufacturer. F. The size of the piping needs to take into account:maximum capacity,loading rate,minimum velocity in piping to avoid sedimentation and conditions which do not negatively impact t he flocculation process. 2.5 DRIVE A. The press screw shallbe driven by a shaft mountedplanetary gearbox andmotor assembly.The planetary gearbox shallbe bolted to a machined flange welded to the upper end of the press. B. The planetary gearbox shallbe driven by a 1,680 rpm,3-phase,60 Hertz,230/460 V, continuous-dutyp ermanentm agnet motor with a conduit box suitable for outdoor operation.The motor power shall be 5.0 hp.Motor efficiency shall exceed 75%over the complete operational range of the press. C. Spray washsystem shallbe driven bya gearbox connected to a 0.1 hp,3-phase,60 Hertz, 230/460 V motor. D. Drives shallbe enclosed by protective FRP covers. E. The output speed of the spraywa shmotorgear reducer shall be 10.7 rpm a tfrequency of 60 Hz. F. Chain-drives,belt drives,hydraulic drives or separate upper bearing for the transport screw will not be acceptable forthis project. 2.6 AIR COMPRESSOR A. Provide one(1)portable air compressor as manufactured by Sp eedaire,model#I NNF4. B. Air compressor shall use an induction type motor ra led for 2.0 Hp,3,450 RPM,120 V, 13.6 Amps. C. Tank shallbe 13 gallons and includea '/ain.NPToutlet. 2.7 CONTROLS AND INSTRUMENTATION A. The entire control system shall be provided by the Manufacturer ofthe Screw Press. B. The contractor shall provide wiring between all system components as required. C. The contractor shall provide separate power supplies as followed: 1. 460 V,60 Hz,3 phase power supplyto the main controlpanel 2. 120 V,60 Hz,single phase power supply to theaircompressor. D. The dewatering system shallbe full-automatic and shall include the following: 1. Main controlp anel for screw press 2. Magnetic-inductive flow meter for thin sludge feed 3. Automatic control for the pneumatic pressure cone E. A 4 60-V main controlpa nel shall be provided in a NEMA4X rated stainless steel enclosure. The enclosure shallbe suitable for wallmounting,shall have hinged covers which swing horizontally and shallbe held closed with 3-Po intLa tch,and shall include the following: 1. Main power disconnect switch(pad-lockable) 2. Control power transformer 3. Surge arrester 4. Control switches including screwdrive H/O/A,F/O/R,SprayDrive H/O/A,andwash water solenoid valve H/O/A) 5. Allen-Bradley PowerFlex 525 VFD,with Ethernet,shallbe provided to control the screw press main drive. a. The VFD shall be oversized as required to account for elevation derating. HDR Project No. 10176456 City ofBozeman WRF Solids Handling and Headworks Building Expansion SCREW PRESS 467627-7 6. Reversing motor starter including over-current a nd over-heat protection for the wash water spray drive. 7. Pressure sensor at the inlet of the screw press:4-20mA signal is sent to the PLC.The sensor sha llalso have a discrete relay output,freely adjustable at the sensor,indicating high pressure conditions at the screwpress inlet. 8. Programmable logic controller(PLC)Allen Bradley Compactlogix with on-board Ethernet. 9. Opera for Interface(OIU),Allen Bra dley Pa nelView 600 with color touch screen and Ethernet communication. 10. Network data interface port: a. GFCI protected outlet andRJ45 networkjack with NEMA4Xcover. b. Networkjack connected to internal panel network switch. c. Used to connected laptop computer into network ofcontrolpanel for troubleshooting and programming of thePLC andHMI. d. Hoffinan—IntersafeData InterfacePorts,orequal. 11. The PLC shallhave thecapability to work as a data logger.The data logger sha lldocument all importantprocess parameter but not limited to the following list: a. Operation mode:OFF,dewa tering,b ackwa sh,shutdown b. Drive operation:forward,reverse c. Sludge flow[GPM] d. Screw Speed e. Polymer pacing signal f. Pressure screwpress inlet g. Press Motor amperage draw It. Set points:feed solids,polymer consumption,solid loading 12. Text messages displayedon touchscreen: a. Over-current indications b. Spray barwashingsystemon c. Polymer dosing station status d. Running time meter for screwpress and spray drive 13. Operating and wa ming lights for the fo flowing: a. Poweron b. Dewa tering system in operation c. Malfunctionindication d. Reset button e. E-Stop button 14. Laminated plastic nametags shall be provided for the name of the controlpanel and all disconnects,switches,lights,a nd m eters. 15. Terminal connections for interfacing with remote systems,shallinclude the following: a. Polymer Injection signals routed via the Plant Control System: 1) Inputs to Screw Press C ontro lPanel: a) Dry 120VAC Rated,2 ampMinimum (1) Polymer System In Remote (2) Polymer System Running (3) Polymer System Low Water Pressure (4) Polymer System LowPolymer Flow 2) Outputs from Screw Press Control Panel: a) Dry 120VAC Rated,2 amp Minimum (1) Polymer System Call to Run 3) Analog Output 4-20 mA signal: a) Polymer Pacing Signa I(Speed Command) b. Sludge Feed Pump VFD signals routed via thePlantControl System: 1) Inputs to Screw Press Control Panel: a) Dry 120VAC Rated,2 amp Minimum (1) Sludge Pump In Remote (2) Sludge Pump Running HDR Project No. 10176456 City ofBozeman WRF Solids Handling and Headworks Building Expansion SCREW PRESS 46 76 27-8 (3) Sludge Pump Common Fault b) Analog Input4-20 mAsignal: (1) Sludgeflow[GPM] c. Outputs from Screw Press Control Panel: 1) Dry 120VAC Rated,2 amp Minimum a) Sludge Pump Call to Run 2) Analog Output 4-20 mA signal: a) Sludge Pump Pacing Signal(Speed Command) d. SCADAStatus: 1) Inputs to Screw Press Control Panel: a) Dry 120VAC Rated,2 ampMinimum (1) Dewatering Mode Remote Start 2) Outputs from Screw Press Control Panel: a) Dry 120VAC Rated,2 amp Minimum (1) Press Running (2) Press Fault (3) DewateringMode (4) System Disturbance (5) Spray Drive Running (6) Spray Drive Fault PART 3- EXECUTION 3.1 INSTALLATION,START-UP AND OPERATORTRAIMNG A. Contractor shall verify all dimensions in the field to ensure compliance ofequipment dimensions with the drawings.Contractor shall notify engineer of significant deviations. B. Installationof the equipment shall be in strict accordance with the contract documents and the manufacturer's instructions and shop drawings.Manufacturer shall supply anchorbolts forthe equipment.Contractors shall install the anchorbolts in accordance with the manufacturer's recommendations. C. AfterInstallationtouch-uppaintshallbe applied toall scratched,abraded and damagedshop paintedsurfaces.Coating type and color shall match shop painting.Contractor shallpa ssivate all field welds. D. Supplier shall be responsible forthefollowing: 1. Storage prior to delivery(if necessary) 2. Factortesting and certification of testresults. 3. Notifica tion 15 calendar days prior to shipment ofequipment,and 48 hours prior to delivery of equipment. 4. Instruction manual,including off-loading,storage,and installa tion instructions. 5. Operation andmaintenance data. 6. Vendor's representative willbe available to: a. Furnish installation supervision andassistance andCertificate of Proper Installation. b. Perform a checkof the mechanical and electrical insta flation by Contractor before wet testing of installed equipment. c. Assist Contractorto conduct functional and performance testing and startup (commissioning assistance). d. Train Owner's personnel. e. Assist with process startup. E. Supplier shall furnish the services ofafactory-trained service technician for two(2)trips including a total of six(6)workdays to inspect the installation,observe startup,andprovide operator tra fining. HDR Project No. 10176456 City ofBozeman WRF Solids Handling and Headworks Building Expansion SCREW PRESS 46 76 27-9 1. Equipment shall not be energized,or"bumped"to check the electrical connection form otor rotation without the service technician present. 2. The service technician shallmake a Unecessary adjustments and settings to the controls. 3. The service technician shall demonstrate proper and sequential operation of the dewatering system.The dewateringsystem shallbe able to operate fully automatically. 3.2 WARRANTY A. The manufacturer will warrant against any defects in material orworkmanship to the screw press and framework This warrantywill commence upon delivery of the products and will expire on the earlier to occur of two(2)year from initia I operation of the product or 18 months from delivery thereof(the"Warranty Period"). END OF SECTION HDR Project No. 10176456 City of Bozeman WRF Solids Handling and Headworks Building Expansion SCREW PRESS 46 76 27-10 ppp^Q Page 1 of 2 A ® DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 02/02/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Willis Towers Watson Certificate Center NAME: Willis Towers Watson Southeast, Inc. c/o 26 Century Blvd PHCN No, Ext: 1-877-995-7378 FAX No: 1-888-467-2378 E-MAIL c P.O. Box 305191 ADDRESS: ertificates@will is.com Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: XL Insurance America Inc 24554 INSURED INSURERB: Trumbull Insurance Company 27120 Huber Technology, Inc. 1009 Airlie Parkway INSURERC; Twin City Fire Insurance Company 29459 Denver, NC 28037 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W20013614 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR SD D POLICYNUMBER MM/DDIYYYY MMIDDIYYYY x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGES(RENTED 1,000,000 PREMISES Ea occurrence) $ A MED EXP(Any one person) $ 10,000 Y US00106912LI21A 01/01/2021 01/01/2022 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 x JECT POLICY PRO ❑LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident x ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED 22 UEN AE0433 01/01/2021 01/01/2022 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE US00106913LI21A 01/01/2021 01/01/2022 AGGREGATE $ 1,000,000 DED I X RETENTION$ 10,000 $ WORKERS COMPENSATION x PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER C ANYPROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUE No NIA 22 WB AJ4L9X 01/01/2021 01/01/2022 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: Bozeman Water Reclamation Facility Solids Handling Building Expansion Project. HDR Project No. 10176456; 2245 Springhill Road, Bozeman, MT. Equipment: One HUBER Q-Press 800.2 Screw Press and one HUBER Multi-Rake Bar Screen: RakeMax® J. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Bozeman Engineering AUTHORIZED REPRESENTATIVE 20 East Olive Street, #202, Bozeman, MT 59715 c ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD SR iD; 20667768 BATCH: 1971924 AGENCY CUSTOMER ID: LOC#: AC" ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis Towers Watson Southeast, Inc. Huber Technology, Inc. 1009 Airlie Parkway POLICY NUMBER Denver, NC 28037 See Page 1 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Buyer = City of Bozeman, MT and Engineer = HDR Engineering, Inc., Buyer, Engineer, their consultants, and other persons or entities respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all are included as an Additional Insureds as respects to General Liability General Liability policy shall be Primary to any other insurance in force for or which may be purchased by Additional Insured. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 20667768 BATCH: 1971924 CERT: W20013614 SECTION 00 6113 EJCDC C-610 PERFORMANCE BOND CONTRACTOR(nanteand address): SURETY(name and addressofprincipal place ofbusiness): Huber Technology,Inc. Travelers Casualty and Sure Company of America 1009 Airlie Parkway Y Surety P Y Denver,NC 28037 One Tower Square OWNER(nanteand address): Hartford,CT 06183 City of Bozeman 20 East Olive Street#202 Bozeman MT 59715 CONSTRUCTION CONTRACT Effective Date of the Agreement: January 26,2021 Amount: $605,121.00,Six Hundred Five Thousand One Hundred Twenty One and 00/100 Dollars Description(name and location):Bozeman WRF Solids Handling Building Expansion Project BOND Bond Number: 107353257 Date(notearlierthan the Effective Date of theAgreentent of the Constritclion Contract): February3,2021 Amount:$605,121.00,Six Hundred Five Thousand One Hundred Twenty One and 00/100 Dollars Modifications to this Bond Form: [K]None See Paragraph 16 Surety and Contractor,intending to be legally bound hereby,subject to thetetms set forth below,do each cause this Performance Bond to be duly executed by an authorized officer,agent,or representative. ``�tt1111t►tt�t, NO .�ECHNO CONTRACTOR AS PRINCE' �O SURETY 4. Huber Technology,Inc. = Z: FQ Travelers Casualty and Surety Company of America Contra 's Nam and otat� 12014 1 Surety's Name and Corpora Seal1; CGNN. Ig y •�....-�% ' Signa tafrel Q-''I, •'"' "'�\ `�•` Signature attach power fattorne)) Alexis Apostolidis PruitNam ,- Ir �� L Print Name VY(l�t�— 1�+��1 U✓C Attorney-in-Fact Title Title Attest: Attest iy- §i-g—nAture Signature VV Nllt� dhltl' ltra Z1r Ian Williams,Witness Title Notes:(])Provide supplemental erecudon by any additional parties,such asjointventurers.(2)Any singular reference to Contractor,Surety,Otvner,or otherparty shall be considered phiral where applicable. HDR Project No. 10176456 City of Bozeman WRF Solids Dewalering Building Expansion and Headworks improvements C-610 PERFORMANCE BOND 0061 13-1 1. The Contractor and Surety,jointly and severally,bind themselves, 5.4 Waive its right to perform and complete, arrange for their heirs,executors,administrators,successors,and assigns to the completion, or obtain a new contractor, and with reasonable Owner for the performance of the Construction Contract, which is promptness underthecircumstances: incorporated herein by reference. 5.4.1 After investigation,determine the amount for which 2. If the Contractor performs the Construction Contract,the Surety it may be liable to the Owner and,as soon as practicable after and the Contractor shall have no obligation under this Bond,except the amount is determined,make payment to the Owner;or when applicable to participate in a conference as provided in Paragraph 3. 5.4.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. 3. If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after: 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness,the Surety shall be deemed to be in default on 3.1 The Owner first provides notice to the Contractor and die this Bond seven days after receipt of an additional written notice from Surety that the Owner is considering declaring a Contractor the Owner to the Surety demanding that the Surety perform its Default.Such notice shall indicate whether the Owner is requesting obligations under this Bond,and the Owner shall be entitled to enforce a conference amongthe Owner,Contractor,and Surety to discuss any remedy available to the Owner. If the Surety proceeds as provided the Contractor's performance. If the Owner does not request a in Paragraph 5.4,and the Owner refuses the payment or the Surety has conference,the Surety may, within five(5)business days after denied liability,in whole or in part,without ffirther notice the Owner receipt of the Owner's notice,request such a conference. If the shall be entitled to enforce any remedy available to the Owner. Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested 7. If the Surety elects to act under Paragraph 5.1,5.2,or 5.3,then die under this Paragraph 3.1 shall be held within ten(10)business days responsibilities of the Surety to the Owner shall not be greater than those of the Surety's receipt of the Owner's notice. If the Owner,the of the Contractor under the Construction Contract, and the Contractor,and the Surety agree,the Contractor shall be allowed a responsibilities of the Ownerto the Surety shall not be greater than those reasonable time to perform the Construction Contract,but such an of the Owner under the Construction Contract. Subject to the agreement shall not waive the Owner's right,if any,subsequently commitment by the Owner to pay the Balance of the Contract Price,the to declare a Contractor Default; Surety is obligated,without duplication for: 3.2 The Owner declares a Contractor Default,terminates the 7.1 the responsibilities of the Contractor for correction of Construction Contract and notifies the Surety;and defective work and completion of the Construction Contract; 3.3 The Owner has agreed to pay the Balance of the Contract 7.2 additional legal, design professional, and delay costs Price in accordance with the terms of the Construction Contract to resulting from the Contractor's Default, and resulting from the the Surety or to a contractor selected to perform the Construction actions or failure to act of the Surety under Paragraph 5;and Contract. 7.3 liquidated damages, or if no liquidated damages are 4. Failure on the part of the Owner to comply with the notice specified in the Construction Contract,actual damages caused by requirement in Paragraph 3.1 shall not constitute a failure to comply delayed performance or non-performance of the Contractor. with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates g. If the Surety elects to act under Paragraph 5.1,5.3,or 5.4,the actual prejudice. Surety's liability is limited to the amount of this Bond. 5. When the Owner has satisfied the conditions of Paragraph 3,the 9. The Surety shall not be liable to the Owner or others for obligations Surety shall promptly and at the Surety's expense take one of the of the Contractor that are unrelated to the Construction Contract,and following actions: the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall 5.1 Arrange for the Contractor, with the consent of the accrue on this Bond to any person or entity other than the Owner or its Owner,to perform and complete the Construction Contract; heirs,executors,administrators,successors,and assigns. 5.2 Undertake to perform and complete the Construction 10. The Surety hereby waives notice of any change,includingchanws Contract itself,through its agents or independent contractors; of time,to the Construction Contract or to related subcontracts,purchase orders,and other obligations. 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance 1 l. Any proceeding, legal or equitable, under this Bond may be and completion of the Construction Contract,arrange for a contract instituted in any court of competent jurisdiction in the location in which to be prepared for execution by the Ownerand a contractor selected the work or part of the work is located and shall be instituted within two with the Owners concurrence,to be secured with performance and years after a declaration of Contractor Default or within two years after payment bonds executed by a qualified surety equivalent to the the Contractor ceased working or within two years after the Surety bonds issued on the Construction Contract,and pay to the Owner refuses or fails to perform its obligations under this Bond,whichever the amount of damages as described in Paragraph 7 in excess of the occurs first. If the provisions of this paragraph are void or prohibited Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or HDR Project No. 10176456 City of Bozeman WRF Solids Dewatering Building Expansion and Headworks Improvements C-610 PERFORMANCE BOND 0061 13-2 by law, the minimum periods of limitations available to sureties as a Contract Documents and changes made to the agreement and the defense in the jurisdiction of the suit shall be applicable. Contract Documents. 12. Notice to the Surety,the Owner,or the Contractor shall be mailed 14.3 Contractor Default:Failure of the Contractor,which has or delivered to the address shown on the page on which their signature not been remedied or waived,to perform or otherwise to comply appears. with a material term of the Construction Contract. 13. When this Bond has been furnished to comply with a statutory or 14.4 Owner Default:Failure of the Owner,which has not been other legal requirement in the location where the construction was to be remedied or waived,to pay the Contractor as required under the performed,any provision in this Bond conflicting with said statutory or Construction Contract or to perform and complete or comply with legal requirement shall be deemed deleted herefrotn and provisions the other material terms of the Construction Contract. conforming to such statutoryor other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond 14.5 Contract Documents:All the documents that comprise shall be construed as a statutory bond and not as a common law bond. the agreement between the Owner and Contractor. 14. Definitions 15. If this Bond is issued for an agreement between a contractor and subcontractor,the term Contractor in this Bond shall be deemed to be 14.1 Balance of the Contract Price:The total amount payable Subcontractor and the term Owner shall be deemed to be Contractor. by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance 16. Modifications to this Bond areas follows: for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page,including all END OF SECTION HDR Project No. 10176456 City ol'Bozeman WRF Solids Dewatering Building Expansion and Headworks Improvements C-610 PERFORMANCE BOND 0061 13-3 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Alexis Apostolidis of HARTFORD Connecticut , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 17th day of January, 2019. VITA •J'��Y App oG `- ZIHAIRMOFAI 7 � S, COW. Q a NARrfOpD, c (p1101�1n State of Connecticut By: - City of Hartford ss. Robert L.Rane , enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. 1�P HOjy'r. r,, IN WITNESS WHEREOF,I hereunto set my hand and official seal. �`� °► NIOITARY My Commission expires the 30th day of June,2021 • +t+ PU81..r' Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) duly executed (under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 3rd day of February 2021 n ��1 T1 iT HAHTFOPD, + � Gt70'd�l 0 itl OONN. o K,y, ��Hughes,Assistant To verify the authenticity of this Power ofAttorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which this Power ofAttorney is attached. SECTION 00 61 14 EJCDC C-615 PAYMENT BOND CONTRACTOR(name and address): SURETY(name and addr ess of principal place of business): Huber Technology,Inc.,1009 Airlie Parkway,Denver,NC 28037 Travelers Casualty and Surety Company of America OWNER(name and address): One Tower Square City of Bozeman,20 East Olive Street#202,Bozeman,MT 59715 Hartford,CT 06183 CONSTRUCTION CONTRACT Effective Date ofthe Agreement:January 26,2021 Amount:$605,121.00,Six Hundred Five Thousand One Hundred Twenty One and 00/100 Dollars Description(name and location):Bozeman WRF Solids Handling Building Expansion Project BOND Bond Number: 107353257 Da to(not ear•lierthan the Effective Date of the Agreement of the Construction Contract):February 3,2021 Amount:$605,121.00,Six Hundred Five Thousand One Hundred Twenty One and 00/100 Dollars Modifications to this Bond Form: XQ None ❑ See Paragraph 18 Surety and Contractor,intending to be lega lly bound hereby,subject to the terms set forth below,do each cause this Payment Bond to be duly executed by an authorized officer,agent,or representative. CONTRACTORAS PRINCIPAL tttt++trtrti� �i SURETY GH Np4 Huber Technology,Inc. � r).i Travelers Casualty and Surety Company of America seal Contractor's Nam d Corpoit� 2 Surety's Name and Corpor-ate Seal j KAMi 7, EA L n = � CONN. By: _ By: Signatur Signature(attach power fattorney) C G oz I Q�• !��`� Alexis Apostolidis Print Name UA�` o.�`' Print Name .�C- I., C rrl1J311'tt�00�� %Q rL) Attorney-in-Fact Title t Title Attest: Attest• Vr Si ture Signatu Aa.wll I'll s mfJr Jan Williams,Witness Title ' Title Notes:(])Provide supplemental execution by any additional parties,such asjoint venturers.(2)Any singular reference to Contractor,Surety,Owner,or otherparry shall be considered plural where applicable- 1. The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors, and assigns to the Owner to pay for labor,materials,and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the followingterms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends,indemnifies,and holds harmless the Owner from claims, demands,liens,or suits by any person or entity seeking payment for labor, materials,or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Paragaph 13)of claims,demands,liens,or suits against the Owner or the Owner's property by any person or en tity seeking HDR Project No. 10176456 City of Bozeman WRF Solids Dewatering Building Expansion and Headworks Improvements C-615 PAYMENT BOND 0061 13-1 payment for labor,materials,or equipment furnished for use in the performance of the Construction Contract,and tendered defense of such claims,demands,liens,or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3,the Surety shall promptly and at the Surety's expense defend,indemnify,and hold harmless the Owner against a duly tendered claim,demand,lien,or suit. 5. The Surety's obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants who do not have a direct contract with the Contractor, 5.1.1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and 5.1.2 have sent a Claim to the Surety(at the address described in Paragraph 13). 5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: 7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challengingany amounts that are disputed;and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety's failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however,the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8. The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attomey's fees provided under Paragraph 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any, under any construction performance bond. By the Contractor furnishingand the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner,Claimants,or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs orexpenses of any Claimant under this Bond,and shall have under this Bond no obligation to snake payments to or give notice on behalf of Claimants,or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change,including changes of time,to the Construction Contract orto related subcontracts,purchase orders,and other obligations. 12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competentjurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.l.2 or 5.2,or HDR Project No. 10176456 City of Bozeman WRF Solids Dewatering Building Expansion and Headworks Improvements C-615 PAYMENT BOND 0061 13-2 (2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs. If the provisions of this paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13. Notice and Claims to the Surety,the Owner,or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conformingto such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim:A written statement by the Claimant includingat a minimum: l. The name of the Claimant; 2. The name of the person for whom the labor was done,or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor,materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor,materials,or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor,materials,or equipment furnished as of the date of the Claim; 7. The total amount of previous payments receivedby the Claimant;and 8. The total amount due and unpaid to the Claimant for labor,materials,or equipment furnishedas of the date of the Claim. 16.2 Claimant:An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials,or equipment for use in the performance of the Construction Contract The tern Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms of"labor,materials,or equipment"that part of the water,gas, power,light,heat,oil, gasoline,telephone service,or rental equipment used in die Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials,or equipment were furnished. 16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, includingall Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default:Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract orto perform andcomplete orcomplywith the other material terns of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18.Modifications to this Bond are as follows:None. HDR Project No. 10176456 City of Bozeman WRF Solids Dewatering Building Expansion and Headworks Improvements C-615 PAYMENT BOND 0061 13-3 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company FTRAIVELERSJ St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Alexis Apostolidis of HARTFORD Connecticut , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 17th day of January, 2019. ��t�iP ',•LTY AhOo yj n IIAIiTFOF�, s �,' oceokr( CL��jCjB ' CONN. O f[K State of Connecticut By: City of Hartford ss. Robert L.Rane , enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal. .r" '► My Commission expires the 30th day of June,2021 • N+tRY � PUB1i Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b)duly executed (under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 3rd day of February 2021 u yyy��AY J��TY ANO � • �pF �6 F�,�° �r tt .s[N Gam' (s Kevin E.Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which this Power of Attorney is attached.