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HomeMy WebLinkAboutR-2011-120 Dual Fuel: Digester Gas and Natural Gas; Hot Water Boiler; Cole Industrial; Project 23071 FOR BIDDING September 23. 2011 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 City of Yakima, Washington Yakima Regional Wastewater Treatment Facility Dual Fuel: Digester Gas and Natural Gas Hot Water Boiler Procurement Package 1 1998 W Judith Lane Boise, Idaho 83705 Phone (208) 433-1900 Fax (208) 433-1901 1 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 129 North Second Street Yakima, Washington 98901 Phone: (509) 575-6113 • Fax (509) 576-6792 Michael Morales. Director ADDENDUM NO. 1 TO THE BID DOCUMENTS & SPECIFICATIONS FOR THE CITY OF YAKIMA, WA For Yakima Regional Wastewater Treatment Plant Dual Fuel: Digester Gas and Natural Gas Hot Water Boiler City Project No.: 2307 TO THE ATTENTION OF ALL BIDDERS AND PLAN HOLDERS: The Bid & Contract Documents shall be modified as follows: ITEM 1. Specifications - Section 11310 Section 2.03.H.1. Revise requirement for supply pressure of digester gas to indicate 34.6 inches water column (1.25 psig) instead of 36 inches water column. ITEM 2. Specifications — Section 11310 Section 2.03.H.7. Revise to include the following equipment: a. Flame arrester with removable cover plate and bank assembly. Net free area of flame arrester shall be not less than three times the area of the connected pipe. Varec series 5010 or equivalent. b. 1" Digester drip trap with 2-1/2 quart capacity. Project No. 2307 / Addendum 1 Page 1 of 2 10/5/2011 This ADDENDUM is to be considered as much a part of the contract provisions as if it were included in the body of the Plans and Specifications. All Bidders shall acknowledge receipt of the ADDENDUM on the proposal form prior to bid opening. APPROVED: S,2oit Dan Barbeau, P.E. Date OCT 5J/00FRE 1 EXPIS:04.28.2012 ( END OF ADDENDUM NO. 1 Project No. 2307 / Addendum 1 Page 2 of 2 10/5/2011 CITY OF YAKIMA, WASHINGTON WASTEWATER TREATMENT PLANT DUAL FUEL DIGESTER GAS / NATURAL GAS HOT WATER BOILERS PROCUREMENT PACKAGE SPECIFICATIONS AND DOCUMENTS TABLE OF CONTENTS BIDDING REQUIREMENTS 00020 Invitation to Bid 00100 Instructions to Bidders BID FORMS 00300 Bid Form 00410 Bid Bond CONTRACT FORMS 00500 Agreement PPB Procurement Performance Bond 00540 Assignment of Procurement Contract 00600 Surety's Agreement to Assignment CONDITIONS OF CONTRACT 00700 General Conditions for Procurement Contracts 00800 Supplementary Conditions SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS 01015 Project Requirements 01018 Drawings 01070 Abbreviations of Terms and Organizations 01300 Submittals 01610 General Equipment Stipulations 01612 Shipping 01614 Handling DIVISION 11 -EQUIPMENT 11310 Dual Fuel: Digester Gas / Natural Gas Hot Water Boilers 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 City of Yakima,Washington Wastewater Treatment Plant Dual Fuel: Digester Gas / Natural Gas Hot Water Boilers Procurement Package BIDDING REQUIREMENTS - 5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INVITATION TO BID NOTICE IS HEREBY GIVEN that sealed bids will be received by the City Clerk of the City of Yakima, 129 N. 2nd Street, Yakima, Washington, 98901 until 3:30 pm on October 20, 2011 and will then and there be opened and publicly read for the following project: CITY OF YAKIMA Dual Fuel: Digester Gas and Natural Gas Hot Water Boilers Procurement City Project No. 2307 This work shall consist of: furnishing and delivering two (2) Dual Fuel (Digester Gas and Natural Gas) Hot Water Boilers (125 hp with a nominal output capacity of 4,184 MBtu/H) and all accessories as described in the contract documents to the City of Yakima's Wastewater Treatment Plant located at 2220 East Viola Street, Yakima, WA 98901; coordinating with a contractor to be named later on the submittal and delivery of the equipment; and, providing field services for equipment start up and operator training. The equipment to be furnished and delivered generally includes: dual fuel (digester gas and natural gas) hot water boilers meeting 20 ppm NOx emissions standards; complete control system; flow meters and flow transmitters; and, pressure and temperature detectors and transmitters. All bid proposals shall be accompanied by a bid proposal deposit in cash, certified check, cashier's check or surety bond in an amount equal to five percent (5%) of the amount of such bid proposal. Should the successful bidder fail to enter into such contract and furnish a satisfactory performance bond within the time stated in the specifications, the bid proposal deposit shall be forfeited to the City of Yakima. All Bids must be in accordance with the Bidding Documents on file with City of Yakima, at the address specified herein, and at the office of Pharmer Engineering LLC 1998 W. Judith Lane, Boise, Idaho 83705 Copies of the Bidding Documents may be purchased for $50 at the Office of the City Engineer located at 129 North 2nd Street or by ordering a set by phone at 509-575-6674 or by FAX at 509-576-6305. Project questions should be directed to Dean Smith, Utility Project Manager at 509-576-6754. Bids will be received on a lump sum base bid basis. The City of Yakima in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced, or conditional Bids, and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of Owner to make an award to that Bidder. Owner also reserves the right to waive informalities. DATED this 3RD day of October, 2011 PUBLISH: October 3rd, 2011 October 10th, 2011 Deborah J. Kloster CITY CLERK Section 00100 City of Yakima Dual Fuel: Natural Gas -and Digester Gas HotWaterBoilers Procurement City Project No. 2307 INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS. Terms used in these Instructions to Bidders shall have the meanings assigned to them in the General Conditions and in the Supplementary Conditions. An additional term is defined as follows: Successful Bidder - The lowest qualified, responsible, and responsive Bidder to whom Owner (on the basis of Owner's evaluation as herein provided) makes an award. 2. COPIES OF BIDDING DOCUMENTS. Bidding Documents may be purchased for $50 from Office of the City Engineer located at 129 North 2nd Street or by ordering a set by phone at 509-575-6674 or by FAX at 509-576-6305. Project questions should be directed to Dean Smith, Utility Project Manager at 509-576-6754, at the address indicated herein. Partial sets of Bidding Documents will not be issued. Complete sets of Bidding Documents must be used in preparing Bids; Owner and Engineer will assume no responsibility for errors or misrepresentations resulting from the use of incomplete sets of Bidding Documents. Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the Work, Bidder may be required to submit written evidence on financial data, previous experience, present commitments, and other such data as may be requested by Owner or Engineer. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located, or Bidder must agree to obtain such qualification prior to award of the Contract. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE. It is the responsibility of each Bidder, before submitting a Bid, to (a) thoroughly examine the Contract Documents; (b) consider federal, state, and local laws and regulations that may affect • cost, progress, performance, or furnishing of the Work; (c) study and carefully correlate Bidder's observations with the Contract Documents; and (d) notify Engineer of all conflicts, errors, or discrepancies discovered by Bidder in the Contract Documents. 9 1 4.01. Bidder's Representation. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement concerning examination of the Contract Documents and the site, that without exception the Bid is premised upon performing and furnishing the Work required bythe Contract Documents,, and -that theContract-Documents-are svfficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5. INTERPRETATIONS AND ADDENDA. All questions about the meaning or intent 111 of the Bidding Documents and the Contract Documents shall be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for opening of Bids may not be answered. Only answers issued by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6. BID SECURITY. Each Bid must be accompanied by bid security made payable without condition to Owner in an amount of 5 percent of Bidder's maximum Bid and in the form of a bid bond issued by a surety meeting the requirements set forth in the Supplementary Conditions. The Bid Bond shall be submitted using the form in the Bidding Documents. 1 If the Successful Bidder fails to execute and deliver the Agreement and to furnish the required contract security within the number of days set forth in the Bid Form, Owner may annul the Notice of Award and the bid security of that Bidder will be forfeited. 7. CONTRACT TIMES. The numbers of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment (the Contract Times) are set forth in the Bid Form. 8. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement. 9. SUBSTITUTE OR "OR -EQUAL" ITEMS. The procedure for submission of any application for review of substitute or "or -equal" items by Equipment Supplier and consideration by Engineer is set forth in the General Equipment Requirements. The Contract, if awarded, will be on the basis of materials and equipment indicated on the Drawings or specified in the Specifications. 10. BID FORMS. The Bid Forms indicated in the Table of Contents are bound in Bidding Documents and shall not be removed therefrom. Bid Forms must be completed in ink. Bids by corporations must be executed in the corporate name by the president or the vice-president (or by another corporate officer, accompanied by evidence of authority to sign for the corporation). Bids by partnerships must be executed in the partnership name and signed by a partner. Bids by joint ventures shall be signed by each participant in the joint venture or by a representative of the joint venture, accompanied by evidence of authority to sign for the joint venture. 10 1 1 1 1 1 1 1 1 1 1 The names of all persons signing shall be legibly printed below their signatures. A Bid by a person who affixes to its signature the word "president", "secretary", "agent", or other designation without disclosing its principal may be held to be the Bid of the individual signing. When requested by Owner, evidence of the authority of the person signing -shell be -furnished. All blanks in the Bid Form shall be filled. A bid price shall be indicated for each bid item listed therein, or the words "No Bid", "No Charge", or other appropriate phrase entered. The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers and dates of which shall be filled in on the Bid Form. No alterations in Bids, or in the printed forms therefor, by erasures, interpolations, or otherwise, will be acceptable unless each such alteration is signed or initialed by Bidder; if initialed, Owner may require Bidder to identify any alteration so initialed. 10.01. Bid Pricing. Bids must be priced in a lump sum basis as set forth on the bid form. 11. SUBMISSION OF BIDS. Bids shall be submitted at the time and place indicated r in the Invitation to Bid, or at the modified time and place indicated by Addendum. Bids shall be enclosed in an opaque, sealed envelope or wrapping, addressed to: City of Yakima City Clerk's Office 129 North Second St. Yakima, WA 98901 Bids shall be marked with the name and address of the Bidder and shall be accompanied by the bid security and other required documents. If the Bid is sent through the mail or by other delivery system, the sealed envelope shall be enclosed in a separate envelope, with the notation "BID ENCLOSED" on the face of it. Each bid envelope shall be identified on the outside with the words "Bid for Dual Fuel: Natural Gas and Digester Gas Hot Water Boilers Package for the City of Yakima WWTP". Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. Bids received after the time and date for receipt of Bids will be returned unopened. One copy of the bound Bidding Documents that contains the Bid Form must be submitted with the Bid. Oral, telephone, facsimile, or telegraph Bids are invalid and will not receive consideration. No Bidder may submit more than one Bid for each section. Multiple Bids for the same work will not be accepted from more than one firm or association. 12. MODIFICATION AND WITHDRAWAL OF BIDS. Bids may be modified or 11 withdrawn, at any time prior to the opening of Bids, by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted. 13. OPENI-NG-OF BIDS -Bids -will be -publicly opened -and -read -aloud. An -abstract of the amounts of the Base Bids and major alternatives (if any) will be made available to Bidders after the opening of Bids. 14. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All Bids will remain subject to acceptance for the number of days set forth in the Bid Form, but Owner may, in its sole discretion, release any Bid prior to that date. 15. AWARD OF CONTRACT. Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced, or conditional Bids, and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of Owner to make an award to that Bidder. Owner also reserves the right to waive informalities. In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternatives, unit prices, and other data as may be requested in the Bid Form or prior to the Notice of Award. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, Suppliers, and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. If the Contract is to be awarded, it will be awarded to the lowest responsible, responsive Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of Owner. If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within the number of days set forth in the Bid Form. 16. CONTRACT SECURITY. The Supplementary Conditions set forth Owner's requirements as to Performance Bond. This Bond shall be delivered to Owner with the executed Agreement. 17. SIGNING OF AGREEMENT. When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by four unsigned counterparts of the Agreement, with all other written Contract Documents attached. Within the number of days set forth in the Bid Form, the Successful Bidder shall sign, leaving the dates blank, and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds and power of attorney. Within 30 days thereafter, Owner shall execute all copies of the Agreement and other Contract Documents submitted by the Equipment Supplier (Successful Bidder); shall insert the date of contract on the Agreement, Bonds, and power of attorney; and shall return all copies to Engineer for review and distribution. Distribution of signed copies shall be as stipulated in the Agreement. Each counterpart is to be accompanied by a complete set of the Drawings, with appropriate identification. 12 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 18. SALES AND USE TAXES. Provisions for sales and use taxes, if any, are set forth in the Supplementary Conditions. 19. RETAINAGEProvisions-conceming-retainage-are set -forth -in the -Agreement. 20. ASSIGNMENT OF PROCUREMENT CONTRACTS. The Contract for the Work hereunder will be assigned by Owner to a separate general construction contractor at the time the construction contract (under which the equipment and materials specified herein will be installed) is executed. The assignment of this Contract will be made by Owner prior to completion of fabrication and delivery of the equipment and materials. Example forms for assignment of the Contract and Surety's agreement to the assignment are bound herewith. In the application of the terms and conditions of these Contract Documents after the Contract has been assigned to the general construction contractor, this Supplier shall function as a subcontractor or a supplier to the assignee general construction contractor, and all obligations of this Supplier to Owner shall, after assignment, become obligations of this Supplier to the assignee general construction contractor. Risk of loss as it relates to the equipment and materials provided hereunder shall be borne..by Supplier until delivery to the project site and acceptance by the assignee general construction contractor, and thereafter shall be borne by the assignee general construction contractor until final acceptance by Owner. 21. LAWS AND REGULATIONS. Modifications, if any, to the General Conditions concerning laws and regulations are set forth in the Supplementary Conditions. Additional provisions, if any, concerning laws and regulations are set forth in the Agreement. End of Section 13 City of Yakima, Washington Wastewater Treatment Plant Dual Fuel: Digester Gas / Natural Gas Hot Water Boilers Procurement Package BID FORMS 15 1 1 1 1 PROJECT IDENTIFICATION: 12011 Yakima Regional WWTP Dual Fuel: (Natural Gas and Digester Gas) Hot Water Boilers Procurement Package THIS BID IS SUBMITTED TO: 1 City of Yakima City Clerk's Office 129 North Second St. Yakima, WA 98901 Section 00300 BID FORM 1 1 1 1 1 1 1 1 1 1 1 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents within the specified time and for the amount indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Invitation to Bid and the Instructions to Bidders, including without limitation those dealing with the disposition of bid security. This Bid will remain subject to acceptance for 90 days after the day of bid opening. Bidder will sign and submit the Agreement with the Bonds and other documents required by the Bidding Documents within 15 days after the date of Owner's Notice of Award. 3. In submitting this Bid, Bidder.: represents that: a. Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): No. Dated /U%OSI ZotI No. Dated b. Bidder is familiar with and has satisfied itself as to all federal, state, and local laws and regulations that may affect cost, progress, performance, and furnishing of the Work. c. Bidder certifies that the equipment furnished will comply with the Contract Documents. d. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work forwhich this Bid is submitted. I17 ed to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale e. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm, or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. f. Bidder agrees to assignment of the Owner's rights and responsibilities to Contractor as set forth in these documents. 4. Bidder will complete theMork for the following price and guaranteed delivery schedule: Lump Sum Base Bid of $�1 6-12 Guaranteed Delivery to Site - . $ 33 ,l7V Y1 Sales Tax C��r t�AS red Fvr-4-e€s\ rho �(�;•�i SI C4%f SzV�h ��•,�j b7,0v 1) 0114 vL Total $: 411/g(561 Y 9 r1=-tl�r un�,�,j�v F-or+y 5kt rbvuS.,-ne( tie- (40ALlre-Ct S i}r}-Y 0.4c! &--3 ti3/406 %) it 5. Bidder recognizes that time is of the essence of the Agreement and that the Owner will suffer financial loss if the Work is not completed by the date indicated below. Bidder agrees that the Work in the Contract Award shall be completed by the following dates. Completion shall mean completed and ready for final payment in accordance with Paragraph 13/ of the General Conditions. Initial Submittal of Detailed Shop Drawings: 30 calendar days after Notice of Award Substantial Completion (Delivery to Jobsite): 84 calendar days after Shop Drawing Approval Actual delivery date of equipment will be scheduled and coordinated with the Contractor. 6. The terms used in this Bid, which are defined in the General Conditions included as part of the Contract Documents, have the meanings assigned to them in the General Conditions. cI zlI„Qs- y ; s (0 S- e{cys t=om F I18 ed to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale SIGNATURE OF BIDDER If an Individual By doing business as Business address (signature of individual) Phone No. Date 20 If a Partnership By (firm name) Business address (signature of general partner) Phone No. Date ,20 If a Corporation By vt 2 N d.v S A L- C- 1.4 - (signature of general partner) Business address 5 1 Z`H Zo 3 p -d $ 4- 5. w . I L'..2 (44.s-..../1 • Wbbct w � ro 3 Phone No. qZ S - 114:- - (voo 7_ DateD crobea- IQ 4-41 ,20 \ 1, End of Section I19 ided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale BIDDER (Name and Address): Cole Industrial, Inc. 5924 203rd St SW ynnwood, WA 98036 PENAL SUM FORM BID BOND SURETY (Name and Address of Principal Place of Business): Travelers Casualty and Surety Company of America 1501 Fourth Ave, Ste. 1650 Seattle, WA 98101 OWNER (Name and Address): City of Yakima 129 N 2nd St Yakima, WA 98901 BID BID DUE DATE: 10/20/2011 PROJECT (Brief Description Including Location): City of Yakima, Washington, Wastewater Treatment Plant Dual Fuel: Natural Gas and Digester Gas Boiler Procurement, 2307, 2220 East Viola: St, Yakima, WA 98901 BOND BOND NUMBER: Bid DATE (Not later than Bid due date): 10120/2011 PENAL SUM: Five Percent (5°0 of Bid Amount (Words) 50 of Bid Amount (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER Cole Industrial,. Inc. Bidder's ame Corporate!Seal By: Attest: lh Signature'and 1'itle c Signature and Tit1( (Seal) SURETY Travelers Casualty Company of America Surety's Name and and Surety • 1 orporate Seal s By: O ti.r f� .:a1) Witness: " 4 )A: Karen Signature and Title ri3tcp: er Kinyon (Attach Power o Attomey)'Attorney-in-Fac t e� -�E../)"- 3 44 -An --- Signature and Title Swanson, Witness Note: (1) (2) Above addresses are to be used for giving required notice. Any singular reference to Bidder, Surety, OWNER or other party shall be considered plural where applicable • PENAL SUM FORM 21 ti d to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I. Bidder and Surety, jointly and bindthemselves, their heirs, executors, administrators,successors and assigns to upon default ofBidder the penal sum set of this Bond. severally, pay to OWNER forth on the face 2. Default of Bidder shall occur upon the failure ofBidder to deliver within the time required.by the BiddingDocuments (or any extension thereof agreed to in writingby OWNER) the executed Agreement required by theBidding Documents and any performance and paymentBonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1. OWNER accepts Bidder's Bid and Bidderdelivers within the time required by the. BiddingDocuments (or any extension thereof agreed to in writingby OWNER) the executed Agreement required by theBidding Documents and any performance and paymentBonds required by the Bidding Documents, or 3.2. All Bids are rejected by OWNER, or 3.3. Ov NER fails to issue a Notice of Award toBidder within the time specified in the BiddingDocuments (or any extension thereof agreed to in writingby Bidder and, if applicable, consented to by Suretywhen required by paragraph 5 hereof). 4. Payment under this Bond will be due and payableupon default by Bidder and within 30 calendar days afterreceipt by Bidder and Surety of written notice of defaultfrom OWNER, which notice will be given withreasonable promptness, identifying this Bond and theProject and including a statement of the amount due. 5. Surety waives notice of and any and all defenses basedon or arising out of any time extension to issue Notice ofAward agreed to in writing by OWNER and Bidder,provided that the total time for issuing Notice of Awardincluding extensions shall not in the aggregate exceedl 20 days from Bid due date without Surety's writtenconsent. 6. No suit or action shall be commenced under this Bondprior to 30 calendar days after the notice of defaultrequired in paragraph 4 above is received by Bidder andSurety and in no case later than one year after Did duedate. 7. Any suit or action under this Bond shall becommenced only in a court of competent . jurisdictionlocated in the state in which the Project is located. 22 8. Notices required hereunder shall be in writing and sentto Bidder and Surety at their respective addresses shownon the face of this Bond. Such notices may be sent bypersonal delivery, commercial courier or by United StatesRegistered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond acurrent and effective Power or Attorney evidencing theauthority of the officer, agent or representative whoexecuted this Bond on behalf of Surety to execute, sealand deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicablestatutory requirements. Any applicable requirement ofany applicable statute that has been omitted from thisBond shall be deemed to be included herein as if set forthat length. If any provision of this Bond conflicts with anyapplicable statute, then the provision of said statute shallgovern and the remainder of this Bond that is not inconflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offeror proposal as applicable. id to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify fy S cale TRAVELERS J WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney -In Fact No. 223961 Certificate No. 0 0 4 4 9 51 7 0 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the.State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Eric Zimmerman, Karen Swanson, Brent E. Heilesen, Anne E. Strieby, James B. Binder„ Peter J. Comfort, Jennifer L. Snyder, Julie R. Truitt, Peggy A. Firth, Tamarie Ellingsen, Steve Marinkovich, Christopher Kinyon, Jamie Diemer, and Brady Moriarty of the City of Tacoma , State of Wn hingtnn their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in thei J?usiness ofxuaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings.required or permitted- in an .actions or,proceedings allowed by law. t;14 IN WITNESS WHEREOF; the Companies have caused this instrument to‘besigned` nd tco poratc scats to be hereto affixed, this day of August 2011 heir. State of Connecticut City of Hartford ss. Farmington Casualty Conipany'�`aa Fidelity and GuarantOns tranc4o pany.:;"� Fidelity and Guaranty Insur nee Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company INCORPORATEDG\ 1 1, 1951 S 30th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: Thompson, •color ice President On this the 30th day of August 2011 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440-6-11 Printed in U.S.A. Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary.may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, 'any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity add Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and Unted;States Fidelity''and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Corupafiies which is in full forcetnd effect and has not been revoked. ,. 3• K.� .�:; -ria' }�,, -I , IN TESTIMONY WHEREOF, I have hereunto set my hand and. affixed the seals of said; Companies; this 2-°+11 day of 0.C- Ee6' . 20 �1 . �., :� � v . Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1 1 1 1 1 1 1 I� 1 1 City of Yakima. Washington. Wastewater Treatment Plant Dual Fuel: Natural Gas and Digester Gas Hot Water Boilers Procurement Package CONTRACT FORMS 23 NOTE: The following standard form will be used for preparation of the Agreement after award of contract. • Section 00500 i?kGREEMENT , THIS AGREEMENT is by and between the City of Yakima (herein called Owner) and - (herein called - Supplier). Owner and Supplier, in consideration of the mutual covenants herein set forth, agree as follows: Article'4: WORK: Supplier shall complete all Work as specified or indicated.in the:Contract Dpcumepts •., - based on the acceptance by Owner of Supplier's Bid as follbws: The Work is 'generally described -a§f611prx.n!S:' " =MD: Furnish and deliver two hot water boilers and all accessories as desbribedihsettjbh 11310. Supplier's field services shall also be included ps- a part of this contract. Equipment will be:delivered to cbritraptor for inStallation. _ . - , • ' ;:qi • • ' '•je' Article 2. ENGINEER. " " The Project has been designed bY,Pharmer Engineering LLC, 1998 West Judith Lane, Boise ID 83705, who is referred to,in,the Contract Docurnents,asipigineer., Engineer, and its duly authonied'a66ntS;are to act as Owner§ repreSeritkiVeS60a4ime all duties and responsibilities and have the rights and authority assignedio Engineer in the Contract Documents.in .connection with completionpf tbe.Wprk tp,jaccordance with the Contract Document. ' Article 3. CONTRACT TIMES, LIQUIDATED DAMAGES, DELAYS AND DAMAGES, DELAY COMPENSATION. 3.1. Contract Times. TheQpntract Tir,pes shall eas, indicated in,tne Syppliers430. The Work will be s� tantiaflk cpmpleted within the number of clays, indtCatetITO th Supplier's Bid, and completed and ready for final payment in acCpcdanceWith,tne, General Conditions on or before the date indicated in the Supplier's Bid. 3.2. Liquidated Damages. Owner and Supplier recognize that time is of the essence of this Agreement andlhiatpwripr wilIsuffer financial Jpss,if tneagrkisinotcomplete`d within the times specified in 16aragraPp-,,iapdye, plus any extensionsf-Wereofallowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accoidinglic.iriste6C1 of requiring any such proof, Owner and Supplier agree that as liquidated damages for 25 delay (but not as a penalty) Supplier shall pay Owner $2,000 for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion until the Work is substantially completed. . In addition to liquidated damages, Supplier may be liable for damages brought by other contractors for delays caused by Supplier for"failing to perform work by the specified date or time. Owner shall have the right to deduct the liquidated damages from any money in its hands, otherwisedue, or to become due, to Supplier, or to initiate applicable dispute resolution procedures and recover liquidated damages for nonperformance of this Contract within the time stipulated. Article 4'. CONTRACT'PRICE . `f41854/0 q‘l Owner shall pay Supplier in current funds, for completion of the Work designated in Article 1 in accordance with the Contract Documents. Article-5''PAYMENT PROCEDURES.- Supplier shall submit Applications for Payment,:in, accordance with,th.e,General ,. Conditions. -Applications for Payment will be processed 15y Engineer as provided in the General Conditions. ,. 5.1:'Ptogres ' Pa'ymehts Ownerhall,make progress.payments on accountof the Contract Price on the basis of Supplier's Applications for Payment as recommended by Engineer, according to the following Payment Schedule. Milestone . ,Payment, - Enginee'r's'Acceptance of"Final 10% of ContractPrice., Shop'Drawings r „,. :#. .. Delivery' of'Equipmeht-to'Site and 75% of Con'fract Price_ Acceptance by Engineer and Contractor Final Testing and Acceptance 15% of Contract Price 5.2: Final Payment.' Upon •completion'and acceptance of three Work_ in accor'dan'ce w ith, the General Conditio'ns;' Owner'shali''pay`the remainder'of the Confract714ice,as recommended by=Engin'ee'r: • Article}} 6. CONTRACT DOCUMENTS. tt The Contract Docurrients'which'compr`ise'the entire-agreemer,t betweei'Owner"`and. Supplier��concerning:theWork'consi 't 'of the-following:t: °`g`" a. This;hgreepent, 7R b. Exhibits to this Agreement. c Procurement Performance Bond. d Assignment of Procurement Contract e. Surety's Agreement to Assignment. f. General Conditions for Procurement Contracts.. Supplementary Conditions. h. Specifications- Division 1 through Division 16: i. Supplier's. Bid. Documentation submitted by Supplier prior to Notice of Award, marked Exhibit IJ�k , • f- _. _ - _. , All Written Amendments E hd'other documents arraen;ding,-•modif irigor ' supplementing the Contract Documents pursuant to the General a Conditions; which may be delivered or issued after the Effective •Datd,of the Agreement and are not attached hereto.;'• J. There are no Contract Documents other than those listed in this arficl'e.`The Contract Documents may be'arnended, modified,for `supplemented only as'provided'in'the"'�`" General Conditions. Article 7. PROCUREMENT CONTRACT. Supplier acknowledges that this Procurement Agreement Will be assigned by Owner to a Contractor, in accordance with the Supplementary Conditions, and hereby approves and consents to such an assignment. Article 8. MISCELLANEOUS. a. Terms used in this Agreement, which are defined in Article 1 of the General Conditions, will have the meanings indicated in the General Conditions. b. Owner will assign this agreement to the Contractor as set forth in the Surety's Agreement to Assignment Form. No other assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent {except to the extent that the effect of this restriction may be limited by law); and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the 97 • assignor from any duty or responsibility, under the Contract, Documents. c. Owner and Supplier each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations -contained in the Contract Documents. d. The business address of Supplier given herein is hereby designated as the place to which all notices, letters, and other communication to Supplier will be mailed or -delivered. The address of Owner appearing herein is hereby designated as the place to which all notices, letters, and other communication to Owner shall be mailed or delivered.Either party may change its address at any time by an instrunient in writing delivered to Engineer and to'the other'party..` IN WITNESS WHEREOF, Owner and Supplier have signed this'Agreement. One counterpart each has been delivered to Owner, Supplier, Surety, and Engineer. • This Agreement will be effective on DEcEil&E1 . T; 20 11 OWNER:, 17-Y - ,SUPPLIER: • Co le.1-ti.cluSa-4-hot By Title: UT"f MAI5 Address for giving notices 1,2-1t l) . S Ec t yht r'tn4, ori- ciao -1(2,1 By 'DA vl.0 Title: VI( Addresstfor-giving notices Scl Z'{ ZD 3 0.-c( S- .S.6-0 C0Le !/Lei (GI e,.4 End of Section '10 Bond No. 105695474 Procurement Pcrforman.ce Bond Any singular reference so Contractor.'Surety,Owner orother party shad'b'e=eonsidered:pluralwhere applicable. SUPPLIER(Name,and Address): Cole Industrial, Inc. 5924 203rd St SW Lynnwood, WA 98036 SURETY (Name and .Principal Place of Business): Travelers Casualty and Surety Company of America 1501 Fourth Ave, Ste 1650 Seattle, WA 98101 OWNER:(.Name.andAddress): City of Yakima Department of Community and Economic Development 129 North Second St Yakima, WA 98901 'PROCUREhIENT CONTRACT Date:11/03/2011 Amount:Four Hundred Forty -Eight Thousand Five Hundred Sixty -One and 49/100 Dollars ($448,561.49) Description (Name and Location): Dual Fuel:"Digester Gas and Natural Gas Hot Water Boilers Procurement, City of Yakima Job No. 2307 Yakima, Washington BOND Date (Not earlier. than Procurement'Contract Date): 11 / 11 /2 011 Amount:Four Hundred Forty -Eight Thousand Five Hundred Sixty -One and 49/100 Dollars ($448,561.49) Modifications to this Bond Form: None .SUPPLIER AS, PRINCIPAL Companyl:Cole In Signatures ;: 11 Marne and.Tiilc:4 1.O SURETY SUPPLIER A S. p2INCII `AL y Company: Signature: 'Name and Title: (Corp: Seal) Company: Travelers Cas . -1 Signature: Name and Title: Chri (Corp': Seal) ty an Surety Companyof'Pinmrica SURETY Company: Signature: Name and Title: topher •' yon;, Attorney -in -Fact ` • (Corp. Sea!), 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TRAVELERS J Attorney -In Fact No. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 223961 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 04495184 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Eric Zimmerman, Karen Swanson, Brent E. Heilesen, Anne E. Strieby, James B. Binder, Peter J. Comfort, Jennifer L. Snyder, Julie R. Truitt, Peggy A. Firth, Tamarie Ellingsen, Steve Marinkovich, Christopher Kinyon, Jamie Diemer, and Brady Moriarty of the City of Tacoma , State of Washin • nn , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any4tions or,proceedings allowed by law. 30th IN WITNESS WHEREOF,,the Companies have caused this instrument tobe signed.and their corporate seals to be hereto affixed, this day of August 2011 a�- State of Connecticut City of Hartford ss. '.Farmington Casualty Company "Fidelity and Guaranty'Ins6rance Company Fidelity and Guaranty Insurance Underw `titers, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: Thompson, 'enior ice President On this the 30th day of August 2011 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440-6-11 Printed in U.S.A. e. Marie C. Tetreault. Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul GuardianInsurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United`States Fidelityand Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies: which.is in'full force."and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand andaffixed the seals of said "Companies this 114 day of N(1 [Ji"4 ei. 20 1 . Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • LEINDU2 '"ACORDrM' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/11/2011 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 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 Propel Insurance Tacoma Commercial Insurance 1201 Pacific Ave, Suite 1000 Tacoma, WA 98402 CONTACT NAME:Teresa Hoijfeld PHONE 800 499-0933 FAX 866.577.1326 (AIC, No, Ext): (A/C, No): E-MAILDRESS: t-h@pp r0 elinsurance.com AD INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Twin City Fire Insurance Co. LIABILITY COMMERCIAL GENERAL LIABILITY INSURED Cole Industrial, Inc. Western Combustion LLC 5924 203rd ST SW Lynnwood, WA 98036-6284 INSURER B : Navigators Insurance Company 52CES0A9350 INSURER c: Liberty Northwest Insurance Co. 12/01/2011 INSURER D Great American E & S Insurance $1000,000 INSURER E : SeaBright Insurance Company $ 300,000 INSURER F: General Insurance Company of Am $10 000 CERTIFICATE NUMBER: 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. LTR TYPE OF INSURANCE INSRL SUBR MID POLICY NUMBER _(MM/DDYIYEYYYJ _ jF MM/DDNYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X X 52CES0A9350 12/01/2010 12/01/2011 EACH OCCURRENCE $1000,000 PREMISES (O Ea a occur ence) $ 300,000 EXP (Any one person) $10 000 CLAIMS -MADE X OCCURMED PERSONAL a ADV INJURY $1,000,000 X BI/PD Ded:15000 GENERAL AGGREGATE $2,000,000 X GEN'L 7 WA Stop AGGREGATE POLICY X Gap LIMIT APPLIES PECOT- PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ F AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS 24CC2872211 12/01/2010 12/01/2011 COMBINED NGLE LIMIT (Ea accident)SI $1,000,000 $ BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE SE10EXC5442731V 12/01/2010 12/01/2011 EACH OCCURRENCE $10,000,000 $10,000,000 $ AGGREGATE DED RETENTION$ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A WC41NC014483010 States: OR, AK ID, MT, CA 12/01/2010 12/01/2011 X - S TORY STAILIT TOI OTH- FR E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT 51,000,000 D E Poll/Prof. Liab. USL&H PCE184960500 BB3101152 12/01/2010 05/16/2011 12/01/2011 05/16/2012 $1,000,000 Occ/Agg $1,000,000 EL Limit DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Re: Dual Fuel Digester Gas and Natural Gas Hot Water Boilers Procurement, City of Yakima Job No. 2307. The City of Yakima, it agents, employees, volunteers, and elected and appointed officials are Additional Insureds per the attached endorsements. CERTIFICATE HOLDER CANCELLATION City of Yakima 129 N 2nd Street Yakima, WA 98901 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) 1 of 1 #S801417/M675570 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TXHOO Why We Are Using the Latest ACORD 25 Certificate of Insurance In September 2009, ACORD revised the ACORD 25 Certificate of Insurance form. One of the major changes was the removal of the cancellation notice provision. For the following reasons, we are unable to issue an older edition of this form, modify the current form, or complete a proprietary form you provide • Notice of cancellation is 'a policy right, not an unregulated service. No insurer shown on this certificate is able to provide the cancellation notice you desire by endorsement. For example, the insured can cancel immediately, so it would be impossible for the insurer to give you the notice you request. State law also grants the insurer the right to cancel for reasons such as nonpayment with less notice than you require. • For the reason just cited, if our agency was to issue a certificate that provides the cancellation notice you request, we would do so with the full knowledge that it would be impossible to actually give that amount of notice under certain circumstances. As such, the certificate could be alleged to constitute a misrepresentation or fraud which could subject our agency and staff to serious civil and criminal penalties. • If a certificate purports to provide a policy right different from that provided by the policy itself, then the certificate effectively purports to be a policy form. Policy forms must be filed and approved by our state department of insurance. Use of nonfiled policy forms is illegal and could result in legal sanctions distinct from the assertion that the certificate is fraudulent. • Under the ACORD Corporation's licensing agreement, the prior editions of superseded forms can be used for one year from the time the new forms are introduced. Beginning in September 2010, this is another reason we cannot use an older edition of the ACORD 25. Doing so would violate ACORD's licensing agreement and, as a copyrighted document, federal copyright law. • Likewise, we are unable to modify the new certificate to add a notice of cancellation. ACORD forms are designed to be completed, not altered. ACORD's Forms Instruction Guide says that a certificate should not be used "To waive rights...To quote wording from a contract...To quote any wording which amends a policy unless the policy itself has been amended." In addition, our insurance company contracts only allow us to issue unaltered ACORD forms. • We are often asked to issue proprietary certificates provided by the certificate requestor. Again, our insurance company contracts only allow us to issue unaltered ACORD forms. Many proprietary certificates include broad, vague or ambiguous language that may or may not be incompliance with state laws, regulations, and insurance department directives. Therefore, we cannot issue any proprietary certificates. We appreciate your understanding of the legal restrictions on our ability to fully comply with your request Cole Industrial, Inc. 52CES0A9350 have all your rights and duties under this Coverage Pari. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Pari. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Pari is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other- similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 160th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, In the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b, "Property damage" to property awned by, rented to, in the charge of or occupied by you or the employer of any person who Is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an Insured by an endorsement issued by us and made a part of this Coverage Part a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to fiabitity for damages that the vendor would have in the absence of the contract or agreement; Page 10 of 18 HG 00 01 06 05 •Cole Industrial, Inc. 52CES0A9350 (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor, (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, In connection with the distribution or sale of the products; (1) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor, or "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Sub- paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) Thls insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment !eased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. (h) c. Lessors of Land or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that !and; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) in connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". HG 00 01 06 05 Page 11 of 18 •Cole Industrial, Inc. 52CES0A9350 f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. (1) In the performance of your ongoing operations; (2) in connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products -completed operations hazard", but only if (a) The written .contract or agreement requires you to provide such coverage to such additional insured: and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds under this provision is described in Section 111— Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION IR — LiMITS OF INSURANCE 1. The Most We will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard'; and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 4. Personal and Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, Lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 6. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be Page 12 of 18 HG 00 01 06 05 Cole Industrial, Inc. 52CES0A9350 added as an additional insured on your policy, the most we will pay an behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insureds estate will not relieve us of our obligations under this Coverage Part 2. Duties in The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must (1) immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to It that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; Any trustee, if you or an additional insured is a trust; or Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or (3) (5) (6) HG 00 01 06 05 Page 13 of 18 Cole Industrial, Inc. 52CESOA9350 that are in excess of the applicable limit of Insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. if other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work' (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner, (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft if the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section 1— Coverage A — Bodily Injury And Property Damage Liability; Property Damage to Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (5) (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other Insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insuranceor none of the loss remains, whichever comes first. Page 14of18 HG00010605 (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Engineer or other party): Section 00540 ASSIGNMENT OF PROCUREMENT CONTRACT The Contract between the City of Yakima, WA and (Supplier) for the procurement of two (2) hot water boilers, accessories, and Supplier's field services under the a Contract Documents entitled Hot Water Boilers Procurement Package is hereby assigned, transferred, and set over to the CONTRACTOR for the General Construction Work, in accordance with Article 7 of the Agreement and Paragraph 5.9 of the Supplementary Conditions. Thereafter, shall be totally responsible for all Work performed under the assigned Procurement Contract and for the OWNER'S obligations and rights contained in the Procurement Contract Documents. This assignment will be effective on the Effective Date of the Agreement between the OWNER and the CONTRACTOR for the General Construction Work. ASSIGNMENT DIRECTED BY: OWNER By: (Signature) (title) ASSIGNMENT CONSENTED TO BY: SUPPLIER ASSIGNMENT ACCEPTED BY: APPROVED AS TO FORM: By: (Signature) (title) CONTRACTOR By: (Signature) (title) By: Owner's Attorney 33 1 1 SURETY'S AGREEMENT TO ASSIGNMENT Surety hereby acknowledges and agrees to the assignment by Owner of this Procurement Agreement to a General Contractor in accordance with the Supplementary. Conditions. Surety further agrees that upon assignment of the Procurement Agreement such General Contractor shall have all the rights and duties previously available to Owner under the Procurement Performance Bond. Surety Company: Signature: Name/Title: End of Section PROPOSAL Yakima Regional Wastewater Treatment Facility Dual Fuel: Digester Gas and Natural Gas Hot Water Boiler Procurement Package- City ackageCity Project No. 2307 The bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged all requirements and signed all certificates contained herein. A proposal guaranty in an amount of five percent (5%) of the total bid, based upon the approximate estimate of quantities at the above prices and in the form as indicated below, is attached hereto: CASH CASHIER'S CHECK CERTIFIED CHECK PROPOSAL BOND IN THE AMOUNT OF 5% OF THE BID ** Receipt is hereby acknowledged of addendum(s) No.(s) SIGNA ► : C a TTHORIZED OFFICIAL(s) ❑ 0 i1 IN THE AMOUNT OF DOLLARS ($ ) PAYABLE TO THE CITY TREASURER ti Vt0,e- Pet, e,ed�� vy FIRM NAME LOLL TAM (Ao 90thP (ADDRESS) ,q Zk 203 0.1 s 4- y w • L r NN woe et ►v/; %(0 T G STATE OF WASHINGTON CONTRACTORS LICENSE NUMBER C 6 LE S- '54e 272 Q Z FEDERALlIl) 017 (el 1.!ti le WA STATE EMPLOYMENT SECURITY REFERENCE NO. Z1.3 R Q 3 UO�j Note: (1) This proposal form is not transferable and any alteration of the firm's name entered hereon without prior permission from the Secretary of Transportation will be cause for considering the proposal irregular and subsequent rejection of the bid. Please refer to section 1-02.6 of the standard specifications, re: "Preparation of Proposal," or "Article 4" of the Instructions to Bidders for building construction jobs. Should it be necessary to modify this proposal either in writing or by electronic means, please make reference to the following proposal number in your communication. id37 to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 City of Yakima. Washington Wastewater Treatment Plant Dual Fuel: Natural Gas and Digester Gas Hot Water Boilers Procurement Package CONDITIONS OF CONTRACT 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 GENERAL CONDITIONS FOR PROCUREMENT CONTRACTS These General Conditions have been adapted from Standard General Conditions of the Contract, NSPE Form 1910-8. 41 Article No. 1 2 SECTION 00700 TABLE OF CONTENTS FOR GENERAL CONDITIONS FOR PROCUREMENT CONTRACTS Title DEFINITIONS PRELIMINARY MATTERS 3 CORRELATION, INTERPRETATION, AND INTENT OF CONTRACT DOCUMENTS 4 BONDS 5 SUPPLIER'S RESPONSIBILITIES 6 WORK BY OTHERS 7 OWNER'S RESPONSIBILITIES 8 ENGINEER'S STATUS 9 CHANGES IN THE WORK 10 CHANGE OF CONTRACT PRICE 11 CHANGE OF CONTRACT TIME 12 WARRANTY AND GUARANTEE; TESTS AND INSPECTION; CORRECTION OR ACCEPTANCE OF DEFECTIVE WORK 13 PAYMENTS AND COMPLETION 14 DELAY OR CANCELLATION OF WORK, AND TERMINATION 15 ARBITRATION 16 MISCELLANEOUS 42 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INDEX TO GENERAL CONDITIONS FOR PROCUREMENT CONTRACTS Article or Paragraph No. Access to Work 12.5 Addenda, Definition of (See Definition of Specifications) 1 Agreement, Execution of 2.1 Application for Payment, Definition of 1 Application for Payment, Final 13 5 Application for Payment, Review of 13.3 through 13.5.5 Application for Progress Payment 13.1 Arbitration, In General 15 Award, Notice of- Defined 1 Before Starting Work 2.7 Bid, Definition of 1 Bid Alternative, Definition of 1 Bidder, Definition of 1 Bonds, In General 4 Bonds, Definition of 1 Bonds, Delivery of 2.2 Bonds, Performance and Payment 4. 1, 4.2 Change Order, Definition of 1 Changes in the Work 9 Claims, Waiver of 13.10 through 13.10.2 Clarifications and Interpretations 8.2 Completion, Payments and 13 Contract Documents, Definition of - - - 1 Contract Price, Change of 10 Contract Price, Definition of 1 Contract Time, Change of 11 Contract Time, Commencement of 2.5 Contract Time, Definition of 1 Supplier, Definition of 1 Supplier May Stop Work or Terminate 14.5 Supplier, Neglected Work by 12.10 Supplier's Continuing Obligation 13,9 Supplier's Pre -start Representations 2.4 Supplier's Responsibilities, In General 5 Supplier' s Warranty of Title 13.2 Copies of Documents 2.3 Correction of Defective Work ] 2,7 Correction Period 12.8 Correction or Acceptance of Defective Work, In General 12 Correlation, Interpretation and Intent of Contract Documents 3 43 Article or Paragraph No. Day, Definition of 1 Defective Work, Acceptance of 12.9 Defective Work, Correction of 12,7 Defective Work, Definition of 8.3 Defective Work, Rejecting 8.3 Definitions I Delay or Cancellation of Work, and Termination 14 Delivery of Bonds 2.2 Disagreements, Decisions by Engineer 8.4, 8.5 Documents, Copies of 2.3 Drawings, Definition of I Engineer, Definition of 1 Engineer's Responsibilities, Limitations on 8.6 through 8.8 Engineer's Status, In General 8 Execution of Agreement 2.1 Final application for Payment 13.6 Final Payment 13,7 General, Miscellaneous Provisions 16.3 through 16.6 Giving Notice 16,1 Guarantee, Warranty and 12.1 Indemnification 5.6 through 5.8 Inspection, Tests and 12.2 through 12.4 Interpretations and Clarifications 8.2 Labor, Matenals and Equipment Limitations on Engineer's Responsibilities Local Conditions, Supplier's Familiarity with 5.1 through 5.3 8.6 through 8.8 2.4 Materials and Equipment, Furnished by Supplier 5.1 Miscellaneous 16 Modification, Definition of 1 Neglected Work by Supplier 12.10 Notice, Giving of 161 Notice of Award, Definition of ] Notice to Proceed, Definition of I Notice to Proceed, Giving of 2.5 Owner, Definition of. Owner May Stop the Work 12.6 44 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Article or Paragraph No. Owner May Delay Shipment or Cancel Work, Terminate 14.1 through 14.4 Owner's Representative, Engineer To Serve As 8.1 Owner's Responsibilities, In General 7 Patent Fees and Royalties 5.4 Payment, Review of Application for 13.3 through 13.5.5 Payments and Completion, In General 13 Performance and Payment Bonds 4.1 through 4.2 Price, Change of Contract 10 Price, Contract, Definition of 1 Progress Payment, Application for 13.1 Rejecting Defective Work 8.3 Responsibilities, Supplier's 5 Responsibilities, Owner's 7 Royalties, Patent Fees and 5.4 Shop Drawings, Definition of Specifications, Definitions of 1 1 Starting Work, Before Stopping Work, By Supplier Stopping Work, By Owner Surety, Consent to Payment Surety, Qualification of 2.7 14.6 12.6 13.6 through 13.7 4.1, 4.2 Taxes 5.5 Termination, By Supplier 14.6 Termination, By Owner 14.3 through 14.4 Termination, Delay and Cancellation of Work, and 14 Tests and Inspections 12.2 through 12.3 Time, Change of Contract 11 Time, Computation of 16.2 Time, Contract, Definition of 1 Waiver of Claims 13.10 through 13.10.2 Warranty and Guarantee, By Supplier 12.1 Warranty of Title, Supplier's 13.2 Work, Access To 12.5 Work by Others, In General 6 Work, Definition of 1 Work, Neglected by Supplier 12.10 Work, Starting 2.6 Work, Stopping By Supplier 14.6 Work, Stopping By Owner 14.1 through 14.5 GENERAL CONDITIONS FOR PROCUREMENT CONTRACTS ARTICLE 1 -DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda - Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the bidding documents, including drawings and specifications by additions, deletions, clarifications, or corrections. Addenda will become part of the Contract Documents when the Agreement is executed. Application/or Payment - The form used by SUPPLIER in requesting payments, including accompanying documentation required by Contract Documents. Bid- The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bid Alternative - The offer or proposal of the Bidder submitted on the prescribed form setting forth -the prices -for -Work -to -be -performed -that -is -either an -additive -(adder) -or -deductive -(deduct) price to the Bid. Bidder - Any person, firm, or corporation submitting a Bid for the Work. Bonds - Bid, performance, and payment bonds and other instruments of security, furnished by SUPPLIER and his surety in accordance with the Contract Documents. Change- Order_ -A written_ order _to_SUPPLIER- signed _b --y_ OWNER _authorizing _an_addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement. Contract Documents -The Agreement, Addenda (whether issued prior to the opening of Bids or the execution of the Agreement), Invitation to Bid, Instructions to Bidders, SUPPLIER'S Bid, the Bonds, the Notice of Award, the Notice to Proceed, these General Conditions, the Supplementary Conditions, the Specifications, Drawings, and Modifications. Contract Price - The total moneys payable to SUPPLIER under the Contract Documents. Contract Time - The number of days stated in the Agreement for the completion of the Work, computed as provided in these General Conditions; or the date set forth in the Agreement. Day -A calendar day of twenty-four (24) hours measured from midnight to the next midnight. Drawings - The drawings which show the character and scope of the Work to be performed and which have been prepared or accepted by ENGINEER and are referred to in the Contract Documents. ENGINEER - The person, firm, or corporation named by the OWNER, or the duly 46 1 1 1 authorized agents of ENGINEER, acting within the scope of the duties entrusted to them. Modification - .(a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order, (c) a written clarification or interpretation issued by ENGINEER, or (d) a written ' order for a minor change or alteration in the Work issued by ENGINEER. A Modification may only be issued after execution of the Agreement. Notice of Award -The written notice by OWNER to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by him within the time specified, OWNER will execute and deliver the Agreement to him. ' Notice to Proceed- A written notice given by OWNER to SUPPLIER (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which SUPPLIER shall start to perform his obligations under the Contract Documents. OWNER - A public body or authority, corporation, association,artnershi , or individual for P P whom the Work is to be performed. ' Shop Drawings - All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by SUPPLIER, manufacturer, supplier or distributor and which illustrate the ' equipment, material, or some portion of the Work. Specifications -Those portions of the Contract Documents consisting of written technical ' descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work. SUPPLIER - The person, firm, or corporation with whom OWNER has executed the Agreement. Work- Any and all obligations, duties, and responsibilities assigned to or undertaken by SUPPLIER under the Contract Documents. As ordered, as directed, as required, as permitted, as allowed -The order, directions, requirement, permission, or allowance of OWNER or ENGINEER is intended only to the extent of judging compliance with the Contract Documents. The terms do not imply that OWNER or ENGINEER has any authority or responsibility for supervision of SUPPLIER'S forces or operations, such 1 supervision and the sole responsibility therefor being strictly reserved for SUPPLIER. Reasonable, suitable, acceptable, proper, satisfactory - The terms reasonable, suitable, acceptable, proper, and satisfactory mean such to OWNER or ENGINEER and are intended only to the extent of judging compliance with the Contract Documents. ' Understood and agreed - Whenever in these Contract Documents the expression "it is understood and agreed" or an expression of like import is used, such expression means the mutual understanding and agreement of the parties executing the Agreement. 1 1 1 ARTICLE 2 - PRELIMINARY MATTERS Execution of Agreement: 47 2.1. The Agreement and other Contract Documents will be executed as set forth in Supplementary Conditions. Delivery of Bonds: 2.2. When he delivers the executed Agreements to OWNER, SUPPLIER shall also deliver to OWNER such Bonds as he may be required to furnish. Copies of Documents: 2.3. OWNER shall furnish to SUPPLIER the number of copies of the Contract Documents set forth in Instructions to Bidders. Supplier's Pre -Start Representations: 2.4. SUPPLIER represents that he has familiarized himself with, and assumes full responsibility for having familiarized himself with, the nature and extent of the Contract Documents, Work, and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect performance of the Work, and represents that he has correlated his study and observations with the requirements of the Contract Documents. Commencement of Contract Tinie; Notice to Proceed: 2.5. The Contract Time will commence to run on the thirtieth day after the day on which the executed Agreement is delivered by OWNER to SUPPLIER; or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed; but in no event shall the Contract Time commence to run later than the ninetieth day after the day of Bid opening or the thirtieth day after the day on which OWNER delivers the executed Agreement to SUPPLIER. A Notice to Proceed may be given at any time within thirty days after the day on which OWNER delivers the executed Agreement to SUPPLIER. Starting the Work: 2.6. SUPPLIER shall start to perform his obligations under the Contract Documents on the date when the Contract Time commences to run. Before Starting Work: 2.7. Before undertaking each part of the Work, SUPPLIER shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon. He shall at once report in writing to ENGINEER any conflict, error, or discrepancy which he may discover; however, he shall not be liable to OWNER or ENGINEER for his failure to discover any conflict, error, or discrepancy in the Drawings or Specifications. ARTICLE 3 - CORRELATION, INTERPRETATION, AND INTENT OF CONTRACT DOCUMENTS 3.1. It is the intent of the Specifications and Drawings to describe the Work to be performed. The Contract Documents comprise the entire Agreement between OWNER and SUPPLIER. They may be altered only by a Modification. 48 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.2. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If SUPPLIER finds a conflict, error, or discrepancy in the Contract Documents, he shall call it to ENGINEER'S attention in writing at once and before.proceeding with the Work affected thereby; however, he shall not be liable to OWNER or ENGINEER for his failure to discover any conflict, error, or discrepancy in the Specifications or Drawings. Any Work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials, or equipment described in words which so applied have a well-known technical or trade meaning shall be deemed to refer to such recognized standards. ARTICLE 4 = BONDS Performance Bonds: 4.1. SUPPLIER shall furnish a performance Bond as security for the faithful performance and payment of all his obligations under the Contract Documents. The performance Bond shall be in an amount at least equal to the Contract Price. The Bond shall be executed on the form (when provided) included in the Contract Documents and with such sureties as are licensed to conduct business in the state where the Project is located and are named in the current list of "Surety Companies Acceptable on Federal Bonds" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts —U -S- Treasury Department—The-suretyshallan "A" minimum rating of performance and a financial rating strength of five times the Contract Price, all as stated in current "Best's Key Rating Guide, Property -Liability". The Bond•shall be accompanied by a "Power of Attorney" authorizing the attorney-in-fact to bind the surety and certified to include the date of the Bond. 4.2. If the surety on any Bond furnished by S.UPPLIER is declared a bankrupt or becomes insolvent or -its -right to do business in any -state -where any part -of the -Project is located is revoked, SUPPLIER shall within five days thereafter substitute another Bond and surety, both of which shall be acceptable to OWNER. ARTICLE 5 - SUPPLIER'S RESPONSIBILITIES Labor, Materials, and Equipment: 5.1. SUPPLIER shall furnish all materials, equipment, labor, transportation, tools, appliances, fuel, power, and all other facilities and incidentals necessary for completion of the Work. 5.2. All materials and equipment shall be new, except as otherwise provided in the Contract Documents. If required by ENGINEER, SUPPLIER shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 5.3. All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors,, except as otherwise provided in the Contract Documents. 49 Patent Fees and Royalties: 5.4. SUPPLIER shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. SUPPLIER shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses, and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work orresulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Taxes: 5.5 SUPPLIER shall pay all sales, consumer, use, and other similar taxes required to be paid by him in accordance with the law of the place where the Work is to be performed. Indemniftcation: 5.6. SUPPLIER shallindemnify and hold harmless OWNER and ENGINEER and their agents and employees from and against all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom; and (b) is caused in whole or in part by any negligent act or omission of SUPPLIER, anyone directly or indirectly employed by SUPPLIER or anyone for whose acts SUPPLIER may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 5.7.In any and all claims against OWNER or ENGINEER or any of their agents or employees by any employee of SUPPLIER, anyone directly or indirectly employed by SUPPLIER or anyone for whose acts SUPPLIER may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for SUPPLIER under workmen's compensation acts, disability benefit acts, or other employee benefit acts. 5.8. The indemnification obligations of SUPPLIER shall not extend to the liability of ENGINEER, his agents or employees arising out. of (a) the preparation of drawings, opinions, reports, Change Orders, designs, or specifications; or (b) the giving of or the failure to give directions or instructions by ENGINEER, his agents or employees, providing such giving or failure to give is the primary cause of injury or damage. ARTICLE 6 - WORK BY OTHERS 6.1. OWNER may perform related work or he may let other direct contracts therefor which shall contain General Conditions similar to these. SUPPLIER shall, upon request, provide the other Suppliers who are parties to such direct contracts (or OWNER if he is performing the 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 50 1 1 1 1 1 1 1 1 1 additional work himself), necessary data and details pertaining to his Work, and shall properly coordinate his Work with theirs. 6.2. If any part of SUPPLIER'S Work depends for proper execution or results upon the work of any such other Supplier (or OWNER), SUPPLIER shall inspect and promptly report to ENGINEER in writing any defects or deficiencies in such work that render it unsuitable for such proper execution and results. His failure so to report shall constitute an acceptance of the other work as fit and proper for the relationship of his Work except as to defects and deficiencies which may appear in the other work after the execution of his Work. ARTICLE 7 - OWNER'S RESPONSIBILITIES 7.1. OWNER shall issue all communications to SUPPLIER through ENGINEER. 7.2. OWNER shall furnish the data required of him under the Contract Documents promptly and shall make payments to SUPPLIER promptly after, they are due. 7.3. In addition to his rights to request changes in the Work, OWNER shall be obligated to execute Change Orders. ARTICLE _8=ENGINEER'S STATUS 1 1 1 1 1 1 1 Owner's Representative: 8.1. ENGINEER will be OWNER'S representative. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER'S representative are set forth in these General Conditions and shall not be extended without written consent of OWNER and ENGINEER. Clarifications and Interpretations: 8.2. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as he may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If SUPPLIER believes that a written clarification and interpretation entitles him to an increase in the Contract Price, he may make a claim therefor. Rejecting Defective Work: 8.3. ENGINEER will have authority to reject Work which is "defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty, or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection, test, or approval referred to in the Specifications, or has been damaged prior to ENGINEER'S recommendation of final payment). He will also have authority to require special inspection or testing of the Work whether or not the Work is fabricated, installed, or completed. Decisions on Disagreements: 8.4.ENGINEER will be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder. In his capacity as interpreter and judge, he will 51 exercise his best efforts to insure faithful performance by both OWNER and SUPPLIER. He will not show partiality to either and will not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes, and other matters relating to the execution and progress of the Work or the interpretation of or performance under the Contract Documents shall be referred to ENGINEER for decision, which he will render in writing within a reasonable time. 8.5. Either OWNER or SUPPLIER may request arbitration with respect to any such claim, dispute, or other matter that has been referred to ENGINEER, except any which have been waived by the making or acceptance of final payment, such arbitration to be in accordance with these General Conditions and Supplementary Conditions. Limitations on ENGINEER 's Responsibilities: 8.6.Neither ENGINEER'S authority to act under this article or elsewhere in the; Contract Documents nor any decision made by him in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to SUPPLIER, any materialman, fabricator, supplier, or any of their agents or employees or any other person performing any of the Work. 8.7. ENGINEER will not be responsible for SUPPLIER'S means, methods, techniques, sequences, or procedures, or the safety precautions incident thereto, and he will not be responsible _for -SUPPLIER'S -failure -to- perform -the -Work inaccordancewith-the Contract Documents. 8.8. ENGINEER will not be responsible for the acts or omissions of SUPPLIER, or any of his or their agents or employees or any other persons otherwise performing any of the Work. ARTICLE 9 - CHANGES IN THE WORK 9.1. Without invalidating the Agreement, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, SUPPLIER shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in these General Conditions on the basis of a claim made by either party. 9.2. ENGINEER may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents. If SUPPLIER believes that any minor change or alteration authorized by ENGINEER entitles him to an increase in the Contract Price, he may make a claim therefor. 9.3. Additional Work performed by SUPPLIER without authorization of a Change Order will not entitle him to an increase in the Contract Price or an extension of the Contract Time, except as otherwise provided herein. 9.4. OWNER shall execute appropriate Change Orders prepared by ENGINEER covering changes in the Work to be performed as provided herein and any other claim of SUPPLIER for a change in the Contract Time or the Contract Price which is confirmed by ENGINEER. 9.5. It is SUPPLIER'S responsibility to notify his Surety of any changes affecting the 52 general scope of the Work or change in the Contract Price, and the amount of the applicable Bonds shall be adjusted accordingly. ARTICLE 10 - CHANGE OF CONTRACT PRICE 10.1. The Contract Price constitutes the total compensation payable to SUPPLIER for performing the Work. All duties, responsibilities, and obligations assigned to or undertaken by SUPPLIER shall be at his expense without change in the Contract Price. 10.2. The Contract Price may only be changed by a Change Order. Any claim for an increase in the Contract Price shall be based on written notice delivered to OWNER and ENGINEER within fifteen days of the occurrence of the event giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within forty-five days of such occurrence unless ENGINEER allows an additional period of time to ascertain accurate cost data. All claims for adjustments in the Contract Price shall be determined by ENGINEER if OWNER and SUPPLIER cannot otherwise agree on the amount involved. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order. 10.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 10.3.1. Where the Work involved is covered b_yunit_prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved. 10.3.2. By mutual acceptance of a lump sum. ARTICLE 11 - CHANGE OF CONTRACT TIME 11.1. The Contract Time may only be changed by a Change Order. Any claim for an extension in the Contract Time shall be based on written notice delivered to OWNER and ENGINEER within fifteen days of the occurrence of the event giving rise to the claim. Notice of the extent of the claim with supporting, data shall be delivered within forty-five days of such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data. All claims for adjustment in the Contract Time shall be determined by ENGINEER if OWNER and SUPPLIER cannot otherwise agree. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. 11.2. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of SUPPLIER if he makes a claim therefor as provided in the preceding paragraph. Such delays shall include, but not be restricted to, acts or neglect by any separate Supplier employed by OWNER, fires, floods, labor disputes, epidemics,abnormal weather conditions, or acts of God. 11.3. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this article shall not exclude recovery for damages (including compensation for additional professional services) for delay by either party. ARTICLE 12 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS;CORRECTION OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 12.1. SUPPLIER warrants and guarantees to OWNER and ENGINEER that all materials and equipment will be new unless otherwise specified and that all Work will be of good quality and free from faults or defects and in accordance with the requirements of the Contract Documents and of any inspections, tests, or approvals referred to in the Tests and Inspection paragraph. All unsatisfactory Work, all faulty or defective Work, and all Work not conforming to the requirements of the Contract Documents at the time of acceptance thereof or of such inspections, tests, or approvals, shall be considered defective. Prompt notice of all defects shall be given to SUPPLIER. All defective Work may be rejected, corrected, or accepted as provided, in this article. Tests and Inspections: 12.2,If the Contract Documents, laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by some public body, SUPPLIER shall assume full responsibility therefor, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, testing, or approval. All other inspections, tests, and approvals required by the Contract Documents shall be performed by organizations acceptable to OWNER and SUPPLIER, and the costs thereof shall be borne by OWNER unless otherwise specified. 12.3. SUPPLIER shall give ENGINEER timely notice of readiness of the Work for all inspections or tests requiring observation by ENGINEER or OWNER. 12.4. Neither observations by ENGINEER nor inspections, tests, or approvals by persons other than SUPPLIER shall relieve SUPPLIER from his obligations to perform the Work in accordance with the requirements of the Contract Documents. Access to Work: 12.5. If the Contract Documents require any Work to specifically be inspected, tested, or observed by ENGINEER or OWNER, ENGINEER and his representatives and other representatives of OWNER shall at reasonable times have access to the Work. SUPPLIER shall provide proper and safe facilities for such access and observation of the Work and also for any inspection or testing thereof by others. Owner May Stop the Work; 12.6.If the Work is defective, or SUPPLIER fails to supply suitable materials or equipment, OWNER may order SUPPLIER to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of SUPPLIER or any other party. Correction of Defective Work: 12.7.If required by ENGINEER prior to his recommendation of final payment, SUPPLIER shall promptly, without cost to OWNER and as specified by ENGINEER, either correct any defective Work, or, if the Work has been rejected by ENGINEER, replace it with nondefective Work. If SUPPLIER does not correct such defective Work or replace such rejected Work within a reasonable time, all as specified in a written notice from ENGINEER, OWNER may have the deficiency corrected or the rejected Work replaced. All direct or indirect costs of 54 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 such correction or replacement, including compensation for additional professional services, shall be paid by SUPPLIER, and an appropriate deductive Change Order shall be issued. SUPPLIER shall also bear the expenses of making good all Work of others destroyed or damaged by his correction or replacement of his defective Work. Correction Period:: 12.8.If, prior to the expiration of one year after the date of final acceptance of the Work as provided in Supplementary Conditions) or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work is found to be defective, SUPPLIER shall promptly, without cost to OWNER and in accordance with OWNER'S written instructions, either correct such defective Work or, if it has been rejected by OWNER, replace it with nondefective Work. If SUPPLIER does not promptly comply with the terms of such instructions, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by SUPPLIER. Acceptance of Defective Work: 12.9. If, instead of requiring correction or replacement of defective Work, OWNER (and, prior to final payment, also -ENG- -INFER)-prefers-to-accept-it,-he-may do -so. -In -such -case, -if --- acceptance occurs prior to final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the Contract Price;: or, if the acceptance occurs after final payment, an appropriate amount shall be paid by SUPPLIER to OWNER. Neglected Work by Supplier: 12.10. If SUPPLIER should fail to prosecute the Work in accordance with the Contract Documents, OWNER, after seven days' written notice to SUPPLIER, may, without prejudice to • any other remedy he may have, make good such deficiencies and the cost thereof (including compensation for additional professional services) shall be charged against SUPPLIER if ENGINEER agrees with such action, in which case a Change Order shall be issued incorporating the necessary revisions in the Contract Documents including an appropriate reduction in the Contract Price. If the payments then or thereafter due SUPPLIER are not sufficient to cover such amount, SUPPLIER shall pay the difference to OWNER. ARTICLE 13 - PAYMENTS AND COMPLETION Application for Progress Payment: 13.1. As milestones (as defined in section 00300) are achieved, SUPPLIER shall submit to ENGINEER for review an Application for Payment filled out and signed by SUPPLIER covering the Work completed as of the date of the Application and accompanied by such data and schedules as ENGINEER may reasonably require. Supplier's Warranty of Title: 13.2.SUPPLIER warrants and guarantees that title to all Work, materials, and equipment 55 covered by any Application for Payment, whether delivered or not, will pass to OWNER at the time of paymentfree and clear of all liens, claims, security interests and encumbrances (hereafter in these General Conditions referred to as "Liens"). Review of Application for Payment: 13.3. ENGINEER will, within ten days after receipt of each Application for Payment, either recommend payment and present the Application to OWNER, or return the Application to SUPPLIER indicating in writing his reasons for refusing to recommend payment In the latter case, SUPPLIER may make the necessary corrections and resubmit the Application. OWNER shall, within ten days of presentation to him of an Application for Payment, pay SUPPLIER the amount recommended by ENGINEER. 13.4. ENGINEER'S recommendation of any payment requested in an Application for Payment will constitute a representation by him to OWNER, based on ENGINEER'S review of the Application for Payment and the accompanying data, that the Work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his recommendation); and that SUPPLIER is entitled to payment of the amount indicated. However, by recommending any such payment, ENGINEER will not thereby be deemed to have represented that he made exhaustive or -continuous inspections to -check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences, and procedures of manufacture, or that he has made any examination to ascertain how or for what purpose SUPPLIER has used the moneys paid or to be paid to him on account of the Contract Price, or that title to any Work, materials, or equipment has passed to OWNER free and clear of any Liens. 13.5. ENGINEER may refuse to recommend the whole or any part of any payment if, in his opinion, h would be incorrect to make such representations to OWNER. He may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results • of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in his opinion to protect OWNER from loss because: 13.5.1.the Work is defective, or completed Work has been damaged requiring correction or replacement, filed, 13.5.2. claims or Liens have been filed or there is reasonable cause to believe such may be 13.5.3.the Contract Price has been reduced because of Modifications, 13.5.4.OWNER has been required to correct defective Work or complete the Work in accordance with paragraph 12.9, or. 13.5.5. of unsatisfactory prosecution of the Work, including failure to furnish acceptable submittals. Application for Final Payment: 13.6. Upon written notice from ENGINEER that Work is completed and acceptable as provided in Supplementary Conditions, SUPPLIER shall make application for final payment following the procedure for progress payments. The final Application for Payment shall be 56 accompanied by all other documentation called for in the Contract Documents and such other data and schedules as ENGINEER may reasonably require. Final Payment: 13.7. If, on the basis of his review of the final Application for Payment, ENGINEER is satisfied that the Work has been completed and SUPPLIER has fulfilled all of his obligations under the Contract Documents, he will, within ten days after receipt of the final Application for Payment, indicate in writing his recommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and SUPPLIER that the Work is acceptable subject to the provisions of the paragraph regarding waiver of claims. Otherwise, he will return the Application to SUPPLIER, indicating in writing his reasons for refusing to recommend final payment, in which case SUPPLIER shall make the necessary corrections and resubmit the Application. OWNER shall, within ten days (or longer period stated in Supplementary Conditions) of presentation to him of the final Application for Payment, pay SUPPLIER the amount indicated. 13.8. ENGINEER'S recommendation of final payment will constitute an additional representation by him to OWNER that the conditions precedent to SUPPLIER'S being entitled to final payment have been fulfilled. ,,:... Supplier's Continuing Obligation: ._. 13.9. SUPPLIER'S obligation to perform the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, nor any payment by OWNER to SUPPLIER under the Contract Documents, nor any use of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any correction of defective work by OWNER shall constitute an acceptance of Work not in accordance with the Contract Documents. Waiver of Claims: 13.10. The making and acceptance of final payment shall constitute: a waiver of all claims by OWNER against SUPPLIER other than those arising from unsettled Liens, from defective work appearing after final inspection or from failure to comply with the requirements of the Contract Documents or the terms of any special guarantees specified therein, and 13.10.2. a waiver of all claims by SUPPLIER against OWNER other than those previously made in writing and still unsettled. ARTICLE 14 - DELAY OR CANCELLATION OF WORK, AND TERMINATION Owner May Delay Shipment: 14.1. OWNER reserves the right to order SUPPLIER to delay shipment of equipment and materials herein contracted. In the event such a delay is ordered by OWNER or ENGINEER in writing, OWNER will pay to SUPPLIER a reasonable amount for the extra costs incurred by SUPPLIER as a result of the delay. Such extra costs shall include storage charges, insurance, and transportation to the storage facility. Owner May Cancel: 57 14.2. OWNER reserves the right to cancel the unshipped portion of the Work. In the event of cancellation, OWNER will pay to SUPPLIER reasonable cancellation charges. Owner Many Terminate: 14.3. If SUPPLIER is adjudged a bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for SUPPLIER or for any of his property, or if he files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, or if he repeatedly 'fails to supply suitable materials or equipment, or if he repeatedly fails to make prompt payments for labor, materials, or equipment, or if he disregards laws, ordinances, rules, regulations, or orders of any public body having jurisdiction, or if he disregards the authority of the ENGINEER, or if he otherwise violates any provision of the Contract Documents, then OWNER may, without prejudice to any other right or remedy and after giving SUPPLIER and his Surety seven days' written notice, terminate the services of SUPPLIER and take possession of all on-site materials, equipment, tools, construction equipment and machinery owned by SUPPLIER, and finish the Work by whatever method he may deem expedient. In such case SUPPLIER shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to SUPPLIER. If such costs exceed such unpaid balance, SUPPLIER shall pay the difference to OWNER. Such costs incurred by OWNER shall be incorporated in a Change Order. 14.4. Where SUPPLIER'S services have been so terminated by OWNER, said termination shall not affect any rights of OWNER against SUPPLIER then existing or which may thereafter accrue. Any retention or payment of moneys by OWNER due SUPPLIER will not release SUPPLIER from liability. Supplier May Stop Work or Terminate: 14.5. If, through no act or fault of SUPPLIER, ENGINEER fails to act on any Application for Payment within thirty days after it is submitted, or OWNER fails to pay SUPPLIER any sum recommended by ENGINEER or awarded by arbitrators within thirty days of its approval and presentation, then SUPPLIER may, upon seven days written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus a reasonable profit. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Application for Payment or OWNER has failed to make any payment as aforesaid, SUPPLIER may upon seven days' notice to OWNER and ENGINEER stop the Work until he has been paid all amounts then due. ARTICLE 15 - ARBITRATION 15.1. Except as otherwise required by the Supplementary Conditions, all claims, disputes, and other matters in question arising out of, or relating to, this Agreement or the breach thereof except for claims which have been waived by the making or acceptance of final payment, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining. This agreement so to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in any court having jurisdiction 58 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 thereof 15.2. Notice of the demand for arbitration shall be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy shall be filed with ENGINEER. The demand for arbitration shall be made within thirty days after ENGINEER has rendered his decision where applicable, and in all other cases within a reasonable time after the claim, dispute, or other matter in question has arisen, and in no event shall it be made after institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 15.3. SUPPLIER shall carry on the Work and maintain the progress schedule during any arbitration proceedings, unless otherwise agreed by him and OWNER in writing. ARTICLE 16 - MISCELLANEOUS Giving Notice: 16.1. Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid to the last business address known to him who gives the notice. Computation of Time: 16.2. When any period of time is referred to in the Contract Documents by days, it shall 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 shall be omitted from the computation. General: 16.3. All Specifications, Drawings, and copies thereof furnished by ENGINEER shall remain his property. They shall not be used for other work, and, with the exception of those sets which have been signed in connection with the execution of the Agreement, shall be returned to him on request upon completion of the Work. 16.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon SUPPLIER and the rights and remedies available to OWNER and ENGINEER hereunder shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to them which are otherwise imposed or available by law, by special guarantee or by other provisions of the Contract Documents. 16.5. Should OWNER or SUPPLIER suffer injury or damage to his person or property because of any error, omission, or act of the other or of any of his employees or agents or others for whose acts he is legally liable, claim shall be made in writing to the other party withina reasonable time of the first observance of such injury or damage. 16.6. The Contract Documents shall be governed by the law of OWNER'S domicile. 59 Section 00800 SUPPLEMENTARY CONDITIONS Subjects SCOPE SC -1. DEFINITIONS SC -2 PRELIMINARY MATTERS SC -3. CORRELATION, INTERPRETATION, AND INTENT OF CONTRACT DOCUMENTS SC -4. BONDS SC -5. SUPPLIER'S RESPONSIBILITIES SC -6. WORK BY OTHERS SC -7. OWNER'S RESPONSIBILITIES SC -8. ENGINEER'S STATUS SC -9. CHANGES IN THE WORK SC -10. CHANGE OF CONTRACT PRICE SC -11. CHANGE OF CONTRACT TIMES SC -12. WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION OR ACCEPTANCE OF DEFECTIVE WORK SC -13. PAYMENTS AND COMPLETION SC -14. DELAY OR CANCELLATION OF WORK AND TERMINATION SC -15. ARBITRATION SC -16. MISCELLANEOUS 60 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Section 00800 SUPPLEMENTARY CONDITIONS SCOPE. These Supplementary Conditions amend or supplement the General Conditions and other provisions of the Contract Documents as indicated herein. All provisions which are not so amended or supplemented remain in full force and effect. SC -1. DEFINITIONS. Add the following definitions to Article 1 of the General Conditions: SC -1.1 Insert Definitions. Add the following sentences to definitions given: "Contractor - The person, firm, or corporation with whom Owner has entered into an agreement (or will do so) to perform the general construction work for this project, and to whom this Procurement Contract will be assigned by the Owner." SC -2. PRELIMINARY MATTERS. Add the following paragraph to Article 2 of the General Conditions: 2.8. Counterparts of the Agreement. Engineer shall furnish to Supplier copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, insert executed copies of the required Bond and power of attorney, and submit all copies to Owner. The date of contract on the Agreement and Bond forms shall be left blank for filling in by Owner. The certification date on the power of attorney also shall be left blank for filling in by Owner. Owner shall execute all copies, insert the date of contract on the Agreement, Bonds, and power of attorney, and return all copies to Engineer for review and distribution. Distribution of signed copies shall be one copy each to Owner, Supplier, Surety, and Engineer. SC -3. CORRELATION, INTERPRETATION. AND INTENT OF CONTRACT DOCUMENTS. Add the following paragraph to Article 3 of the General Conditions: 3.3. Specifications. The Specifications which govern the materials and equipment to be furnished and the Work to be performed under this Contract are listed in the Table of Contents at the beginning of this volume. SC -4. BONDS. Delete Paragraph 3.7 of the General Conditions and replace with the following: 4.1. Sureties and Insurers; Certificates of Insurance. All Bonds and insurance required by the Contract Documents shall be obtained from Surety or insurance companies that are duly licensed or authorizedto issue Bonds or insurance policies for the limits and coverages required in the jurisdiction in which the Project is located. Supplier shall deliver to Owner and Engineer, prior to the start of any Work at the project site, properly completed forms included in the Contract 61 Documents, as evidence that the required insurance is in full force and effect. 4.2. Procurement Performance Bond. Supplier shall furnish Procurement Performance Bond, in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all Supplier's obligations under the Contract Documents and shall be executed by Sureties included in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 by the Audit Staff Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. If the Surety on any Bond furnished by Supplier is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of the preceding paragraph, Supplier shall within 10 days thereafter substitute another Bond and Surety, both of which must be acceptable to Owner. 4.3. Insurance. Supplier shall secure and maintain transportation insurance in the amounts necessary to protect himself and the interests of Owner against all hazards or risks of Toss as hereinafter specified. The form and limits of the insurance, together with the underwriter thereof, shall be acceptable to Owner, but regardless of such acceptance, it shall be the responsibility of Supplier to maintain adequate coverage and shall not relieve Supplier of any contractual responsibility or obligation. 4.3.1. Transportation. Transportation insurance shall be of the "all risk" type and shall protect Supplier, Owner, and Engineer from all insurable risks of physical Toss or damage to equipment and materials in transit to the designated location. The coverage amount shall be Tess than the full value of items exposed to risk transit at any one time. Transportation insurance shall provide for losses to be payable to Supplier and Owner as their interests may appear and shall contain a waiver of subrogation rights against the insured parties. For insurance purposes, title to equipment and materials shall remain with Supplier until equipment and materials are delivered to the Owner at the designated location. Supplier shall submit a copy of the transportation insurance policy to the Owner at least 30 days before the scheduled shipping date. The policy shall quote the insuring agreement, shall list all exclusions, and shall state that 15 days written notice will be given to Owner before policy is changed or cancelled. SC -5. SUPPLIER'S RESPONSIBILITIES. SC -5.4. Patent Fees and Royalties. As provided in the General Conditions, Supplier shall pay all license fees and royalties. SC -5.9. Assignment of Procurement Contracts. Add the following new paragraph to Article 5 of the General Conditions: 62 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5.9 Following award of the Construction Contract, which includes installation of equipment to be furnished under the provisions of these Procurement Documents, Owner will assign all or part of this Procurement Contract to the Contractor. Upon acceptance by the Contractor, all duties, responsibilities, and obligations of Owner for the assigned portions of this Procurement Contract will be assumed by the Contractor. Supplier, and all those who claim under or through Supplier, will be limited in claims, rights, and with the provisions for the assignment of the Procurement Contract on the Surety's Agreement to Assignment form provided with the Contract Documents. SC -6. WORK BY OTHERS. Supplier shall coordinate delivery, installation, and startup and testing with the General Contractor. SC -7. OWNER'S RESPONSIBILITIES. No modifications. SC -8. ENGINEER'S STATUS. No modifications. SC -9. CHANGES IN THE WORK. No modifications. SC -10. CHANGE OF CONTRACT PRICE. No modifications. SC -11. CHANGE OF CONTRACT TIMES. No modifications. SC -12. WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION OR ACCEPTANCE OF DEFECTIVE WORK. No modifications. SC -13. PAYMENTS AND COMPLETION. No modifications. SC -14. DELAY OR CANCELLATION OF WORK AND TERMINATION. No modifications. SC -15. ARBITRATION. No modifications. SC -16. MISCELLANEOUS. Add the following new paragraph to Article 16 of the General Conditions: 16.7 Whenever an item of material of equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specifications 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 or no substitution is permitted, other items of material or equipment or material of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or -Equal Items: If in the Engineer's sole discretion an item of material or equipment proposed by Supplier 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, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute item. For the purposes of this article (16.7), a proposed item of material or equipment will be considered functionally iequal to an item so named if: 63 a. in the exercise of reasonable judgment Engineer determines that: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed item as functioning whole and; b. Supplier certifies that: (i) there is no increase in cost to the Owner; and (ii) it will conform substantially, even with deviation, to the detailed requirements of the item named in the Contract Documents. 64 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 65 City of Yakima. Washington Wastewater Treatment Plant Dual Fuel: Natural Gas and Digester Gas Hot Water Boilers Procurement Package SPECIFICATIONS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Section 01015 PROJECT REQUIREMENTS 1. GENERAL DESCRIPTION OF WORK. The Work to be performed at the City of Yakima, WA WWTP under these Contract Documents is generally described as follows: Furnish and deliver two (2) hot water boilers and all accessories as described in section 11310. Supplier's field services for equipment start up and operator training shall also be included as a part of this contract. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2011 Yakima WWTP Duel Fuel: Digester Gas and Natural Gas Hot Water Boilers Procurement Package 2. OTHER CONSTRUCTION CONTRACTS. Work at the site performed by others under separate contracts is as follows: Installation of procured equipment and associated appurtenances. 3. COORDINATION. Supplier shall plan, schedule, and coordinate its operations in a manner which will facilitate the simultaneous progress of the Work under other sections of this Contract and work included under other contracts outside the scope of these Contract Documents. 4. PREPARATION FOR SHIPMENT. All materials shall be suitably packaged to facilitate handling and protect against damage during transit and storage. Painted surfaces shall be protected against impact, abrasion, discoloration, and other damage. All painted surfaces which are damaged prior to acceptance of equipment shall be repainted to the satisfaction of Engineer. Each item, package, or bundle of material shall be tagged or marked as identified in the delivery schedule or on the Shop Drawings. Complete packing lists and bills of material shall be included with each _shipment. 5.DELIVERY AND HANDLING OF ITEMS FURNISHED TO OWNER. The Contractor shall be responsible for inspecting and inventorying the delivered equipment and materials upon receipt at the Work Site. To that end, the Supplier shall provide the services of competent personnel at the time of delivery to assist and advise the Contractor with the inventory and verification, to the mutual satisfaction of both parties and the Owner. Supplier shall provide to the Contractor copies of all bills of lading and other documents necessary for the inventory. Supplier shall cooperate with the Contractor during the unloading and inventory activities, so that agreement can be reached. In the event of disagreement, the Owner shall be notified. 67 6. TIME OF DELIVERY. All materials and equipment furnished under this Contract shall be ready for shipment according to the Contractor Schedule. The Supplier shall not ship materials and equipment until receipt of written authorization from the Contractor. The Supplier shall coordinate delivery with the Contractor. The Owner, Engineer, and Contractor shall be kept informed of all shipping dates in advance of shipments by Supplier. The Supplier shall notify Owner, Engineer, and Contractor of the anticipated shipping and delivery dates at least 10 days prior to shipping. Any change in Supplier's shipping and delivery schedule shall also require the transportation carrier to give Engineer and Contractor not less than 24 hours' notice by telephone of the anticipated hours of delivery. Packing lists shall accompany all equipment shipped. Two copies of all packing lists shall be forwarded to the Engineer prior to the date of shipment of equipment and material. All items shall be identified with the Owner's contract number and such other pertinent descriptive information as required, by tagging, stenciling, or other suitable methods prior to shipment. 7. REFERENCE STANDARDS. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, or laws or regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provision of any referenced standard, specification, manual, or code {whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of Owner, Supplier, or Engineer, or any of their consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to Engineer, or any of Engineer's consultants, agents, or employees, any duty or authority to supervise or direct the furnishing or performance of the Work. 8. SUBSTITUTES AND "OR -EQUAL" ITEMS. Whenever a material or article is specified or described by using the name of a proprietary product or the name of a particular manufacturer or vendor, the specified item shall be understood as establishing the type, function, and quality desired. Requests for review of equivalency will not be accepted from anyone except Supplier, and such requests will not be considered until after the Contract has been awarded. Other manufacturers' products may be accepted, provided sufficient information is submitted to allow Engineer to determine that the products proposed are equivalent to those named. Such items shall be submitted for review by the procedure set forth in the Submittals section. End of Section 68 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Section 01070 ABBREVIATIONS OF TERMS AND ORGANIZATIONS . LIST OF ABBREVIATIONS. Abbreviations for standards and organizations used in the Contract Documents are defined as follows: AA Aluminum Association AABC Associated Air Balance Council AAMA Architectural Aluminum Manufacturers Association AASHTO American Association of State Highway and Transportation Officials ABMA American Boiler Manufacturers Association ACI American Concrete Institute ACPA American Concrete Pipe Association AEIC Association of Edison Illuminating Companies AFBMA Antifriction Bearing Manufacturers Association AFPA American Forest & Paper Association AGA American Gas Association AG MA American Gear Manufacturers Association AHA American Hardboard Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction AMCA Air Moving and Conditioning Association ANSI American National Standards Institute APA American Plywood Association API American Petroleum Institute AREMA American Railway Engineers and Maintenance -of -Way Association ARI American Refrigeration Institute ASAHC American Society of Architectural Hardware Consultants ASCE American Society of Civil Engineers ASHRAE American Society of Heating, Refrigerating, and Air - Conditioning Engineers ASME American Society of Mechanical Engineers ASSE American Society of Sanitary Engineers ASTM American Society for Testing and Materials AVATI See RTI AWG American Wire Gage AWI Architectural Woodwork Institute AW PA American Wood -Preservers' Association AWPB American Wood Preservers Bureau AWS American Welding Society 69 AWWA American Water Works Association BHMA Builders Hardware Manufacturers Association BIA Brick Institute of America (formerly SCPI) CDA Copper Development Association CISPI Cast Iron Soil Pipe Institute CMAA Crane Manufacturers. Association of America CRA California Redwood Association CRSI Concrete Reinforcing Steel Institute CS Commercial Standard (U.S. Department of Commerce) DHI DIPRA Door and Hardware Institute Ductile Iron Pipe Research Association EEI Edison Electric Institute EJCDC Engineers' Joint Contract Documents Committee EPA Environmental Protection Agency Fed Spec Federal Specification FC1 Fluid Controls Institute FGMA Flat. Glass Marketing Association FHWA Federal Highway Administration FIA Factory Insurance Association FM Factory Mutual FSA Fluid Sealing Association FTI Facing Tile Institute HEI Heat Exchange institute HMI Hoist Manufacturers institute HPMA Hardwood Plywood Manufacturers Association HTI Hand Tools Institute I -B -R Institute of Boiler and Radiator Manufacturers IEEE Institute of Electrical and Electronics Engineers IBC International Building Code IES Illuminating Engineering Society IFI Industrial Fasteners Institute IPCEA Insulated Power Cable Engineers Association IRI Industrial Risk Insurers ISA Instrumentation, Systems, and Automation Society MHI Materials Handling Institute MIL Military Specification MMA Monorail Manufacturers Association MSS NAAMM Manufacturers Standardization Society of Valve and Fitting Industry National Association of Architectural Metals Manufacturers 70 1 1 NACE NACE International NBHA National Builders Hardware Association NBBPVI National Board of Boiler and Pressure Vessel Inspectors NBS See NIST NCSPA National Corrugated Steel Pipe Association NEBB National Environmental Balancing Bureau NEC National Electrical Code NECA National Electrical. Contractors Association NEMA National Electrical Manufacturers Association NAMI National Elevator Manufacturing Industry NFPA National Fire Protection Association NIST National Institute of Standards and Technology (formerly NBS) NLA National Lime Association NPC National Plumbing Code NPT National Pipe Thread NRMCA National Ready Mixed Concrete Association NSC National Safety Council NSF NSF International (formerly National Sanitation Foundation) NTMA National Terrazzo and Mosaic Association NWMA National Woodwork Manufacturers Association OSHA Occupational Safety and Health Administration PCA Portland Cement Association PCI Prestressed Concrete Institute PS Product Standard RIS Redwood Inspection Service RTI Resilient Tile Institute (formerly AVATI) SAE Society of Automotive Engineers SCPRF Structural Clay Products Research Foundation SDI Steel Door institute SFPA Southern Forest Products Association SI Systems International des Unites (International System of Units) SIGMA Sealed Insulating Glass Manufacturers Association SJI Steel Joist institute SMA Screen Manufacturers Association 71 SMACNA Sheet Metal and Air Conditioning Contractors National Association SPFA Steel Plate Fabricators Association SPI Society of the Plastics Industry SPTA Southern Pressure Treaters Association SSI Scaffolding and Shoring Institute SSPC The Society for Protective Coatings UL Underwriters' Laboratories USBR U.S. Bureau of Reclamation WEF Water Environment Federation End of Section 72 Section 01300 SUBMITTALS 1- SHOP DRAWINGS AND ENGINEERING DATA. 1.01. General. Shop Drawings and engineering data (submittals) covering all equipment and materials which will become a permanent part of the Work under this Contract shall be submitted to Engineer for review, at the Engineer's address given in the Agreement. Submittals shall verify compliance with the Contract Documents, and shall include drawings and descriptive information in sufficient detail to show the kind, size, arrangement, and operation of component materials and devices; the external connections, anchorages, and supports required; performance characteristics; and dimensions needed for installation and correlation with other materials and equipment. When an item consists of components from several sources, Supplier shallsubmit a complete initial submittal including all components. All submittals, regardless of origin, shall be stamped with the approval of Supplier and identified with the name and number of this Contract, Supplier's name, and references to applicable specification paragraphs and Contract Drawings. Each submittal shall indicate the intended use of the item in the Work. When catalog pages are submitted, applicable items shall be clearly identified and inapplicable data crossed out. The current revision, issue number, and date shall be indicated on all drawings and other descriptive data. Supplier shall be solely responsible for the completeness of each submission. Supplier's stamp of approval is a representation to Owner and Engineer that Supplier accepts sole responsibility for determining and verifying all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that Supplier has reviewed and coordinated each submittal with the requirements of the Work and the Contract Documents. All deviations from the Contract Documents shall be identified as deviations on each submittal and shall be tabulated in Supplier's letter of transmittal. Such submittals shall, as pertinent to the deviation, indicate essential details of all changes proposed by Supplier (including modifications to other facilities that may be a result of the deviation) and all required piping and wiring diagrams. Five copies of each shop drawing submittal and other necessary data shall be submitted to Engineer. Engineer will return two marked copies (or one marked reproducible copy) to Supplier. Facsimile (fax) copies will not be acceptable. Engineer will not accept submittals from anyone but Supplier. Submittals shall be consecutively numbered in direct sequence of submittal and without division by subcontracts or trades. 1.02. Engineer's Review of Submittals. Unless otherwise indicated, Engineer's submittal review period shall be 14 consecutive calendar days in length and shall commence on the first calendar day immediately following the date of arrival of the submittal or re -submittal in Engineer's office. The time required to return the submittal or re -submittal back to Supplier shall not be considered a part of the submittal review 73 1 period. 1 Drawings will be marked with Engineer's review code and returned for appropriate action by Supplier as follows: A. NO EXCEPTIONS NOTED - Supplier is released for manufacturing, and no additional copies need be furnished unless requested byEngineer at time of review. B. EXCEPTIONS NOTED - Supplier may proceed with manufacture at his own risk on the basis of incorporating all comments noted on the returned drawings and data, and shall revise, and resubmit drawings within 14 consecutive calendar days after the date of the return submittals to Supplier. C. RETURNED FOR CORRECTION - Supplier shall not proceed with manufacture and shall revise and resubmit to Engineer within 14 consecutive calendar days of the date of return of submittal to the Supplier. D. RECORD COPY - Drawings are for record only and are not subject to review; Supplier is released for manufacture. No additional copies are required unless requested by Engineer at time of review. 1.03. Resubmittal of Drawings and Data. Supplier shall accept full responsibility for the completeness of each resubmittal. Supplier shall verify that all corrected data and additional information previously requested by Engineer are provided on the resubmittal. When corrected copies are resubmitted, Supplier shall in writing direct specific attention to all revisions and shall list separately any revisions made other than those called for by Engineer on previous submissions. Requirements specified for initial submittals shall also apply to resubmittals. Resubmittals shall bear the number of the first submittal followed by a letter(A, B, etc.) to indicate the sequence of the resubmittal. If more than one resubmission is required because of failure of Supplier to provide all previously requested corrected data or additional information, Supplier shall reimburse Owner for the charges of Engineer for review of the additional resubmissions. This does not include initial submittal data such as shop tests and field tests which are submitted after initial submittal. Resubmittals shall be made within 14 days of the date of the letter returning the material to be modified or corrected, unless within 14 days Supplier submits an acceptable request for an extension of the stipulated time period, listing the reasons the resubmittal cannot be completed within that time. Any need for more than one resubmission, or any other delay in obtaining Engineer's review of submittals, will not entitle Supplier to extension of the Contract Times unless delay of the Work is directly caused by a change in the Work authorized by a Change Order or by failure of Engineer to review any submittal within the submittal review period specified herein and to return the submittal to Supplier. 74 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2. OPERATION AND MAINTENANCE DATA AND MANUALS. Adequate operation and maintenance information shall be supplied for all equipment requiring maintenance or other attention. The equipment Supplier shall prepare an operation and maintenance manual for each type of equipment indicated in the equipment schedule section. Parts lists and operating and maintenance instructions shall be furnished for other equipment not listed in the equipment Operation and maintenance manuals shall include the following: a. Equipment function, normal operating characteristics, and limiting conditions. b. Assembly, installation, alignment, adjustment, and checking instructions. c. Operating instructions for startup, routine and normal operation, regulation and control, shutdown, and emergency conditions. d. Lubrication and maintenance instructions. Guide to troubleshooting. f. Parts lists and predicted life of parts subject to wear. Outline, cross-section, and assembly drawings; engineering data; and wiring diagrams. h. Test data and performance curves, where applicable. The operation and maintenance manuals shall be in addition to any instructions or parts lists packed with or attached to the equipment when delivered, or which may be required by Supplier. Four preliminary copies of operation and maintenance manuals shall be submitted to Owner within 10 working days after shipment of the equipment. Preliminary copies shall be in hardcopy format. One preliminary copy with comments will be returned to Supplier. Four final hardcopies of operation and maintenance manuals shall be delivered to Owner not later than 30 consecutive calendar days after receiving the preliminary (review) copy from Owner. Four electronic copies of operation and maintenance manuals shall be delivered to Owner with the final hardcopies.. 3. HARDCOPIES. Shop drawing submittals and O&M manuals shall be submitted in hardcopy format in the quantities specified herein. Hardcopies shall be temporarily bound in heavy paper covers bearing suitable identification. All manuals and other data shall be printed on heavy, first quality 8-1/2 by 11 inch paper, with standard three -hole punching. Drawings and diagrams shall be reduced to 8-1/2 by 11 inches or 11 by 17 inches. Where reduction is not practicable, larger drawings shall be folded separately and placed in envelopes, which are bound into the manuals. Each envelope shall bear suitable identification on the outside. A table of contents and index tabs shall be 75 furnished for all volumes containing data for three or more items of equipment. The final hardcopy of each manual shall be prepared and delivered in substantial, permanent, three-ring or three -post binders with a table of contents and suitable index tabs. All material shall be marked with project identification, and inapplicable information shall be marked out or deleted. Shipment of equipment will not be considered complete until all required manuals and data have been received. 4. ELECTRONIC COPIES. Shop drawing submittals and O&M manuals shall be submitted in electronic format in the quantities specified herein. Provide electronic documents on CD -R media. The CD -R media shall be authored in a single, closed session using DAO (disc - at -once) mode with at least an ISO 9660 file system. {A JOLIET file system may also be provided.) The intent of this requirement is that the CD -R will be readable on any system with a CD-ROM drive that can read CD -R media and with an operating system that can read a standard pressed CD-ROM. No installation of additional drivers shall be required. The CD -R shall be placed in a 4 or 2 disc half binder page constructed to fit in standard 3 ring binders. For the purposes of this section, the following items shall be used to designate the type of electronic data required: [PDF / scanned]: A PDF created from data scanned from a network scanner, digital copier / scanner or similar equipment with at least grayscale and at least 300 dpi resolution. Alternatively, a PDF created from a computer application via "printing to PDF" or direct composition. (PDF creation by third parties is acceptable.) PDF files greater than 50 MB shall be split until each piece is less than 50 MB. [PDF]: A PDF created from a computer application via "printing to PDF" or direct composition. (PDF creation by third parties is acceptable.) [Tab Delimited File]: An ASCII or UTF-8 file composed of a series of records separated with new line and / or carriage return control characters with each record contain field separated with tab control characters. (No field will include tab, new line, or carnage return control characters.) This type of file can be manipulated and produced in spreadsheet programs such asMicrosoft® Office Excel. In addition this type of file can be viewed and edited in a standard text editor. [Proprietary File Format]: Electronic data or configuration file that, in general, is intended to only be used by a specific application. Provide the following information with the drawings and data submittal: [PDF / scanned] An electronic copy of all of the drawings and data submittal elements not listed below [PDF] Electronic copies of the following elements of the drawing and data submittal: Operation and maintenance manuals Logic diagrams and / or logic description narratives PLC program documentation and I/O list 76 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 [Tab Delimited File] Each record shall contain a variable that is intended to be viewed and/or modified by the HMI (Human Machine Interface). The following fields shall be included in each record: 1. The name of the variable as referenced in the vendor supplied narrative 2. The name of the variable as it appears in the PLC code 3. The name of the variable as it appears in the OIT (if applicable) 4. A description of the variable as per the control description. (The description shall be limited to 50 characters. For discrete variables, the description shall be of the state when the discrete is on / high / closed.) 5. The PLC address of the variable. For bits packed into Words, include the bit offsets. Some PLC architectures (such as Allen Bradley SLCs) have standard notations to denote these offsets. Use the standard notations if available. Otherwise, provide documentation indicating how the offsets are calculated. 6. The data type. Acceptable types shall be Booleans, signed 16 bit integers, unsigned 16 bit integers, and signed 32 bit integers. Unsigned 32 bit integers and floating point (real) values may also be used but are not preferred. 7. Range of raw units in the PLC (for integers) 8. Engineering Units (as intended for display in the HMI) 9. The value in engineeringunits for the minimum raw value and the value in engineering units for the maximum raw value (Specifically note if the conversion from raw units to engineering units is not linear.) 10. Whether the tag name is intended to be read-only. (This should be clear from the description, however.) 11 .A cross-reference to the relevant section(s) of the logic description narratives [Proprietary File Format]: Commented source code for PLCs, operator interfaces, and similar equipment. The commented source code shall be provided in a form that can be read by the latest version of the PLC or OIT programming / configuration software. All used variables (tagnames) shall include a description. The source code shall be the actual code used for the project and shall be capable of being directly downloaded without requiring configuration changes to the PLC address, I/O module assignments, or similar. For the drawings and data submittal, the electronic document may be provided electronically by providing the Engineer with a URL to an ISO image of the CD. In this case, the ISO image must be capable of being burned to CD -R using standard CD authoring software and be capable of being opened with utilities such as Winlmage or IsoBuster. The URL must\ point to a server with bandwidth suitable to download the image within 60 minutes and the download must be restartable. Otherwise, provide a copy of the electronic submittalwith each copy of the drawings and data submittal in the half binder page holders described above. Provide the following information with the Operation and Maintenance manuals: All of the information included with the drawings and data submittal with revisions to reflect the equipment and programs actually supplied. [PDF / scanned] An electronic copy of all of the Operation and Maintenance manuals submittal elements not listed below [PDF] Electronic copies of the following elements of the 77 Operation and Maintenance manuals: Contact information [PDF] The latest PDF versions of manuals for Installation and Programming the PLC, OIT, and similar equipment. Provide a copy of the electronic submittal with each copy of the Operation and Maintenance manuals in the half binder page holders described above. End of Section 78 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Section 01610 GENERAL EQUIPMENT STIPULATIONS 1 SCOPE. The equipment specified in these Contract Documents shall conform to the general stipulations set forth in this section, except as otherwise specified in other sections. 2. SUPPLIER'S EXPERIENCE. Unless specifically named in the Specifications, the Supplier shall have furnished equipment of the type and size specified which has been in successfuloperation in North America waste water treatment plant applications for not Tess than the past 5 years. 3. WORKMANSHIP AND MATERIALS. Supplier shall guarantee all equipment against faulty or inadequate design, improper assembly or erection, defective workmanship or materials, and leakage, breakage, or other failure. Materials shall be suitable for service conditions. All equipment shall be designed, fabricated, and assembled in accordance with recognized and acceptable engineering and shop practice. Individual parts shall be manufactured to standard sizes and thicknesses so that repair parts, furnished at any time, can be installed in the field. Like parts of duplicate units shall be interchangeable. Equipment shall not have been in service at any time prior to delivery, except as required by tests. Except where otherwise specified, structural and miscellaneous fabricated steel used in equipment shall conform to AISC standards. All structural members shall be designed for shock or vibratory loads. Unless otherwise specified, all steel which will be submerged, all or in part, during normal operation of the equipment shall be at least 1/4 inch thick. When dissimilar metal components are used, consideration shall be given to prevention of galvanic corrosion. 4. LUBRICATION. Equipment shall be adequately lubricated by systems which require attention no more frequently than weekly during continuous operation. Lubrication systems shall not require attention during startup or shutdown and shall not waste lubricants. Lubricants of the types recommended by the equipment manufacturer shall be provided in sufficient quantities to fill all lubricant reservoirs and to replace all consumption during testing, startup, and operation prior to acceptance of equipment by Owner. Lubrication facilities shall be convenient and accessible. Oil drains and fill openings shall be easily accessible from the normal operating area or platform. Drains shall allow for convenient collection of waste oil in containers from the normal operating area or platform without removing the unit from its normal installed position. 5. ELEVATION. The elevation of the site shall be as indicated in the respective equipment specification sections. All equipment furnished shall be designed to meet stipulated conditions and to operate satisfactorily at the specified elevation. 6. ELECTRIC MOTORS. Motors furnished with equipment shall meet the requirements 79 1 specified in the specific equipment sections. 7. DRIVE UNITS. The nominal input horsepower [kW] rating of each gear or speed reducer shall be at least equal to the nameplate horsepower [kW] of the drive motor. Drive units shall be designed for 24 hour continuous service. 7.01. Gearmotors. The use of gearmotors will not be acceptable. 7.02. Gear Reducers. Each gear reducer shall be a totally enclosed unit with oil or grease lubricated, rolling element, antifriction bearings throughout. Helical, spiral bevel, combination bevel -helical, and worm gear reducers shall have a service factor of at least 1.50 based on the nameplate horsepower [kW] of the drive motor. Cycloidal gear reducers shall have a service factor of at least 2.0 based on the nameplate horsepower [kW] of the drive motor. Shaft -mounted and flange -mounted gear reducers shall be rated AGMA Class II. Helical gear reducers shall have a gear strength rating to catalog rating of 1.5. Each gear reducer shall be designed and manufactured in compliance with applicable AGMA standards. The thermal horsepower [kW] rating of each unit shall equal or exceed the nameplate horsepower [kW] of the drive motor. During continuous operation, the maximum sump oil temperature shall not rise more than 100°F above the ambient air temperature in the vicinity of the unit and shall not exceed 200°F. Each grease lubricated bearing shall be installed in a bearing housing designed to facilitate periodic regreasing of the bearing by means of a manually operated grease gun. Each bearing housing shall be designed to evenly distribute new grease, to properly dispose of old grease, and to prevent overgreasing of the bearing. The use of permanently sealed, grease lubricated bearings will not be acceptable. An internal or external oil pump and appurtenances shall be provided if required to properly lubricate oil lubricated bearings. A dipstick or a sight glass arranged to permit visual inspection of lubricant level shall be provided on each unit. Gear reducers which require the removal of parts or the periodic disassembly of the unit for cleaning and manual regreasing of bearings will not be acceptable. Certification shall be furnished by the gear reducer manufacturer indicating that the intended application of each unit has been reviewed in detail by the manufacturer and that the unit provided is fully compatible with the conditions of installation and service. 7.03 Adjustable Speed Drives (non -electric). Each mechanical adjustable speed drive shall have a service factor of at least 1.75 at maximum speed based on the nameplate horsepower [kW] of the drive motor. A spare belt shall be provided with each adjustable speed drive unit employing a belt for speed change. Unless specifically permitted by the detailed equipment specifications, bracket type mounting will not be acceptable for adjustablespeed drives. 7.04 V -Belt Drives. Each V -belt drive shall include a sliding base or other suitable tension adjustment. V -belt drives shall have a service factor of at least 1.75. at maximum speed based on the nameplate horsepower [kW] of the drive motor. 80 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 8. SAFETY GUARDS. All belt or chain drives, fan blades, couplings, and other moving or rotating parts shall be covered on all sides by a safety guard. Safety guards shall be fabricated from 16 USS gage thick or thicker galvanized, aluminum -clad, or stainless sheet steel or from 1/2 inch mesh galvanized expanded metal. Each guard shall be designed for easy installation and removal. All necessary supports and accessories shall be provided for each guard. Supports and accessories, including bolts, shall be galvanized. All safety guards in outdoor locations shall be designed to prevent the entrance of rain and dripping water. 9. ANCHOR BOLTS. Equipment suppliers shall furnish suitable anchor bolts for each item of equipment. Anchor bolts, together with templates or setting drawings, shall be delivered sufficiently early to permit setting the anchor bolts when the structural concrete is placed. Anchor bolts shall comply with the anchor bolts and expansion anchors section and, unless otherwise specified, shall be at least 3/4 inch in diameter. Unless otherwise indicated or specified, anchor bolts for items of equipment mounted on baseplates shall be long enough to permit 1-1/2 inches of grout beneath the baseplate and to provide adequate anchorage into structural concrete. 10. EQUIPMENT BASES. Unless otherwise indicated or specified, all equipment shall be installed on concrete bases at least 6 inches high. Cast iron or welded steel baseplates shall be provided for pumps, compressors, and other equipment. Each unit and its drive assembly shall be supported on a single baseplate of neat design. Baseplates shall have pads for anchoring all components, and adequate grout holes. Baseplates for pumps shall have a means for collecting leakage and a threaded drain connection. Baseplates shall be anchored to the concrete base with suitable anchor bolts and the space beneath filled with grout as specified in the grout section. 11. SPECIAL TOOLS AND ACCESSORIES. Equipment requiring periodic repair and adjustment shall be furnished complete with all special tools, instruments, and accessories required for proper maintenance. Equipment requiring special devices for lifting or handling shall be furnished complete with those devices. 12. SHOP PAINTING. All iron and steel surfaces of the equipment shall be protected with suitable protective coatings applied in the shop. Surfaces of the equipment that will be inaccessible after assembly shall be protected for the life of the equipment. Coatings shall be suitable for the environment where the equipment is installed. Exposed surfaces shall be finished, thoroughly cleaned, and filled as necessary to provide a smooth, uniform base for painting. Electric motors, speed reducers, starters, and other self-contained or enclosed components shall be shop primed or finished with an epoxy or polyurethane enamel or universal type primer suitable for top coating in the field with a universal primer and aliphatic polyurethane system. Surfaces to be coated after installation shall be prepared for painting as recommended by the paint manufacturer for the intended service, and then shop painted with one or more coats of a universal primer. Machined, polished, and nonferrous surfaces which are not to be painted shall be coated with rust -preventive compound as recommended by the equipment manufacturer. 13: PREPARATION FOR SHIPMENT. Equipment shall be prepared for shipment as specified in Section 01612 - Shipping. 81 14. STORAGE. Handling and storage of equipment shall be as specified in Section 01614 Handling and Storage. 15 INSTALLATION AND OPERATION. Installation and operation shall be performed by Contractor with the supervision 'and guidance of Supplier. 16. OBSERVATION OF PERFORMANCE TESTS. Where the Specifications require the presence of ENGINEER, initial tests shall be observed or witnessed by ENGINEER. OWNER shall be reimbursed by CONTRACTOR for all costs of subsequent visits by ENGINEER to witness or observe incomplete tests, retesting, or subsequent tests. 17. PROGRAMMING SOFTWARE. Programming software shall be provided for any equipment which includes a programmable logic controller (PLC), other digital controller that is user -programmable, industrial protocol gateway, industrial protocol bridge, or Machine Operator Interface (e.g., Control Panel Touchscreens). The software shall be suitable for loading and running on a laptop personal computer operating with a currently supported Microsoft Windows-based operating system. A copy of Supplier's original annotated and documented operating logic program (source code) shall be provided for use in maintaining and troubleshooting the equipment. Provide electronic configuration files in the native (or default save as) format for all devices used as part of the system on a CD ROM or USB Flash Drive. Where multiple pieces of equipment, from the same or different vendors, use the same programming software, only one copy of the software need be provided. End of Section 82 Section 01612 SHIPPING 1. SCOPE. This section covers packaging and shipping of materials and equipment. 2. PREPARATION FOR SHIPMENT. All equipment shall be suitably packaged to facilitate handling and to protect against damage during transit and storage. All equipment shall be boxed, crated, or otherwise completely enclosed and protected during shipment, handling, and storage. AH equipment shall be protected from exposure to the elements and shall be kept dry at all times. Painted and coated surfaces shall be protected against impact, abrasion, discoloration, and other damage. Painted and coated surfaces which are damaged prior to acceptance of equipment shall be repainted to the satisfaction of Engineer. Grease and lubricating oil shall be applied to all bearings and similar items. 3. SHIPPING. Before shipping each item of equipment shall be tagged or marked as identified in the delivery schedule or on the Shop Drawings. Complete packing lists and bills of material shall be included with each shipment. Date:of delivery shall be as specified in these Contract Documents and shall be coordinated with Owner and Contractor. End of Section 83 Section 01614 HANDLING AND STORAGE 1. SCOPE. This section covers delivery, storage, and handling of materials and equipment. 2. DELIVERY. Supplier shall bear the responsibility for delivery of equipment, spare parts, special tools, and materials to the jobsite and shall comply with the requirements specified herein and shall provide required information concerning the shipment and delivery of the materials specified in this Contract. These requirements also apply to any subsuppliers making direct shipments to the jobsite. Supplier shall coordinate with Contractor delivery and offloading of equipment onsite. Supplier shall, either directly or through contractual arrangements with others, accept responsibility for the safe handling and protection of the equipment and materials furnished under this Contract before and after receipt at the port of entry. Acceptance of the equipment shall be made after it is installed, tested, placed in operation and found to comply with all the specified requirements. All items shall be checked against packing lists immediately on delivery to the Worksite for damage and for shortages. Damage and shortages shall be remedied with the minimum of delay. Delivery of portions of the equipment in several individual shipments shall be subject to review of Engineer before shipment. When permitted, all such partial shipments shall be plainly marked to identify, to permit easy accumulation, and to facilitate eventual installation. Any additional costs by the Contactor associated with offloading of equipment due to multiple shipments by the Supplier shall be paid by the Supplier. The Supplier and Contractor shall each sign off on a photocopy of the packing lists agreeing that all items included on the lists have been delivered and turned over to the Contractor, who shall then be responsible for them. A photocopy of the signed packing list shall be issued to the Owner. 3. STORAGE. Upon delivery by Supplier, all equipment and materials shall immediately be stored and protected by Contractor until installed in the Work. Stacked items shallbe suitably protected from damage by spacers or load distributing supports that are safely arranged. No metalwork (miscellaneous steel shapes and reinforcing steel) shall be stored directly on the ground. Masonry products shall be handled and stored in a manner to hold breakage, chipping, cracking, and spalling to a minimum. Cement, lime, and similar products shall be stored off the ground on pallets and shall be covered and kept completely dry at all times. Pipe, fittings, and valves may be stored out of doors, but must be placed on wooden blocking. PVC pipe, geomembranes, plastic liner, and other plastic materials shall be stored off the ground on pallets and protected from direct sunlight. Pumps, motors, electrical equipment, and all equipment with antifriction or sleeve bearings shall be stored in weathertight structures maintained at a temperature above 60°F. Electrical equipment, controls, and insulation shall be protected against moisture 84 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 and water damage. All space heaters furnished in equipment shall be connected and operated continuously. Equipment with moving parts, such as gears, bearings, and seals, shall be stored fully lubricated with oil, grease, etc., unless otherwise instructed by Supplier. Supplier's storage instructions shall be carefully presented to the Contractor. When required by the equipment manufacturer, moving parts shall be rotated a minimum of twice a month to ensure proper lubrication and to avoid metal to metal "welding". Upon installation of the equipment, Contractor shall, at the discretion of Engineer and under the supervision of Supplier, start the equipment at one-half Toad for an adequate period of time to ensure that the equipment does not deteriorate from lack of use. When required by Supplier, lubricants shall be changed upon completion of installation and as frequently as required thereafter during the period between installation and acceptance. New lubricants shall be provided and put into the equipment by Supplier at the time of acceptance. Equipment and materials shall not show any pitting, rust, decay, or other deleterious effects of storage when installed in the Work. In addition to the protection specified for prolonged storage, the packaging of spare units and spare parts shall be for export packing and shall be suitable for long-term storage in a damp location. Each spare item shall be packed separately and shall be completely identified on the outside of the container. 4. HANDLING. Stored items shall be laid out to facilitate their retrieval for use in the Work. Care shall be taken by Contractor when removing the equipment for use to ensure the precise piece of equipment is removed and that it is handled in a manner that does not damage the equipment. End of Section 85 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 HOT WATER BOILERS PACKAGE TECHNICAL SPECIFICATIONS 87 SECTION 11310 DUAL FUEL: DIGESTER GAS / NATURAL GAS HOT WATER BOILERS EQUIPMENT PACKAGE PART 1 - GENERAL 1.01. SCOPE A. The work to be performed consists of providing all labor, equipment, materials, and associated field services to furnish, startup and operator training of new factory assembled, low pressure hot water boilers as described in the specifications herein. B. Quantity: Two boilers units with specified and associated ancillary equipment including remotely mounted VFDs, a local control panels, and a Boiler Control System control panel. • 1.02. REFERENCES A. ASME Section IV (Heating Boilers) B. ANSI Z21.13 (Gas Fired Low Pressure Boilers) C. ASME CSD -1 (Controls and Safety Devices) D. NFPA 54 / ANSI Z 221.3 (National Fuel Gas Code) E. FM (FACTORY MUTUAL) F. GE -GAP (Formerly Industrial Risk Insurers) G. IBC (International Building Code) H. IMC (International Mechanical Code) I. NEC (National Electrical Code) J. CSA (Canadian Standards Association — Formerly American Gas Association) 1.03. QUALITY ASSURANCE A. The equipment shall, at a minimum, be in strict compliance with the requirements of this specification and shall be the manufacturer's standard commercial product unless specified otherwise. Additional equipment features, details, accessories, appurtenances, etc. which are not specifically identified but which are a part of the manufacturer's standard commercial product, shall be included in the equipment being furnished. B. The equipment shall be of the type, design, and size that the manufacturer currently offers for sale and appears in the manufacturer's current catalog. The equipment shall be new and fabricated from new materials and shall be free from defects in materials and workmanship C. The equipment must fit within the allocated space, leaving ample allowance for maintenance and cleaning, and must leave suitable space for easy removal of all equipment appurtenances. 88 1 1 D. All units of the same classification shall be identical to the extent necessary to insure interchangeability of parts, assemblies, accessories, and spare parts wherever possible. E. In order to provide unit responsibility for the specified capacities, efficiencies, and performance, the boiler manufacturer shall certify in writing that the equipment being submitted shall perform as specified. The boiler manufacturer shall be responsible for guarantying that the boiler provides the performance as specified herein. Field wiring shall include connection to remotely mounted Combustion Air Blower VFD. 1.04. SUBMITTALS A. Shop Drawings - Shop drawings shall be submitted to the Engineer for approval and shall consist of: 1. General assembly drawing of the boiler including product description, model number, dimensions, clearances, weights, service sizes, etc. 2. Schematic flow diagram of gas valve trains. 3. Schematic wiring diagram of boiler control system of the ladder -type showing all components, all interlocks, etc. Schematic wiring diagram shall clearly identify factory wiring and field wiring. B. Manufacturer's Warranties: Manufacturer's printed warranties, as specified hereinafter, shall be submitted prior to final acceptance by the engineer. C. Manufacturer's Field Service: Manufacturer's printed field service procedures and reports, as specified hereinafter, shall be submitted prior to final acceptance by the Engineer. Report forms shall contain all information as required to do start-up and testing as specified in the products section. 1.05. CERTIFICATIONS A. Manufacturer's Certification: The boiler manufacturer shall certify the following: 1. The products and systems furnished are in strict compliance with the specifications. 2. The boiler, burner and other associated mechanical and electrical equipment have all been properly coordinated and integrated to provide a complete and operable boiler. 3. ASME certification. 4. CSA (AGA/CGA) certification. 5. The specified factory tests have been satisfactorily performed. 6. The specified field tests have been satisfactorily performed. 7. Proper installation of equipment by others. B. Contractor's Certification: The Contractor shall certify the following: 1. The products and systems installed are in strict compliance with the specifications. C. Boiler Inspectors' Certification: All boiler inspections during hydrostatic testing shall be performed by an authorized boiler inspector who is certified 89 by the National Board of Boiler and Pressure Vessel Inspectors and shall be submitted in writing prior to final acceptance by the engineer. D. Test Reports: Factory and field test reports as described above and as specified hereinafter, shall be submitted prior to final acceptance by the engineer. E. Operation and Maintenance Manuals: Manufacturer's printed operation and maintenance manuals shall be submitted prior to final acceptance by the engineer. Operation and maintenance manuals shall contain shop drawings, product data, operating instructions, cleaning procedures, replacement parts list, maintenance and repair data, complete parts list, etc. Provide an electronic version of the O&M and the electronic PLC program on CD -R or DVD -R. PART 2 - PRODUCTS 2.01. General Boiler Description A. The boilers shall be a four pass, dry -back, horizontal firetube updraft boiler with five (5) square feet of heating surface per rated boiler horsepower. It shall be mounted on a heavy steel frame with integral forced draft burner and burner controls. 1 Dual Fuel: Boilers shall be equipped to burn digester biogas or natural gas as specified herein. 2. The electrical panels shall be wired in accordance with UL standard 508 and shall bear the UL 508 label. 3. The boiler shall be completely preassembled and fire tested at the factory. The unit shall be ready for immediate mounting on floor or simple foundation and ready for attachment of water, steam, fuel, electrical, vent and drain connections. 4. The boiler shall be built to comply with the following codes and insurance: ASME CSD -1, NFPA-85, Factory Mutual (FM), GE -GAP (Formerly Industrial Risk Insurance), 5. Boiler and burner will be produced by the same manufacturer for a single source responsibility. Boiler/burner manufacturer shall guarantee performance of the boiler/burner package with respect to both efficiency and emissions. B. PRIOR APPROVAL 1. The bidder must submit in writing to the engineer any request for a proposed deviation, omission, modification, orsubstitution to this specification for evaluation no later than ten (10) days prior to the bid date. 2. A request for any substitution shall be accompanied by technical data, drawings, product samples, and complete data substantiating compliance of proposed substitution with these specifications. 90 3. No materials shall be deemed acceptable if not in strict and full compliance with these specifications. 4. All bidders must bid solely on the specified materials unless acceptance by the engineer of a deviation, omission, modification, or substitution is granted in writing to all bidders prior to the bid date. C. BOILER DESIGN 1. Boiler Shell a. The boiler shell shall be constructed in accordance with ASME Boiler Code and shall receive authorized boiler inspection prior to shipment. A copy of the inspection report shall be furnished to the purchaser. b. The hot water return and outlet connections shall be located on the top center line of the boiler. The boiler shall be designed to rapidly mix the return water with the boiler water. Forced internal circulation shall be used. c. A dip tube shall be included as an integral part of the water outlet. d. Two lifting eyes shall be located on top of the boiler. e. To facilitate access to the boiler tubesheets and minimize boiler room space requirements, boilers with shells up to 60" in diameter shall have hinged front doors and davited rear doors. For shells larger than 60" in diameter, both front and rear doors shall be davited. Doors shall be sealed with fiberglass tadpole gaskets and fastened tightly using heavy capscrews that thread into replaceable brass nuts. f. Rear refractory and insulation shall be contained in the formed door, which must swing open for inspection of brick work. g. The boiler tubes shall not include turbulators, swirlers or other add-on appurtenances. h. Front and rear tube sheets and all flues must be fully accessible for inspection and cleaning when the doors are swung open. The shell must be furnished with adequate handholes to facilitate boiler inspection and cleaning. All tubes shall be cleanable and removable from either end of the boiler. j. A manhole shall be provided. k. The exhaust gas vent shall be located near the front of the boiler on the top center line and shall be capable of supporting 2,000 lbs. A stack thermometer shall be provided. 2. Observation ports for the inspection of flame conditions shall be provided at each end of the boiler. a. Rear door observation port shall be cooled by air piped from the forced draft burner fan 91 3. The boiler insulation shall consist of a 2 inch blanket under a. sectional preformed sheet metal lagging. This insulation must be readily removable and capable of being reinstalled, if required. 4. The entire boiler base frame and other components shall be factory painted before shipment using a hand finish enamel coating. 2.02. Boiler Trim A. An automatic reset, float -type low water cutoff shall be mounted in a water column on the right side of the boiler. The water column shall include test & check valves and a manual drain valve. B. Pressure and temperature gauges shall be mounted on the boiler with temperature sensing element located adjacent to the hot water outlet. C. Water relief valves of a type and size to comply with ASME Code requirements shall be shipped loose. Relief valve pressures shall be set as indicated on the boiler schedule in the Schedule Data. D. Blend pumps shall be provided factory piped, but furnished loose for field installation between boiler supply and return connections. Boiler control panel shall be provided with blend pump power supply, time delay relay, on/off switch and interlocks to energize pump on boiler start-up and de - energize pump after an adjustable time delay of 0 — 30 minute after boiler shuts down. Blend pump shall be sized as indicated on the boiler schedule in the Schedule Data. E. Temperature controls to regulate burner operation shall be mounted on the unit with temperature sensing elements located adjacent to the hot water outlet. Controls shall be high limit (manual reset), operating limit (auto reset), and firing rate control. 2.03. Burner and Controls A. Forced draft, industrial register, dual canister burner with internal windbox shall be mounted on and integral with front head of boiler so that when the door is opened, the burner head, furnace and all tubes are exposed. B. Burner assembly shall include cast aluminum blower fan, motor, rotary air damper, fuel control valves and FGR damper. C. Burner operation shall be full modulation principle. The burner shall always return to low fire position for ignition. D. The gas pilot shall be a premix type with automatic electric ignition. An electronic detector shall monitor the pilot so that the primary gas valve cannot open until pilot flame has been established. The pilot train shalt include two manual shut-off valves, solenoid valve, pressure regulator and pressure gauge. E. Combustion Air Blower 1. Air for combustion shall be supplied by a forced draft blower mounted in the front boiler door, above the burner, to eliminate vibration and reduce noise level. 92 2. The impeller shall be cast aluminum, radial blade, carefully balanced, and directly connected to the blower motor shaft. F. The combustion air fan motor shall be controlled by a remotely mounted variable speed drive in response to a command from the fuel/air ratio controller. Combustion air damper shall be operated by a single damper control motorized operator that regulates the air at low firing rates according to load demand. G. Flue Gas Recirculation (FGR) for emissions control shall be integral to the front head burner assembly and shall require no external FGR ducting. H. Digester gas consisting of water vapor, saturated conditions (95 degrees F at ambient to a compressed heated temperature) and the following components on a dry basis of: a. Methane 58.00% b. Carbon dioxide 38.00% c. Oxygen 0.8% d. Nitrogen 3% to 5% e. Water 2% to 3% f. Hydrogen Sulfide 0.15% Net (lower) heating value of 550 to 575 BTU per cubic foot. 1. Supply pressure of digester gas to be provided at 36 inches water column and natural gas to be provided at 36 inches water column at edge of boiler skid. 2. Dual canister burner shall include separate orifice rings, each sized for its respective fuel to ensure maximum combustion efficiencies and low CO levels. The boiler shall meet the specified emission requirements while burning either gaseous fuel. 3. Provide separate Factory Mutual compliant fuel trains for each of the two fuels sized to provide adequatefuel supply at the design capacity of the boilers 4. Switching between operation on either gas fuel shall either be automatic or shall be accomplished by selecting fuel type with a boiler control panel mounted selector switch. No external or manual burner adjustments shall be required to switch operation of boiler between gas fuels. Switching between fuels may necessitate shutting down and restarting the boiler, if required. 5. Full modulating control of burner air and burner fuel with automatic return of each to idle position for boiler start-up. Individual actuators shall be provided to establish and control the position of all burner control dampers and fuel control valves. 93 Automatic electric ignition pilot with electronic pilot monitor that closes or keeps closed the main gas valve unless the pilot is established. a. Gas Burner Piping - gas burner piping on all units shall include primary gas shutoff valve, motor operated with proof of closure switch and plugged leakage test connection. The main gas valves shall be wired to close automatically in the event of power failure, flame failure, low water or any safety shutdown condition. b. High and low gas pressure switches shall be provided. A second motorized safety shutoff valve, plus an additional plugged leakage test connection shall be provided. A vent valve shall be located between the safety shutoff valves. 7. Digester Gas train meeting Factory Mutual standards with: a. Pressure regulating valve with high and low fuel pressure switches downstream of the regulating valve. Valve shall be of tight shutoff type with vent to outside atmosphere, in accordance with all local codes. b. Two corrosion resistant plug valves, two pneumatically - operated fuel shut off valves (DeZurik series PEC or equivalent), leakage test vent ahead of the main gas valve. c. An automatically controlled butterfly valve to modulate the fuel to the burner. d. Other gas train devices required by the National Fuel Gas Code and by local codes. e. Gas train size to be adequate for full flow at rated capacity based on specified digester gas heating values and inlet pressures. f. Provide gas pressure gauge to indicate gas burner manifold pressure. g. All wetted components in contact with digester gas shall be of approved materials suitable for use with digester gas. 8. Burner Turndown shall be as indicated in the boiler schedule of the Schedule Data. 2.04. SOUND LEVEL A. Sound level shall be not greater than indicated on the Boiler Schedule in the Schedule Data 2.05. EMISSION CONTROLS A. Boiler shall be equipped with a low emission (LE) option for guaranteed NOx performance at 20 ppm, dry volume basis and corrected to 3% 02 when firing natural gas. 94 B. The low emission option shall include an integral front head, burner, and boiler package, providing NOx reduction through an internal flue gas recirculation system using the combustion air fan, internal recirculation valve, and enhanced boiler design to achieve the guaranteed NOx levels. The emission control system shall not use an external fan, control valve, and piping. Boiler fuel -to -water efficiency and rated boiler capacity shall. be guaranteed while the boiler is operating at the low NOx performance levels. C. Burner, boiler, and low NOx system shall be manufactured as a package by a single manufacturer. The Low Emission Option to the CB Boiler shall include factory testing as a package, and shall bear the UL packaged label. The boiler nameplate shall include the approved UL low NOx boiler model designation. No field assembly of the burner or low NOx equipment shall be required. 2.06. BOILER CONTROLS A. Controller shall be computerized solid state having sequence and flame -on lights and digital "first out" fault code indications of flame safeguard trip functions. It shall include dynamic self -check logic. The controller shall have a fixed operating sequence incapable of being manually altered. The sequence shall include start, pre -purge, pilot and main fuel ignition run and post -purge cycles. B. Controller shall be the non -recycle type for maximum safety that shall shutdown the burner and indicate as a minimum the following trip functions: pilot and main flame failure, high and low fire proving switch faults, running interlocks open, false flame signal and fuel valve open (when proof of closure switch is furnished). C. The controller shall have a run/test switch. It shall allow interruptions to sequence just after pre -purge, during pilot ignition trial and run cycles for adjustments to firing rate motor, damper linkages and pilot flame for minimum turndown tests. D. Wiring shall be oil, heat and moisture resistant and shall be identified with circuit numbers corresponding to the electrical wiring diagram. E. All electrical equipment and wiring shall be in conformance with Underwriters Laboratories requirements. F. Boiler control panel shall include a control circuit transformer with fuse protection for the control circuit. 2.07. BOILER CONTROL & BURNER MANAGEMENT SYSTEM A. Description 1. Each unit shall be factory -equipped with a Boiler Control System 2. Each Boiler Control System shall be factory equipped with a pre- configured Programmable Controller and a 12inch color touch screen Human Machine Interface (HMI). 95 3. Boiler control system combining a digital burner management system for flame safety, and a programmable logic controller for boiler modulation and operator interface functions. 4. Flame safeguard and boiler control shall be integrated but utilize completely separate power supplies. Flame safeguard control shall be capable of operation independent of the boiler control system to conform with NFPA-85. B. Major System Components 1. Major system components shall include: a. Rockwell Automation/Allen Bradley MicroLogix or SLC 5/05 Programmable Control Processor. b. Various Controller Input/Output Modules from Rockwell/Allen Bradley or SpectrumLogix. c. 12 Inch Panel View Plus Color Touch Screen HMI. d. Local Modbus network for communications with Parallel Positioning Actuators, Burner Management Control and Variable Speed Drive e. One Burner Management Controller and Wiring Sub-Base. f. One Flame Scanner: Infrared, Ultra-Violet, or UV Self- Check. g. One Flame Amplifier, to correspond with the selected Flame Scanner. h. Various Temperature and Pressure Sensors. Alarm Bell audible notification device. C. Major functions that the Boiler Control System shall provide: 1. Automatic sequencing of the boiler through standby, pre-purge, pilot flame establishing period, main flame establishing period, run and post purge. 2. Flame proving and lockout on flame failure during pilot flame proving, main flame proving, or run. 3. Low fire damper/valve position for flame ignition trials. 4. Parallel Positioning Combustion Control for Air and two Fuels 5. Variable Speed Drive on Combustion Air Fan Blower Motor 6. 02 Trim (Air Trim) 7. Integrated Draft Control (requires external damper, low draft switch and draft transmitter) 96 8. Utilize solid state controls and sensors to provide various control functions, including: 9. Parallel Positioning Full Modulation 10. Modulating Control algorithm shall be Proportional-Integral- Derivative (PID) type. 11. Thermal Shock Protection with water temperature monitoring and set point. 12. Various High and Low limit alarms and shutdowns. 13. Touch Screen graphical operator interface and monitoring. 14. Manual control of the boiler-firing rate utilizing control screens on the HMI to increment and decrement the firing rate. 15. Interface to commission boilers combustion and other system set points 16. On screen real-time display of all connected process parameters. 17. On screen commissioning of boiler set points and configurable alarms 18. On screen display of system alarms and faults. 19. On screen low water level alarm(s) indication 20. E-mail of boiler alarms. 21. Basic Web Server (Remote Monitoring Only) 22. Building/Plant Automation System interface 23. High Stack Flue Gas Temperature Monitoring, Cut-Off and. Alarm 24. Tamper resistant control logic and password protection. 25. Dual Set Point (Night/Day Set Back) Capabilities. 26. Combustion Air Temperature 27. Return Hot Water Temperature 28. Remote Firing Rate Set Point control 29. Assured Low Fire Cut-Off (ALFCO). (Used to remote stop/start the burner) 30. 2 Boiler Lead/Lag 31. Hot Stand By 32. PLC based expanded diagnostics with 3 Auxiliary Discrete (Digital) inputs 33. Alarm Silencer via touch screen HMI D. The Boiler Control System shall provide the following safety provisions for: 97 1. Integrated Burner Management a. -Examine all load terminals to assure it is capable of recognizing the true status of the external controls, limits and interlocks. If any input fails this test, the burner management system should lockout on safety shutdown. b. Closed-loop logic test verifies integrity of safety critical loads (ignition, pilot, and main fuel valves) and must be able to lockout on safety shutdown if any safety critical load is identified as proper or improper. c. Pre-ignition interlocks (fuel valve proof of closure, etc.) and flame signal checked during Standby and Pre -Purge. d. Dynamic checking of the flame signal amplifier. The control flame signal amplifier must be able to recognize a no flame signal during this dynamic amplifier check. e. Safe start check and expand check to include monitoring flame signal during standby. f. High and Low fire switches checked for proper sequencing. g. Tamper -proof Purge Timing and safety logic. 2. Integrated Boiler Operating Controls and Security features a. Operating and Modulating Control. b. Password protection of Programmable Controller logic. c. Password protection of Parallel Positioning Set Up and Commissioning screens d. Password protection of Critical Set Point Screens 3. Emergency stop circuit a. Available terminals in control enclosure for use with interrupting emergency stop circuits. (The emergency stop shall be indicated by an open electrical circuit.) E. The Boiler Control System shall provide annunciation and diagnostics: 1. Active Alarm Annunciation 2. Provide historical alarm information for on screen display 3. Indication of failures at start up or during normal operation. 4. Capability of alarm history of date, time, cycle of occurrence and date and time of acknowledgement up to the most recent 100 faults. 5. Detects and isolates an alarm, and reports internal circuit faults. 6. Primary and Secondary Low Water Shutdown and Alarms. F. The Boiler Control System shall be able to operate in these environmental conditions. 1. Supply Voltage: 120vac (+10%/-15%) 60 Hz, 1 Phase from a 20 Amp breaker. 2. Maximum total connected load: 2000 VA. 3. Operating temperature limits: 32 to 130 F - 4. 85% RH continuous, non -condensing, humidity. 5. 0.5G continuous vibration. G. All Boiler Control System wiring shall be in accordance with the National Electrical Codes and local electrical codes. 98 H. System shall meet current NFPA-85 requirements Boiler Control System component functions shall be as follows: 1. Burner Management Controller: Provides boiler sequencing logic to meet FM/IRI/UL approval body requirements. 2. Touch Screen Graphical Interface (12 Inch Color Minimum): Provides user interface to the control system, boiler overview screen with connected boiler parameter readouts, alarm screens, optional water level indication , and system firing rate screen. 3. Local Modbus Communication Network for communication with Parallel Positioning Actuators, Burner Management System, and Variable Speed Drive 4. Various Programmable Controller Input/Output modules: Provides interface for discrete powered and/or isolated relay signals, as well as for analog signals, to and from external devices. 5. Stack Temperature Sensor: Measures and transmits a signal to the Programmable Controller in relation to boiler exit flue gas temperature for indication. Also used for high stack temperature alarm and shutdown. 6. Water Temperature Transmitter for Hot Water Boilers: Provides an analog signal to the Programmable Controller for indication of boiler water temperature. Utilized for thermal shock protection, on/off, and modulating control of the burner. 7. E -Mailing of Alarms Capabilities. a. This may be accomplished through the use of a third party device and should not be integral to the PLC or Operator Interface. Internet connection will be provided though the Owner's Ethernet Network. 8. External Control Interlock (Example: Fresh Air Damper) 9. Primary Fuel (Digester Gas) Flow measurement input. Provide a 4- 20 mA analog input scaled for 0-225 scfm from existing gas flow meter. J. The boiler controller shall include a custom program sequence as follows: 1. Upon reaching temperature setpoint while firing digester gas, the burner will be switched to natural gas and restarted. a. The shutdown on digester gas and restart on natural gas will include all standard post -purge and pre -purge sequences. 2. The burner will then operate for ten minutes or until the header temperature has reached an adjustable secondary setpoint, whichever occurs first. 99 K. Boiler Connections 1. Power connection conduits will be sized as needed. Provide termination points for the following power connections: a. Each Blower Motor shall have a motor terminal box for connection to the remote (to the Boiler skid) mounted VFD or remote (to the Boiler skid) mounted disconnect. Each blower motor shall have provisions to connect both a conduit containing VFD cable motor branch and a conduit containing a discrete switch (motor winding thermostat). b. Each Blend pump shall have a motor terminal box for connection to the remote (to the Boiler skid) MCC mounted motor starter or remote (to the Boiler skid) mounted disconnect. Each Blend pump shall have provisions to connect a conduit containing the pump motor branch circuit c. Each control panel shall have provisions for one 120 VAC, 1 phase, 60 Hz power circuit protected by a single pole, 20 Amp circuit breaker. (In other words, the control panel shall have Tess than 15 amps of Toad connected to the 120 VAC circuit including the 2000 VA of control devices.) 2. Provide provisions for communications conduit connections between both Boiler control panels and the Boiler System control panel. Also provide provisions for a communications conduit from the Boiler System control panel to the Plant SCADA system. The Owner shall provide a single Cat5e, 8P8C (RJ45 style) plug terminated Ethernet cable at the Boiler System control panel for uplink to the Plant SCADA system. All conduits (by others) will be a minimum of 1". 3. Provide provisions for signaling and I/O conduits. Conduits and existing instrumentation by others. The conduits will be at least as follows: a. Between the boiler local control panels and loose -shipped items. b. Between the boiler local control panels and the remote mounted VFDs c. Between the boiler local control panels and the remote (MCC) mounted motor starters d. Between the boiler local control panels and the boiler system control panels. e. Between the boiler system control panel and the existing or Owner provided instruments. 100 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 f. Between the boiler system control panel and the Existing Boiler Building Control Panel. 4. Provide at least the following terminals as indicated: Field Device Field Device Terminal Contact Style Decription Circuit Description Location Number of Terminals 24VDC Refernece Combustion Fan Voltage VFD Call to Run Source Only Boiler 1 1 Transistor Votage Combustion Fan Sensor VFD Call to Run Reference Only Boiler 1 1 24VDC Refernece Combustion Fan Voltage VFD Boiler 1 1 Transistor Votage Combustion`Fan Sensor VFD Enable VFD Boiler 1 1 Transistor Votage Combustion Fan External Fault (Fault on Sensor VFD Open Circuit) Boiler 1 1 Transistor Votage Combustion Fan Sensor VFD Select Remote Location Boiler 1 1 4-20 mA Current Combustion Fan Grounded Terminal for Sensor VFD Remote Speed Reference Boiler 1 3 Cable Sheilds Combustion Fan Dry Contact N.O. VFD VFD Ready Boiler 1 2 Combustion Fan Dry Contact N.O. VFD . VFD Running Boiler 1 2 Combustion Fan Grounded Terminal for RS485 VFD Communications Bus Boiler 1 4 Cable Sheilds 120VAC Reference Blend Pump Motor Voltage Starter Boiler 1 1 Blend Pump Motor 120VAC Neutral Starter Boiler 1 1 120VAC Contactor Blend Pump Motor Coil Starter Call to Run Boiler 1 1 Blend Pump Motor Dry Contact N.O. Starter Contactor Closed Boiler 1 2 Blend Pump Motor Dry Contact N.C. Starter Overload (Closed is OK) Boiler 1 2 Dry Contact Boiler Water High Temperature Limit Boiler 1 2 Coordinate N.O. or N.C. Dry Contact Boiler Water Operating Temperature Limit Boiler 1 2 Coordinate N.O. or N.C. Grounded Terminal for 4w RTD Boiler Water Temperature Transmitter Boiler 1 5 Cable Sheilds Dry Contact Boiler Water Low Water Cutout Boiler 1 2 Coordinate N.O. or N.C. 4-20 mA Current Grounded Terminal for Sensor rotary air damper positioner Boiler 1 3 Cable Sheilds Fuel Source 1 Dry Contact control valve Closed Boiler 1 2 4-20 mA Current Fuel Source 1 Grounded Terminal for Sensor control valve Positioner Boiler 1 3 Cable Sheilds Fuel Source 2 Solenoid control valve Boiler 1 2 Dry Contact Flame Detector Pilot Flame Boiler 1 5 Power to detector Dry Contact Flame Detector Main Flame Boiler 1 5 Power to detector Dry Contact Fuel Source 1 High Gas Pressure Boiler 1 2 Dry Contact Fuel Source 1 Low Gas Pressure Boiler 1 2 Dry Contact Fuel Source 2 High Gas Pressure Boiler 1 2 Dry Contact Fuel Source 2 Low Gas Pressure Boiler 1 2 Solenoid Fuel Source 1 Shutoff Valve A Boiler 1 2 Solenoid Fuel Source 2 Shutoff Valve A Boiler 1 2 Solenoid Fuel Source 1 Shutoff Valve B Boiler 1 2 101 Field Device Contact Style Solenoid 24VDC Refernece Voltage Transistor Votage Sensor 24VDC Refernece Voltage Transistor Votage Sensor Transistor Votage Sensor Transistor Votage Sensor 4-20 mA Current Sensor Dry Contact N.O. Dry Contact N.O. RS485 120VAC Reference Voltage 120VAC Neutral 120VAC Contactor Coil Dry Contact N.O. Dry Contact N.C. Dry Contact Dry Contact 4w RTD Dry Contact 4-20 mA Current Sensor Dry Contact 4-20 mA Current Sensor Solenoid Dry Contact Dry Contact Dry Contact Dry Contact Dry Contact Dry Contact Solenoid Solenoid Solenoid Solenoid Field Device Decription . Circuit Description Fuel Source 2 Shutoff Valve B Combustion Fan VFD Combustion Fan VFD Combustion Fan VFD Combustion Fan VFD Combustion Fan VFD Combustion Fan VFD Combustion Fan VFD Combustion Fan VFD Combustion Fan VFD Combustion Fan VFD Blend Pump Motor Starter Blend Pump Motor Starter Blend Pump Motor Starter Blend Pump Motor Starter Blend Pump Motor Starter Call to Run Source Only Terminal Location Number of Terminals Boiler 1 2 Boiler 2 1 Call to Run Reference Only Boiler 2 1 Boiler 2 1 Enable VFD Boiler 2 1 External Fault (Fault on Open Circuit) Boiler 2 1 Select Remote Location Remote Speed Reference VFD Ready VFD Running Communications Bus Call to Run Contactor Closed Overload (Closed is OK) Boiler Water High Temperature Limit Boiler Water Operating Temperature Limit Boiler Water Temperature Transmitter Boiler Water Low Water Cutout rotary air damper positioner Fuel Source 1 control valve Closed Fuel Source 1 control valve Fuel Source 2 control valve Flame Detector Flame Detector Fuel Source 1 High Gas Pressure Fuel Source 1 Low Gas Pressure Fuel Source 2 High Gas Pressure Fuel Source 2 Low Gas Pressure Fuel Source 1 Shutoff Valve A Fuel Source 2 Shutoff Valve A Fuel Source 1 Shutoff Valve B Fuel Source 2 Shutoff Valve B Positioner Pilot Flame Main Flame 102 Boiler 2 1 Grounded Terminal for Boiler 2 3 Cable Sheilds Boiler 2 2 Boiler 2 2 Grounded Terminal for Boiler 2 4 Cable Sheilds Boiler 2 1 Boiler 2 1 Boiler 2 1 Boiler 2 2 Boiler 2 2 Boiler 2 2 Coordinate N.O. or N.C. Boiler 2 2 Coordinate N.O. or N.C. Grounded Terminal for Boiler 2 5 Cable Sheilds Boiler 2 2 Coordinate N.O. or N.C. Grounded Terminal for Boiler 2 3 Cable Sheilds Boiler 2 2 Grounded Terminal for Boiler 2 3 Cable Sheilds Boiler 2 Boiler 2 Boiler 2 Boiler 2 Boiler 2 Boiler 2 Boiler 2 • Boiler 2 Boiler 2 Boiler 2 Boiler 2 2 5 Power to detector 5 Power to detector 2 2 2 2 2 2 2 2 L. Combustion Air Blower VFD 1. Shall be a self-contained, NEMA 12 enclosure rated for a 130 F ambient temperature. 2. Power shall be 480 VAC, 60 Hz, 3 Phase 3. Shall be able to provide power to a 5 hp continuous torque load 2.08. EFFICIENCY GUARANTEE A. The boiler manufacturer shall guarantee that, at the time of startup, the boiler will achieve fuel -to -water efficiencies as indicated on the boiler schedule data for this project. If the boiler(s) fail to achieve the corresponding guaranteed efficiency as published, the boiler manufacturer will rebate, to the ultimate boiler owner, ten thousand dollars ($10,000) for every full efficiency point (1.0%) that the actual efficiency is below the guaranteed level. B. The specified boiler efficiency is based on the following Fuel specification. 1. Natural Gas • Carbon, % (wt) 69.98 • Hydrogen, % (wt) 22.31 • Sulfur, % (wt) 0.0 • Heating value, Btu/Ib 21,830 C. Efficiencies are based on ambient air temperature of 80 °F, relative humidity of 30%, and 15% excess air in the exhaust flue gas. D. Any efficiency verification testing shall be based on the stack loss method. 2.09. OPERATING & MAINTENANCE MANUALS A. Provide two (2) Operating and Maintenance manuals including cut -away views of boiler and burner, schematics including fuel trains, general instructions for maintenance and inspections, complete spare parts lists and troubleshooting procedures. B. A wiring diagram corresponding to the boiler shall be affixed to the boiler on or near the electrical panel. 2.10. MANUFACTURER'S HELD SERVICES A. General: The boiler Supplier shall be responsible for performance of inspections, start up and testing of the packaged boiler and accessory 103 equipment and materials furnished under this Section. A detailed written record of the start up performance, including burner setting data over the entire Toad range shall be furnished to the engineer before acceptance. All labor, equipment and test apparatus shall be furnished by the supplier. All equipment defects discovered by the tests shall be rectified. The minimum time for two (2) boilers is two (2) days. B. Equipment inspection: Supplier shall provide four (4) hours of jobsite assistance to inspect boilers and other equipment upon arrival, verifying completeness of equipment supplied and potential damages. All shipped loose components, such as casing, to be mounted on boiler by boiler Supplier after Contractor has set boiler in building. Responsibility of making freight claims shall be with the Supplier. C. Pre start-up walk through: Boiler representative shall provide four (4) hours atjobsite reviewing installation with Contractor. This walk-through to be conducted approximately 1 week prior to startup. D. Start-up shall be conducted by experienced and factory authorized technician in the regular employment of the boiler supplier, and shall include the following: 1. Demonstrate that boiler, burner, controls and accessories comply with requirements of this Section as proposed by the boiler and accessories supplier. Pre-test all items prior to scheduling the final testing that will be witnessed by the test engineer. 2. Readings at different firing rates (20, 50, 75 and 100%) of Toad for the modulating burner shall be taken with a written report of the tests submitted to the engineer. The reports shall include readings for each firing rate tested and shall include stack temperatures, 02, CO, NOx, and overall boiler efficiency. 3. Auxiliary Equipment and Accessories: Observe and check all valves, draft fans and electric motors, as well as other accessories and appurtenant equipment during the operational and capacity tests for leakage, malfunctions, defects, and non-compliance with referenced standards or overloading as applicable. 4. Commissioning Requirements: a. Fireside inspection b. Set up fuel train and combustion air system c. Set up operating set points d. Check all safeties, including: Flame safeguard, LWCO, ALWCO, Air flow, Fuel pressures, High limits. e. Set up and verify efficiencies at 20%, 50%, 75%, and 100% f. Set up and verify burner turndown. E. Training to include all safety procedures, maintenance procedures, control operations, and diagnostic procedures. Training to be provided in a single four-hour continuous session to accommodate operator's availability on site. Supplier shall authorize Owner to videotape training sessions. 104 1 1 2.11. WARRANTY DATA A. All equipment is to be guaranteed against defects in materials and/or workmanship for a period of 12 months from date of start-up or 18 months from date of shipment, whichever comes first. 1 PART 3 - EXECUTION 1 3.01. GENERAL A. Installation shall be provided by othersusing the manufacturer's printed installation, operation and maintenance instructions as well as the requirements of the codes specified hereinbefore. 1 3.02. DELIVERY, STORAGE, AND HANDLING A. The manufacturer shall be responsible for the timely delivery of the 1 equipment to the jobsite. The Contractor shall be responsible for unloading and rigging of the equipment. 1 3.03. FIELD TESTING A. After the equipment has been installed, the manufacturer's representative ' shall test all boiler and burner interlocks, actuators, valves, controllers, gauges, thermometers, pilot lights, switches, etc. Any malfunctioning component shall be replaced. B. All adjustments to boiler, burner, and boiler control system shall be performed by the manufacturer's representative. 1 3.04. START-UP, INSTRUCTION AND WARRANTY SERVICE ' A. The manufacturer's representative shall provide start-up and instruction of each new boiler, including burner and boiler control system as specified herein. Start-up and instruction shall cover all components assembled and 1 furnished by the manufacturer whether or not of his own manufacture. ' 3.05. VALUES TO SENT TOOWNER'S SCADA NETWORK A. Make the following data points available to the Owner's SCADA network ' allowing the methods described below: 1. Current Sequence Number 2. Status feedback and alarms from the following devices a. Flame Sensor(s) b. Flame Scanner c. Low Fire Damper/valve position 1 1 105 d. Parallel Positioning Combustion Control for Air and two Fuels Valve position e. Variable Speed Drives for Combustion Air Fan Blower Motor f. Low Water alarm g. Interlock status(es) Scaled to integer and scaled to float values a. Flue Gas temperature b. Water temperature c. 02 Trim d. Combustion Air Temperature e. Stack Temperature f. Primary Fuel Flow g. Secondary Fuel Flow h. Combustion Air Flow 3.06. METHOD OF SCADA COMMUNICATION TO THE OWNER'S SCADA NETWORK B. The data to read by the plant SCADA system shall be encoded into registers ordered as noted below in the following table: Data .: °"`:", Type Communications Sequence Number 16 bit Integer Analog No. 1 (Feedback) Analogs (Read /Write) Analog No. 2 (Feedback) Analog No. 3 (Feedback) Analog No. 4 (Feedback) Discrete No. 1 (Feedback) Discrete values packed into Integers (Read / Write) Discrete No. 2 (Feedback) Discrete No. 3 (Feedback) Discrete No. 4 (Feedback) Communications Stalled Alarm Discrete values packed into Integers (For the Plant SCADA System) Status Discrete No. 1 Status Discrete No. 2 Status Discrete No. 3 Status Analog No. 1 (Feedback) Analogs. (For the Plant SCADA System) Status Analog No. 2 (Feedback) Status Analog No. 3 (Feedback) Status Analog No. 4 (Feedback) C. The data shall be placed into consecutive integers. 1. The data shall be placed in consecutive N (integer type) data files of no more than 200 elements. 106 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 2. Discrete values shall be packed into integers and represented in contiguous memory location (or registers). 3. If used, floating point values (reals) shall be placed into the registers by copying the bit pattern into the integers. (For example, one single precision float would be copied into the 4 bytes of two consecutive 16 bit integers.) D. The data to written by the plant SCADA system shall be encoded into registers ordered as noted below in the following table: Data":.. Type Analog No. 1 Analogs (Read / Write) Analog No. 2 Analog No. 3 Analog No. 4 Discrete No. 1 Discrete values packed into Integers (Read / Write) Discrete No. 2 Discrete No. 3 Discrete No. 4 Acknowledge Alarms Discrete values packed into Integers (From the Plant SCADA System) Write Only Discrete No. 1 Write Only Discrete No. 2 Write Only Discrete No. 3 ... Communications Sequence Number 16 bit Integer Status Discrete No. 1 Discrete values packed into Integers (From the Plant SCADA System) Status Discrete No. 2 Status Discrete No. 3 Status Discrete No. 4 ... Analog No. 1 (Feedback) Analogs (From the Plant SCADA System) Analog No. 2 (Feedback) Analog No. 3 (Feedback) Analog No. 4 (Feedback) E. The data shall be placed into consecutive integers. The data shall not overlap the data to be read by the plant SCADA system. 1. For PLCs with PCCC data maps (such as an Allen Bradley SLC 5/05 or an Allen Bradley Micrologix 1100), the data shall be placed in consecutive N (integer type) data files of no more than 200 elements. 2. Discrete values shall be packed into integers and represented in contiguous memory locations (or registers). 3. If used, floating point values (reals) shall be placed into the registers by copying the bit pattern into the integers. (For example, one float would be copied into the 4 bytes of two 16 bit integers.) 107 F. The write -only discrete value registers should be used for counter reset signals, alarm acknowledgment, and similar applications. Process permissive signals, motor calls to start, or motor calls to stop with write -only discrete registers are not permissible.The (vendor) PLC will monitor the "Communications Sequence Number" in the data written by the plant SCADA system. The sequence number will have the following properties as noted below in the following table. Communications...,... Seciuence,Nu>nriirer. ',- Description -:i" "c Bit 0 Should always be set (1) when written by SCADA system. Should always be unset (0) when read by the SCADA system. Bits 1-3 All the bits are unset (0) if the plant SCADA system is not updating any values. Bit 1 is set if the plant SCADA system is updating one (or more) of the analog values. Bit 2 is set if the plant SCADA system is updating one (or more) of the read/write discrete values. Bit 3 is set if the plant SCADA system has set one (or more) of the write only discrete values. Bits 4-7 All the bits are unset (0) if the plant SCADA system is not updating any values. Bits 8-15 The plant SCADA system changes this value at least once every 2 seconds. G. When the PLC code observes that Bit 0 of the sequence number is set (to a value of 1), the code will unset Bit 0 of the sequence number and then copy the sequence number into the data read by the plant SCADA system. Then "the PLC code will perform the following tasks in the same scan as the new data. 1. If the least significant byte of the sequence number is not zero then process the data written by the plant SCADA system. (This check should occur subsequent to resetting Bit 0.) 2. If the plant SCADA system writes any data, it will provide values for all read / write analogs and read / write discrete values. a. Except for the changed values, the plant SCADA system will provide values retrieved from the most recently read data. b. Write -only discrete value. registers will be unset (i.e., values will be zero)except for discrete values being written to by the plant SCADA system. 108 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 c. If the least significant byte of the sequence number is zero then the plant SCADA system will not overwrite any read / write analog or read / write discrete values. The plant SCADA system may unset all write / only discrete registers by overwriting them with zeros. d. In any case, the values in any read / write analog or read / write discrete registers as written by the Plant SCADA shall be considered unreliable unless bit 0 of the sequence number is set (to a value of 1). 3. The PLC code must update the data read by the plant SCADA system every time the plant SCADA system writes new data and at least once every ten seconds if no plant SCADA system writes are detected. 4. The PLC code must generate a "Communications Stalled Alarm" whenever no plant SCADA system writes are detected over a configured interval. The "Communications Stalled Alarm" shall automatically reset when fresh data is received or an updated sequence number is received by the PLC. The "Communications Stalled Alarm" shall not clear sooner than ten seconds after new plant writes are detected to allow the plant SCADA system to detect the communications stall alarm. 5 The exact contents of the data registers written and read by the plant SCADA system shall be provided with the submittal of PLC programming. 6. If an operator interface (01) directly updates any of this data, it should write to the address ranges read by the plant SCADA system. H. Table of IP Addresses 1. All SCADA equipment with an IPv4 (Internet Protocol version 4) address configuration shall be programmed to be in network 192.168.128.0/24 (CIDR notation). 2. Subnet Mask: 255.255.255.0 3. Default Gateway: 192.168.128.1 4. Domain Naming System (DNS): 192.168.128.4.1 and 192.168.1.10 5. All SCADA equipment with an IPv6 (Internet Protocol version 6) address configuration shall utilize standard IPv6 auto -configuration profiles if needed by other systems. SCADA communications and messaging will not utilize IPv6. 6. Use IP addresses for systems and items as follows: a. PLCs - 192.168.128.16 for first PLC, 192.168.128.17 for second PLC, and so on. b. • Protocol Gateway/Bridge - 192.168.128.15 for first gateway, 192.168.128.14 for second gateway, and so on. c. Operator Interfaces and other network equipment - 192.168.128.32 for first device, 192.168.128.33 for second device, and so on. 1.09 SCADA Messaging Performance 1. All devices connected to the SCADA network shall be able to provide sequential responses to queries in a timely manner to allow collection and representation of SCADA status and Process conditions in a manner useful for recording. (Performance mentioned below shall refer to an instance where the SCADA interface is tested with a laptop configured and sufficiently able to poll the SCADA device directly connected to the device. Inherent network latency, such as a long range radio network, shall not be considered for device performance. Online programming modes or other configuration modes that prevent SCADA responses are likewise not considered important in this context.)- 2. ontext.)2. A polling device shall. be reply within 1 second to a plant SCADA request under normal circumstances. 3. The device shall be able to provide SCADA information at a rate of at least 128 kbps when responding to requests from the plant SCADA network. 4. If request messages arrive too quickly, the SCADA device shall employ an algorithm, similar to denial-of-service attack mitigation methods, in which requests are "dropped" to allow servicing of at least a portion of the requests. In no instance shall a high frequency of requests on the SCADA network interface cause that piece of equipment to crash or otherwise result in the system controlled by the SCADA connected piece of equipment failing to perform. 5. In no instance shall a malformed message received by the SCADA equipment cause that piece of equipment to crash or otherwise result in the system controlled by the SCADA connected piece of equipment failing to perform. 110 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SCHEDULE DATA FIRETUBE BOILERS General Description Tag B-1 & B-2 Location Boiler Room Type Four -Pass Dry -Back Firetube Fuel Primary Fuel Digester Gas Secondary Fuel Natural Gas Capacity Boiler Horsepower 125 Input CFH (Natural Gas) 5,103 Nominal output MBtu/H (Natural Gas) 4,184 Burner Turndown Ratio Firing the primary fuel 4:1 Firing the secondary fuel 4:1 Design Flow Conditions Water Flow Rate (GPM) 418 Entering Water Temperature (°F) 180 Leaving Water Temperature (°F) 200 Guaranteed Fuel To Water Efficiency (Natural Gas) 25% Firing Rate 83.3% 50% Firing Rate 83.6% 75% Firing Rate 83.4% 100% Firing Rate 83.2% Pressure Ratings Design Pressure (PSIG) 125 Operating Pressure (PSIG) 80 Relief Valve Setting (PSIG) 125 Sound Levels at High Fire Primary Fuel 83 dbA Secondary Fuel 83 dbA Miscellaneous Voltage (Volts/Phase/Hertz) 460/3/60 Flue Connection Diameter (Inches) 16" Operating Weight (Lb.) 19,800 Blend Pump Quantity 1 Horsepower 0.25 Flow Rate (GPM) 97 Notes NONCOLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the aforesigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report bid rigging activities call: 1 -800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll-free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. 113 NON-DISCRIMINATION PROVISION During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. *(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. *(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. "(4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. *(5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. "(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contractor with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. "(7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders 01 the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." 114 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 WOMEN AND MINORITY BUSINESS ENTERPRISE POLICY It is the policy of the City of Yakima that women and minority business enterprises shall have the maximum opportunity to participate in the performance of work relating to the City's activities. To this end, the City is committed to take all necessary and reasonable steps in accordance with state and federal rules and regulations to ensure women and minority business enterprises the maximum opportunity to compete for and to perform contracts. In order to enhance opportunities for women and minority businesses to participate in certain contractor opportunities with the City of Yakima, and as a recipient of federal and state financial assistance, the City is committed to a women and minority business enterprise utilization program. The City is determined to maximize women and minority business opportunities through participation in the competitive bidding process through women and minority business enterprise affirmative action programs administratively established by the City Manager and monitored and implemented in accordance with state and federal rules and regulations. All women and minority business enterprise programs shall include specific goals for participation of women and minority businesses in City projects of at least ten percent (10%) of the total dollar value of City contract over $10,000. Goals shall be reviewed and updated annually by the City Manager for applicability and to ensure that the intent of this policy is accomplished. This statement of policy will be widely disseminated to all managers, supervisors, minorities and women employed by the City of Yakima as well as to contractors, vendors, suppliers, minorities and women who may seek the City's procurement and construction contracts related to the women and minority business enterprise programs. Contractors associations will be made aware of construction projects affected by this policy through all available avenues to assure that plans/specifications, bid forms, and invitations to bid are as widely distributed as possible. 115 RESOLUTION NO. D d 4 8 1 6 A RESOLUTION adopting a "Women And Minority Business Enterprise Policy" for the City of Yakima. WHEREAS, the City of Yakima is the recipient of federal, and state assistance which assistance carries with it the obli- gation of -contracting with Women And Minority Business Enter- prises far the performance of public works, and WHEREAS',it is the intention of the City of Yakima that Women And Minority Business Enterprises shall have the maximum practicable opportunity to participate in the performance of such public works,. and. 'WHEREAS, the City of Yakima is determined to maximize Women And Minority Business Enterprise opportunities for parti- cipation in its competitive bidding process through the adoption of the "Women And Minority Business Enterprise. Policy" statement attached hereto; now, therefore,, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council hereby adopts the "Women And tiinority Business Enterprise Policy", a copy of which is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this ..41gt day of 1983. ATTEST: City Clerk 116 fit'h ca Mayor AFFIRMATIVE ACTION PLAN The bidders, contractors and subcontractors will not be eligible for award of a contract under this Advertisement for Bids unless it certifies as prescribed, that it adopts the minimum goals and timetable of minority and women workforce utilization and specific affirmative. action steps as set forth by the City of Yakima, This is directed at increasing minority and women workforce utilization by means of applying good faith efforts to carrying out such steps. However, no contractor or subcontractor shall be found to be in noncompliance solely on account of its failure to meet its goals within its timetables, but such contractor shall be given the opportunity to demonstrate that it has instituted all of the specific affirmative action steps specified by the City of Yakima, and has made every good faith effort to make these steps work toward the attainment of its goals, all to the purpose of expanding minority and women workforce utilization on all of its projects in the City of Yakima, Washington. In all cases, the compliance of a bidder, contractor or subcontractor will be determined in accordance with its respective obligations under the terms of these Bid Conditions. All bidders and all contractors and subcontractors performing or to perform work on projects subject to these Bid Conditions hereby agree to inform their subcontractors of their respective obligations under the terms and requirements of these Bid Conditions, including the provisions relating to goals of minority and women employment and training. Specific Affirmative Action Steps Bidders, contractors and subcontractors subject to this contract must engage in affirmative action directed at increasing minority and women workforce utilization, which is at least as extensive and as specific as the following steps: a. The contractor shall notify community organizations that the contractor has employment opportunities available and shall maintain records, of the organizations' response. b. The contractor shall maintain a file of the names and addresses of each minority and women worker referred to him and what action was taken with respect to each such referred worker, and if the worker was not employed, the reasons therefore. If such worker was not sent to the union hiring hall for referral or if such worker was not employed by the contractor, the contractor's file shall document this and the reasons therefore. c. The contractor shall promptly notify the City of Yakima Engineering Division an Contract Compliance Officer when the union or unions with whom the contractor has collective bargaining agreement has not referred to the contractor a minority or woman worker sent by the contractor or the contractor has other information that the union referral process has impeded him in his efforts to meet his goal. d. The contractor shall participate in training programs in the area, especially those funded by the Department of Labor. e. The contractor shall disseminate his EEO policy within his own organization by including it in any policy manual; by publicizing it in company newspapers, annual reports, etc., by conducting staff, employee and union representatives' meetings to explain and discuss the policy; by posting of the policy; and by specific review of the policy with minority employees. f The contractor shall disseminate his EEO policy externally by informing and discussing it with all recruitment sources; by advertising in news media, specifically including minority news media; and by notifying and discussing it with all subcontractors and suppliers. 117 g. The contractor shall make specific efforts and constant personal (both written and oral) recruitment efforts directed at all minority or women organizations, schools with minority students, minority recruitment organizations and minority training organizations, within the contractor's recruitment areas. h. The contractor shall make specific efforts to encourage present minority employees to recruit their friends and relatives. i. The contractor shall validate all man specifications; selection requirements, tests, etc. J. The contractor shall make every effort to promote after school, summer and vacation employment to minority youth. k. The contractor shall develop on-the-job training opportunities and participate and assist in any association or employer group training programs relevant to the contractor's employee needs consistent with its obligations under this bid. I. The contractor shall continually inventory and evaluate all minority and women personnel for promotion opportunities and encourage minority and women employees to seek such opportunities. m. The contractor shall make sure that seniority practices, job classifications, etc., do not have a discriminatory effect. n. The contractor shall make certain that all facilities and company activities are non- segregated. o. The contractor shall continually monitor all personnel activities to ensure that his EEO policy is being carried out. p. The contractor shall solicit bids for subcontracts from available minority and women subcontractors, engaged in the trades covered by these Bid Conditions, including circulation of minority and women contractor associations. q. Non cooperation: In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreements, the contractor shall, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex or national origin, making full efforts to obtain qualified and/or qualifiable minorities and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority or women employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246 and 23 CFR Part 230 as amended, and the Standard Specifications, such contractor shall immediately notify the City of Yakima Engineering Department or the City of Yakima Compliance Officer. 118 MATERIALLY AND RESPONSIVENESS The certification required to be made by the bidder pursuant to these Bid Conditions is material, and will govern the bidder's performance on the project and will be made a part of his bid. Failure to submit the certification will render the bid non responsive. Compliance and Enforcement Contractors are responsible for informing their subcontractor (regardless of tier) as to their respective obligations under the conditions of the contract here (as applicable). Bidders, contractors and subcontractors hereby agree to refrain from entering into any contract or contract modification subject to Executive Order 11246, as amended on September 24, 1965, with a contractor debarred from, or who is determined not to be a responsible' bidder for, government contracts and federally assisted construction contracts pursuant to Executive Order. The bidder, contractor or subcontractor shall carry out such sanctions and penalties for violation of the equal opportunity clause including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered by the administering agency, the contracting agency or the Office of Federal Contract Compliance pursuant to the Executive Order. Any bidder, or contractor or subcontractor who shall fail to carry out such sanctions and penalties shall be deemed to be in non-compliance with these Bid Conditions and Executive Order 11246, as amended. Nothing herein is intended to relieve any contractor or subcontractor during the term of its contract on this project from compliance with Executive Order 11246, as amended, and the Equal Opportunity Clause of its contract. Violation of any substantial requirement in the affirmative action plan by a contractor or subcontractor covered by these Bid Conditions including the failure of such contractor or subcontractor to make a good faith effort to meet it fair share of the trade's goals of minority and women workforce utilization, and shall be grounds for imposition of the sanctions and penalties provided at Section 209 (a) of Executive Order 11246, as amended. Each agency shall review its contractors' and subcontractors' employment practices during the performance of the contract. If the agency determines that the affirmative action plan no longer represents effective affirmative action, it shall so notify the Office of Federal Contract Compliance which shall be solely responsible for any final determination of that question and the Consequences thereof. In regard to these conditions, if the contractor or subcontractor meets its goals or if the contractor or subcontractor can demonstrate that it has made every good faith effort to meet those goals, the contractor of the subcontractor shall be presumed to be in compliance with Executive Order 11246, as amended, the implementing regulations and its obligations under these Bid Conditions and no formal sanctions or proceedings leading toward sanctions shall be instituted unless the agency otherwise determines that the contractor or subcontractor is not providing equal employment opportunities. In judging whether a contractor or subcontractor has met its goals, the agency will consider each contractors or subcontractor's minority and women workforce utilization and will not take into consideration the minority and women workforce utilization of its subcontractors. Where the agency finds that the contractor or subcontractor has failed to comply with the requirement of Executive Order 11246, as amended, the implementing regulations and its obligations under these Bid Conditions, the agency shall take such action and impose such sanctions as may be appropriate under Executive Order and the regulations. When the agency proceeds with such formal action, it has the burden of proving that the contractor has not met the requirements of these Bid Conditions, but the contractor's failure to meet his goals shall shift to him the requirement to come forward with evidence to show that he has met the "good faith" requirements of these Bid Conditions by instituting at least the Specific Affirmative Action steps listed above and by making every good faith effort to make those steps work toward the attainment of its goals within its timetables. The pendency of such formal proceedings shall be taken into consideration by Federal agencies in determining whether such contractor or Subcontractor can comply with the requirements of Executive Order 11246, as amended, and is therefore a "responsible prospective contractor" within the meaning of the Federal Procurement Regulations. 119 1 It shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority and women employees. The procedures set forth in these conditions shall not apply to any contract when the head of the contracting or 1 administering agency determines that such contract is essential to the national security and that its award without following such procedures is necessary to the national security. Upon making such a determination, the agency head will notify, in writing, the Director of the Office of Federal Contractor Compliance within thirty days. Requests for exemptions from these Bid Conditions must be made in writing, with justification, to the: Director Office of Federal Contractor Compliance U.S. Department of Labor111 Washington, D.C. 20210 and shall be forwarded through and with the endorsement of the agency head. Contractors and subcontractors must keep such records and file such reports relating to the provisions of these Bid Conditions as shall be required by the contracting or administering agency or the Office of Federal Contractor Compliance. 1