TABLE OF CONTENTS · 6. SCADA controls for parameters to be monitored with capability to link into...

TABLE OF CONTENTS

RONAN SWTP - MICROFILTRATION MEMBRANE EQUIPMENTPROCUREMENTOCTOBER 2016

CITY OF RONAN, MONTANA

Advertisement for Bid

Instruction to Bidders

BIDDING/ BIDDERS DOCUMENTS (to be completed for bid):

Bid Form

Bid Bond C-430

Suppliers Qualification Questionnaire

AGREEMENT/CONDITIONS:

Agreement

General Conditions EJCDC P-700

Funding Agency Special Provisions (Section 00900)

o American Iron & Steel Provisions

FORMS:

Performance Bond

Notice of Award

Notice to Proceed

Pay Request

Change Order

Work Directive

Affidavit of Completion

TECHNICAL SPECIFICATIONS:

10000 Existing Conditions

10100 Summary of Work

50000 Hollow Fiber Membrane

ADDITIONAL INFORMATION:

Appendix A Water quality data

Appendix B As-built drawings

City of Ronan, MT

Ronan SWTP- Microfiltration Membrane Equipment Procurement

ADVERTISEMENT FOR BIDS/PROPOSALS

Separate sealed competitive bids for the design, construction and delivery of water filtrationequipment will be received by Shari A. Johnson and Associates Engineering, PC (Engineer) onbehalf of the CITY OF RONAN (Buyer), at their office at 207 Main St SW, Ste A, Ronan, MT59864 until 4:00 pm local time on _November 3, 2016.

The project consists of:The purchase of Microfiltration Membrane equipment and necessary appurtenances totreat surface water in conjunction with the City of Ronan’s existing Surface WaterTreatment Plant (SWTP) currently providing UV & Chlorine treatment. Anticipatedcomponents include but are not limited to:

1. Microfiltration Membrane Train to provide a minimum of 2.5 log removal ofCryptosporidium

a. Feed tank & pump if necessary for proposed system2. Backwash capabilities with no residual chemicals such that discharge water can be

returned to the surface water source creek per the Draft EPA Permit.a. Backwash transfer tank if necessary for proposed systemb. Options may include a non-chemical enhanced backwash system; ori. A backwash with chemical enhancement if neutralization/ dechlorination and

disposal system is provided.3. Compressed Air System as required for proposed system including adequate

storage & air dryer4. Clean-In-Place chemical cleaning system including mixing tank, holding tanks,

heater, hydraulic pumps, chemical metering pumps, monitoring instruments (temp,pH, chlorine, etc), neutralization system, and other appurtenances as necessary

5. Monitoring system for membrane integrity and compliance6. SCADA controls for parameters to be monitored with capability to link into existing

Microcomm SCADA system.

For project questions please contact Shari A Johnson & Associates Engineering, PLLC [email protected] or 406-261-3019.

The Project Manual may be obtained and examined at the following locations:Northwest Plans Exchange (2303 Hwy2 East, Kalispell, MT 59901)Missoula Plans Exchange (201 North Russell, Missoula, MT 59801)

Addenda to the project will be posted on the plans exchanges. BIDDERs must save and/ortrack the project to receive notification of addenda and other updates. The BIDDER isresponsible for periodically checking the site. The CONTRACTOR that is awarded the projectwill be responsible for printing all documents necessary for performing the work.

Each bid or proposal must be accompanied by a Certified Check, Cashier’s Check, or Bid Bond

payable to City of Ronan, MT, in an amount not less than five percent (5%) of the total amountof the bid. Successful Bidders shall furnish an approved Performance Bond in the amount ofone hundred percent (100%) of the contract amount. Insurance as required shall be provided bythe successful Bidder(s) and a certificate(s) of that insurance shall be provided.

The project may be funded with grant and loan funds from the Drinking Water State RevolvingFund Program (SRF). Award of the project may be contingent upon receiving funding andaward concurrence from the above listed funding agencies, as appropriate.

CONTRACTOR and any of the CONTRACTOR’s subcontractors doing work on this project willbe required to obtain registration with the Montana Department of Labor and Industry (DLI).Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011,1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained bycalling 1-406-444-7734.

American Iron and Steel (AIS) Provisions apply to this project, as described in thebidding documents.

The CONTRACTOR must ensure that employees and applicants for employment are notdiscriminated against because of race, creed, religion, color, or national origin or because ofage, physical or mental disability, marital status, or sex when the reasonable demands of theposition do not require an age, physical or mental disability, marital status, or sex distinction.

No bid may be withdrawn after the scheduled time for bid opening, which is 4 P.M. local time,November 3, 2016

The right is reserved to reject any or all proposals received, to waive informalities, topostpone the award of the contract for a period of not to exceed sixty (60) days, and to acceptthe lowest responsive and responsible bid which is in the best interest of the BUYER.

The City of Ronan, Montana, is an Equal Opportunity Employer.

Published, this _______ day of_______________, 2016.

________________________________________City Clerk-Treasurer, City of Ronan

2nd Publication: ___________________ Newspaper: Lake County Leader

BIDDING/ BIDDER’S DOCUMENTS

(to be completed and turned in with bid)

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T hisdocum entisaM O DIFIED version ofEJCDC® P -200,Copyright© 2010 by the N ationalS ocietyof P rofessional Engineers, Am erican S ociety of Civil Engineers, and Am erican Council ofEngineeringCom panies.T hoseportionsofthe textthatoriginated in published EJCDC docum ents

rem ainsubjecttothecopyright.

INSTRUCTIONS TO BIDDERS FORPROCUREMENT CONTRACTS

Prepared by

andIssued and Published Jointly by

AMERICAN COUNCIL OF ENGINEERING COMPANIES

AMERICAN SOCIETY OF CIVIL ENGINEERS

ASSOCIATED GENERAL CONTRACTORSOF AMERICA

PROFESSIONAL ENGINEERS IN PRIVATE PRACTICEA Practice Division of the

NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS

EJCDC P-200, Instructions to Bidders for Procurement Contracts.Copyright © 2010 National Society of Professional Engineers, American Council of Engineering Companies,American Society of Civil Engineers, and Associated General Contractors of America. All rights reserved.

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Copyright © 2010:

National Society of Professional Engineers1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882www.nspe.org

American Council of Engineering Companies1015 15th Street N.W., Washington, DC 20005

(202) 347-7474www.acec.org

American Society of Civil Engineers1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723www.asce.org

Associated General Contractors of America2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308

(703) 548-3118www.agc.org

The copyright for EJCDC P-200 is owned jointly by the four EJCDC sponsoring organizations listedabove. The National Society of Professional Engineers (NSPE) is the Copyright Administrator for theEJCDC documents.

.

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Table of Contents

Article 1 - DEFINED TERMS................................................................................................................4

Article 2 - BIDS RECEIVED .................................................................................................................4

Article 3 - COPIES OF BIDDING DOCUMENTS.................................................................................4

Article 4 - QUALIFICATIONS OF BIDDERS.......................................................................................4

Article 5 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND POINTOF DESTINATION ...............................................................................................................................5

Article 6 - PRE-BID CONFERENCE.....................................................................................................6

Article 7 - INTERPRETATIONS AND ADDENDA..............................................................................6

Article 8 - BID SECURITY....................................................................................................................6

Article 9 - CONTRACT TIMES.............................................................................................................7

Article 10 - LIQUIDATED DAMAGES.................................................................................................7

Article 11 - “OR-EQUAL” ITEMS.........................................................................................................7

Article 12 - PREPARATION OF BID ....................................................................................................7

Article 13 - BASIS OF BID; COMPARISON OF BIDS.........................................................................8

Article 14 - SUBMITTAL OF BID........................................................................................................ 8

Article 15 - MODIFICATION OR WITHDRAWAL OF BID ................................................................9

Article 16 - OPENING OF BIDS.......................................................................................................... 9

Article 17 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE............................................................9

Article 18 - EVALUATION OF BIDS AND AWARD OF CONTRACT ...............................................9

Article 19 - CONTRACT SECURITY AND INSURANCE .................................................................10

Article 20 - SIGNING OF AGREEMENT............................................................................................10

Article 21 - WAGE RATE REQUIREMENTS…………………………………………………………10

Article 22 - AMERICAN IRON AND STEEL REQUIREMENTS……………..………………..……10

Article 2 – DEBARMENT CERTIFICATION…………………….……………………………………11

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INSTRUCTIONS TO BIDDERS

ARTICLE 1 - DEFINED TERMS

1.01 Terms used in these Instructions to Bidders will have the meaningsindicated in the General Conditions and Supplementary Conditions.Additional terms used in these Instructions to Bidders have the meaningsindicated below.

A. Issuing Office – The office or offices from which the Bidding Documentsare to be issued and where the bidding procedures are to be administeredis identified in the Invitation to Bid.

B. Bidding Documents can be obtained as identified in the Invitation to Bid.

ARTICLE 2 - BIDS RECEIVED

2.01 Refer to Invitation to Bid to for information on receipt of Bids.

ARTICLE 3 - COPIES OF BIDDING DOCUMENTS

3.01 Complete bidding documents for this project are available in electronicform. Printed copies of the bid documents are not available from theEngineer or the Owner. Bid documents may be viewed, examined andobtained from the plans exchanges listed in the Advertisement forBids/Proposals. Plan holders are responsible for their own reproductioncosts.

3.02 Complete sets of Bidding Documents must be used in preparing Bids. NeitherBuyer nor Engineer assumes any responsibility for errors ormisinterpretations resulting from the use of incomplete sets of BiddingDocuments.

3.03 Buyer and Engineer in making copies of Bidding Documents available onthe above terms do so only for the purpose of obtaining Bids on the Workand do not confer a license or grant for any other use.

ARTICLE 4 - QUALIFICATIONS OF BIDDERS

4.01 To demonstrate Bidder’s qualifications to furnish Goods and SpecialServices, Bidder’s attention is directed to Section 10100 for a completelisting of the information to be included in the response to this bidsolicitation.

4.02 Bidder is advised to carefully review the bidding document requirements andforms contained in Section 10100 and those portions of the Bid Formrequiring Bidder’s representations and certifications.

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ARTICLE 5 - EXAMINATION OF BIDDING DOCUMENTS, OTHERRELATED DATA, AND POINT OF DESTINATION

5.01 Bidder will be required to coordinate with a yet to be determined constructioncontractor for the delivery, installation, testing and startup of the equipment.Bidder will not be able to deliver the Goods until delivery is approved bythe construction contractor and a staging area is identified. Upon request,Buyer will provide Bidder access to the Point of Destination and the sitewhere Goods are to be installed or Special Services are to be provided sothat Bidder may conduct such investigations, examinations, tests, andstudies as Bidder deems necessary for submission of a Bid.

5.02 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, including anyAddenda, and the related data identified in the Bidding Documents;

B. at the Bidders discretion, visit the Point of Destination and the site wherethe Goods are to be installed and Special Services are to be provided tobecome familiar with the local conditions if in Bidder’s judgment, anylocal condition may affect cost, progress, or the furnishing of Goods andSpecial Services;

C. become familiar with and satisfy itself as to all laws and regulationsthat may affect cost, progress, or the furnishing of the Goods andSpecial Services;

E. carefully study, consider, and correlate the information known to Bidder;information commonly known to sellers of similar goods doing businessin the locality of the Point of Destination and the site where the Goodswill be installed or where Special Services will be provided; informationand observations obtained from Bidder’s visits, if any, to the Point ofDestination and the site where the Goods are to be installed or SpecialServices are to be provided; and any reports and drawings identified inthe Bidding Documents regarding the Point of Destination and the sitewhere the Goods will be installed or where Special Services will beprovided, with respect to the effect of such information, observations, anddocuments on the cost, progress, and performance of Seller's obligationsunder the Contract Documents; promptly give Engineer written notice ofall conflicts, errors, ambiguities, or discrepancies that Bidder discovers inthe Bidding Documents and confirm that the written resolution (if any)thereof by Engineer is acceptable to Bidder; and

F. determine that the Bidding Documents are generally sufficient to indicateand convey understanding of all terms and conditions for furnishingGoods and Special Services.

5.03 The submission of a Bid will constitute an incontrovertible representation byBidder that Bidder has complied with every requirement of this Article 5,

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that without exception the Bid is premised upon furnishing Goods andSpecial Services required by the Bidding Documents, that Bidder has givenEngineer written notice of all conflicts, errors, ambiguities anddiscrepancies that Bidder has discovered in the Bidding Documents and thewritten resolutions (if any) thereof by Engineer are acceptable to Bidder,and that the Bidding Documents are generally sufficient to indicate andconvey understanding of all terms and conditions for furnishing Goods andSpecial Services.

ARTICLE 6 - PRE-BID CONFERENCE

6.01 No pre-bid conference will be held for this project

6.02 At the option of the Buyer, and to facilitate final selection and proposalscoring, private 60 minute interviews, personal or telephonic, may berequested from two or more of the Bidders who submitted proposals.Bidders will be allowed to make a formal presentation to Representatives ofthe Buyer and Engineer regarding the Goods to be furnished.

ARTICLE 7 - INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to besubmitted to Engineer in writing. Interpretations or clarifications considerednecessary by Engineer in response to such questions will be issued byAddenda thru the plans exchanges listed in the Advertisement forBid/Proposals to all parties recorded by Engineer as having received theBidding Documents. Questions received less than 3 business days prior to thedate for opening of Bids will not be answered. Only answers in the Addendawill be binding. Oral statements, interpretations, and clarifications may not berelied upon and will not be binding or legally effective.

7.02 Addenda may be issued to clarify, correct, or change the BiddingDocuments as deemed advisable by Buyer or Engineer.

ARTICLE 8 - BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Buyer inan amount of 5% percent of Bidder's maximum Bid price and inthe form of a certified check, bank money order, or a Bid Bond (onform attached) issued by a surety meeting the requirements ofParagraph 4.01.B of the General Conditions. Bid bonds must beissued from a surety licensed in the State of Montana.

8.02 The Bid security of the Successful Bidder will be retained until such Bidderhas executed the Contract Documents, furnished the required contractsecurity, and met the other conditions of the Notice of Award, whereupon

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the Bid security will be returned. If the Successful Bidder fails to executeand deliver the Contract Documents and furnish the required contractsecurity within 15 days after the Notice of Award, Buyer may considerBidder to be in default, annul the Notice of Award, and the Bid security ofthat Bidder will be forfeited. The Bid security of other Bidders that Buyerbelieves to have a reasonable chance of receiving the award may be retainedby Buyer until the earlier of 7 days after the Effective Date of theAgreement or 61 days after the Bid opening, whereupon Bid securityfurnished by such Bidders will be returned.

8.03 Bid security of other Bidders that Buyer believes do not have a reasonablechance of receiving the award will be promptly returned after the Bidopening.

ARTICLE 9 - CONTRACT TIMES

9.01 See applicable provisions in the Agreement.

ARTICLE 10 - LIQUIDATED DAMAGES

10.01 Any provisions for liquidated damages, such as those for Seller’s failure toattain a Milestone, or to deliver the Goods or furnish Special Serviceswithin the Contract Times, are set forth in the Agreement.

ARTICLE 11 - “OR-EQUAL”ITEMS –NOT USED

ARTICLE 12 - PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents. Additional copies ofBidding Documents may be obtained from the Issuing Office. Bids carryingriders, qualifications or conditions to the bid submitted may be rejected asirregular.

12.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signedin ink. Erasures or alterations shall be initialed in ink by the person signingthe Bid Form. A Bid price shall be indicated for each item listed therein. Inthe case of optional alternates the words “No Bid,” “No Change,” or “NotApplicable” may be entered.

12.03 A Bid by a corporation shall be executed in the corporate name by thepresident or a vice-president or other corporate officer accompanied byevidence of authority to sign. The corporate seal shall be affixed andattested by the secretary or an assistant secretary. The corporate address andstate of incorporation shall be shown.

12.04 A Bid by a partnership shall be executed in the partnership name and signedby a partner (whose title must appear under the signature), accompanied byevidence of authority to sign. The official address of the partnership shall beshown.

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12.05 A Bid by a limited liability company shall be executed in the name of the firmby a member and accompanied by evidence of authority to sign. The state offormation of the firm and the official address of the firm shall be shown.

12.06 A Bid by an individual shall show the Bidder’s name and official address.

12.07 A Bid by a joint venture shall be executed by each joint venturer in themanner indicated on the Bid Form. The official address of the joint ventureshall be shown.

12.08 All names must be typed or printed in ink below the signature.

12.09 The Bid shall contain an acknowledgment of receipt of all Addenda, thenumbers of which shall be filled in on the Bid Form.

12.10 Each Bidder shall list the postal address, e-mail address, and telephonenumber for communications regarding the Bid.

ARTICLE 13 - BASIS OF BID; COMPARISON OF BIDS

13.01 Bidder’s attention is directed to Section 10100 – “Summary of Work” foridentification of the information to be submitted as part of the Bid and forthe evaluation criteria to be used as the basis for the award.

ARTICLE 14 - SUBMITTAL OF BID

14.01 Bidder shall remove the Bid Form, the Bid Bond from the Bidding documents.These documents are to be completed and submitted with the other requiredinformation as identified in Section 10100 – “Summary of Work”.

14.02 A Bid shall be submitted no later than the date and time prescribed and at theplace indicated in the Advertisement for Bid/Proposals, and shall be enclosedin a plainly marked package with the Project title and the name and addressof Bidder, and shall be accompanied by the Bid security and other requireddocuments. If a Bid is sent by mail or other delivery system, the sealedpackage containing the Bid shall be enclosed in a separate package plainlymarked on the outside with the notation “BID ENCLOSED". A mailed Bidshall be addressed to:

City of RonanAttn: Shari A. Johnson, City Engineer

207 Main St SW, Ste ARonan, MT 59864

ARTICLE 15 - MODIFICATION OR WITHDRAWAL OF BID

15.01 A Bid may be modified or withdrawn by an appropriate document dulyexecuted in the same manner that a Bid must be executed and delivered tothe place where Bids

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are to be submitted prior to the date and time for the opening of Bids.

15.02 If, within 24 hours after Bids are opened, any Bidder files a duly signed writtennotice with Engineer and Buyer and promptly thereafter demonstrates to thereasonable satisfaction of Buyer that there was a material and substantialmistake in the preparation of its Bid, that Bidder may withdraw its Bid, andthe Bid security will be returned. Thereafter, if the Goods and SpecialServices are rebid, that Bidder will be disqualified from further bidding on theGoods and Special Services.

ARTICLE 16 - OPENING OF BIDS

16.01 Bids will be opened at the time and place indicated in the Advertisement forBid/Proposals and Engineer will begin the evaluation process. Theevaluation process is anticipated to take 30 days to complete because ofvolume of information being requested and implementation of the scoringcriteria. An abstract of the final scores will be made available, upon request,to all Bidders after the scoring is completed..

ARTICLE 17 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.01 All Bids will remain subject to acceptance for the period of time stated inthe Bid Form, but Buyer may, in its sole discretion, release any Bid andreturn the Bid security prior to the end of this period.

ARTICLE 18 - EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Buyer reserves the right to reject any and all Bids, including without limitation,nonconforming, nonresponsive, unbalanced, or conditional Bids. Buyerfurther reserves the right to reject the Bid of any Bidder that Buyer finds, afterreasonable inquiry and evaluation, to be non-responsible. Buyer may alsoreject the Bid of any Bidder if Buyer believes that it would not be in the bestinterest of the Project to make an award to that Bidder. Buyer also reserves theright to waive all informalities not involving price, time, or changes in theGoods and Special Services, and to negotiate contract terms with theSuccessful Bidder.

18.02 More than one Bid for the same Goods and Special Services from anindividual or entity under the same or different names will not be considered.Reasonable grounds for believing that any Bidder has an interest in more thanone Bid for the Goods and Special Services shall be cause for disqualificationof that Bidder and the rejection of all Bids in which that Bidder has aninterest.

18.03 In evaluating Bids, Buyer will consider whether or not the Bids comply withthe prescribed requirements, and such alternates, unit prices, and other data as

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may be requested in the Bid Form, Section 10100 , or may be requested fromBidders prior to a Notice of Award.

18.04 Buyer may conduct such investigations as Buyer deems necessary toestablish the responsibility, qualifications, and financial ability of Bidder.

18.05 If the Contract is to be awarded, Buyer will award the Contract to the Bidderwhose Bid is in the best interest of the Project.

ARTICLE 19 - CONTRACT SECURITY AND INSURANCE

19.01 Article 4 of the General Conditions and Article 4 of the SupplementaryConditions set forth Buyer’s requirements as to performance bond and insurance.When the Successful Bidder delivers the executed Agreement to Buyer, it mustbe accompanied by such bond and certificate of insurance.

ARTICLE 20 - SIGNING OF AGREEMENT

20.01 When Buyer issues a Notice of Award to the Successful Bidder, it shall beaccompanied by the required number of unsigned counterparts of the Agreementwith the other Contract Documents that are to be identified in the Agreement andattached thereto. Within 15 days thereafter, Successful Bidder shall sign anddeliver the required number of counterparts of the Agreement and attacheddocuments to Buyer. Within 10 days thereafter, Buyer shall deliver one fullysigned counterpart to Successful Bidder with a complete set of Drawings withappropriate identification.

ARTICLE 21 - WAGE RATE REQUIREMENTS

21.01 EQUAL EMPLOYMENT OPPORTUNITY: BIDDER’S attention is directed tothe requirement for ensuring that employees and applicants for employment arenot discriminated against because of their race, color, religion, national origin,sex, marital status, age, or political ideas. Bidders on this work will be requiredto comply with the President’s Executive Orders No. 11246 as amended, 11458,11518, and 11625.

ARTICLE 22 - AMERICAN IRON AND STEEL REQUIREMENTS

22.01 BIDDER’S attention is directed to ARTICLE 1.5.10 of Section 00900 withrespect to American Iron and Steel (AIS) requirements. All of the iron and steelproducts used in the project must be produced in the United States. The term“iron and steel products” means the following products made primarily of ironor steel: lined or unlined pipes and fittings, manhole covers and other municipalcastings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structuralsteel, reinforced precast concrete, rebar, and construction materials. The ironand steel products used in the project must comply with the American Iron and

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Steel requirements of Section 436 of the Consolidated Appropriations Act of2014 (P.L. 113-76) and as further interpreted by applicable EPA guidance (seehttp://water.epa.gov/grants_funding/aisrequirement.cfm).

22.02 AIS CERTIFICATION FORMS - The General Contractor shall provide, to theOwner, the Manufacturer/Supplier Certification forms (from Exhibit E ofSection 00900) either prior to product purchase or when the products aredelivered. The General Contractor(s) shall also provide the Owner with theGeneral Contractor Certification form(s) (from Exhibit E of Section 00900)upon project completion. General Contractor(s) shall ensure that allsubcontractors and manufacturers/suppliers on the project have met the AISrequirements.

22.03 AIS WAIVERS - A waiver from the American Iron and Steel requirements maybe issued by the Administrator of the Environmental Protection Agency if it isfound that: 1) applying the American Iron and Steel provisions would beinconsistent with the public interest; 2) iron and steel products are not producedin the United States in sufficient and reasonably available quantities and of asatisfactory quality; or 3) inclusion of iron and steel products produced in theUnited States will increase the cost of the overall project by more than 25percent. Waiver requests must be submitted to the state for review andsubmittal to the EPA.

22.04 The EPA has issued the following national waivers; 1) De Minimis (April 15,2014), 2) Product Waiver for Pig Iron and Direct Reduced Iron (February 18,2015) and 3) Minor Components in Iron and Steel Products (October 27, 2015).

ARTICLE 23 –DEBARMENT CERTIFICATION

23.01 BIDDER’S attention is directed to Section 1.5.3 (Certification RegardingDebarment, Suspension and Other Responsibility Matters) of Section 00900 withrespect to Certification Regarding Debarment. Federal funding is being utilized onthis project and the successful bidder must provide the debarment certificationstatement at the time of bid opening with the bid and other forms required.

BID BO N DA ny singularreferencetoBidder,S urety,O w nerorotherparty shallbeconsidered pluralw hereapplicable.

BIDDER (N am eandA ddress):

S U R ET Y (N am e,andA ddressofP rincipalP laceofBusiness):

O W N ER (N am eandA ddress):

B IDBidDueDate:Description(P rojectN am e— IncludeL ocation):

BO N DBondN um ber:Date:

P enalsum $(W ords) (Figures)

S urety and Bidder,intending to be legally bound hereby,subject to the term sset forth below ,doeachcausethisBidBondtobeduly executedby anauthorizedofficer,agent,orrepresentative.

BIDDER ____________________________ S U R ET Y ____________________________

(S eal) (S eal)

Bidder’sN am eandCorporateS eal S urety’sN am eandCorporateS ealBy: __________________________________ By:___________________________________

S ignature S ignature(A ttachP ow erofA ttorney)

________________________________ ___________________________________P rintN am e P rintN am eT itle: T itle:

A ttest:_____________________________ A ttest:_______________________________S ignature S ignatureT itle T itle

Note: Addresses are to be used for giving any required notice. Provide execution by any additionalparties, such as joint venturers, if necessary.

1. Bidder and S urety,jointly and severally,bind them selves,their heirs,executors,adm inistrators,successors,and assigns to pay to O w ner upon default ofBidder thepenalsum set forth on the face ofthisBond.P aym ent ofthepenalsum is theextent ofBidder’s and S urety’s liability.R ecovery ofsuch penalsumundertheterm s ofthis BondshallbeO w ner’s soleandexclusiverem edy upon defaultofBidder.

2. Default ofBidder shall occur upon the failure ofBidder to deliver w ithin the tim e required by the

Bidding Docum ents (or any extension thereofagreed to in w riting by O w ner) the executed Agreem entrequired by the Bidding Docum ents and any perform ance and paym ent bonds required by the BiddingDocum ents.

3. T his obligation shallbenullandvoidif:

3.1 O w ner accepts Bidder’s Bidand Bidder delivers w ithin thetim erequired by theBiddingDocum ents(or any extension thereofagreed to in w ritingby O w ner)the executed Agreem ent required by theBidding Docum ents and any perform ance and paym ent bonds required by the Bidding Docum ents,or

3.2 AllBids arerejectedby O w ner,or

3.3 O w nerfails to issueaN oticeofAw ardto Bidderw ithin thetim especifiedin theBiddingDocum ents(or any extension thereofagreed to in w riting by Bidder and,ifapplicable,consented to by S uretyw hen requiredby P aragraph5hereof).

4. P aym ent under this Bond w illbe due and payable upon default ofBidder and w ithin 30 calendar daysafter receipt by Bidder and S urety ofw ritten noticeofdefault from O w ner,w hich noticew illbegiven w ithreasonableprom ptness,identifyingthis BondandtheP rojectandincludingastatem entoftheam ountdue.

5. S urety w aives notice ofany and all defenses based on or arising out ofany tim e extension to issueN oticeofAw ardagreedto in w ritingby O w nerandBidder,providedthatthetotaltim eforissuingN oticeofAw ard including extensions shall not in the aggregate exceed 120 days from the Bid due date w ithoutS urety’s w ritten consent.

6. N o suit or action shallbe com m enced under this Bond prior to 30 calendar days after the notice ofdefault required in P aragraph 4 above is received by Bidder and S urety and in no case later than one yearaftertheBidduedate.

7. Any suitoraction underthis Bondshallbecom m encedonly in acourtofcom petentjurisdiction locatedin thestatein w hichtheP rojectis located.

8. N otices required hereunder shall be in w riting and sent to Bidder and S urety at their respectiveaddresses show n on the face ofthis Bond. S uch notices m ay be sent by personal delivery,com m ercialcourier,or by U nited S tates R egistered or Certified M ail,return receipt requested,postage pre-paid,andshallbedeem edto beeffectiveupon receiptby theparty concerned.

9. S urety shallcauseto beattachedto this Bondacurrentand effectiveP ow er ofAttorney evidencingtheauthority ofthe officer,agent,or representative w ho executed this Bond on behalfofS urety to execute,seal,anddeliversuchBondandbindtheS urety thereby.

10. T his Bond is intended to conform to allapplicable statutory requirem ents.Any applicable requirem entofany applicablestatutethat has been om itted from this Bond shallbedeem ed to beincluded herein as ifset forth at length.Ifany provision ofthis Bond conflicts w ith any applicable statute,then the provision ofsaidstatuteshallgovern andtherem ainderofthis Bondthatis notin conflicttherew ithshallcontinuein fullforceandeffect.

11. T heterm “Bid” as usedherein includes aBid,offer,orproposalas applicable.

EJCDC® C-430,BidBond(P enalS um Form ).P ublished2013.P reparedby theEngineersJointContractDocum entsCom m ittee.

CITY OF RONAN, MONTANA2016 Membrane Filtration - Supplier Qualification - Questionnaire

© M&K Consulting Inc Supplier Qualification Questionnaire 3-26-15

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The City of Ronan, Montana, hereinafter referred to as "Owner" or “District”, isrequesting qualification proposals for Equipment Suppliers related to theproposed 2016 RONAN SWTP - MICROFILTRATION MEMBRANE EQUIPMENTPROCUREMENT Project.

Please Complete this Supplier Qualification Questionnaire and 4 ClientReference Forms (Form A). Deliver with the RFQ package on or before thedate indicated in the RFQ.

If your firm has previously submitted a COMPLETED 2015 Supplier QualificationQuestionnaire within the past twelve months, you may resubmit the appropriateportions of a previous form, plus any changed items. E.g. most recentlycompleted similar type and size projects. Otherwise you must submit a completenewly-completed questionnaire.

Owner: City of Ronan, Montana

Contact Person for Project Questions:

Shari Johnson, PECity [email protected]

NOTE: For purposes of this questionnaire, “Person” is defined as individuals whoconstitute the management of a corporate or other legal entity.Additionally, it includes any individual or other legal entity that: (a)directly or indirectly (e.g. through an affiliate), submits offers for or isawarded, or reasonably may be expected to submit offers for or beawarded, a contract, or a subcontract under a contract; or, (b) conductsbusiness, or reasonably may be expected to conduct business, with theOwner, as an agent or representative of another person.



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PART I: ORGANIZATION, HISTORY, ORGANIZATIONAL PERFORMANCE, ANDCOMPLIANCE WITH CIVIL AND CRIMINAL LAWS

A. COMPANY INFORMATIONDate: _____________Firm Name: _________________________________Firm Address: ________________________________

________________________________________________________________

Phone: ____________________ Cell Phone: _________________Fax Number: _______________Email: ____________________

B. History of the Business and Organizational Performance

1. In the last five (5) years, have there been any changes in ownership of the firm?

□Yes □No (If Yes, explain on a separate signed page)

NOTE: A corporation whose shares are publicly traded is not required toanswer this question.

2. Is the firm a subsidiary or division of another firm?


NOTE: Include information about other subsidiaries/divisions , or if aPerson of your firm holds a similar position in another firm.

3. Are any Persons in your firm associated with any other firms, in any location?


NOTE: Include information about other firms if any Person in your firmholds a similar position in another firm.

4. State your division’s/firm’s gross revenues for the last three (3) years:

Year Endedmm/dd/yyyy

Gross RevenuePercentage of Revenue

from Drinking WaterMembrane sales

5. How many years has your firm been doing business under your present businessname? ______Years



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6. Locations6.1 Which of your firm’s locations will be the primary location for this client?

________________

6.2 Who is the likely Project Manager for this client, from the primary location for thisclient?

Project Manager: _________________

6.3 How many projects are usually assigned to a Project Manager? ________

6..How many projects do you anticipate the above named Project Manager will haveduring the duration of this project? _____________

7. Is your firm currently in bankruptcy proceedings?

□Yes □No

(If Yes, attach a copy of the bankruptcy petition, showing the case number,and the date on which the petition was filed.)

8. If your firm is not currently in bankruptcy proceedings, has your firm filed forbankruptcy in the last five (5) years?

□Yes □No

(If Yes, attach a copy of the bankruptcy petition showing the case numberand the date on which the petition was filed, a copy of the BankruptcyCourt’s discharge order, or if no discharge order was issued, any otherdocument that ended the case.)

Licenses9. List all accreditations, classifications and expiration dates held by your firm and/or its

Persons:

Name License # ClassificationExpiration Datemm/dd/yyy

9.1 If any of your firm’s license(s) are held in the name of a corporation orpartnership, list the names of the qualifying individual(s) who meet(s) theexperience and examination requirements for each license.______________________________ __________________________________________________________ ____________________________



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9.2 In the last five (5) years, has your firm changed names or license numbers?

□Yes □No

(If Yes, explain on a separate signed page, including the reason for the change)

9.3. In the last ten (10) years, has any Person in your firm operated a firm under anyother name in any state or country?

□Yes □No

(If Yes, list and explain on a separate signed page.)

9.4. In the last five (5) years, has any license held by your firm(s) for its Persons orResponsible Managing Employee (RME) or Responsible Managing Officer(RMO) been suspended or revoked?

□Yes □No

(If Yes, list and explain on a separate signed page)

Disputes10. In the last five (5) years, has your firm been assessed and paid liquidated damages

after completion of a project under contract with either a public or private ownerbecause of a delay not contemplated during the bid process?

□Yes □No

(If Yes, explain on a separate signed page, identifying all such projects byowner, owner’s address, the date of completion of the project, amount ofliquidated damages assessed and all other information necessary to fully explainthe assessment of liquidated damages.)

11. In the last five (5) years, has your firm, or any firm associated with your firm’sPersons, been debarred, disqualified, removed or otherwise prevented from biddingon, or completing, any government agency or for any reason?

□Yes □No

(If Yes, explain on a separate signed page. State whether the firm involved wasthe firm applying for qualification here or another firm. Identify by, name of thecompany, the Person in your firm who was associated with that company, theyear of the event, the owner of the project and the basis for the action.)

12. In the last five (5) years, has your firm been denied an award of a public workscontract, in any state, based on a finding that your firm was not a responsiblebidder?

□Yes □No



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(If Yes, for each instance, explain on a separate signed page. Identify the year ofthe event, the owner, the project and the basis for the finding by the publicagency.)

13. In the last five (5) years, have any complaints been filed in court against your firmconcerning your firm’s work or supplied product?

□Yes □No

(If Yes, on separate signed pages, identify the complaint(s) by providing theproject name, date of the complaint, name of the plaintiff, a brief description ofthe nature of the complaint, the court in which the case was filed and a briefdescription of the status of the complaint pending or, if resolved, of theresolution.)

14. In the last five (5) years, has your firm filed a complaint in court against a projectowner concerning work on a project or payment for a contract?

□Yes □No

(If Yes, on separate signed pages, identify the complaint(s) by providing theproject name, date of the complaint, name of the entity (or entities) against whomthe complaint was filed, a brief description of the nature of the complaint, thecourt in which the case was filed and a brief description of the status of the claimpending or, if resolved, of the resolution.)

15. In the last five (5) years, has any surety company made any payments, on yourfirm’s behalf, to satisfy any claims made against a performance or payment bondissued in connection with a project, either public or private?

□Yes □No

(If yes, explain on separate signed pages)

16. Has your firm, or any Person, ever been found liable in a civil action for making anyfalse claim or material misrepresentation to any public agency or entity?

□Yes □No

(If Yes, explain on separate signed pages)



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17. Has your firm ever been awarded a public works contract in which you “failed toexecute”a contract?

Note: “Failure to Execute” would apply if the prospective bidder hascommitted any one of the following: (1) Refusal to pick up, sign,and/or return contract documents; (2) Inability to obtain insuranceand/or bond requirements; or (3) Failure to submit requiredagreement forms.

□Yes □No


18. Within the past 5 years, has your firm been involved in 5 or more of any combinationof the following: lawsuits; penalty hearings; arbitrations; writ proceedings; and/orconstruction claims which were determined to be unfounded or without merit?

□Yes □No


Principal Individuals

19. Does your firm or its affiliates/subsidiaries or any of the principal/key individuals ofyour firm/organization or its affiliates/subsidiaries have a professional, business orpersonal relationship with any of the owner’s employees, manager, consultants,attorneys, engineer or engineering firm, inspector or governing body (e.g. Boardmember, mayor, department head)?

□Yes □No




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Principal Individuals; Component Integration (CI) Experience20. What is the Component Integration (CI) experience of thekey individuals of your

organization? List those proposed for this project first.

Name PresentPosition

On thisprojectY/N

Yrs of CIExperience

Magnitude/Typeof Work

In WhatCapacity?

Add additional pages if necessary.



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PART II: ESSENTIAL REQUIREMENTS FOR QUALIFICATION

NOTE: For purposes of this questionnaire, “Person” is defined as individuals whoconstitute the management of a corporate or other legal entity.Additionally, it includes any individual or other legal entity that: (a)directly or indirectly (e.g. through an affiliate), submits offers for or isawarded, or reasonably may be expected to submit offers for or beawarded, a contract, or a subcontract under a contract; or, (b) conductsbusiness, or reasonably may be expected to conduct business, with theOwner, as an agent or representative of another person.

1. In the last five years, has any Person in your firm had their license revoked?

□Yes □No

2. In the last five (5) years, has your firm, or any Person, been convicted of a crimeinvolving the awarding of a contract of a government (local, state or federal) project,or the bidding or performance of a government contract?

□Yes □No

3. In the last five (5) years, has your firm, or any Person, been “defaulted” or“terminated”by an owner (other than for convenience of the project owner) or hasyour surety completed a contract for your firm?

□Yes □No

4. At the time of submitting this qualification form, is your firm, or any Person, ineligibleto bid on or be awarded any public works contract, or perform as a subcontractor ona public works contract in any state?

□Yes □No

If the answer is “Yes”, state the beginning and ending dates of the period ofdebarment or non-responsibility:_______________________________________________________

5. Has your firm, or any Person, ever been found guilty in a criminal action, for makingany false claim or material misrepresentation to any public agency or entity?




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6. Has your firm, or any Person, ever had criminal proceedings filed in which the firm orPerson was and/or is named as a defendant?


7. In the last ten (10) years, has your firm, or any Person, ever been convicted of acrime involving any federal, state or local law related to Component Integration,including acts of dishonesty?

□Yes □No

8. Has your firm, or any Person or employee, ever been involved in a contractdispute(s), with any firm or public entity, involving harassment, physical violence,threats of physical violence, use of profanity or any other form of disrespect to theowner, owner’s representative, owner’s employees, owner’s engineer or inspector?

□Yes □No

It the answer is “yes”, provide the dates, the contracting party (owner), names of thePersons or employees involved, details of the dispute(s), and the outcome/resolutionof each dispute.Add additional signed pages if necessary. For each dispute provide the items below.

Dates of dispute: ______________Owner: ______________________Company Name: _________________Names of Persons and employees involved: _________________

___________________________________________________

Details of the dispute: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Dispute outcome/resolution: _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________



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PART III: RECENT WATER PROJECTS COMPLETED

In the table below, list the eight (8) most recently completed Water projects of similar sizeand type to this RFP, in the last Five (5) years, in any state (Category #1). List from themost recently completed project first. I.e. descending order by date.

If the RFP responding firm did not have eight (8) Water projects in the last five (5) years,then, following the list of Water projects, list the most recently completed similar projects, indescending date order, where the completed project’s ownership was turned over to apublic entity, such as a City. (E.g. developer subdivision turned over to City for O&M)(Category #2).

If there are not a total of eight (8) Category #1 or Category #2 projects, finish the list withsimilar private projects most recently completed in the last five (5) years. (Category #3).

CompletionDate (mm/yy)

Project Name Project Description Final TotalDollar Value

Category#1, #2 or #3?



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Using FORM A provided, please provide the following information for:

The FOUR (4) MOST RECENT Category #1 Water projects,(from the previous page). If there are not Four (4) Category #1projects add Category #2 projects. If there are not Four (4)Category #1 and Category #2 projects, add Category #3projects. Names, references and phone numbersmust be current and verifiable.

References will be contacted and interviewed. If the Owner is not able to contact areference at the given phone number, that reference will not be used or considered in theevaluation. The contractor may be required to submit additional FORM As in this instance.Form A includes the following:

Project Name Original Scheduled Completion Date Actual Completion Date

Location Owner Owner Contact (name, phone number and email)

Engineer Contact (name and phone number)

General Contractor (name and phone number)

Component Supplier’s Manager (name and phone number)

Description of Project, Scope of Work Performed

Initial Contracted Dollar Amount for Component Supplier’s Equipment

Number of approved Component Supplier submitted Change Orders

Final Cost of Component Supplier’s Equipment (Including Change Orders)

Number of revised Component Supplier’s Progress Schedules submitted to theOwner and Engineer for approval.

Time Extension Requested by Component Supplier and Granted (number of days)

Note: The Owner reserves the right to check all other available sources.


Signature Page


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* * * * * * * *

I, the undersigned, certify and declare that I have read the qualification questionnaireand all its contents. I further declare that I have answered, or caused to beanswered, all questions, based on my knowledge and belief, and that they are trueand correct.

_________________________________ _____________Name and Title Date

If someone other than the above signer completed this form, please print name andtitle here:

_________________________________Name and Title

CITY OF RONAN, MONTANA2016 WW Improvement - Supplier Qualification - Questionnaire

FORM A - A total of 4 are required. Copy as needed.


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Component Supplier’s Firm/Division Name: ______________________

MOST RECENT WATER PROJECTS SUBSTANTIALLY COMPLETED throughconstruction: Project Name: ____________________________ Original Scheduled Completion Date (mm/dd/yyyy): ______________ Actual Completion Date (mm/dd/yyyy): ______________ Location: (e.g. city, state) _______________ Owner: Entity Name: __________________ Contact: ________________________

Contact: Phone: ________________ Email: _______________________ Engineer: Firm_____________________ Engineer’s Name: ___________________

Contact: Phone: ______________ _ Email: ___________________ General Contractor: ________________ Construction Manager: ______________

Contact: Phone: ________________ Email: __________________ Component Supplier’s Project Manager: ______________

Contact: Phone: ________________ Email: __________________ Description of Project, Scope of Work Performed:

Initial Contract Dollar Value of Supplied Components $____________. Final Total Dollar Value of Supplied Components (including change orders) $_________. Supplier Requested Change Orders.

Number of approved Supplier Requested Change Orders: __________ Total Dollar Value of approved Supplier Requested Change Orders: $__________ Number of unapproved Supplier Requested Change Orders:__________. Total Dollar Value of unapproved Supplier Requested Change Orders: $__________

Owner Requested Supplier Change Orders. Number of approved Owner Requested Change Orders: __________ Total Dollar Value of approved Owner Requested Change Orders: $__________

Number of revised Progress Schedules submitted for approval: _____ Time Extension Granted Supplier (number of days): ________


___________________________________________________________________




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___________________________________________________________________




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___________________________________________________________________




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___________________________________________________________________


ADDITIONAL INFORMATION FORM (copy as needed)


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SupplementalInformation forPage #

ITEM# EXPLANATION/INFORMATION

_________________________________ _____________Signature - Name and Title Date

If someone other than the above signer completed this form, please print name and titlehere:_________________________________Name and Title


ADDITIONAL INFORMATION FORM (copy as needed)


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SupplementalInformation forPage #

ITEM# EXPLANATION/INFORMATION

_________________________________ _____________Signature - Name and Title Date

If someone other than the above signer completed this form, please print name and titlehere:_________________________________Name and Title

AGREEMENT/ CONDITIONS

EJCDC P-520, Agreement Between Buyer and Seller for Procurement Contracts.Copyright © 2010 National Society of Professional Engineers, American Council of Engineering Companies,American Society of Civil Engineers, and Associated General Contractors of America. All rights reserved.

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This document has important legal consequences; consultation with an attorney is encouraged withrespect to its use or modification. This document should be adapted to the particular circumstances ofthe contemplated Project and the controlling Laws and Regulations.

AGREEMENT BETWEENBUYER AND SELLER

FOR PROCUREMENT CONTRACTS

Prepared by

and

Issued and Published Jointly by

AMERICAN COUNCIL OF ENGINEERING COMPANIES______________________

AMERICAN SOCIETY OF CIVIL ENGINEERS_______________________

ASSOCIATED GENERAL CONTRACTORS OF AMERICA______________________




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Copyright © 2010:


(703) 684-2882www.nspe.org

American Council of Engineering Companies1015 15th Street, N.W., Washington, DC 20005

(202) 347-7474www.acec.org


(800) 548-2723www.asce.org


(703) 548-3118www.agc.org

The copyright for EJCDC P-520 is owned jointly by the four EJCDC sponsoring organizations listedabove. The National Society of Professional Engineers (NSPE) is the Copyright Administrator for theEJCDC documents; please direct all inquiries and requests regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the four sponsoringorganizations above.

This Agreement Between Buyer and Seller for Procurement Contracts has been prepared for usewith the Standard General Conditions for Procurement Contracts (EJCDC P-700, 2010 Edition).Their provisions are interrelated, and a change in one may necessitate a change in the others. Thesuggested wording contained in the Suggested Instructions to Bidders for Procurement Contracts(EJCDC P-200, 2010 Edition), the Suggested Bid Form for Procurement Contracts (EJCDC P-400,2010 Edition), and the Guide to the Preparation of Supplementary Conditions for ProcurementContracts (EJCDC P-800, 2010 Edition) is also carefully interrelated with the wording of thisAgreement.


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TABLE OF CONTENTS

Article 1 – GOODS AND SPECIAL SERVICES................................................................................... 2

Article 2 – THE PROJECT .................................................................................................................... 2

Article 3 – ENGINEER.......................................................................................................................... 2

Article 4 – POINT OF DESTINATION................................................................................................. 2

Article 5 – CONTRACT TIMES............................................................................................................ 2

Article 6 – CONTRACT PRICE ............................................................................................................ 4

Article 7 – PAYMENT PROCEDURES ................................................................................................ 4

Article 8 – INTEREST........................................................................................................................... 5

Article 9 – SELLER’S REPRESENTATIONS....................................................................................... 5

Article 10 – CONTRACT DOCUMENTS ............................................................................................. 6

Article 11 – MISCELLANEOUS........................................................................................................... 7

EJCDC P-520, Agreement Between Buyer and Seller for Procurement Contracts.Copyright © 2010 National Society of Professional Engineers, American Council of Engineering Companies,

American Society of Civil Engineers, and Associated General Contractors of America. All rights reserved.EXHIBIT A-2 - Page 1



AGREEMENT

THIS AGREEMENT is by and between CITY OF RONAN, 207 Main St SW, Ste A, Ronan, MT

59864 (“Buyer”) and

(“Seller”).

Buyer and Seller hereby agree as follows:

ARTICLE 1 – GOODS AND SPECIAL SERVICES

1.01 Seller shall furnish the Goods and Special Services as specified or indicated in the ContractDocuments.

ARTICLE 2 – THE PROJECT

2.01 The Project, of which the Goods and Special Services may be the whole or only a part, isidentified as follows:

RONAN SWTP- MICROFILTRATION MEMBRANE EQUIPMENT PROCUREMENT

ARTICLE 3 – ENGINEER

3.01 The Contract Documents for the Goods and Special Services have been prepared by SHARIA. JOHNSON & ASSOCIATES ENGINEERING, PLLC ("Engineer"), which is to act asBuyer's representative, assume all duties and responsibilities, and have the rights andauthority assigned to Engineer in the Contract Documents in connection with Seller’sfurnishing of Goods and Special Services.

ARTICLE 4 – POINT OF DESTINATION

The Point of Destination is designated as:

Ronan, Montana at field site of current surface water treatment facility.

ARTICLE 5 – CONTRACT TIMES

5.01 Time of the Essence

A. All time limits for Milestones, if any, including the submittal of Shop Drawings andSamples, the delivery of Goods, and the furnishing of Special Services as stated in theContract Documents, are of the essence of the Contract.



5.02 Milestones

A. Days for Submittal of Shop Drawings and Samples: Seller shall submit all ShopDrawings and Samples required by the Contract Documents to Buyer for Engineer’sreview and approval within 30 Calendar days after the date when the Contract Timescommence to run as provided in Paragraph 2.04 of the General Conditions. It is theintent of the parties that (1) Engineer conduct such review and issue its approval, or adenial accompanied by substantive comments regarding information needed to gainapproval, within 30 Calendar days of Seller's submittal of such Shop Drawings andSamples; and (2) resubmittals be limited whenever possible. If more than oneresubmittal is necessary for reasons not the fault and beyond the control of Seller, thenSeller shall be entitled to seek appropriate relief under Paragraph 7.02.B of the GeneralConditions.B. Date for Delivery of Goods: The G oodsare tobe delivered tothe

Point of D estinationand ready for Buyer’s receipt of delivery onapproxim ately July 1,2017 (or as requested by the Buyer tocoordinate com pletionofthe filtrationbuilding addition.

5.03 Buyer's Final Inspection

A. Days to Achieve Final Inspection: Buyer shall make its final inspection of the Goodspursuant to Paragraph 8.01.C of the General Conditions within 10 Calendar days afterBuyer's acknowledgement of receipt of delivery of the Goods and Seller's completion ofsystem start up and training.

5.04 Liquidated Damages

A. Buyer and Seller recognize that Buyer will suffer financial loss if the Goods are notdelivered at the Point of Destination and ready for receipt of delivery by Buyer within thetimes specified in Paragraph 5.02 above, plus any extensions thereof allowed inaccordance with Article 7 of the General Conditions. The parties also recognize that thetimely performance of services by others involved in the Project is materially dependentupon Seller’s specific compliance with the requirements of Paragraph 5.02. Further, theyrecognize the delays, expense, and difficulties involved in proving the actual loss sufferedby Buyer if complete acceptable Goods are not delivered on time. Accordingly, insteadof requiring such proof, Buyer and Seller agree that as liquidated damages for delay (butnot as a penalty) Seller shall pay Buyer $1000 for each day that expires after the timespecified in Paragraph 5.02.B for delivery of acceptable Goods.



ARTICLE 6 – CONTRACT PRICE

6.01 Buyer shall pay Seller for furnishing the Goods and Special Services in accordance with theContract Documents as follows:

A. The prices stated in Seller’s Bid, attached hereto as an exhibit.

ARTICLE 7 – PAYMENT PROCEDURES

7.01 Submittal and Processing of Payment

A. Seller shall submit Applications for Payment in accordance with Article 10 of theGeneral Conditions. Applications for Payment will be processed by Engineer asprovided in the General Conditions.

7.02 Progress Payments; Retainage

A. Buyer shall make progress payments on account of the Contract Price on the basis ofSeller’s Applications for Payment submitted in accordance with Paragraph 10.01.A of theGeneral Conditions and accompanied by Engineer’s recommendation of payment inaccordance with Paragraph 10.02.A of the General Conditions as follows:

1. Upon execution of the Agreement, 10% of the total bid will be paid.

2. Upon approval of shop drawings, 20% of the total bid will be paid for a totalpayment of 30% of the total bid.

3. Upon receipt of the equipment another 50% of the total bid shall be paid for a totalpayment of 80%.

4. Upon acceptance by Buyer of Affidavit of Completion another 15% will be paidfor a total payment of 95%.

5. Upon 45 calendar days of operation by the Buyer or date of accepted Affidavit ofCompletion, whichever is sooner, the final 5% will be paid.

7.03 Final Payment

A. Upon receipt of the final Application for Payment accompanied by Engineer’srecommendation of payment, Buyer shall pay Seller the amount recommended byEngineer, less any sum Buyer is entitled to set off against Engineer's recommendation,including but not limited to liquidated damages.



ARTICLE 8 – INTEREST

8.01 All monies not paid when due as provided in Article 10 of the General Conditions shall bearinterest at the statutory rate and payable in accordance with the law of the State of Montana.

ARTICLE 9 – SELLER’S REPRESENTATIONS

9.01 In order to induce Buyer to enter into this Agreement, Seller makes the followingrepresentations:

A. Seller has examined and carefully studied the Contract Documents and the other relateddata identified in the Bidding Documents, as applicable to Seller's obligations identifiedin Article 1 above.

B. If required by the Bidding Documents to visit the Point of Destination and site where theGoods are to be installed or Special Services will be provided, or if, in Seller’s judgment,any local condition may affect cost, progress, or the furnishing of the Goods and SpecialServices, Seller has visited the Point of Destination and site where the Goods are to beinstalled or Special Services will be provided and become familiar with and is satisfied asto the observable local conditions that may affect cost, progress, and the furnishing of theGoods and Special Services.

C. Seller is familiar with and is satisfied as to all Laws and Regulations that may affect cost,progress, and the furnishing of the Goods and Special Services.

D. Seller has carefully studied, considered, and correlated the information known to Seller;information commonly known to sellers of similar goods doing business in the locality ofthe Point of Destination and the site where the Goods will be installed or where SpecialServices will be provided; information and observations obtained from Seller’s visits, ifany, to the Point of Destination and site where the Goods are to be installed or Serviceswill be provided; and any reports and drawings identified in the Bidding Documentsregarding the Point of Destination and the site where the Goods will be installed or whereSpecial Services will be provided, with respect to the effect of such information,observations, and documents on the cost, progress, and performance of Seller'sobligations under the Contract Documents.

E. Seller has given Engineer written notice of all conflicts, errors, ambiguities, ordiscrepancies that Seller has discovered in the Contract Documents, and the writtenresolution (if any) thereof by Engineer is acceptable to Seller.

F. The Contract Documents are generally sufficient to indicate and convey understanding ofall terms and conditions



ARTICLE 10 – CONTRACT DOCUMENTS

10.01 Contents

A. The Contract Documents consist of the following:

1. This Agreement (pages __ to , inclusive);

2. Performance Bond (pages to , inclusive);

3. Payment Bond (pages ____ to ____, inclusive);

4. Other bonds

a. (pages to , inclusive);

b. (pages to , inclusive);

c. (pages to , inclusive);

5. General Conditions (pages to , inclusive);

6. Supplementary Conditions (pages to , inclusive);

7. Specifications as listed in table of contents of the Project Manual;

8. Drawings, consisting of a cover sheet and sheets numbered through ,inclusive, with each sheet bearing the following general title:

9. Addenda (Numbers to , inclusive);

10. Exhibits to this Agreement (enumerated as follows):

a. Exhibit A-1 to Agreement between Buyer and Seller dated ,Assignment of Contract; Consent to Assignment; and Acceptance of Assignment.

b. Exhibit A-2 to Agreement between Buyer and Seller dated ,Agreement to Assignment by Seller’s Surety.

c. Seller’s Bid, solely as to the prices set forth therein (pages to , inclusive);

d. Documentation submitted by Seller prior to Notice of Award (pages to ,inclusive);

e. _____________________ ;



11. The following which may be delivered or issued on or after the Effective Date of theAgreement and are not attached hereto:

a. Notice to Proceed;

b. Change Order(s);

c. Work Change Directive(s).

B. The documents listed in Paragraph 10.01.A are attached to this Agreement (except asexpressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 10.

D. The Contract Documents may only be amended, or supplemented as provided inParagraph 3.04 of the General Conditions.

ARTICLE 11 – MISCELLANEOUS

11.01 Terms

A. Terms used in this Agreement will have the meanings indicated in the GeneralConditions and the Supplementary Conditions.

11.02 Assignment of Contract

A. No assignment by a party hereto of any rights under or interests in the ContractDocuments will be binding on another party hereto without the written consent of theparty sought to be bound. Specifically but without limitation, moneys that may becomedue and moneys that are due may not be assigned without such consent (except to theextent that the effect of this restriction may be limited by Laws and Regulations). Unlessspecifically stated to the contrary in any written consent to such an assignment, such anassignment will not release or discharge the assignor from any duty or responsibilityunder the Contract Documents.

11.03 Successors and Assigns

A. Buyer and Seller each binds itself, its partners, successors, assigns, and legalrepresentatives to the other party hereto, its partners, successors, assigns, and legalrepresentatives in respect to all covenants, agreements, and obligations contained in theContract Documents.

11.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable underany Law or Regulation shall be deemed stricken and all remaining provisions shallcontinue to be valid and binding upon Buyer and Seller. The Contract Documents shall



be reformed to replace such stricken provision or part thereof with a valid andenforceable provision that comes as close as possible to expressing the intention of thestricken provision.

11.05 Seller’s Certifications

A. Seller certifies that it has not engaged in corrupt, fraudulent, collusive, or coercivepractices in competing for or in executing the Contract. For the purposes of thisParagraph 11.05:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing ofvalue likely to influence the action of a public official in the bidding process or in theContract execution;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) toinfluence the bidding process or the execution of the Contract to the detriment ofBuyer, (b) to establish Bid or Contract prices at artificial non-competitive levels, or(c) to deprive Buyer of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders,with or without the knowledge of Buyer, a purpose of which is to establish Bid pricesat artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly,persons or their property to influence their participation in the bidding process oraffect the execution of the Contract.

11.06 Limitations

A. Buyer and Seller waive against each other, and against the other’s officers, directors,members, partners, employees, agents, consultants, and subcontractors, any and all claimsfor or entitlement to incidental, indirect, or consequential damages arising out of,resulting from, or related to the Contract. The terms of this mutual waiver do not applyto or limit any claim by either Buyer or Seller against the other based on any of thefollowing: (a) contribution or indemnification, (b) costs, losses, or damages attributableto personal or bodily injury, sickness, disease, or death, or to injury to or destruction ofthe tangible property of others, (c) intentional or reckless wrongful conduct, or (d) rightsconferred by any bond provided by Seller under this Contract.

B. Upon assignment the terms of this Paragraph 11.06.B shall be binding upon both theassignor and assignee with respect to Seller's liability, and upon Seller with respect toboth assignor's and assignee's liabilities. The terms of this mutual limitation do not applyto or limit any claim by either Buyer or Seller against the other based on any of thefollowing: (a) contribution or indemnification with respect to third-party claims, losses,and damages; (b) costs, losses, or damages attributable to personal or bodily injury,sickness, disease, or death, or to injury to or destruction of the tangible property of others,



(c) intentional or reckless wrongful conduct, or (d) rights conferred by any bond providedby Seller under this Contract.

11.07 Other Provisions



IN WITNESS WHEREOF, Buyer and Seller have signed this Agreement. Counterparts have beendelivered to Buyer and Seller. All portions of the Contract Documents have been signed or identified byBuyer and Seller or on their behalf.

This Agreement will be effective on _______________(which is the Effective Date of the Agreement).

Buyer: CITY OF RONAN Seller:

By: By:[Corporate Seal]

Attest: Attest:

Address for giving notice: Address for giving notice:

Agent for service of process:

(If Seller is a corporation or a partnership,attach evidence of authority to sign.)

Designated Representative: Designated Representative:

Name: Name:Title: Title:

Address: Address:Phone: Phone:

Facsimile: Facsimile:

EJCDC P-700, Standard General Conditions for Procurement Contracts.Copyright © 2010 National Society of Professional Engineers, American Council of Engineering Companies,

American Society of Civil Engineers, and Associated General Contractors of America. All rights reserved.Page i

This document has important legal consequences; consultation with an attorney is encouraged withrespect to its use or modification. This document should be adapted to the particular circumstances ofthe contemplated Project and the controlling Laws and Regulations.

STANDARD GENERAL CONDITIONSFOR PROCUREMENT CONTRACTS

Prepared by

and

Issued and Published Jointly by

AMERICAN COUNCIL OF ENGINEERING COMPANIES______________________

AMERICAN SOCIETY OF CIVIL ENGINEERS_______________________

ASSOCIATED GENERAL CONTRACTORS OF AMERICA______________________




American Society of Civil Engineers, and Associated General Contractors of America. All rights reserved.Page ii

These Standard General Conditions for Procurement Contracts have been prepared for use with theSuggested Instructions to Bidders for Procurement Contracts (EJCDC P-200, 2010 Edition), theAgreement Between Buyer and Seller for Procurement Contracts (EJCDC P-520, 2010 Edition), and theGuide to Preparation of Supplementary Conditions for Procurement Contracts (EJCDC P-800, 2010Edition). Their provisions are interrelated and a change in one may necessitate a change in the others.Additional information concerning the use of the EJCDC Procurement Documents may be found in theCommentary on Procurement Documents (EJCDC P-001, 2010 Edition).

Copyright © 2010:


(703) 684-2882http://www.nspe.org

American Council of Engineering Companies1015 15th Street N.W., Washington, DC 20005

(202) 347-7474http://www.acec.org


(800) 548-2723http://www.asce.org


(703) 548-3118www.agc.org

The copyright for EJCDC P-700 is owned jointly by the four EJCDC sponsoring organizations listedabove. The National Society of Professional Engineers (NSPE) is the Copyright Administrator for theEJCDC documents; please direct all inquiries and requests regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the four sponsoringorganizations above.


American Society of Civil Engineers, and Associated General Contractors of America. All rights reserved.Page i

TABLE OF CONTENTSPage

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY...................................................................... 11.01 Defined Terms ....................................................................................................................... 11.02 Terminology .......................................................................................................................... 4

ARTICLE 2 - PRELIMINARY MATTERS........................................................................................ 52.01 Delivery of Bonds.................................................................................................................. 52.02 Evidence of Insurance............................................................................................................ 52.03 Copies of Documents............................................................................................................. 52.04 Commencement of Contract Times; Notice to Proceed........................................................... 52.05 Designated Representatives.................................................................................................... 52.06 Progress Schedule .................................................................................................................. 52.07 Preliminary Conference ......................................................................................................... 62.08 Safety ................................................................................................................................. 6

ARTICLE 3 - CONTRACT DOCUMENTS: INTENT AND AMENDING ........................................ 63.01 Intent ..................................................................................................................................... 63.02 Standards, Specifications, Codes, Laws and Regulations. ....................................................... 63.03 Reporting and Resolving Discrepancies ................................................................................. 73.04 Amending and Clarifying Contract Documents ...................................................................... 7

ARTICLE 4 - BONDS AND INSURANCE........................................................................................ 84.01 Bonds .................................................................................................................................... 84.02 Insurance ............................................................................................................................... 84.03 Licensed Sureties and Insurers ............................................................................................. 11

ARTICLE 5 - SELLER’S RESPONSIBILITIES............................................................................... 115.01 Supervision and Superintendence......................................................................................... 115.02 Labor, Materials and Equipment .......................................................................................... 115.03 Laws and Regulations .......................................................................................................... 115.04 Or Equals............................................................................................................................. 125.05 Taxes ................................................................................................................................... 135.06 Shop Drawings and Samples ................................................................................................ 135.07 Continuing Performance ...................................................................................................... 145.08 Seller’s Warranties and Guarantees...................................................................................... 145.09 Indemnification.................................................................................................................... 165.10 Delegation of Professional Design Services ......................................................................... 16

ARTICLE 6 - SHIPPING AND DELIVERY .................................................................................... 176.01 Shipping .............................................................................................................................. 176.02 Delivery............................................................................................................................... 176.03 Risk of Loss......................................................................................................................... 176.04 Progress Schedule ................................................................................................................ 18

ARTICLE 7 - CHANGES: SCHEDULE AND DELAY ................................................................... 187.01 Changes in the Goods and Special Services.......................................................................... 187.02 Changing Contract Price or Contract Times ......................................................................... 18


American Society of Civil Engineers, and Associated General Contractors of America. All rights reserved.Page ii

ARTICLE 8 - BUYER’S RIGHTS.................................................................................................... 198.01 Inspections and Testing........................................................................................................ 198.02 Non-Conforming Goods or Special Services ........................................................................ 208.03 Correction Period................................................................................................................. 22

ARTICLE 9 - ROLE OF ENGINEER............................................................................................... 229.01 Duties and Responsibilities .................................................................................................. 229.02 Clarifications and Interpretations ......................................................................................... 229.03 Authorized Variations .......................................................................................................... 229.04 Rejecting Non-Conforming Goods and Special Services ...................................................... 229.05 Decisions on Requirements of Contract Documents ............................................................. 229.06 Claims and Disputes ............................................................................................................ 23

ARTICLE 10 - PAYMENT .............................................................................................................. 2410.01 Applications for Progress Payments ..................................................................................... 2410.02 Review of Applications for Progress Payments .................................................................... 2410.03 Amount and Timing of Progress Payments........................................................................... 2410.04 Suspension of or Reduction in Payment ............................................................................... 2510.05 Final Application for Payment ............................................................................................. 2510.06 Final Payment ...................................................................................................................... 2510.07 Waiver of Claims ................................................................................................................. 26

ARTICLE 11 - CANCELLATION, SUSPENSION, AND TERMINATION .................................... 2611.01 Cancellation......................................................................................................................... 2611.02 Suspension of Performance by Buyer................................................................................... 2611.03 Suspension of Performance by Seller ................................................................................... 2611.04 Breach and Termination....................................................................................................... 27

ARTICLE 12 - LICENSES AND FEES............................................................................................ 2812.01 Intellectual Property and License Fees ................................................................................. 2812.02 Seller’s Infringement ........................................................................................................... 2812.03 Buyer’s Infringement ........................................................................................................... 2912.04 Reuse of Documents ............................................................................................................ 2912.05 Electronic Data .................................................................................................................... 29

ARTICLE 13 - DISPUTE RESOLUTION ........................................................................................ 3013.01 Dispute Resolution Method.................................................................................................. 30

ARTICLE 14 - MISCELLANEOUS ................................................................................................. 3114.01 Giving Notice ...................................................................................................................... 3114.02 Controlling Law................................................................................................................... 3114.03 Computation of Time ........................................................................................................... 3114.04 Cumulative Remedies .......................................................................................................... 3114.05 Survival of Obligations ........................................................................................................ 3114.06 Entire Agreement................................................................................................................. 31

EJCDC P-700 Standard General Conditions for Procurement ContractsCopyright © 2010 National Society of Professional Engineers, American Society of Civil Engineers,

American Council of Engineering Companies, and Associated General Contractors of America. All rights reserved.Page 1

STANDARD GENERAL CONDITIONSFOR PROCUREMENT CONTRACTS

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Whenever used in the Bidding Requirements or Contract Documents and printed with initial capitalletters, the terms listed below will have the meanings indicated which are applicable to the singular orplural thereof. In addition to terms specifically defined, terms with initial capital letters in theContract Documents include references to identified articles and paragraphs, and the titles of otherdocuments or forms.

1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify,correct, or change the Bidding Requirements or the proposed Contract Documents.

2. Agreement—The written instrument signed by both Buyer and Seller covering the Goods andSpecial Services and which lists the Contract Documents in existence on the Effective Date ofthe Agreement.

3. Application for Payment—The form acceptable to Buyer which is used by Seller in requestingprogress and final payments and which is accompanied by such supporting documentation as isrequired by the Contract Documents.

4. Bid— The offer or proposal of a Seller submitted on the prescribed form setting forth the pricesfor the Goods and Special Services to be provided.

5. Bidder—The individual or entity that submits a Bid directly to Buyer.

6. Bidding Documents—The Bidding Requirements and the proposed Contract Documents(including all Addenda).

7. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bidsecurity of acceptable form, if any, and Bid Form with any supplements.

8. Buyer—The individual or entity purchasing the Goods and Special Services.

9. Change Order—A document which is signed by Seller and Buyer and authorizes an addition,deletion, or revision to the Contract Documents or an adjustment in the Contract Price or theContract Times, issued on or after the Effective Date of the Agreement. Change Orders maybe the result of mutual agreement by Buyer and Seller, or of resolution of a Claim.

10. Claim—A demand or assertion by Buyer or Seller seeking an adjustment of Contract Price orContract Times, or both, or other relief with respect to the terms of the Contract. A demandfor money or services by a third party is not a Claim.



11. Contract—The entire and integrated written agreement between Buyer and Seller concerningthe Goods and Special Services. The Contract supersedes prior negotiations, representations,or agreements, whether written or oral.

12. Contract Documents—Those items so designated in the Agreement. Shop Drawings and otherSeller submittals are not Contract Documents, even if accepted, reviewed, or approved byEngineer or Buyer.

13. Contract Price—The moneys payable by Buyer to Seller for furnishing the Goods and SpecialServices in accordance with the Contract Documents as stated in the Agreement.

14. Contract Times—The times stated in the Agreement by which the Goods must be deliveredand Special Services must be furnished.

15. Drawings—That part of the Contract Documents prepared or approved by Engineer whichgraphically shows the scope, extent, and character of the Goods and Special Services to befurnished by Seller. Shop Drawings and other Seller submittals are not Drawings as sodefined.

16. Effective Date of the Agreement—The date indicated in the Agreement on which it becomeseffective, but if no such date is indicated, it means the date on which the Agreement is signedand delivered by the last of the two parties to sign and deliver.

17. Engineer—The individual or entity designated as such in the Agreement.

18. Field Order—A written order issued by Engineer which requires minor changes in the Goodsor Special Services but which does not involve a change in the Contract Price or ContractTimes.

19. General Requirements—Sections of Division 1 of the Specifications. The GeneralRequirements pertain to all sections of the Specifications.

20. Goods—The tangible and movable personal property that is described in the ContractDocuments, regardless of whether the property is to be later attached to realty.

21. Goods and Special Services—The full scope of materials, equipment, other items, and servicesto be furnished by Seller, including Goods, as defined herein, and Special Services, if any, asdefined herein. This term refers to both the Goods and the Special Services, or to either theGoods or the Special Services, and to any portion of the Goods or the Special Services, as thecontext requires.

22. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations,ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, andcourts having jurisdiction.



23. Milestone—A principal event specified in the Contract Documents relating to an intermediatecompletion date or time prior to the Contract Times.

24. Notice of Award—The written notice by Buyer to the Successful Bidder stating that upontimely compliance by the Successful Bidder with the conditions precedent listed therein, Buyerwill sign and deliver the Agreement.

25. Notice to Proceed—A written notice given by Buyer to Seller fixing the date on which theContract Times commence to run and on which Seller shall start to perform under the Contract.

26. Point of Destination—The specific address of the location where delivery of the Goods shallbe made, as stated in the Agreement.

27. Project—The total undertaking of which the Goods and Special Services may be the whole, oronly a part.

28. Project Manual—The documentary information prepared for bidding and furnishing the Goodsand Special Services. A listing of the contents of the Project Manual is contained in its table ofcontents.

29. Samples—Physical examples of materials, equipment, or workmanship that are representativeof some portion of the Goods and Special Services and which establish the standards by whichsuch portion of the Goods and Special Services will be judged.

30. Seller—The individual or entity furnishing the Goods and Special Services.

31. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data orinformation which are specifically prepared or assembled by or for Seller and submitted bySeller to illustrate some portion of the Goods and Special Services.

32. Special Services—Services associated with the Goods to be furnished by Seller as required bythe Contract Documents.

33. Specifications—That part of the Contract Documents consisting of written requirements formaterials, equipment, systems, standards and workmanship as applied to the furnishing of theGoods and Special Services, and certain administrative requirements and procedural mattersapplicable thereto.

34. Successful Bidder—The Bidder submitting a responsive Bid, to whom Buyer makes an award.

35. Supplementary Conditions—That part of the Contract Documents which amends orsupplements these General Conditions.

36. Work Change Directive—A written statement to Seller issued on or after the Effective Date ofthe Agreement and signed by Buyer ordering an addition, deletion, or other revision in theContract Documents with respect to the Goods and Special Services. A Work ChangeDirective will not change the Contract Price or the Contract Times but is evidence that the



parties expect that the change ordered or documented by a Work Change Directive will beincorporated in a subsequently issued Change Order following negotiations by the parties as toits effect, if any, on the Contract Price or Contract Times.

1.02 Terminology

A. The words and terms discussed in Paragraphs 1.02.B and 1.02.C are not defined, but have theindicated meanings when used in the Bidding Requirements or Contract Documents.

B. Intent of Certain Terms or Adjectives:

1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “asdirected” or terms of like effect or import to authorize an exercise of professional judgment byEngineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,”“satisfactory,” or adjectives of like effect or import are used to describe an action ordetermination of Engineer as to the Goods and Special Services. It is intended that suchexercise of professional judgment, action, or determination will be commercially reasonableand will be solely to evaluate, in general, the Goods and Special Services for compliance withthe requirements of and information in the Contract Documents and conformance with thedesign concept of the completed Project as a functioning whole as shown or indicated in theContract Documents (unless there is a specific statement indicating otherwise). The use of anysuch term or adjective shall not be effective to assign to Engineer any duty or authority tosupervise or direct the furnishing of Goods or Special Services or any duty or authority toundertake responsibility contrary to any other provision of the Contract Documents.

2. The word “non-conforming” when modifying the words “Goods and Special Services,”“Goods,” or “Special Services,” refers to Goods and Special Services that fail to conform tothe Contract Documents.

3. The word “receipt” when referring to the Goods, shall mean the physical taking and possessionby the Buyer under the conditions specified in Paragraph 8.01.B.3.

4. The word “day” means a calendar day of 24 hours measured from midnight to the nextmidnight.

5. The word "furnish," when used in connection with the Goods and Special Services shall meanto supply and deliver said Goods to the Point of Destination (or some other specified location)and to perform said Special Services fully, all in accordance with the Contract Documents.

C. Unless stated otherwise in the Contract Documents, words or phrases that have a well-knowntechnical or construction industry or trade meaning are used in the Contract Documents in accordancewith such recognized meaning.



ARTICLE 2 – PRELIMINARY MATTERS

2.01 Delivery of Bonds

A. When Seller delivers the executed counterparts of the Agreement to Buyer, Seller also shall deliver suchbonds as Seller may be required to furnish.

2.02 Evidence of Insurance

A. When Seller delivers the executed counterparts of the Agreement to Buyer, Seller shall deliver toBuyer, with copies to each additional insured identified by name in the Supplementary Conditions,certificates of insurance (and other evidence of insurance which either of them or any additionalinsured may reasonably request) which Seller is required to purchase and maintain in accordance withArticle 4.

2.03 Copies of Documents

A. Buyer shall furnish Seller up to five printed or hard copies of the Contract Documents. Additionalcopies will be furnished upon request at the cost of reproduction.

2.04 Commencement of Contract Times; Notice to Proceed

A. The Contract Times will commence to run on the thirtieth day after the Effective Date of theAgreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Noticeto Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In noevent will the Contract Times commence to run later than the sixtieth day after the day of Bid openingor the thirtieth day after the Effective Date of the Agreement, whichever date is earlier.

2.05 Designated Representatives

A. Buyer and Seller shall each designate its representative at the time the Agreement is signed. Eachrepresentative shall have full authority to act on behalf of and make binding decisions in any matterarising out of or relating to the Contract.

2.06 Progress Schedule

A. Within 15 days after the Contract Times start to run, Seller shall submit to Buyer and Engineer anacceptable progress schedule of activities, including at a minimum, delivery of Shop Drawing andSample submittals, tests, and other deliveries as required by the Contract Documents. No progresspayment will be made to Seller until an acceptable schedule is submitted to Buyer and Engineer.

B. The progress schedule will be acceptable to Buyer and Engineer if it provides an orderly progressionof the submittals, tests, and deliveries to completion within the specified Milestones and the ContractTimes. Such acceptance will not impose on Buyer or Engineer responsibility for the progressschedule, for sequencing, scheduling, or progress of the work nor interfere with or relieve Seller fromSeller’s full responsibility therefor. Such acceptance shall not be deemed to acknowledge thereasonableness and attainability of the schedule.



2.07 Preliminary Conference

A. Within 20 days after the Contract Times start to run, a telephone conference attended by Seller, Buyer,Engineer and others as appropriate will be held to establish a working understanding among theparties as to the Goods and Special Services and to discuss the schedule referred to in Paragraph2.06.A, procedures for handling Shop Drawings and other submittals, processing Applications forPayment, and maintaining required records.

2.08 Safety

A. Buyer and Seller shall comply with all applicable Laws and Regulations relating to the safety ofpersons or property, or to the protection of persons or property from damage, injury, or loss. WhenSeller's personnel, or the personnel of any subcontractor to Seller, are present at the Point ofDestination or any work area or site controlled by Buyer, the Seller shall be responsible for thecompliance by such personnel with any applicable requirements of Buyer's safety programs that aremade known to Seller.

ARTICLE 3 – CONTRACT DOCUMENTS: INTENT AND AMENDING

3.01 Intent

A. The Contract Documents are complementary; what is called for by one is as binding as if called for byall.

B. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from theContract Documents or from prevailing custom or trade usage as being required to produce or furnishthe indicated Goods and Special Services will be provided, whether or not specifically called for, at noadditional cost to Buyer.

C. Clarifications and interpretations of, or notifications of minor variations and deviations in, theContract Documents, will be issued by Engineer as provided in Article 9.

3.02 Standards, Specifications, Codes, Laws and Regulations

A. Reference to standards, specifications, manuals, or codes of any technical society, organization, orassociation, or to Laws and Regulations, whether such reference be specific or by implication, shallmean the standard, specification, manual, code, or Laws and Regulations in effect at the time ofopening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may beotherwise specifically stated in the Contract Documents.

B. No provision of any such standard, specification, manual or code, or any instruction of a supplier shallbe effective to change the duties or responsibilities of Buyer or Engineer, or any of theirsubcontractors, consultants, agents, or employees from those set forth in the Contract Documents, norshall any such provision or instruction be effective to assign to Buyer or Engineer, or any of theirconsultants, agents, or employees any duty or authority to supervise or direct the performance ofSeller’s obligations or any duty or authority to undertake responsibility inconsistent with theprovisions of the Contract Documents.



3.03 Reporting and Resolving Discrepancies

A. Reporting Discrepancies:

1. Seller’s Review of Contract Documents Before the Performance of the Contract: Beforeperformance of the Contract, Seller shall carefully study and compare the Contract Documentsand check and verify pertinent figures therein and all applicable field measurements. Sellershall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancywhich Seller discovers or has actual knowledge of and shall obtain a written interpretation orclarification from Engineer before proceeding with the furnishing of any Goods and SpecialServices affected thereby.

2. Seller’s Review of Contract Documents During the Performance of the Contract: If, during theperformance of the Contract, Seller discovers any conflict, error, ambiguity, or discrepancywithin the Contract Documents or between the Contract Documents and any provision of anyLaw or Regulation applicable to the performance of the Contract, any standard, specification,manual or code, or of any instruction of any Supplier, Seller shall promptly report it toEngineer in writing. Seller shall not proceed with the furnishing of the Goods and SpecialServices affected thereby until an amendment to or clarification of the Contract Documents hasbeen issued.

3. Seller shall not be liable to Buyer or Engineer for failure to report any conflict, error,ambiguity, or discrepancy in the Contract Documents unless Seller had actual knowledgethereof.

B. Resolving Discrepancies: Except as may be otherwise specifically stated in the Contract Documents,the provisions of the Contract Documents shall take precedence in resolving any conflict, error,ambiguity, or discrepancy between the provisions of the Contract Documents and:

1. the provisions of any standard, specification, manual, code, or instruction (whether or notspecifically incorporated by reference in the Contract Documents); or

2. the provisions of any Laws or Regulations applicable to the furnishing of the Goods andSpecial Services (unless such an interpretation of the provisions of the Contract Documentswould result in violation of such Law or Regulation).

3.04 Amending and Clarifying Contract Documents

A. The Contract Documents may be amended to provide for additions, deletions, and revisions to theGoods and Special Services or to modify contractual terms and conditions by a Change Order.

B. Buyer may issue a Work Change Directive providing for additions, deletions, or revisions to theGoods and Special Services, in which case (1) the Contract Price shall be equitably adjusted toaccount for any reasonable and necessary credits to Buyer for any such deletion, or for costs(including reasonable overhead and profit) incurred by Seller to accommodate such an addition orrevision and (2) the Contract Times shall be equitably adjusted to account for any impact on progressand completion of performance. Such adjustments subsequently shall be duly set forth in a ChangeOrder.



C. The requirements of the Contract Documents may be supplemented, and minor variations anddeviations in the Goods and Special Services may be authorized, by one or more of the followingways:

1. A Field Order;

2. Engineer’s approval of a Shop Drawing or Sample (subject to the provisions of Paragraph5.06.D.3); or

3. Engineer’s written interpretation or clarification.

ARTICLE 4 – BONDS AND INSURANCE

4.01 Bonds

A. Seller shall furnish to Buyer performance and payment bonds, each in an amount at least equal to theContract Price, as security for the faithful performance and payment of all of Seller's obligations underthe Contract Documents. These bonds shall remain in effect until 1) one year after the date when finalpayment becomes due or 2) completion of the correction period specified in Paragraph 8.03,whichever is later, except as provided otherwise by Laws or Regulations or by the ContractDocuments. Seller shall also furnish such other bonds as are required by the Contract Documents.

B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise byLaws or Regulations, and shall be executed by such sureties as are named in the current list of“Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and asAcceptable Reinsuring Companies” as published in Circular 570 (amended) by the FinancialManagement Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by anagent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bindthe surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond.

C. If the surety on any bond furnished by Seller is declared bankrupt or becomes insolvent or its right todo business is terminated in any state where any part of the Project is located or it ceases to meet therequirements of Paragraph 4.01.B, Seller shall promptly notify Buyer and Engineer and shall, within20 days after the event giving rise to such notification, provide another bond and surety, both of whichshall comply with the requirements of Paragraphs 4.01.B and 4.02.

4.02 Insurance

A. Seller shall purchase and maintain such liability and other insurance as is appropriate for thefurnishing of Goods and Special Services and as will provide protection from claims set forthbelow which may arise out of or result from Seller’s furnishing of the Goods or Special Servicesand Seller’s other obligations under the Contract Documents, whether the furnishing of Goodsand Special Services or other obligations are to be performed by Seller, any subcontractor orsupplier, or by anyone directly or indirectly employed by any of them to furnish the Goods andSpecial Services, or by anyone for whose acts any of them may be liable:

1. claims under workers’ compensation, disability benefits, and other similar employeebenefit acts;



2. claims for damages because of bodily injury, occupational sickness or disease, or death ofSeller’s employees;

3. claims for damages because of bodily injury, sickness or disease, or death of any personother than Seller’s employees; claims for damages insured by reasonably availablepersonal injury liability coverage which are sustained: (i) by any person as a result of anoffense directly or indirectly related to the employment of such person by Seller, or (ii)by any other person for any other reason;

4. claims for damages, other than to the Goods, because of injury to or destruction oftangible property wherever located, including loss of use resulting therefrom; and

5. claims for damages because of bodily injury or death of any person or property damagearising out of the ownership, maintenance or use of any motor vehicle.

B. The policies of insurance so required by this Paragraph 4.02 to be purchased and maintained shall:

1. with respect to insurance required by Paragraphs 4.02.F.3 through 4.02.F.6 inclusive,include as additional insureds Buyer, Engineer, and their consultants, all of whom shallbe listed as additional insureds, and include coverage for the respective officers, directors,partners, employees, agents, and other consultants and subcontractors of each and any ofall such additional insureds, and the insurance afforded to these additional insureds shallprovide primary coverage for all claims covered thereby;

2. include at least the specific coverages and be written for not less than the limits ofliability provided below or required by Laws or Regulations, whichever is greater;

3. include completed operations insurance;

4. include contractual liability insurance covering Seller’s indemnity obligations underParagraphs 5.09 and 12.02.

5. contain a provision or endorsement that the coverage afforded will not be canceled,materially changed or renewal refused until at least thirty days prior written notice hasbeen given to Buyer and Seller and to each other additional insured identified in theseSupplementary Conditions to whom a certificate of insurance has been issued (and thecertificates of insurance furnished by the Seller pursuant to Paragraph SC-4.02.I will soprovide);

6. remain in effect at least until final payment and at all times thereafter when Seller may becorrecting, removing, or replacing non-conforming Goods in accordance with Paragraph8.03;

7. with respect to completed operations insurance, and any insurance coverage written on aclaims-made basis, remain in effect for at least two years after final payment (and Sellershall furnish Buyer and each other additional insured identified in these Supplementary



Conditions, to whom a certificate of insurance has been issued, evidence satisfactory toBuyer and any such additional insured of continuation of such insurance at final paymentand one year thereafter); and

8. with respect to any delegation of professional design services to Seller pursuant toParagraph 5.10 of the General Conditions, include professional liability coverage byendorsement or otherwise.

C. The limits of liability for the insurance required by Paragraph 4.02.F shall provide coverage fornot less than the following amounts or greater where required by Laws and Regulations:

1. Workers’ Compensation, and related coverages under Paragraphs 4.02.F.1 and F.2:

State: StatutoryEmployer’s Liability: $500,000

2. Seller’s General Liability under Paragraphs 4.02.F.3 through F.6 which shall includecompleted operations and product liability coverages and eliminate the exclusionwith respect to property under the care, custody and control of Seller:

a. General Aggregate $2,000,000b. Products – Completed Operations Aggregate $2,000,000c. Personal and Advertising

Injury $1,000,000Each Occurrence(Bodily Injury and Property Damage) $1,000,000

d. Property Damage liability insurance will provide Explosion, Collapse,and Underground coverages where applicable.

3. Automobile Liability under Paragraph 4.02.F.6:

a. Bodily Injury and Property Damage:1) Combined Single Limit of $1,000,000

4. Liability insurance under 4.02.H.2 and 4.02.H.3 may be satisfied by primary insurance or acombination of primary and excess or umbrella insurance.

5. Professional Liability (if professional services have beendelegated to Seller pursuant to Paragraph 5.10): $1,000,000

D. Seller shall deliver to Buyer, with copies to each additional insured identified, certificates ofinsurance (and other evidence of insurance requested by Buyer or any other additional insured)which Seller is required to purchase and maintain.

E. If Buyer has any objection to the coverage afforded by or other provisions of the insurancerequired to be purchased and maintained on the basis of non-conformance with the ContractDocuments, Buyer shall notify Seller in writing within 10 days after receipt of the certificates or

EJCDC P-700, Standard General Conditions for Procurement Contracts.Copyright © 2010 National Society of Professional Engineers, American Council of Engineering Companies,American Society of Civil Engineers, and Associated General Contractors of America. All rights reserved.

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other evidence required by Paragraph 4.02.E. Seller shall provide such additional information inrespect to insurance as Buyer shall reasonably request.

4.03 Licensed Sureties and Insurers

A. All bonds and insurance required by the Contract Documents to be purchased and maintained byBuyer or Seller shall be obtained from surety or insurance companies that are duly licensed orauthorized in the jurisdiction in which the Project is located to issue bonds or insurance policiesfor the limits and coverages so required. Such surety and insurance companies shall also meetsuch additional requirements and qualifications as may be provided in the SupplementaryConditions.

ARTICLE 5 – SELLER’S RESPONSIBILITIES

5.01 Supervision and Superintendence

A. Seller shall supervise, inspect, and direct the furnishing of the Goods and Special Servicescompetently and efficiently, devoting such attention thereto and applying such skills andexpertise as may be necessary to perform its obligations in accordance with the ContractDocuments. Seller shall be solely responsible for the means, methods, techniques, sequences,and procedures necessary to perform its obligations in accordance with the Contract Documents.Seller shall not be responsible for the negligence of Buyer or Engineer in the design orspecification of a specific means, method, technique, sequence, or procedure that is shown orindicated in and expressly required by the Contract Documents.

5.02 Labor, Materials and Equipment

A. Seller shall provide competent, qualified and trained personnel in all aspects of its performanceof the Contract.

B. All Goods, and all equipment and material incorporated into the Goods, shall be as specified, andunless specified otherwise in the Contract Documents, shall be:

1. new, and of good quality;

2. protected, assembled, connected, cleaned, and conditioned in accordance with theoriginal manufacturer’s instructions; and

3. shop assembled to the greatest extent practicable.

5.03 Laws and Regulations

A. Seller shall give all notices required by and shall comply with all Laws and Regulationsapplicable to the performance of its obligations in accordance with the Contract Documents.Except where otherwise expressly required by such Laws and Regulations, neither Buyer norEngineer shall be responsible for monitoring Seller’s compliance with any Laws or Regulations.


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B. If Seller furnishes Goods and Special Services knowing or having reason to know that suchfurnishing is contrary to Laws or Regulations, Seller shall bear all claims, costs, losses, anddamages (including but not limited to all fees and charges of engineers, architects, attorneys, andother professionals and all court or arbitration or other dispute resolution costs) arising out of orrelating to such performance. It shall not be Seller’s responsibility to make certain that theSpecifications and Drawings are in accordance with Laws and Regulations, but this provisionshall not relieve Seller of Seller’s obligations under Paragraph 3.03.

C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the EffectiveDate of the Agreement if there were no Bids) having an effect on the cost or time of performanceshall be the subject of an adjustment in Contract Price or Contract Times. If Buyer and Seller areunable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, aClaim may be made therefor as provided in Paragraph 9.06.

5.04 Or Equals

A. Whenever the Goods, or an item of material or equipment to be incorporated into the Goods, arespecified or described in the Contract Documents by using the name of a proprietary item or thename of a particular supplier or manufacturer, the specification or description is intended toestablish the type, function, appearance, and quality required. Unless the specification ordescription contains or is followed by words reading that no like, equivalent, or “or-equal” itemis permitted, other items of material or equipment or material or equipment of other suppliers ormanufacturers may be submitted to Buyer for Engineer’s review.

1. If in Engineer’s sole discretion, such an item of material or equipment proposed by Selleris functionally equal to that named and sufficiently similar so that no change in relatedwork will be required, it may be considered by Engineer as an “or-equal” item.

2. For the purposes of this paragraph, a proposed item of material or equipment may beconsidered functionally equal to an item so named only if:

a. in the exercise of reasonable judgment, Engineer determines that: 1) it is at leastequal in quality, durability, appearance, strength, and design characteristics; 2) it willreliably perform at least equally well the function imposed by the design concept ofthe completed Project as a functioning whole; 3) it has an acceptable record ofperformance and availability of responsive service; and

b. Seller certifies that if approved: 1) there will be no increase in any cost, includingcapital, installation or operating costs, to Buyer; and 2) the proposed item willconform substantially to the detailed requirements of the item named in the ContractDocuments.

3. Refer to the proposal evaluation criteria identified in Division 1, Section 01 1100 fordetailed description of proposal evaluation and equipment selection criteria, whichshall govern over this section 5.04 in regards to evaluation, approval and selection ofGoods to be furnished.


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B. Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluateeach proposal or submittal made pursuant to Paragraph 5.04.A. Engineer will be the sole judgeof whether to accept or reject such a proposal or submittal. No “or-equal” will be ordered,manufactured or utilized until Engineer’s review is complete, which will be evidenced by anapproved Shop Drawing. Engineer will advise Buyer and Seller in writing of any negativedetermination. Notwithstanding Engineer’s approval of an “or-equal” item, Seller shall remainobligated to comply with the requirements of the Contract Documents.

C. Special Guarantee: Buyer may require Seller to furnish at Seller’s expense a specialperformance guarantee or other surety with respect to any such proposed “or-equal.”

D. Data: Seller shall provide all data in support of any such proposed “or-equal” at Seller’sexpense.

5.05 Taxes

A. Seller shall be responsible for all taxes and duties arising out of the sale of the Goods and thefurnishing of Special Services. All taxes are included in the Contract Price.

5.06 Shop Drawings and Samples

A. Seller shall submit Shop Drawings and Samples to Buyer for Engineer’s review and approval inaccordance with the schedule required in Paragraph 2.06.A. All submittals will be identified asrequired and furnished in the number of copies specified in the Contract Documents. The datashown on the Shop Drawings will be complete with respect to quantities, dimensions, specifiedperformance and design criteria, materials, and similar data to show Engineer the services,materials, and equipment Seller proposes to provide.

B. Where a Shop Drawing or Sample is required by the Contract Documents, any related workperformed prior to Engineer’s approval of the pertinent submittal will be at the sole expense andresponsibility of Seller.

C. Submittal Procedures:

1. Before submitting each Shop Drawing or Sample, Seller shall have determined andverified:

a. all field measurements (if required), quantities, dimensions, specified performancecriteria, installation requirements, materials, catalog numbers, and similar informationwith respect thereto; and

b. that all materials are suitable with respect to the indicated application, fabrication,shipping, handling, storage, assembly, and installation pertaining to the furnishing ofGoods and Special Services.

2. Seller shall also have reviewed and coordinated each Shop Drawing or Sample with theContract Documents.


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3. Each submittal shall bear a stamp or include a written certification from Seller that Sellerhas reviewed the subject submittal and confirmed that it is in compliance with therequirements of the Contract Documents. Both Buyer and Engineer shall be entitled torely on such certification from Seller.

4. With each submittal, Seller shall give Buyer and Engineer specific written notice of anyvariations that the Shop Drawing or Sample may have from the requirements of theContract Documents. This notice shall be both in a written communication separate fromthe submittal and by specific notation on each Shop Drawing or Sample.

D. Engineer’s Review:

1. Engineer will provide timely review of Shop Drawings and Samples.

2. Engineer’s review and approval will be only to determine if the Goods and SpecialServices covered by the submittals will, after installation or incorporation in the Project,conform to the information given in the Contract Documents and be compatible with thedesign concept of the completed Project as a functioning whole.

3. Engineer’s review and approval shall not relieve Seller from responsibility for anyvariation from the requirements of the Contract Documents unless Seller has compliedwith the requirements of Paragraph 5.06.C.4 and Engineer has given written approval ofeach such variation by specific written notation thereof incorporated in or accompanyingthe Shop Drawing or Sample. Engineer’s review and approval shall not relieve Sellerfrom responsibility for complying with the requirements of Paragraph 5.06.C.1.

E. Resubmittal Procedures:

1. Seller shall make corrections required by Engineer and shall return the required numberof corrected copies of Shop Drawings and submit, as required, new Samples for reviewand approval. Seller shall direct specific attention in writing to any revisions other thanthe corrections called for by Engineer on previous submittals.

5.07 Continuing Performance

A. Seller shall adhere to the progress schedule established in accordance with Paragraph 2.06.A.,and the Goods shall be delivered and the Special Services furnished within the Contract Timesspecified in the Agreement.

B. Seller shall carry on furnishing of the Goods and Special Services and adhere to the progressschedule during all disputes or disagreements with Buyer. No furnishing of Goods and SpecialServices shall be delayed or postponed pending resolution of any disputes or disagreements,except as permitted by Paragraphs 11.03 or 11.04, or as Buyer and Seller may otherwise agree inwriting.

5.08 Seller’s Warranties and Guarantees

A. Seller warrants and guarantees to Buyer that the title to the Goods conveyed shall be proper, itstransfer rightful, and free from any security interest, lien, or other encumbrance. Seller shall


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defend, indemnify, and hold Buyer harmless against any liens, claims, or demands contesting oraffecting title of the Goods conveyed.

B. Seller warrants and guarantees to Buyer that all Goods and Special Services will conform withthe Contract Documents, and with the standards established by any Samples approved byEngineer. Engineer shall be entitled to rely on Seller’s warranty and guarantee. If the ContractDocuments do not otherwise specify the characteristics or the quality of the Goods, the Goodsshall comply with the requirements of Paragraph 5.02.B.

C. Seller’s warranty and guarantee hereunder excludes defects or damage caused by:

1. abuse, improper modification, improper maintenance, or improper operation by personsother than Seller; or

2. corrosion or chemical attack, unless corrosive or chemically-damaging conditions weredisclosed by Buyer in the Contract Documents and the Contract Documents required theGoods to withstand such conditions;

3. use in a manner contrary to Seller's written instructions for installation, operation, andmaintenance; or

4. normal wear and tear under normal usage.

D. Seller's obligation to furnish the Goods and Special Services in accordance with the ContractDocuments shall be absolute. None of the following will constitute an acceptance of Goods andSpecial Services that are non-conforming, or a release of Seller’s obligation to furnish the Goodsand Special Services in accordance with the Contract Documents:

1. observations by Buyer or Engineer;

2. recommendation by Engineer or payment by Buyer of any progress or final payment;

3. use of the Goods by Buyer;

4. any acceptance by Buyer (subject to the provisions of Paragraph 8.02.D.1) or any failureto do so;

5. the issuance of a notice of acceptance by Buyer pursuant to the provisions of Article 8;

6. any inspection, test or approval by others; or

7. any correction of non-conforming Goods and Special Services by Buyer.

E. Buyer shall promptly notify Seller of any breach of Seller’s warranties or guarantees.

F. Seller makes no implied warranties under this Contract.


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5.09 Indemnification

A. To the fullest extent permitted by Laws and Regulations, Seller shall indemnify and holdharmless Buyer and Engineer, and the officers, directors, members, partners, employees, agents,consultants, contractors, and subcontractors of each and any of them from and against all claims,costs, losses, and damages (including but not limited to all fees and charges of engineers,architects, attorneys, and other professionals and all court or arbitration or other disputeresolution costs) arising out of or relating to the performance of Seller's obligations under theContract Documents, provided that any such claim, cost, loss, or damages attributable to bodilyinjury, sickness, disease, or death, or to injury to or destruction of tangible property (other thanthe Goods themselves), including the loss of use resulting therefrom, but only to the extent causeby any negligent act or omission of Seller, or any individual or entity directly or indirectlyemployed by Seller or anyone for whose acts Seller may be liable.

B. In any and all claims against Buyer or Engineer or any of their respective assignees, consultants,agents, officers, directors, members, partners, employees, agents, consultants, contractors, orsubcontractors, by any employee (or the survivor or personal representative of such employee) ofSeller, any subcontractor, any supplier, or any individual or entity directly or indirectly employedby any of them to furnish any of the Goods and Special Services, or anyone for whose acts anyof them may be liable, the indemnification obligation under Paragraph 5.09.A shall not belimited in any way by any limitation on the amount or type of damages, compensation, orbenefits payable by or for seller or any such subcontractor, supplier, or other individual or entityunder workers’ compensation acts, disability benefit acts, or other employee benefit acts.

C. The indemnification obligations of Seller under Paragraph 5.09.A shall not extend to the liabilityof Engineer and Engineer’s officers, directors, partners, employees, agents, and consultantsarising out of:

1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings,opinions, reports, surveys, Change Orders, designs, or Specifications; or

2. giving directions or instructions, or failing to give them, if that is the primary cause ofthe injury or damage.

5.10 Delegation of Professional Design Services

A. Seller will not be required to provide professional design services unless such services arespecifically required by the Contract Documents or unless such services are required to carry outSeller’s responsibilities for furnishing the Goods and Special Services. Seller shall not berequired to provide professional services in violation of applicable law.

B. If professional design services or certifications by a design professional related to the Goods andSpecial Services are specifically required of Seller by the Contract Documents, Buyer andEngineer will specify all performance and design criteria that such services must satisfy. Sellershall cause such services or certifications to be provided by a properly licensed professional,whose signature and seal shall appear on all drawings, calculations, specifications, certifications,Shop Drawings and other submittals prepared by such professional. Shop Drawings and othersubmittals related to the Goods and Special Services designed or certified by such professional,


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if prepared by others, shall bear such professional’s written approval when submitted toEngineer.

C. Buyer and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness ofthe services, certifications or approvals performed by such design professionals, provided Buyerand Engineer have specified to Seller all performance and design criteria that such services mustsatisfy.

D. Pursuant to this Paragraph 5.10, Engineer’s review and approval of design calculations anddesign drawings will be only for the limited purpose of checking for conformance withperformance and design criteria given and the design concept expressed in the ContractDocuments. Engineer’s review and approval of Shop Drawings and other submittals (exceptdesign calculations and design drawings) will be only for the purpose stated inParagraph 5.06.D.2.

E. Seller shall not be responsible for the adequacy of the performance or design criteria required bythe Contract Documents.

ARTICLE 6 – SHIPPING AND DELIVERY

6.01 Shipping

A. Seller shall select the carrier and bear all costs of packaging, transportation, insurance, specialhandling and any other costs associated with shipment and delivery.

6.02 Delivery

A. Seller shall deliver the Goods F.O.B. the Point of Destination in accordance with the ContractTimes set forth in the Agreement, or other date agreed to by Buyer and Seller.

B. Seller shall provide written notice to Buyer at least 15 days before shipment of the manner ofshipment and the anticipated delivery date. The notice shall also include any instructionsconcerning special equipment or services required at the Point of Destination to unload and carefor the Goods. Seller shall also require the carrier to give Buyer at least 24 hours notice bytelephone prior to the anticipated time of delivery.

C. Seller will be responsible to coordinate and bear all costs for unloading the Goods from carrier.

D. Buyer will assure that adequate facilities are available to receive delivery of the Goods duringthe Contract Times for delivery set forth in the Agreement, or another date agreed by Buyer andSeller.

E. No partial deliveries shall be allowed, unless permitted or required by the Contract Documents oragreed to in writing by Buyer.

6.03 Risk of Loss

A. Risk of loss and insurable interests transfer from Seller to Buyer upon Buyer’s incorporation intothe Project and acceptance by the Buyer.


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B. Notwithstanding the provisions of Paragraph 6.03.A, if Buyer rejects the Goods as non-conforming, the risk of loss on such Goods shall remain with Seller until Seller corrects the non-conformity or Buyer accepts the Goods. If rejected Goods remain at the Point of Destinationpending modification and acceptance, then Seller shall be responsible for arranging adequateprotection and maintenance of the Goods at Seller's expense.

6.04 Progress Schedule

A. Seller shall adhere to the progress schedule established in accordance with Paragraph 2.06 as itmay be adjusted from time to time as provided below.

1. Seller shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.06)proposed adjustments in the progress schedule that will not result in changing theContract Times. Such adjustments will comply with any provisions of the GeneralRequirements applicable thereto.

2. Proposed adjustments in the progress schedule that will change the Contract Times shallbe submitted in accordance with the requirements of Article 7. Adjustments in ContractTimes may only be made by a Change Order.

ARTICLE 7 – CHANGES: SCHEDULE AND DELAY

7.01 Changes in the Goods and Special Services

A. Buyer may at any time, without notice to any surety, make an addition, deletion, or other revisionto the Contract Documents with respect to the Goods and Services, within the general scope ofthe Contract, by a Change Order or Work Change Directive. Upon receipt of any suchdocument, Seller shall promptly proceed with performance pursuant to the revised ContractDocuments (except as otherwise specifically provided).

B. If Seller concludes that a Work Change Directive issued by Buyer affects the Contract Price orContract Times, then Seller shall notify Buyer within 15 days after Seller has received the WorkChange Directive, and submit written supporting data to Buyer within 45 days after such receipt.If Seller fails to notify Buyer within 15 days, Seller waives any Claim for such adjustment. IfBuyer and Seller are unable to agree on entitlement to, or on the amount or extent, if any, of anadjustment in the Contract Price or Contract Times, or both, that should be allowed as a result ofa Work Change Directive, a Claim may be made therefor as provided in Paragraph 9.06.

C. Seller shall not suspend performance while Buyer and Seller are in the process of making suchchanges and any related adjustments to Contract Price or Contract Times.

7.02 Changing Contract Price or Contract Times

A. The Contract Price or Contract Times may only be changed by a Change Order.

B. Any Claim for an adjustment in the Contract Price or Contract Times shall be based on writtennotice submitted by the party making the Claim to the Engineer and the other party to theContract in accordance with the provisions of Paragraph 9.06.


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C. If Seller is prevented from delivering the Goods or performing the Special Services within theContract Times for any unforeseen reason beyond its control and not attributable to its actions orinactions, then Seller shall be entitled to an adjustment of the Contract Times to the extentattributable to such reason. Such reasons include but are not limited to acts or neglect by Buyer,inspection delays, fires, floods, epidemics, abnormal weather conditions, acts of God, and otherlike matters. If such an event occurs and delays Seller’s performance, Seller shall notify Buyerin writing within 15 days of knowing or having reason to know of the beginning of the eventcausing the delay, stating the reason therefor.

D. Seller shall not be entitled to an adjustment in Contract Price or Contract Times for delays withinthe control of Seller. Delays attributable to and within the control of Seller’s subcontractors orsuppliers shall be deemed to be delays within the control of Seller.

E. If Seller is prevented from delivering the Goods or furnishing the Special Services within theContract Times due to the actions or inactions of Buyer, Seller shall be entitled to any reasonableand necessary additional costs arising out of such delay to the extent directly attributable toBuyer.

F. Neither Buyer nor Seller shall be entitled to any damages arising from delays which are beyondthe control of both Buyer and Seller, including but not limited to fires, floods, epidemics,abnormal weather conditions, acts of God, and other like matters.

ARTICLE 8 – BUYER’S RIGHTS

8.01 Inspections and Testing

A. General:

1. The Contract Documents specify required inspections and tests. Buyer shall have theright to perform, or cause to be performed, reasonable inspections and require reasonabletests of the Goods at Seller’s facility, and at the Point of Destination. Seller shall allowBuyer a reasonable time to perform such inspections or tests.

2. Seller shall bear all expenses, including for travel, lodging, and subsistence expenses ofBuyer’s and Engineer's representatives, for inspections and tests specified in the ContractDocuments. If as the result of any such specified testing the Goods are determined to benon-conforming, then Seller shall also bear all expenses of re-inspection or retesting.

3. Buyer shall bear all expenses of inspections and tests that are not specified in theContract Documents (other than any re-inspection or retesting resulting from adetermination of non-conformity, as set forth in Paragraph 8.01.A.2 immediately above);provided, however, that if as the result of any such non-specified inspections or testingthe Goods are determined to be non-conforming, then Seller shall bear all expenses ofsuch inspections and testing, and of any necessary re-inspection and retesting.

4. Seller shall provide Buyer timely written notice of the readiness of the Goods for allinspections, tests, or approvals which the Contract Documents specify are to be observedby Buyer prior to shipment.


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5. Buyer will give Seller timely notice of all specified tests, inspections, and approvals ofthe Goods which are to be conducted at the Point of Destination.

6. If, on the basis of any inspections or testing, the Goods appear to be conforming, Buyerwill give Seller prompt notice thereof. If on the basis of said inspections or testing, theGoods appear to be non-conforming, Buyer will give Seller prompt notice thereof andwill advise Seller of the remedy Buyer elects under the provisions of Paragraph 8.02.

7. Neither payments made by Buyer to Seller prior to any tests or inspections, nor any testsor inspections shall constitute acceptance of non-conforming Goods, or prejudice Buyer’srights under the Contract.

B. Inspection on Delivery:

1. Buyer or Engineer and Construction Contractor will visually inspect the Goods upondelivery solely for purposes of identifying the Goods and general verification ofquantities and observation of apparent condition in order to provide a basis for a progresspayment. Such visual inspection will not be construed as final or as receipt of any Goodsand Special Services that, as a result of subsequent inspections and tests, are determinedto be non-conforming.

2. Within ten days of such visual inspection, Buyer shall provide Seller with written noticeof Buyer’s determination regarding conformity of the Goods. In the event Buyer doesnot provide such notice, it will be presumed that the Goods appear to be conforming andthat Buyer has acknowledged their receipt upon delivery.

3. If, on the basis of the visual inspection specified in Paragraph 8.01.B.1, the Goods appearto be conforming, Buyer’s notice thereof to Seller will acknowledge receipt of the Goods.

C. Final Inspection:

1. After all of the Goods have been incorporated into the Project, tested in accordance withsuch testing requirements as are specified, and are functioning as indicated, Buyer orEngineer will make a final inspection.

2. If, on the basis of the final inspection, the Goods are conforming, Buyer’s notice thereofwill constitute Buyer’s acceptance of the Goods.

3. If, on the basis of the final inspection, the Goods are non-conforming, Buyer will identifythe non-conformity in writing.

8.02 Non-Conforming Goods and Special Services

A. If, on the basis of inspections and testing prior to delivery, the Goods and Special Services arefound to be non-conforming, or if at any time after Buyer has acknowledged receipt of deliveryand before the expiration of the correction period described in Paragraph 8.03, Buyer determinesthat the Goods and Special Services are non-conforming, then Seller shall promptly, without costto Buyer and in response to written instructions from Buyer, either correct such non-conforming


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Goods and Special Services, or, if Goods are rejected by Buyer, remove and replace the non-conforming Goods with conforming Goods, including all work required for reinstallation.

B. Buyer’s Rejection of Non-Conforming Goods:

1. If Buyer elects to reject the Goods in whole or in part, Buyer’s notice to Seller willdescribe in sufficient detail the non-conforming aspect of the Goods. If Goods have beendelivered to Buyer, Seller shall promptly, and within the Contract Times, remove andreplace the rejected Goods.

2. Seller shall bear all costs, losses and damages attributable to the removal and replacementof the non-conforming Goods as provided in Paragraph 8.02.E.

3. Upon rejection of the Goods, Buyer retains a security interest in the Goods to the extentof any payments made and expenses incurred in their testing and inspection.

C. Remedying Non-Conforming Goods and Special Services:

1. If Buyer elects to permit the Seller to modify the Goods to correct the non-comformance,then Seller shall promptly provide a schedule for such modifications and shall make theGoods conforming within a reasonable time.

2. If Buyer notifies Seller in writing that any of the Special Services are non-conforming,Seller shall promptly provide conforming services acceptable to Buyer. If Seller fails todo so, Buyer may delete the Special Services and reduce the Contract Price acommensurate amount.

D. Buyer’s Acceptance of Non-Conforming Goods:

Instead of requiring correction or removal and replacement of non-conforming Goods discoveredeither before or after final payment, Buyer may accept the non-conforming Goods. Seller shallbear all reasonable costs, losses, and damages attributable to Buyer’s evaluation of anddetermination to accept such non-conforming Goods as provided in Paragraph 8.02.E.

E. Seller shall pay all claims, costs, losses, and damages, including but not limited to all fees andcharges for re-inspection, retesting and for any engineers, architects, attorneys and otherprofessionals, and all court or arbitration or other dispute resolution costs arising out of orrelating to the non-conforming Goods and Special Services. Seller's obligations shall include thecosts of the correction or removal and replacement of the non-conforming Goods and thereplacement of property of Buyer and others destroyed by the correction or removal andreplacement of the non-conforming Goods, and obtaining conforming Special Services fromothers.

F. Buyer's Rejection of Conforming Goods:

If Buyer asserts that Goods and Special Services are non-conforming and such Goods andSpecial Services are determined to be conforming, or if Buyer rejects as non-conforming Goodsand Special Services that are later determined to be conforming, then Seller shall be entitled to


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reimbursement from Buyer of costs incurred by Seller in inspecting, testing, correcting,removing, or replacing the conforming Goods and Special Services, including but not limited tofees and charges of engineers, architects, attorneys and other professionals, and all court orarbitration or other dispute resolution costs associated with the incorrect assertion of non-conformance or rejection of conforming Goods and Special Services.

8.03 Correction Period

A. Seller’s responsibility for correcting all non-conformities in the Goods and Special Services willextend for a period of one year after the earlier of the date on which Buyer has placed the Goodsin continuous service or the date of final payment, or for such longer period of time as may beprescribed by Laws or Regulations or by the terms of any specific provisions of the ContractDocuments.

ARTICLE 9 – ROLE OF ENGINEER

9.01 Duties and Responsibilities

A. The duties and responsibilities and the limitations of authority of Engineer are set forth in theContract Documents.

9.02 Clarifications and Interpretations

A. Engineer will issue with reasonable promptness such written clarifications or interpretations ofthe Contract Documents as Engineer may determine necessary, which shall be consistent with orreasonably inferable from the overall intent of the Contract Documents. Such writtenclarifications and interpretations will be binding on Buyer and Seller. If either Buyer or Sellerbelieves that a written clarification or interpretation justifies an adjustment in the Contract Priceor Contract Times, either may make a Claim therefor.

9.03 Authorized Variations

A. Engineer may authorize minor deviations or variations in the Contract Documents by: 1) writtenapproval of specific variations set forth in Shop Drawings when Seller has duly noted suchvariations as required in Paragraph 5.06.C.4, or 2) a Field Order.

9.04 Rejecting Non-Conforming Goods and Special Services

A. Engineer will have the authority to disapprove or reject Goods and Special Services thatEngineer believes to be non-conforming. Engineer will also have authority to require specialinspection or testing of the Goods or Special Services as provided in Paragraph 8.01 whether ornot the Goods are fabricated or installed, or the Special Services are completed.

9.05 Decisions on Requirements of Contract Documents

A. Engineer will be the initial interpreter of the Contract Documents and judge of the acceptabilityof the Goods and Special Services. Claims, disputes and other matters relating to the


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acceptability of the Goods and Special Services or the interpretation of the requirements of theContract Documents pertaining to Seller’s performance will be referred initially to Engineer inwriting with a request for a formal decision in accordance with this paragraph.

B. When functioning as interpreter and judge under this Paragraph 9.05, Engineer will not showpartiality to Buyer or Seller and will not be liable in connection with any interpretation ordecision rendered in good faith in such capacity. The rendering of a decision by Engineerpursuant to this Paragraph 9.05 with respect to any such Claim, dispute, or other matter (exceptany which have been waived by the making or acceptance of final payment as provided inParagraph 10.07) will be a condition precedent to any exercise by Buyer or Seller of such rightsor remedies as either may otherwise have under the Contract Documents or by Laws orRegulations in respect of any such Claim, dispute, or other matter.

9.06 Claims and Disputes

A. Notice: Written notice of each Claim relating to the acceptability of the Goods and SpecialServices or the interpretation of the requirements of the Contract Documents pertaining to eitherparty's performance shall be delivered by the claimant to Engineer and the other party to theAgreement within 15 days after the occurrence of the event giving rise thereto, and writtensupporting data shall be submitted to Engineer and the other party within 45 days after suchoccurrence unless Engineer allows an additional period of time to ascertain more accurate data.

B. Engineer’s Decision: Engineer will review each such Claim and render a decision in writingwithin 30 days after receipt of the last submittal of the claimant or the last submittal of theopposing party, if any.

C. If Engineer does not render a formal written decision on a Claim within the time stated inParagraph 9.06.B., Engineer shall be deemed to have issued a decision denying the Claim in itsentirety 31 days after receipt of the last submittal of the claimant or the last submittal of theopposing party, if any.

D. Engineer’s written decision on such Claim or a decision denying the Claim in its entirety that isdeemed to have been issued pursuant to Paragraph 9.06.C, will be final and binding upon Buyerand Seller 30 days after it is issued unless within 30 days of issuance Buyer or Seller appealsEngineer’s decision by initiating the mediation of such Claim in accordance with the disputeresolution procedures set forth in Article 13.

E. If Article 13 has been amended to delete the mediation requirement, then Buyer or Seller mayappeal Engineer's decision within 30 days of issuance by following the alternative disputeresolution process set forth in Article 13, as amended; or if no such alternative dispute resolutionprocess has been set forth, Buyer or Seller may appeal Engineer's decision by 1) delivering to theother party within 30 days of the date of such decision a written notice of intent to submit theClaim to a court of competent jurisdiction, and 2) within 60 days after the date of such decisioninstituting a formal proceeding in a court of competent jurisdiction.

F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted inaccordance with this Paragraph 9.06.


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G. The parties agree to endeavor to avoid or resolve Claims through direct, good faith discussionsand negotiations whenever practicable. Such discussions and negotiations should at the outsetaddress whether the parties mutually agree to suspend the time periods established in thisParagraph 9.06; if so, a written record of such mutual agreement should be made and jointlyexecuted.

ARTICLE 10 – PAYMENT

10.01 Applications for Progress Payments

A. Seller shall submit to Buyer for Engineer’s review Applications for Payment filled out andsigned by Seller and accompanied by such supporting documentation as is required by theContract Documents and also as Buyer or Engineer may reasonably require. The timing andamounts of progress payments shall be as stipulated in the Agreement.

10.02 Review of Applications for Progress Payments

A. Engineer will, within ten days after receipt of each Application for Payment, either indicate inwriting a recommendation of payment and present the Application to Buyer, or return theApplication to Seller indicating in writing Engineer's reasons for refusing to recommendpayment. In the latter case, Seller may make the necessary corrections and resubmit theApplication.

1. Engineer’s recommendation of payment requested in the Application for Paymentsubmitted upon Buyer’s acknowledgment of receipt of the Goods will constitute arepresentation by Engineer, based on Engineer’s review of the Application for Paymentand the accompanying data Seller is entitled to payment of the amount recommended.Such recommendation will not constitute a representation that Engineer has made a finalinspection of the Goods, that the Goods are free from non-conformities, acceptable or inconformance with the Contract Documents, that Engineer has made any investigation asto Buyer’s title to the Goods, that exhaustive or continuous inspections have been madeto check the quality or the quantity of the Goods beyond the responsibilities specificallyassigned to Engineer in the Contract Documents or that there may not be other matters orissues between the parties that might entitle Seller to additional payments by Buyer orBuyer to withhold payment to Seller.

2. Engineer may refuse to recommend that all or any part of a progress payment be made, orEngineer may nullify all or any part of any payment previously recommended if, inEngineer's opinion, such recommendation would be incorrect or if on the basis ofsubsequently discovered evidence or subsequent inspections or tests Engineer considerssuch refusal or nullification necessary to protect Buyer from loss because the ContractPrice has been reduced, Goods are found to be non-conforming, or Seller has failed tofurnish acceptable Special Services.

10.03 Amount and Timing of Progress Payments

A. Subject to Paragraph 10.02.A., the amounts of the progress payments will be as provided in theAgreement. Buyer shall within 30 days after receipt of each Application for Payment with


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Engineer's recommendation pay Seller the amount recommended; but, in the case of theApplication for Payment upon Buyer's acknowledgment of receipt of the Goods, said 30-dayperiod may be extended for so long as is necessary (but in no event more than 60 days) for Buyerto examine the bill of sale and other documentation submitted therewith. Buyer shall notifySeller promptly of any deficiency in the documentation and shall not unreasonably withholdpayment.

10.04 Suspension of or Reduction in Payment

A. Buyer may suspend or reduce the amount of progress payments, even though recommended forpayment by Engineer, under the following circumstances:

1. Buyer has reasonable grounds to conclude that Seller will not furnish the Goods or theSpecial Services in accordance with the Contract Documents, and

2. Buyer has requested in writing assurances from Seller that the Goods and SpecialServices will be delivered or furnished in accordance with the Contract Documents, andSeller has failed to provide adequate assurances within ten days of Buyer’s writtenrequest.

B. If Buyer refuses to make payment of the full amount recommended by Engineer, Buyer willprovide Seller and Engineer immediate written notice stating the reason for such action andpromptly pay Seller any amount remaining after deduction of the amount withheld. Buyer shallpromptly pay Seller the amount withheld when Seller corrects the reason for such action toBuyer’s satisfaction.

10.05 Final Application for Payment

A. After Seller has corrected all non-conformities to the reasonable satisfaction of Buyer andEngineer, furnished all Special Services, and delivered all documents required by the ContractDocuments, Engineer will issue to Buyer and Seller a notice of acceptance. Seller may thenmake application for final payment following the procedure for progress payments. The finalApplication for Payment will be accompanied by all documentation called for in the ContractDocuments, a list of all unsettled Claims, and such other data and information as Buyer orEngineer may reasonably require.

10.06 Final Payment

A. If, on the basis of final inspection and the review of the final Application for Payment andaccompanying documentation, Engineer is reasonably satisfied that Seller has furnished theGoods and Special Services in accordance with the Contract Documents, and that Seller's hasfulfilled all other obligations under the Contract Documents, then Engineer will, within ten daysafter receipt of the final Application for Payment, recommend in writing final payment subject tothe provisions of Paragraph 10.07 and present the Application to Buyer. Otherwise, Engineerwill return the Application to Seller, indicating the reasons for refusing to recommend finalpayment, in which case Seller shall make the necessary corrections and resubmit the Applicationfor payment. If the Application and accompanying documentation are appropriate as to form and


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substance, Buyer shall, within 30 days after receipt thereof, pay Seller the amount recommendedby Engineer, less any sum Buyer is entitled to set off against Engineer's recommendation,including but not limited to liquidated damages to which Buyer is entitled.

10.07 Waiver of Claims

A. The making and acceptance of final payment will constitute:

1. a waiver of all Claims by Buyer against Seller, except Claims arising from unsettled liensfrom non-conformities in the Goods or Special Services appearing after final payment,from Seller's failure to comply with the Contract Documents or the terms of any specialguarantees specified therein, or from Seller's continuing obligations under the ContractDocuments; and

2. a waiver of all Claims by Seller against Buyer (other than those previously made inaccordance with the requirements herein and listed by Seller as unsettled as required inParagraph 10.05.A, and not resolved in writing).

ARTICLE 11 – CANCELLATION, SUSPENSION, AND TERMINATION

11.01 Cancellation

A. Buyer has the right to cancel the Contract, without cause, at any time prior to delivery of theGoods by written notice. Cancellation pursuant to the terms of this paragraph shall not constitutea breach of contract by Buyer. Upon cancellation:

1. Buyer shall pay Seller for the direct costs incurred in producing any Goods that Seller hasspecially manufactured for the Project, plus a fair and reasonable amount for overheadand profit.

2. For Goods that are not specially manufactured for the Project, Seller shall be entitled to arestocking charge of 10 percent of the unpaid Contract Price of such Goods.

11.02 Suspension of Performance by Buyer

A. Buyer has the right to suspend performance of the Contract for up to a maximum of ninety days,without cause, by written notice. Upon suspension under this paragraph, Seller shall be entitledto an increase in the Contract Times and Contract Price caused by the suspension, provided thatperformance would not have been suspended or delayed for causes attributable to Seller.

11.03 Suspension of Performance by Seller

A. Subject to the provisions of Paragraph 5.07.B, Seller may suspend the furnishing of the Goodsand Special Services only under the following circumstance:

1. Seller has reasonable grounds to conclude that Buyer will not perform its future paymentobligations under the Contract; and,


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2. Seller has requested in writing assurances from Buyer that future payments will be madein accordance with the Contract, and Buyer has failed to provide such assurances withinten days of Seller’s written request.

11.04 Breach and Termination

A. Buyer’s Breach:

1. Buyer shall be deemed in breach of the Contract if it fails to comply with any materialprovision of the Contract Documents, including but not limited to:

a. wrongful rejection or revocation of Buyer’s acceptance of the Goods,

b. failure to make payments in accordance with the Contract Documents, or

c. wrongful repudiation of the Contract.

2. Seller shall have the right to terminate the Contract for cause by declaring a breachshould Buyer fail to comply with any material provisions of the Contract. Upontermination, Seller shall be entitled to all remedies provided by Laws and Regulations.

a. In the event Seller believes Buyer is in breach of its obligations under the Contract,Seller shall provide Buyer with reasonably prompt written notice setting forth insufficient detail the reasons for declaring that it believes a breach has occurred.Buyer shall have seven days from receipt of the written notice declaring the breach(or such longer period of time as Seller may grant in writing) within which to cure orto proceed diligently to cure such alleged breach.

B. Seller’s Breach:

1. Seller shall be deemed in breach of the Contract if it fails to comply with any materialprovision of the Contract Documents, including, but not limited to:

a. failure to deliver the Goods or perform the Special Services in accordance with theContract Documents,

b. wrongful repudiation of the Contract, or

c. delivery or furnishing of non-conforming Goods and Special Services.

2. Buyer may terminate Seller’s right to perform the Contract for cause by declaring abreach should Seller fail to comply with any material provision of the ContractDocuments. Upon termination, Buyer shall be entitled to all remedies provided by Lawsand Regulations.

a. In the event Buyer believes Seller is in breach of its obligations under the Contract,and except as provided in Paragraph 11.04.B.2.b, Buyer shall provide Seller withreasonably prompt written notice setting forth in sufficient detail the reasons for


Page 28

declaring that it believes a breach has occurred. Seller shall have seven days fromreceipt of the written notice declaring the breach (or such longer period of time asBuyer may grant in writing) within which to cure or to proceed diligently to cure suchalleged breach.

b. If and to the extent that Seller has provided a performance bond under the provisionsof Paragraph 4.01, the notice and cure procedures of that bond, if any, shall supersedethe notice and cure procedures of Paragraph 11.04.B.2.a.

ARTICLE 12 – LICENSES AND FEES

12.01 Intellectual Property and License Fees

A. Unless specifically stated elsewhere in the Contract Documents, Seller is not transferring anyintellectual property rights, patent rights, or licenses for the Goods delivered. However, in theevent the Seller is manufacturing to Buyer’s design, Buyer retains all intellectual property rightsin such design.

B. Seller shall pay all license fees and royalties and assume all costs incident to the use or thefurnishing of the Goods, unless specified otherwise by the Contract Documents.

12.02 Seller’s Infringement

A. Subject to Paragraph 12.01.A, Seller shall indemnify and hold harmless Buyer, Engineer andtheir officers, directors, members, partners, employees, agents, consultants, contractors, andsubcontractors from and against all claims, costs, losses, damages, and judgments (including butnot limited to all reasonable fees and charges of engineers, architects, attorneys and otherprofessionals and all court or arbitration or other dispute resolution costs) arising out of orrelating to any infringement or alleged infringement of any United States or foreign patent orcopyright by any of the Goods as delivered hereunder.

B. In the event of suit or threat of suit for intellectual property infringement, Buyer will promptlynotify Seller of receiving notice thereof.

C. Seller shall promptly defend the claim or suit, including negotiating a settlement. Seller shallhave control over such claim or suit, provided that Seller agrees to bear all expenses and tosatisfy any adverse judgment thereof.

1. If Seller fails to defend such suit or claim after written notice by Buyer, Seller will bebound in any subsequent suit or claim against Seller by Buyer by any factualdetermination in the prior suit or claim.

2. If Buyer fails to provide Seller the opportunity to defend such suit or claim after writtennotice by Seller, Buyer shall be barred from any remedy against Seller for such suit orclaim.


Page 29

D. If a determination is made that Seller has infringed upon intellectual property rights of another,Seller may obtain the necessary licenses for Buyer’s benefit, or replace the Goods and providerelated design and construction as necessary to avoid the infringement at Seller’s own expense.

12.03 Buyer’s Infringement

A. Buyer shall indemnify and hold harmless Seller, and its officers, directors, partners, employees,agents, consultants, contractors, and subcontractors from and against all claims, costs, losses,damages, and judgments (including but not limited to all reasonable fees and charges ofengineers, architects, attorneys and other professionals and all court or arbitration or otherdispute resolution costs) arising out of or relating to any infringement or alleged infringement ofany United States or foreign patent or copyright caused by Seller’s compliance with Buyer’sdesign of the Goods or Buyer’s use of the Goods in combination with other materials orequipment in any process (unless intent of such use was known to Seller and Seller had reason toknow such infringement would result).

B. In the event of suit or threat of suit for intellectual property infringement, Seller must afterreceiving notice thereof promptly notify Buyer.

C. Upon written notice from Seller, Buyer shall be given the opportunity to defend the claim or suit,including negotiating a settlement. Buyer shall have control over such claim or suit, providedthat Buyer agrees to bear all expenses and to satisfy any adverse judgment thereof.

1. If Buyer fails to defend such suit or claim after written notice by Seller, Buyer will bebound in any subsequent suit or claim against Buyer by Seller by any factualdetermination in the prior suit or claim.

2. If Seller fails to provide Buyer the opportunity to defend such suit or claim after writtennotice by Buyer, Seller shall be barred from any remedy against Buyer for such suit orclaim.

12.04 Reuse of Documents

A. Neither Seller nor any other person furnishing any of the Goods and Special Services under adirect or indirect contract with Seller shall: (1) acquire any title to or ownership rights in any ofthe Drawings, Specifications, or other documents (or copies of any thereof) prepared by orbearing the seal of Engineer or its consultants, including electronic media versions; or (2) reuseany of such Drawings, Specifications, other documents, or copies thereof on any other projectwithout written consent of Buyer and Engineer and specific written verification or adaptation byEngineer. This prohibition will survive termination or completion of the Contract. Nothingherein shall preclude Seller from retaining copies of the Contract Documents for recordpurposes.

12.05 Electronic Data

A. Unless otherwise stated in the Supplementary Conditions, copies of data furnished by Buyer orEngineer to Seller, or by Seller to Buyer or Engineer that may be relied upon are limited to theprinted copies (also known as hard copies). Files in electronic media format of text, data,


Page 30

graphics, or other types are furnished only for the convenience of the receiving party. Anyconclusion or information obtained or derived from such electronic files will be at the user’s solerisk. If there is a discrepancy between the electronic files and the hard copies, the hard copiesgovern.

B. Because data stored in electronic media format can deteriorate or be modified inadvertently orotherwise without authorization of the data’s creator, the party receiving electronic files agreesthat it will perform acceptance tests or procedures within 60 days, after which the receiving partyshall be deemed to have accepted the data thus transferred. The transferring party will correctany errors detected within the 60-day acceptance period.

C. When transferring documents in electronic media format, the transferring party makes norepresentations as to long term compatibility, usability, or readability of documents resultingfrom the use of software application packages, operating systems, or computer hardwarediffering from those used by the data’s creator.

ARTICLE 13 – DISPUTE RESOLUTION

13.01 Dispute Resolution Method

A. Either Buyer or Seller may initiate the mediation of any Claim decided in writing by Engineerunder Paragraph 9.06.B or 9.06.C before such decision becomes final and binding. Themediation will be governed by the Construction Industry Mediation Rules of the AmericanArbitration Association in effect as of the Effective Date of the Agreement. The request formediation shall be submitted in writing to the American Arbitration Association and the otherparty to the Contract. Timely submission of the request shall stay the Engineer's decision frombecoming final and binding.

B. Buyer and Seller shall participate in the mediation process in good faith. The process shall beconcluded within 60 days of filing of the request. The date of termination of the mediation shallbe determined by application of the mediation rules referenced above.

C. If the mediation process does not result in resolution of the Claim, then Engineer’s writtendecision under Paragraph 9.06.B or a denial pursuant to Paragraph 9.06.C shall become final andbinding 30 days after termination of the mediation unless, within that time period, Buyer orSeller:

1. elects in writing to invoke any dispute resolution process provided for in theSupplementary Conditions, or

2. agrees with the other party to submit the Claim to another dispute resolution process, or

3. if no dispute resolution process has been provided for in the Supplementary Conditions,delivers to the other party written notice of the intent to submit the Claim to a court ofcompetent jurisdiction, and within 60 days of the termination of the mediation institutessuch formal proceeding.


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ARTICLE 14 – MISCELLANEOUS

14.01 Giving Notice

A. Whenever any provision of the Contract Documents requires the giving of written notice, it willbe deemed to have been validly given if: 1) delivered in person to the individual or to a memberof the firm or to an officer of the corporation for whom it is intended, or 2) if delivered at or sentby registered or certified mail, postage prepaid, to the last business address known to the giver ofthe notice.

14.02 Controlling Law

A. This Contract is to be governed by the law of the state in which the Point of Destination islocated.

B. In the case of any conflict between the express terms of this Contract and the UniformCommercial Code, as adopted in the state whose law governs, it is the intent of the parties thatthe express terms of this Contract shall apply.

14.03 Computation of Time

A. When any period of time is referred to in the Contract Documents by days, it will be computed toexclude the first and include the last day of such period. If the last day of any such period falls ona 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.

14.04 Cumulative Remedies

A. The duties and obligations imposed by these General Conditions and the rights and remediesavailable hereunder to the parties hereto are in addition to, and are not to be construed in anyway as a limitation of, any rights and remedies available to any or all of them which areotherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or byother provisions of the Contract Documents, and the provisions of this paragraph will be aseffective as if repeated specifically in the Contract Documents in connection with each particularduty, obligation, right, and remedy to which they apply.

14.05 Survival of Obligations

A. All representations, indemnifications, warranties and guarantees made in, required by, or givenin accordance with the Contract Documents, as well as all continuing obligations indicated in theContract Documents, will survive final payment, completion, and acceptance of the Goods andSpecial Services and termination or completion of the Agreement.

14.06 Entire Agreement

A. Buyer and Seller agree that this Agreement is the complete and final agreement between them,and supersedes all prior negotiations, representations, or agreements, either written or oral. ThisAgreement may not be altered, modified, or amended except in writing signed by an authorizedrepresentative of both parties.

Section 00900 January 2016

1

SECTION 00900

FUNDING AGENCY SPECIAL PROVISIONS FOR MONTANA PUBLIC FACILITY PROJECTS

This section supplements Division 0 of the Montana Public Works Standard Specifications, Sixth Edition,dated April, 2010.

Included herein are supplemental general conditions that are required by Montana public facility fundingprograms or agencies listed in 1.1 below but are not included in the Montana Public Works StandardSpecifications, Division 0.

ARTICLE 1. SPECIAL PROVISIONS

1.1 FUNDING AGENCIES

This project is being funded with funds from one or more of the following public facility funding programs oragencies:

Renewable Resource Grant and Loan Program (RRGL)Treasure State Endowment Program (TSEP)United States Department of Agriculture Rural Development (USDA/RD)Community Development Block Grant Program (CDBG)Drinking Water or Water Pollution Control State Revolving Fund Loan Program (SRF)

1.1.1 Applicable Funding Agency Special Provisions

In addition to Section 1.2 below, the following sections also apply as indicated:

Section 1.3 (Additional USDA/RD Requirements)Section 1.4 (Additional CDBG Requirements)

X Section 1.5 (Additional SRF Requirements)Exhibit A (Project Sign Detail)Exhibit B (HUD Form 4010)

Exhibit C (Federal Labor Standards Provisions)Exhibit D (DBE Forms)

X Exhibit E (American Iron and Steel Forms)

1.2 SPECIAL PROVISIONS FOR ALL FUNDING AGENCIES

The following requirements pertain to all of the funding programs or agencies listed in 1.01 above. If projectfunding sources include any of the programs or agencies listed, the following general requirements must bemet in addition to those required in the Montana Public Works Standard Specifications, Division 0:

1.2.1 Reports, Information, and Access to Records

The contractor, at such times and in such form as required by the owner (defined herein as the entity forwhich the project is being constructed) shall furnish reports pertaining to the work or services undertakenpursuant to this contract, the costs and obligations incurred or to be incurred in connection therewith, and anyother matters covered by this contract.

The owner and any federal, state or local governmental agency having a valid interest in this project shall bepermitted by the contractor to have full access to and the right to examine pertinent documents of thecontractor involving transactions related to this contract during the period of the project and for three (3) yearsfrom the date of final payment or until all findings have been resolved to the satisfaction of the fundingagencies.

Section 00900 June 2014

2

1.2.2 Contractor Eligibility and Certification Regarding Debarment

The contractor certifies that the contractor's firm and the firm's principals are not debarred, suspended, orotherwise ineligible to receive any Montana public works contracts or subcontracts pursuant to 18-2-432 (2),MCA.

For federally funded projects, the contractor certifies that the contractor's firm and the firm's principals are notdebarred, suspended, voluntarily excluded, or otherwise ineligible for participation in federally assistedcontracts under Executive Order 12549, "Debarment and Suspension" (24 CFR 24.505).

1.5 ADDITIONAL SPECIAL PROVISIONS FOR SRF

1.5.1 Certification Regarding Debarment, Suspension and Other Responsibility Matters

A. INSTRUCTIONS

Under Executive Order 12549, an individual or organization debarred or excluded from participation inFederal assistance or benefit programs may not receive any assistance award under a Federal program, ora subagreement thereunder for $25,000 or more. The status of prospective individuals or organizations canbe checked at:

http://www.sam.gov/

A prospective prime contractor must submit a completed certification (see form on the following page) orexplanation to the project owner for the project. Each prospective subcontractor must submit a completedcertification or explanation to the prime contractor for the project.

B. HOW TO OBTAIN FORMS

Additional forms may be obtained from the State or may be reproduced.

Section 00900 June 2014

3

SRF Project Number

United States Environmental Protection AgencyWashington, DC 20460

Certification Regarding Debarment, Suspension, andOther Responsibility Matters

The prospective participant certifies to the best of its knowledge and belief that it and its principals:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarilyexcluded from covered transactions by any Federal department or agency;

(b) Have not within a three year period preceding this proposal been convicted of or had a civiljudgment rendered against them for commission of fraud or a criminal offense in connection withobtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contractunder a public transaction; violation of Federal or State antitrust statutes or commission ofembezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) ofthis certification; and

(d) Have not within a three-year period preceding this application/proposal had one or more publictransactions (Federal, State, or local) terminated for cause or default.

I understand that a false statement on this certification may be grounds for rejection of this proposal ortermination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fineof up to $10,000 or imprisonment for up to 5 years, or both.

Typed Name & Title of Authorized Representative

Signature of Authorized Representative Date

I am unable to certify to the above statements. My explanation is attached.

1.5.2 Prohibition against Listed Violated Facilities

A. REQUIREMENTS

(1) To comply with all the requirements of section 114 of the Clean Air Act, as amended (42 U.S.C. 1857, et seq., asamended by Pub. L. 92-604) and section 308 of the Clean Water Act (33 U.S.C. 1251, as amended), respectively, whichrelate to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 andsection 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before theaward of this contract.

(2) That no portion of the work required by this prime contract will be performed in a facility listed on theEnvironmental Protection Agency list of violating facilities on the date when this contract was awarded unless anduntil the EPA eliminates the name of such facility or facilities from the listing.

(3) To use his best efforts to comply with clean air and clean water standards at the facilities in which the contract isbeing performed.

(4) To insert the substance of the provisions of this clause, including this paragraph (4), in any nonexempt subcontract.

B. DEFINITIONS

(1) Air Act means the Clean Air Act, as amended (42 U.S.C. 1857 et seq.).

(2) Water Act means the Clean Water Act, as amended (33 U.S.C. 1251 et seq.).

(3) Clean Air Standards means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls,prohibitions, or other requirements which are contained in, issued under, or otherwise adopted under the Air Act orExecutive Order 11738, an applicable implementation plan as described in section 110 (d) of the Air Act (42 U.S.C.1857c-5(d)), an approved implementation procedure or plan under section 111 (c) or section 111(d), or an approvedimplementation procedure under section 112(d) of the Air Act (42 U.S.C. 1857c-7(d)).

(4) Clean Water Standards means any enforceable limitation, control, condition, prohibition, standard, or otherrequirement which is promulgated under the Water Act or contained in a permit issued to a discharger by theEnvironmental Protection Agency or by a State under an approved program, as authorized by section 402 of the WaterAct (33 U.S.C. 1342), or by a local government to ensure compliance with pretreatment regulations as required by section307 of Water Act (33 U.S.C. 1317).

(5) Compliance means compliance with clean air or water standards. Compliance shall also mean compliance with aschedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency inaccordance with the requirements of the Air Act or Water Act and regulations.

(6) Facility means any building, plant, installation, structure, mine, vessel, or other floating craft, location, or site ofoperations, owned, leased, or supervised by a contractor or subcontractor, to be used in the performance of a contract orsubcontract. Where a location or site of operations contains or includes more than one building, plant, installation, orstructure, the entire location or site shall be deemed to be a facility except where the Director, Office of Federal Activities,Environmental Protection Agency, determines that independent facilities are located in one geographical area.

1.5.3 American Iron and Steel (AIS) Requirements

On January 17, 2014, H.R. 3547, “Consolidated Appropriations Act, 2014,” (Public Law 113-76, Section 436) was enacted.This law provides appropriations for both the Clean Water State Revolving Fund and the Drinking Water State RevolvingFund for federal fiscal year 2014, while adding an American iron and steel requirement to these already existing programs.

The Act includes a provision for "Use of American Iron and Steel," in Section 436(a)(1). None of the funds made available bya State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C.1381 et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the SafeDrinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of apublic water system or treatment works unless all of the iron and steel products used in the project are produced in the UnitedStates.

The term “iron and steel products” means the following products made primarily of iron or steel: lined or unlined pipes andfittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structuralsteel, reinforced precast concrete, rebar, and construction materials. The iron and steel products used in the project mustcomply with the American Iron and Steel requirements of Section 436 of the Consolidated Appropriations Act of 2014 (P.L.113-76) and as further interpreted by applicable EPA guidance (see http://water.epa.gov/grants_funding/aisrequirement.cfm ).

The General Contractor(s) shall provide the Owner with a certifying statement upon project completion that all of thequalifying iron and steel components used in the project are produced in the United States. General Contractor(s) shallensure that all subcontractors and manufacturers/suppliers on the project have met the AIS requirements. TheManufacturer/Supplier Certification forms should be provided to the Owner prior to product purchase or be supplied with thedelivery of the products. Certification forms for the General Contractor(s) and manufacturers/suppliers are found in Exhibit Eof Section 00900.

A waiver from the American Iron and Steel requirements may be issued by the Administrator of the Environmental ProtectionAgency if it is found that: 1) applying the American Iron and Steel provisions would be inconsistent with the public interest; 2)iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of asatisfactory quality; or 3) inclusion of iron and steel products produced in the United States will increase the cost of the overallproject by more than 25 percent. Waiver requests must be submitted to the state for review and submittal to the EPA.

EXHIBIT E

American Iron and Steel (AIS) Forms

GENERAL CONTRACTOR CERTIFICATION

Consolidated Appropriations Act, 2014

USE OF AMERICAN IRON AND STEEL

On January 17, 2014, H.R. 3547, “Consolidated Appropriations Act, 2014,” (Public Law 113-76, Section436) was enacted. This law provides appropriations for both the Clean Water State Revolving Fund andthe Drinking Water State Revolving Fund for federal fiscal year 2014, while adding an American iron andsteel requirement to these already existing programs.

The Act includes a provision for "Use of American Iron and Steel," in Sec. 436(a)(1). None of the fundsmade available by a State water pollution control revolving fund as authorized by title VI of the FederalWater Pollution Control Act (33 U.S.C. 1381 et seq.) or made available by a drinking water treatmentrevolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12)shall be used for a project for the construction, alteration, maintenance, or repair of a public water systemor treatment works unless all of the iron and steel products used in the project are produced in the UnitedStates.

As the general contractor for the project(s) using revolving loan funds, the undersigned attests that theyhave performed the necessary oversight to ensure this provision was met on the project(s) being funded.

I, the undersigned authorized representative of , dohereby certify that by accepting funds allocated from the State Revolving Fund (SRF), I attest that allmaterials and supplies used on the project(s), where any SRF funds were used, have complied with theabove provision of the Consolidated Appropriations Act.

Project Name ,

DEQ Loan Project Number ,

Authorized Signature , Date ,

Title ,

Print Name

MANUFACTURER OR SUPPLIER CERTIFICATION

Consolidated Appropriations Act, 2014

USE OF AMERICAN IRON AND STEEL

On January 17, 2014, H.R. 3547, “Consolidated Appropriations Act, 2014,” (Public Law 113-76, Section436) was enacted. This law provides appropriations for both the Clean Water State Revolving Fund andthe Drinking Water State Revolving Fund for federal fiscal year 2014, while adding an American iron andsteel requirement to these already existing programs.

The Act includes a provision to for "Use of American Iron and Steel," in Section 436(a)(1). None of thefunds made available by a State water pollution control revolving fund as authorized by title VI of theFederal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or made available by a drinking watertreatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C.300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a publicwater system or treatment works unless all of the iron and steel products used in the project are producedin the United States.

This certification applies to the following specific iron and steel products to be incorporated into thisproject:

Manufacturer Name:

Material/Product Description:

Location of factory where these products will be manufactured:

As a manufacturer or supplier for the project(s) using revolving loan funds, the undersigned attests thatthey have performed the necessary oversight to ensure this provision was met on the project(s) beingfunded.

I, the undersigned authorized representative of , dohereby certify that by accepting funds allocated from the State Revolving Fund (SRF), I attest that allqualifying iron and steel products purchased for or used on the project(s), where any SRF funds wereused, have complied with the above provision of the Consolidated Appropriations Act.

Project Name ,

DEQ Loan Project Number ,

Authorized Signature , Date ,

Title ,

Print Name .

EJCDC P-610 Performance Bond for Procurement ContractsPublished jointly by National Society of Professional Engineers, American Council of Engineering Companies,

American Society of Civil Engineers, and Associated General Contractors of America. 2010. All rights reserved.Page 1

PERFORMANCE BONDFOR PROCUREMENT CONTRACTS

Any singular reference to Seller, Surety, Buyer, or other party shall be considered plural where applicable.

SELLER (Name and Address): SURETY (Name and Address of PrincipalCITY OF RONAN Place of Business):207 Main St SW, Ste A, Ronan, MT 59864

BUYER (Name and Address):

CONTRACTDate:Amount:Description (Name and Location):

BONDDate (Not earlier than Contract Date):Bond Number:Amount:Modifications to this Bond Form:

Surety and Seller, intending to be legally bound hereby, subject to the terms set forth below, do eachcause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, orrepresentative.

Seller as Principal SuretyCompany: (Corp. Seal) Company: (Corp. Seal)

Signature: Signature:Name and Title: Name and Title:

(Attach Power of Attorney)Address:

Telephone Number:

(Space is provided below for signatures of additional parties, if required.)

Seller as Principal SuretyCompany: (Corp. Seal) Company: (Corp. Seal)

Signature: Signature:Name and Title: Name and Title:

Address:Telephone Number:



1. Seller and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,successors and assigns to Buyer for the performance of the Contract, which is incorporated herein byreference. For purposes of this bond, Buyer means Buyer’s assigns, if and when Buyer has assignedthe Contract.

2. If Seller performs the Contract, Surety and Seller have no obligation under this Bond, except toparticipate in conferences as provided in Paragraph 3.1.

3. If there is no Buyer Default, Surety's obligation under this Bond shall arise after:

3.1. Buyer has notified Seller and Surety pursuant to Paragraph 10 that Buyer is consideringdeclaring a Seller Default and has requested and attempted to arrange a conference with Sellerand Surety to be held not later than 15 days after receipt of such notice to discuss methods ofperforming the Contract. (If Buyer, Seller, and Surety agree, Seller shall be allowed areasonable time to perform the Contract, but such an agreement shall not waive Buyer's right, ifany, subsequently to declare a Seller Default); and

3.2. Buyer has declared a Seller Default and formally terminated Seller's right to complete theContract. Such Seller Default shall not be declared earlier than 20 days after Seller and Suretyhave received notice as provided in Paragraph 3.1; and

3.3. Buyer has agreed to pay the Balance of the Contract Price to:

a. Surety in accordance with the terms of the Contract;

b. Another seller selected pursuant to Paragraph 4.3 to perform the Contract.

4. When Buyer has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expensetake one of the following actions:

4.1. Arrange for Seller, with consent of Buyer, to perform and complete the Contract; or

4.2. Undertake to perform and complete the Contract itself, through its agents or throughindependent contractors; or

4.3. Obtain bids or negotiated proposals from qualified sellers acceptable to Buyer for a contract forperformance and completion of the Contract, arrange for a contract to be prepared for executionby Buyer and a seller selected with Buyer's concurrence, to be secured with performance andpayment bonds executed by a qualified surety equivalent to the Bonds issued on the Contract,and pay to Buyer the amount of damages as described in Paragraph 6 in excess of the Balance ofthe Contract Price incurred by Buyer resulting from Seller Default; or

4.4. Waive its right to perform and complete, arrange for completion, or obtain a new seller, and withreasonable promptness under the circumstances, either:

a. determine the amount for which it may be liable to Buyer and, as soon as practicable afterthe amount is determined, tender payment therefor to Buyer; or



b. deny liability in whole or in part and notify Buyer citing reasons therefor.

5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall bedeemed to be in default on this Bond 15 days after receipt of an additional written notice from Buyerto Surety demanding that Surety perform its obligations under this Bond, and Buyer shall be entitledto enforce any remedy available to Buyer. If Surety proceeds as provided in paragraph 4.4, and Buyerrefuses the payment tendered or Surety has denied liability, in whole or in part, without further noticeBuyer shall be entitled to enforce any remedy available to Buyer.

6. After Buyer has terminated Seller's right to complete the Contract, and if Surety elects to act underParagraph 4.1, 4.2, or 4.3, then the responsibilities of Surety to Buyer shall not be greater than thoseof Seller under the Contract, and the responsibilities of Buyer to Surety shall not be greater than thoseof Buyer under the Contract. To a limit of the amount of this Bond, but subject to commitment byBuyer of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Suretyis obligated without duplication for:

6.1. the responsibilities of Seller for correction or replacement of defective Goods and SpecialServices and completion of the Contract;

6.2. Additional legal, design professional, and delay costs resulting from Seller's Default, andresulting from the actions of or failure to act of Surety under Paragraph 4; and

6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damagescaused by delayed performance or non-performance of Seller.

7. Surety shall not be liable to Buyer or others for obligations of Seller that are unrelated to the Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelatedobligations. No right of action shall accrue on this Bond to any person or entity other than Buyer orits heirs, executors, administrators, successors, or assigns.

8. Surety hereby waives notice of any change, including changes of time, to the Contract or to relatedsubcontracts, purchase orders and other obligations.

9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competentjurisdiction in the location of the Point of Destination, and shall be instituted within two years afterSeller Default or within two years after Seller ceased working or within two years after Surety refusesor fails to perform its obligations under this Bond, whichever occurs first. If the provisions of thisparagraph are void or prohibited by law, the minimum period of limitation available to sureties as adefense in the jurisdiction of the suit shall be applicable.

10. Notice to Surety, Buyer or Seller shall be mailed or delivered to the address shown on the signaturepage.

11. When this Bond has been furnished to comply with a statutory or other legal requirement in thelocation of the Point of Destination, any provision in this Bond conflicting with said statutory or legalrequirement shall be deemed deleted herefrom and provisions conforming to such statutory or otherlegal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construedas a statutory bond and not as a common law bond.



12. Definitions.

12.1. Balance of the Contract Price: The total amount payable by Buyer to Seller under the Contractafter all proper adjustments have been made, including allowance to Seller of any amountsreceived or to be received by Buyer in settlement of insurance or other Claims for damages towhich Seller is entitled, reduced by all valid and proper payments made to or on behalf of Sellerunder the Contract.

12.2. Contract: The agreement between Buyer and Seller identified on the signature page, includingall Contract Documents and changes thereto.

12.3. Seller Default: Failure of Seller, which has neither been remedied nor waived, to perform orotherwise to comply with the terms of the Contract.

12.4. Buyer Default: Failure of Buyer, which has neither been remedied nor waived, to pay Seller asrequired by the Contract or to perform and complete or comply with the other terms thereof.

Notice of AwardDate:

Owner's Contract No.:Owner:

Project:

Contract: Engineer's Project No.:

Bidder:

Bidder's Address: [send Notice of Award Certified Mail, Return Receipt Requested]

You are notified that your Bid dated ____ for the above Contract has been considered. You are theSuccessful Bidder and are awarded a Contract for

The Contract Price of your Contract is______________Dollars ($ _____ ).

[Insert appropriate data if unit prices are used. Change language for cost-plus contracts.]

____ copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award.

You must comply with the following conditions precedent within [15] days of the date you receive thisNotice of Award.

1. Deliver to the Owner [ _] fully executed counterparts of the Contract Documents.

2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in theInstructions to Bidders and General Conditions.

3. Other conditions precedent:

Failure to comply with these conditions within the time specified will entitle Owner to consider you indefault, annul this Notice of Award, and declare your Bid security forfeited.

Within ten days after you comply with the above conditions, Owner will return to you one fully executedcounterpart of the Contract Documents.

Owner

By:Authorized Signature

TitleCopy to Engineer

EJCDC C-510 Notice of AwardPrepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.

Page 1 of 1

Owner:

Project:

Contractor:

Contractor's Address:

Notice to Proceed

Date:

You are notified that the Contract Times under the above Contract will commence to run on_________________ . On or before that date, you are to start performing your obligations under theContract Documents. In accordance with Article 4 of the Agreement, the date of SubstantialCompletion is in ____ ____________.

Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions providesthat you and Owner must each deliver to the other (with copies to Engineer and other identified additionalinsureds and loss payees) certificates of insurance which each is required to purchase and maintain inaccordance with the Contract Documents.

Also, before you may start any Work at the Site, you must:

Owner

Given By:

Authorized Signature

Title

Date

Copy to Engineer

EJCDC C-550 Notice to Proceed

Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.

Page 1 of 1

EJCDC C-941 Change Order


Page 1 of 2

Change Order

No.

Date of Issuance: Effective Date:

Project:

Owner:

Owner's Contract No.:

Contract:

Date of Contract:

Contractor:

Engineer's Project No.:

The Contract Documents are modified as follows upon execution of this Change Order:

Description:

Attachments (list documents supporting change):

CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:

Original Contract Price: Original Contract Times: Working days Calendar days

Substantial completion (days or date):

$ Ready for final payment (days or date):

[Increase] [Decrease] from previously approved

Change Orders No. to No. : [Increase] [Decrease] from previously approved Change Orders

No. to No. :

Substantial completion (days):

$ Ready for final payment (days):

Contract Price prior to this Change Order: Contract Times prior to this Change Order:



[Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order:



Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:


$ Ready for final payment (days or date): RECOMMENDED: ACCEPTED: ACCEPTED:

By: By: By: Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature)

Date: Date: Date:

Approved by Funding Agency (if applicable):

____________________________________________________________

Date:

EJCDC C-941 Change Order


Page 2 of 2

Change Order

Instructions

A. GENERAL INFORMATION

This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times.

Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The

practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes.

If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed.

For supplemental instructions and minor changes not involving a change in the Contract Price or Contract

Times, a Field Order should be used.

B. COMPLETING THE CHANGE ORDER FORM

Engineer normally initiates the form, including a description of the changes involved and attachments based

upon documents and proposals submitted by Contractor, or requests from Owner, or both.

Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for

approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a

negotiated agreement for a previously performed change. After approval by one contracting party, all copies

should be sent to the other party for approval. Engineer should make distribution of executed copies after

approval by both parties.

If a change only applies to price or to times, cross out the part of the tabulation that does not apply.

EJCDC C-940 Work Change Directive


Page 1 of 1

Work Change Directive

No.

Date of Issuance: Effective Date:

Project:

Owner:

Owner's Contract No.:

Contract:

Date of Contract:

Contractor:

Engineer's Project No.:

Contractor is directed to proceed promptly with the following change(s):

Item No. Description

Attachments (list documents supporting change):

Purpose for Work Change Directive:

Authorization for Work described herein to proceed on the basis of Cost of the Work due to:

Nonagreement on pricing of proposed change.

Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time.

Estimated change in Contract Price and Contract Times:

Contract Price $ (increase/decrease) Contract Time (increase/decrease)

days

Recommended for Approval by Engineer: Date

Authorized for Owner by: Date

Received for Contractor by: Date

Received by Funding Agency (if applicable): Date:

Affidavit on Behalf of ContractorPage 1

AFFIDAVIT OF COMPLETION

STATE OF):ss

PROJECT NO.

COUNTY OF)

DATE:

I certify to the best of my knowledge and belief that all work has been performed and materials supplied in strictconformance with the terms and conditions of the corresponding contract documents between___________________________________, the Owner, and ________________________________, theContractor, dated _____________________ for the _____________________________________________________________________________________ Project, No. _________, and further declare that allbills for materials, supplies, utilities, and for all other things furnished or caused to be furnished by theabove-named Contractor and used in the execution of the above Contract have been fully paid, and there are nounpaid claims or demands of State Agencies, subcontractors, materialmen, mechanics, laborers or any othersresulting from or arising out of work done or ordered to be done by said Contractor under the above-identifiedContract.

In consideration of the prior and final payments made and all payments made for authorized changes, theContractor releases and forever discharges the Owner from any and all obligations and liabilities arising byvirtueof said Contract and authorized changes between the parties hereto, either verbal or in writing, and any and allclaims and demands of every kind and character whatsoever against the Owner, arising out of or in any wayrelating to said Contract, and authorized changes.

This statement is made for the purpose of inducing the Owner to make Final Payment under the terms of theContract, relying on the truth and statements contained therein.

Dated this _____ day of _________________, _____, at ___________________, Montana.

CONTRACTOR:

ACCEPTED BYOWNER:

Date

SPECIFICATIONS

10000 EX IS T IN G S YS T EM / S U M M A R Y O FW O R K

A . S U M M A R Y O FW O R K

T hescopeofthisprocurem entdocum entistopurchaseM icrofiltrationM em braneequipm entand

necessary appurtenancesforafully functioningsystem totreatsurfacew aterinconjunctionw iththe

City ofR onan’sexistingS urfaceW aterT reatm entP lant(S W T P )describedbelow . Anticipated

com ponentsincludebutarenotlim itedto

1. M icrofiltrationM em braneT raintoprovideam inim um of2.5logrem ovalofCryptosporidium

a. Feedtank& pum pifnecessary forproposedsystem

2. Backw ashcapabilitiesw ithnoresidualchem icalssuchthatdischargew atercanbereturned to

thesurfacew atersourcecreekpertheDraftEP A P erm it.

a. Backw ashtransfertankifnecessary forproposedsystem

b. O ptionsm ay includeanon-chem icalenhancedbackw ashsystem ;or

i. A backw ashw ithchem icalenhancem entifneutralization/dechlorinationand

disposalsystem isprovided.

3. Com pressedAirS ystem asrequiredforproposedsystem includingadequatestorage& airdryer

4. Clean-In-P lacechem icalcleaningsystem includingm ixingtank,holdingtanks,heater,hydraulic

pum ps,chem icalm eteringpum ps,m onitoringinstrum ents(tem p,pH,chlorine,etc),

neutralizationsystem ,andotherappurtenancesasnecessary

5. M onitoringsystem form em braneintegrity andcom pliance

6. S CADA controlsforparam eterstobem onitoredw ithcapability tolinkintoexistingM icrocom m

S CADA system .

B. EX IS T IN G S YS T EM

T heCity ofR onanrebuilttheirS W T P in2012.T heplanttreatssurfacew aterfrom Crow Creekw hich

originatesintheT ribalW ildernessabovetheplant.

T hisprojectw illaddaM icrofiltrationM em branetreatm entsystem priortotheU V reactorstoprovide

com pliancew iththeL ong-T erm 1 EnhancedS urfaceW aterT reatm entR ule(L T 1ES W T R ),L ong-T erm 2

EnhancedS urfaceW aterT reatm entR ule(L T 2ES W T R ),andM ontanaDEQ Circular1.M ontanaDEQ has

providedaS urfaceW aterR ulesum m ary forthestatethatcanbeview edat

http://deq.m t.gov/P ortals/112/W ater/P W S U B/Docum ents/docs/S urfaceW aterR uleS um m ary.pdf

Com ponentsofthecurrentsystem inthefollow inglist(inflow order)aredepictedinFiguresA andB.

Additionalas-builtinform ationisattachedinAppendixB.

1. R oughFilter:Am iadM odelABF-6000

a. 2500 m icronperforatedscreen

2. FineFilter:Am iadM odelS AF-4500

a. 130 m icronstainlesssteelw eavew irescreen

3. P R V & Flow ControlValve:Cla-ValM odel49-01

a. 6” globeconfiguration

b. 30 to300psiadjustm entrange

c. O rificeplateprovidedtorestrictflow to600 gpm and desiredpsi

4. 6-inchInletandO utletpipesforfuturefiltrationunit

5. U V R eactors:Aquionics,Inline1000

a. T w oR edundanttrains,600 gpm each

6. Floatvalve:Cla-ValM odel129-01

a. 6” angleconfiguration

b. M aintainsafullClearW ell

7. ClearW ell

a. Approxim atevolum e= 9800 gal

b. 6-inchdischargepipestubbedoutform em branebackw ashw atersupply

8. S ystem Flow

a. P eakInstananeous= 600 gpm (lim itedby w aterright)

b. Average= 420 gpm (norm aloperatingconditionbasedondow nstream storagetank)

9. S ystem P ressures

a. Approxim ately 65psipriortoR oughFilter

b. 48psipostFineFilter

c. 5psipriortoU V

d. Clearw ellisopentoatm osphere.

i. Floatm in= 2.6ftfrom clearw ellfloor

ii. Floatm ax= 4ftfrom clearw ellfloor

iii. O verflow = 5ftfrom clearw ellfloor

iv. Backw ashpipeoutlet= 1ftfrom clearw ellfloor

10.S ourceW aterquality isextrem ely good

a. T urbidity R ange0.1 to0.7(S W T P isshutdow nhigherthan0.7)

b. Additionalsam pleresultsinAppendixA oftheContractDocum ents

11.S ystem P ow er

a. S ervicetoexistingsystem is400A,240V,3 P hase

12.S CADA

a. ExistingS cadaisprovidedby M icrocom m (P L C = M 1550 w ith1 Ethernetport

b. Contactforcoordinationofnew com ponents:

ChrisCody (913-390-4500)

ccote@ m c-m ail.com

VICIN IT Y M A P

S U R FA CEW A T ER T R EA T M EN T P L A N T & CIT Y O FR O N A N ,M O N T A N A

FIGU R EA : S IT EP L A N

S U R FA CEW A T ER T R EA T M EN T P L A N T

FIGU R EB:S U R FA CEW A T ER T R EA T M EN T P L A N T

10100 S U M M A R Y O FW O R K

A . S U M M A R Y O FW O R K

T hescopeofthisprocurem entdocum entistopurchaseM icrofiltrationM em braneequipm entand

necessary appurtenancesforafully functioningsystem totreatsurfacew aterinconjunctionw iththe

City ofR onan’sexistingS urfaceW aterT reatm entP lant(S W T P )describedbelow . Anticipated

com ponentsincludebutarenotlim itedto:

1. M icrofiltrationM em braneT raintoprovideam inim um of2.5logrem ovalofCryptosporidium

a. Feedtank& pum pifnecessary forproposedsystem

2. Backw ashcapabilitiesw ithnoresidualchem icalssuchthatdischargew atercanbereturned to

thesurfacew atersourcecreekpertheDraftEP A P erm it.

a. Backw ashtransfertankifnecessary forproposedsystem

b. O ptionsm ay includeanon-chem icalenhancedbackw ashsystem ;or

i. A backw ashw ithchem icalenhancem entifneutralization/dechlorinationand

disposalsystem isprovided.

3. Com pressedAirS ystem asrequiredforproposedsystem includingadequatestorage& airdryer

4. Clean-In-P lacechem icalcleaningsystem includingm ixingtank,holdingtanks,heater,hydraulic

pum ps,chem icalm eteringpum ps,m onitoringinstrum ents(tem p,pH,chlorine,etc),

neutralizationsystem ,andotherappurtenancesasnecessary

5. M onitoringsystem form em braneintegrity andcom pliance

6. S CADA controlsforparam eterstobem onitoredandintegrationintoexistingM icrocom m

S CADA system .

B. S U BM IT T A L R EQ U IR EM EN T S

S ubm itFO U R copiesofthebid proposalandallrequireddocum entsinseparate3-ringbinders.

S ubm ittalstoinclude:

1. BidP roposalForm (addendam ustbeacknow ledged)

2. BidBond

3. AIS (Am ericanIron& S teel)Certification

4. Debarm entCertification

5. S uppliersQ ualificationQ uestionnaire

6. T estingCertificationsofcontam inateandparticulaterem ovalbasedon3rd party,independent

testing.

7. T estingCertificationsofcom pliancew ithAN S I/N S F61 S pecifications.

8. Draw ingS heets

a. P relim inary equipm entlayoutforafully operatingsystem w ithidentifiedbuildingsizeto

housethesystem

b. Generaldraw ingtoconceptualizeintegrationofnew equipm ent(includingbackw ash&

cleaningw astestream s)w ithexistingS W T P .P rovideforapproxim ateelevationsofnew

system com ponentsinrelationtoexistingS W T P

c. Generalprocessandinstrum entationdraw ings(P &ID’s)

9. DetailedS copeofS upply (seediscussioninS ectionC)

C. DET A IL ED S CO P EO FS U P P L Y

T hefollow inginform ationistobesuppliedby them anufactureraspartoftheS ubm ittal

R equirem ents.

1. Includeatablesim ilartoT ableC.1 intheS ubm ittal. Confirm thecom ponents

suppliedaspartofthisproposal.Addontothechartforcom ponentsnot

identifiedbutrecom m endedorrequiredforafully functioningfiltrationsystem

integrationintotheexistingS W T P .

T ableC.1

Com ponent Com ponentDescription

(w hatisincluded)

X = T obesuppliedbyM anufacturer/S upplier

X = T obesuppliedbyothers

N A = N otneeded/N otA pplicabletoproposedsystem

P re-FilterS ystem

M icrofiltrationM em braneT rain

Feedtank& pum p

Backw ashtransfertank& pum p

AirCom pressorS ystem

AirS torage& AirDryer

Clean-in-P laceChem icalsystem (includingm ixingtank& pum p)

W asteHoldingT ank

W asteN eutralizationS ystem

M onitoringsystem

S CADA controls

2. P rovidethefollow inginform ationonthem em branerecom m endedforthisproject:

a. M aterialrating(m icrofiltrationorultrafiltration),nom inalporesize,& m olecular

w eightcut-off.

b. M aterialconfiguration(hollow fiber,inside-out,oroutside-infeedtoperm eate

production)

c. M em branem aterial(P VdF,P S /P ES ,P P ,orP VC)

d. M inim um transm em branepressure(T M P )required

e. M em branem oduledim ensions

f. M oduleinterchangeability.Isthereaparticularm oduletherecom m endedm odule

istargetedtobeasim ilarordirectreplacem entforw ithinacom m onheader

design?

g. M em braneoperatingconditions,m axim um T M P (filtrationandbackw ash),burst

strength,perm eability.

h. M em branepH range,duringnorm aloperationandclean-in-placeprocedures

i. M em braneoxidantexposure(ppm -hrfreechlorineresidual)

j. U S EP A-ET V-N S Fcertificationstatusand relatedpaperw ork

k. L ocationofm odulem anufacturing

l. L engthoftim em oduleandm em branem aterialshavebeeninm anufacturing/active

drinkingw aterservice

m . N um berofm odulesinstalledby them em branesystem m anufacturerintheU nited

S tates

n. N um berofm odulesw ithsim ilarm aterialsinstalledintheN orthw esternU nited

S tates

o. P roratedm em braneterm sandconditionsincludinganticipatedw arranty period

p. Anticipatedm oduledelivery tim eandm ethodfrom tim eofordertoR onan,

M ontana

q. M oduleshelflifeinstorage

r. M em branepilottestingexperienceforsim ilarw aterconditions

3. L istofam inim um of10 (ten)m em branefiltrationsystem sinstalledby theM anufactureof

sim ilarsize,type,andconfiguration.Installationsm ustbeintheU nitedS tatesand perm ittedfor

operationby thestateenvironm entalagency.

a. Dateofinstallation

b. Contactinform ationforow nerandoperatorofthesystem

c. Averageandpeakflow s

d. Designoperatingconditionsforthem em branem odule(flux,perm eability,T M P )

e. M em branereplacem entw arranty

f. Appurtenancesandotherfeaturesincorporated w iththem em branesystem

4. P rovidepre-screeningrequirem ents(ifnecessary)forfeedw aterrequirem entsbeyondthat

providedby existingcourseandfinefilters.

a. P roposeandprovidecostifrequired

5. P roposeandprovidebackw ashsystem m eetingrequirem entsincludingbutnotlim itedto

a. Volum eofbackw ashgeneratedinaday

b. P eakflow anddurationofflow cycles

c. S ourcetank,pum p,andpressurerequired

d. Any chem icalintroductioninbackw ashcycle

i. Chem icalneutralizationordechlorinationm ethods

6. P roposeandprovideClean-in-P lacesystem

a. Equipm entdescription

b. chem icalsneeded,chem icalconcentrations,chem icalcontainm entandstorage

requirem ents

c. frequency anddurationofcleanings

d. tem perature/heating/pum ping/pipingrequirem ents

e. operatorenvironm ent,m aintenancesafety practices

f. Chem icalcleaninglim itations(m axim um num berthatcanbehandledby the

m em branem odulem aterialsincludinglum en,potting,andsupportingstructures)

g. Volum eofCIP w astegeneratedpercycle

h. P eakflow ,duration,andfrequency ofcycles

i. M onitoringequipm entforcom pliantdischarge

j. S olutionoptionsforw astedischarge

i. Backw ashm anholereturnsw atertosourcew atercreek.EP A perm itw ill

requireneutralizationanddechlorinationw ithm onitoringforpH,chlorine,

andotheritem sasrelevanttoproposedprocess.

7. S CADA Controlsystem philosophy andbasicnetw orkstructure.

a. P roposeafully functioningsystem forefficiently operatingandm eetingregulatory

reportingrequirem ents

b. Addresscom patibility w ithexistingM icrocom m S CADA atS W T P

c. P rovideacost

8. DiscussHVAC requirem entsforhousingoffiltrationsystem includingallappurtenances

(M em brane,CIP ,AirCom pressor,Chem icals,etc)

9. DiscussElectricalS ystem requirem entsforfiltrationsystem includingallappurtenances

(M em brane,CIP ,AirCom pressor,Chem icals,etc)

10.Discusstherecom m endedbuildingfootprinttoefficiently houseallsystem com ponentsand

how itw illintegratew iththeexistingsite.

11.L istandprovideacostforsuggestedsparepartstokeepreadily available.

12.P roposeandprovideotherappurtenancesrequiredorsuggestedtooperatetherecom m ended

m em braneefficiently andeffectively.

13.P roposeBaseW arranty specifically by com ponentand w hetheranextendedw arranty is

available.L istcostandterm sofallw arranties.

14.P rovideatabledepictingL ifeCyclecostover20 yearsincludingm odulereplacem ent,pow er

consum ption,chem icals,consum ables,andotherrelevantfactors.P rovidebasisofestim ations.

D. R EGU L A T IO N S

P roposedequipm entm ustprovidethefiltrationcom ponenttobringtheR onanExistingS W T P into

com pliancew iththeL ong-T erm 1 EnhancedS urfaceW aterT reatm entR ule(L T 1ES W T R ),L ong-T erm

2 EnhancedS urfaceW aterT reatm entR ule(L T 2ES W T R ),andM ontanaDEQ Circular1.M ontanaDEQ

hasprovidedaS urfaceW aterR ulesum m ary forthestatethatcanbeview edat

http://deq.m t.gov/P ortals/112/W ater/P W S U B/Docum ents/docs/S urfaceW aterR uleS um m ary.pdf

E. EVA L U A T IO N CR IT ER IA

T ableE.1 w illbeusedtoevaluatethesubm ittedproposals. T heCity reservestherighttocontact

respondentsforclarificationorfollow -upinform ationassetforthintheInform ationtoBiddersto

evaluateiftheproposalm eetsthescopeofafully functioningm icrofiltrationm em branesystem

integrateablew iththeexistingS W T P .

T ableE.1

Criteria W eightedP ercentage

Ability toM eetR egulatory R equirem ents R esponsive/nonresponsive

Q uality & Com pletenessofR esponse 10%

Equipm entQ uality,R eliability,& Efficiency 35%

Experience& Capabilities 15%

CapitalCost 20%

O peration& M aintenance(cost& labor) 10%

L ifeCycleCost 5%

Flexibility toutilizenon-proprietary m odules 5%

F. P R O JECT S CHEDU L E

T hefollow ingm ilestonesareanticipatedonthisproject

Equipm entP rocurem entP roposalsDue N ovem ber1,2016

ConductInterview s(ifrequestedby ow ner) M idN ovem ber2016

N oticeofAw ard Decem ber1,2016

ExecuteEquipm entP urchaseContract Decem ber15,2016

BuildingConstructionBidS olicitation M idM arch2017

BeginConstructionofBuilding M ay 2017

Delivery ofEquipm enttoP rojectS ite July 2017(w eatherdependentonbuildingcom pletion)

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50000 M ICR O FIL T R A T IO N M EM BR A N E

P ACKAGED FIL T R A T IO N S YS T EM U S IN G HO L L O W FIBER M EM BR AN ES

P A R T 1 GEN ER AL

1.1 S CO P E

A. T he M icrofiltration M em brane S ystem S upplier(M M S )shallinclude the follow inginthescopeofsupply:

1. A m em brane filtration system capable ofm eeting perform ance requirem entsgiventhestatedfeedw aterquality andprocesslim itations.

2. S ystem to include Variable Frequency/S peed Drivesforany Feed orR Fpum psprovided,pre-filterstraining system (ifneeded),valvesand instrum entsasrequiredforfully autom atedoperation.

3. Fully autom ated system to prepare and deliver to each m em brane trainchem icalsolutionsforClean-In-P lace(CIP )processes.

4. M aster Controlpanelincluding program m able logic controller (P L C),U serInterface touch-screen w ith an Ethernet connection port forconnecting thesystem totheexistingM icrocom m S CADA system .

5. T he U serinterface shallinclude alim ited num berofscreensw hich displayinform ationthatisselectablebasedontheneedsofthefacility.

6. P rogram m ing to controlthe overallfiltration system and integration w ithupstream feed,dow nstream filtrate,andw astesystem sasrequired.

7. O n-sitestart-upsupportandoversightduringcom m issioningandinitialsystemoperationaltesting,w ithO peratortrainingpercontractagreem ent.

B. R equiredscopeitem sfrom theM M S oraresuppliedinclude:

1. Item sidentifiedinS ection10100 S um m ary ofW ork

C. Item snotincludedinthisspecificationtobesuppliedby O thersinclude:

1. Design and supply ofany required foundationsand anchorsforsecuring theequipm entatthesite.

2. Design,supply and installation ofallcivilinfrastructure including structure toprotect the system from direct sun (dry environm entbetw een 35°Fand 98°F(2°C and37°C),fireandsafety protection,HVAC,sidew alks,platform s,etc.

3. Designandsupply ofthem otorcontrolcenter

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4. Installation ofskid m ounted and loose com ponentsofthe filtration system infinallocation,pertheM M S P &ID

5. Design,supplyandinstallationofallpipingfrom raw w atersupplytotheintakeofthe filtration system ,from the filtration system to filtrate storage,and fordischargeofw astes.

6. Design,supply andinstallationofinterconnectingpipe,inclusiveofpipesupports,flexibleconnectorsw hereneeded,andtubing.

7. Design,supply and installation of w iring,containm ent/conduit,and otherappurtenancesrequired to provide electricalpow erto pum ps,com pressors,controlpanelsandotherequipm ent,includingoff-skidinstrum entation,andasrequired for com m unication betw een off-skid control panels or S CADAsystem s.

8. Back-uppow erasm ay berequired

9. S upply ofany chem icalsrequiredforsystem start-upandcom m issioning

10. Bulkstorageofraw chem icalsusedtopreparedilutecleaningsolutions.

11. O n-goingoperationandm aintenanceofsystem .

12. Applicationforandgainingofallappropriateperm itsandapprovals.

1.2 ACCEP T ABL EM AN U FACT U R ER S A N D S ER VICE

A. T hem anufacturerofthem em branefiltrationsystem shallhaveatleastten(10)years’experience supplying m em brane separation system s and dem onstrate thatem ployeeshave the know ledge to provide the infrastructure to fully support thesystem afterinstallation ofthe equipm ent. T hisincludesthe ability to offerthefollow ingservices:

1. T elephonesupport24 hoursperday,7 daysaw eek

2. S tart-up/com m issioningassistanceaspercontractagreem ent,including:

a. Installationguidance/check-outincluding,butnotlim itedto:

Docum entation providing guidance for all aspects ofassem blingthesystem ,includingbutnotlim itedtoreceiving&unpacking,toolsrequired,interconnecting piping,custom erconnections,utilitiesconnections,filterrack extension,andm oduleinstallation.Docum entationshallincludeachecklistofallitem sthatare to be com plete duringinstallation and priortosystem start-upand com m issioning.

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Know ledgeable M M S personal shall be available throughrem ote contact and on-site asnecessary to provide guidanceduringsystem installationand toguideand provideassistanceduringinstallationoffiltrationm odules.

b. Com m issioning– Docum entationshallbeprovidedlistingactivitiesto take place during dry and w et testing of the system .Know ledgeable M M S personal shall be on site duringcom m issioning activities. A w ritten O perating P rotocolshallbeprovided follow ing com m issioning giving processand equipm entset-pointsforoptim izedoperationofthesystem .

c. T raining – Hands-on and classroom training of Custom er’sO peratorssufficient to prepare them forcontinuing operation ofthe system shallbe conducted during the com m issioning period.Duration of training shall be set per contract requirem ents.T rainingw illcover,atam inim um :

Introductiontothefiltrationm odules

U serInterface

S ystem O peration,FluxM aintenance,andCleanings

M aintenance

M odulepinning

O &M M anualR eview

3. O n-dem andservicesshallbeavailablefrom theM M S ,including:

a. P rocess/equipm enttroubleshootingandrepair

b. P rocessoptim ization

4. S erviceContracts,including:

a. 24-hourperday telephonesupport

b. M aintenanceContracts(Equipm entandCIP procedures)

c. R em oteoron-siteoccasionalsystem statusm onitoring

d. O n-siteserviceforequipm ent/processtroubleshootingandrepair

e. Extendedw arranty coverage

5. O ptionalfuturebolt-onequipm entasneeded,including:

a. Additionalm em brane racks,or expansion of existing m em braneracksforfuturecapacity expansion

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b. CIP w ater/chem icalpreparation

c. CIP chem icalneutralization

d. P re-treatm entequipm entforrem ovalofspecificm atter

B. T he acceptable m anufacturershallbe able to dem onstrate that com ponentsandpiping in the filtration flow path can be provided w hich conform to the N ationalS anitationFoundation(N S F)standard N S F61.

1.3 S U BM IT T A L S

A. S ubm itw ithinfour(4)w eeksofagreem entw ithBuyer:

1. P rocess& Instrum entationDiagram ,configuredfortheCustom er,todepictthe M M S ’sscope ofsupply asdescribed in S ection 10100 S um m ary ofW ork.

2. GeneralArrangem ent Draw ing depicting each skid and tank w ithin theM M S ’sscope,show ingoveralldim ensionsincludingpipinginterfacepoints,skid baseplatedim ensionsand thelocation ofequipm entrequiringaccessduringnorm aloperationofthesystem .

3. ElectricalDraw ingsincludingP ow erS ingle-L ineDiagram ,N etw orkDiagram ,andS ystem InterconnectionDraw ing. T ogetherthesedraw ingsshallshowpow erdistribution,i/ocablingforoff-skidinstrum entsandinterconnectiondetails,and netw orkinterfacesbetw eenthem astercontrolpaneland theS CADA system ifrequired.

4. InstallationM anual

5. CutS heetsforshippedloosefiltrationsystem com ponents

B. S ubm ituponshipm entofequipm ent:

1. O peration& M aintenance(O &M )M anual

a. O &M M anualin the preferred form at ofthree (3)electroniccopieson separate labeled CDs. Ifhardcopy isrequired,one copy shallbeprinted inblackand w hiteonto20 lb paperand placed inasturdy 3ring binder w ith tabulated index w ith clear plastic pocketsfordraw ings. IncludedintheO &M M anualare:

GraphicsofalltypesofO peratoraccessiblecontrolscreens

Detailedoperationaldescriptionofthesystem

P reventativeM aintenanceandT roubleshootingAdvice

Detailed m anufacturer’s inform ation for all m ajor systemcom ponents(providedelectronically only,onCD)

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2. R ecom m endedm echanicalandelectricalS pareandR eplacem entP artsL ist

3. ElectricalDraw ingsforM ainControlP anel,S kidP anels,andany others.

P AR T 2 FIL T R A T IO N S YS T EM GEN ER AL R EQ U IR EM EN T S

2.1 P ER FO R M A N CE

A. T he m em brane provided shallhave dem onstrated at least 5.8-log10 reduction ofGiardiacystsand6.8-log10 Cryptosporidium oocystsindirectchallengetestingby theEnvironm entalT echnology Verification (ET V)program ofthe U S EP A,orregionallyacceptedequivalentagency.

B. T he equipm entprovided shallbecapable ofachievingfiltrate turbidity valuesof0.1N ephelom etric T urbidity U nits(N T U ) orlessat the specified m axim um flow rateundernorm alcircum stancesatraw w aterturbidity upto10 N T U .

2.2 EX P ER IEN CE

A. R eferencesforsim ilarsystem soperating in sim ilarapplicationsshallbe subm ittedw iththeproposal.

B. S ubm itw iththeproposalareportofresultsofdem onstrationtestingusingfiltrationm odulesandasystem sim ilartothatproposedonw aterfrom asim ilarsource.

2.3 FACT O R Y ACCEP T AN CET ES T IN G (FAT )

A. T hem em branefiltrationsystem shallbefully testedpriortoshipm ent. T hepurposeofthe testingisto assure thatthe system com ponentsw illbe fully functionalw henproperly installedatthesite. T hetestingshallinclude:

1. Instrum entoperationandcalibrationverification.

2. Dry test (electric and pneum atic)to check operation ofallfiltration systempum ps,valves,strainer,etc.

3. Verifythatequipm entsuppliedm atchesapprovedP &ID andelectricaldraw ing.

4. Verify alarm sandalarm display.

5. Verifythatthesystem program m ingfollow stheS ystem FunctionalDescription.

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P A R T 3 O P ER AT IO N

3.1 FU L L Y AU T O M A T ED P R O CES S ES

T he filtration system shallinclude allequipm entand controlsforautom ated operation ofthesystem inthefollow ingm odes.

1. Filtration

2. Backw ashR egeneration/FluxM aintenance

3. EnhancedFluxM aintenance(EFM )

4. Chem icalClean-in-P lace(CIP )

5. Integrity T est

6. N eutralization

3.1.1 FIL T R A T IO N

A. T hefiltrationm odeshallbethenorm alm odeofoperation.T hefiltrationm odeshallallow theoperatortopresetthedesiredflow rateforcleanw aterproduction,andthesystem w illautom atically adjust the pum p speed (orinlet flow controlvalve) todeliverthisrateofw aterfrom thesystem .T hesystem controlshallalsobeconfiguredtovaryproductionratebasedontheavailabilityofraw w aterupstream ofthesystem ,orruntom aintainalevelinacollectionclearw elldow nstream ofthesystem . Ifthesystem isem pty,the system w illperform an autom ated fill/vent procedure. T hesystem w illdisplay alarm conditionson the U ser Interface screen,notifying theoperatorofany abnorm alconditions.

3.1.2 FL U X M AIN T EN AN CE

A. Flux M aintenance(FM ),alsoreferred toasBackw ashshallautom atically occuratanadjustable presettim e orvolum e ofw aterprocessed interval. T he processshallbefully autom ated and require no intervention by an operator.T he flux m aintenancem ust include course bubble aeration to m echanically agitate the m em brane fibersand continuousbackflow ofperm eate w aterthrough the m em branesto elim inatethe solidsfrom the system . T he m odulesshallthen be flushed to rem ove anyrem ainingsolidsandairbubblesthroughaselectableoptionofafeedsiderinseusingraw w ater or abackw ash w ith filtrate. T he system shallalarm the operator ofabnorm alconditionsthatw ould preventthe system from enteringtheregenerationcycle.

B. T he S ystem controlsshallensure that only one m em brane train w illenterthe FMprocessat agiven tim e and that otherm em brane trainsw illcontinue processingw aterorpreform ingotherprocessstepsduringtheFM process.

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3.1.3 EN HAN CED FL U X M AIN T EN AN CEAN D CHEM ICAL CL EAN -IN -P L ACE

A. T he system shallinclude the capability ofperform ing chem ically Enhanced FluxM aintenance (EFM ) using achem icalsolution m ade w ith w aterthat hasalreadypassedthroughthehollow fiberm em branesystem .EFM shallautom atically occuratan adjustable preset tim e, volum e of w ater processed interval, or m axtransm em brane pressure (T M P ). T he processshallbe fully autom ated.T he systemshallalarm theoperatorofabnorm alconditionsthatw ouldpreventthesystem fromentering the EFM cycle. Follow ing the EFM cycle,the system shallbe drained andflushedw ithw atertoassurenoresidualchem icalisleftinthesystem .

B. T heS ystem controlsshallensurethatonetrainw illentertheEFM processatagiventim e and thatotherm em brane trainsw illcontinue processingw aterorpreform ingotherprocessstepsduringtheEFM process.

C. T hesystem shallautom aticallyissueaw arningnotifyingtheoperatoroftheprobableneed to chem ically cleanthe m em branesbased on adecreaseinperm eability,oratapre-set duration since the last CIP w asperform ed,w hicheveroccursfirst.O nceinitiatedby theoperator,theCIP processw illbefully autom ated.

3.1.4 IN T EGR IT Y T ES T

A. T hem em branefiltrationsystem m ustbecapableofdirectIntegrity T esting(IT )usingapressure-holdm ethodoperatingatam inim um pressureof25psig.T hetestingm ustbe fully autom ated and should not require operatorintervention unlessafailure isdetected.T he integrity test m ust be capable ofdetecting abreach ofintegrity of3m icronsorlessin size. T he system m ust autom atically alarm ifthe IT failsand becapableofshuttingthesystem dow nonfailure.Ifafailureoccurs,theoperatorshallbe able to easily and quickly identify the defective m odule viasight tubesw ithoutrem oving the m odule from the system and w ithout the use ofspecialtoolsorequipm entw hichrequiresevery m oduletobeindividually tested.

B. Ifrem ovalofadefective m odule isrequired forrepair,the m odule space shallbeeasilyblankedoffandallow thesystem tobereturnedtoserviceusingtherem ainderofthem odules.

C. DirectIntegrity T estM ethodshallcom ply w ithU S EP A m em braneFiltrationGuidanceM anual(N ovem ber2005)andL T 2ES W T R .

D. T esting m ust occurat least once perday w hen the system isoperating;orpriortoplacingthesystem inserviceifithasbeenoffform orethan24 hours.

3.1.5 N EU T R A L IZAT IO N

A. Capability m ust be offered to autom atically neutralize chem icalcleaning solutionspriorto discharge from the m em brane filtration system . Instrum entation shallbe

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available to m onitorpH leveland free chlorine content through m easurem ent ofoxidation-reduction potential (O R P ). T he neutralization processshall be fullyautom ated. T hesystem shallalarm theoperatorofabnorm alconditionsthatw ouldpreventneutralizationfrom takingplace.

3.2.0 M IN U M IM W AT ER P R O DU CT IO N

A. T hesystem providedm ustbeabletoproduceam inim um of750,000 gallonsperdayoftreated w aterat the typicalconditionssum m arized in S ection 10000,ExistingS ystem .T reatedw aterconsum edinbackw ash,EFM ,orCIP cyclesm ustbeproducedinadditiontothisnum ber.

B. S ystem m ustbe able to operate and produce fully treated w aterw ith one orm orem odulesoutofservice.T heAverageflow rateof420gpm isthem inim um acceptableflow rateduringthiscondition.

P AR T 4 EQ U IP M EN T T O BEP R O VIDED

4.1 M EM BR AN EFIL T ER S YS T EM S KIDS

A. T hefiltrationsystem shallbeacom pletepackagethatisprim arilyskidm ounted.T hesystem shallcontain allpum ps(ifrequired),m anual& autom ated valves,tanks,instrum ents,pre-filters(ifrequired),m em branes,controlsystem ,on-skid piping,w iring,conduit,and tubingtom akeupafully operationalsystem . T oaccom m odateshipping,unloading,andlayoutflexibility,thesystem shallbeprovidedinoneorm orepiecesto be m ounted atthe site forinstallation. Itshallbe the responsibility oftheinstallationcontractororow nertoprovideandinstalltheinterconnectpiping,w iring,etc.inaccordancetoinstallationsinstructionsprovidedby theM M S .

B. S pecificsupplierscopedeterm inestheequipm entprovided. Eachsystem shallhaveoptionsavailableforpurchasetoincludethefollow ingfeatures/equipm ent:

Feed,R F (R everse Flush)and CIP T anks(asrequired)w ith associated levelinstrum entationandcapability toheatw aterforcleanings

Feed (ifrequired)pum p(s),R ecirculation pum p(s),and R everse Flush (R F)pum p(s)w ithskidm ountedVFDs

CIP Circulationpum p

O n-skidautom aticbackw ashingpre-filter(ifrequired)

P ressure transm ittersfor pre-filter (ifrequired) and m em brane pressuredifferentialm easurem ent

FiltrateT urbidim eterm ountedon-skid(inlet& outlet)

T em perature transm ittersfor m easurem ent of feed w ater and cleaningsolutiontem perature

Filtrate/Backw ashflow transm itter

Allinstrum entsfully w iredtocentraljunctionbox orm anifoldm ountedI/O

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P re-installedon-skidpneum atictubingforautom ated valveactuation

Fully autom atedIntegrity T esting

Fullyautom atedAirS crub/Backw ashsystem ,w ithoptionavailablethatdoesnotrequireuseofanR FT ank

Fully autom atedCIP (Clean-In-P lace)system ,w ithN eutralizationavailable

4.2 M EM BR AN ES

A. M em braneshallbe0.1 m icronrated,high-crystallineP VDF(P olyvinylidenefluoride)orP ES (P olyethersulfone).

B. M em branefibersm anufacturedby aN on-S olventInducedP haseS eparation(N IP S )processorby ahybridprocess(N IP S andT IP S )shallnotbeconsidered.

C. M em branesandm oduleshallbecom patiblew iththefollow ingcleaningandtreatm entchem icalsatthelevelsindicated.

Chem ical M axim um Concentration

N aO Cl < 5000 ppm

N aO H <4% < 4%

HN O 3,HCl,H2S O 4 < 10%

CitricAcid < 20%

O xalicAcid < 2%

EDT A < 0.4%

HydrogenP eroxide < 2%

N a/KM nO 4 10pp < 5000ppm

Chlorinedioxide,ClO 2 0.2ppm < 0.2 ppm

G. M em braneandm oduleshallbecom patiblew iththefollow ingcoagulants: Alum (Alum inum S ulfate) P ACl(P olyalum inum Chloride) ACH (Alum inum Chlorohydrate) FeCl3 (FerricChloride) Fe2(S O 4)3 (FerricS ulfate)

4.2.1 M EM BR AN EM O DU L ES

A. T hem em branefibersshallbeencasedinanABS (Acrylonitrile-Butadiene-S tyrenecopolym er),P VC orCP VC housingthatissuitableforoperatingpressuresupto45psigandupto104F. T hem em branefiberstogetherw iththehousingshallbereferredtoasam em branem odule.

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B. T hem odulesshallbeconstructed asanintegralunit,w ithoutm echanicalsealssuchaso-ringsandgaskets,toelim inatetheriskofraw w aterbypasstothefiltratesideofthem em brane.

C. T hem odulesshallnotrequirespecialliftingm echanism sforhandlingandm ustbeabletobeindividually rem ovedfrom them em branerack.

4.3 P R E-FIL T ER AS S EM BL Y (ifneeded)

A. T hefiltrationsystem m ayincludeanon-skidautom aticself-cleaningstrainertoprotectthem em branesfrom particlesthatm aycausedam age.T hestrainerbackw ashshallbeinitiatedataspecifiedtim eintervalw ithadifferentialpressuresetpointoverride.

S trainerS pecifications:T ype: S elf-CleaningS creenS ize: 300 M icronorasrequiredby m anufacturerW ettedP arts: S tainlessS teel,AcetalM otor: 50/60 Hz,ifapplicable

4.4 P U M P A S S EM BL IES

4.4.1 FEED P U M P A S S EM BL Y (ifneeded)

A. W here sufficient raw w aterpressure isnot available,each filtration system shallbesupplied w ith skidded centrifugalpum p assem bliesto feed the raw w ater,and ifrequestedthecirculationofCIP solution,tothem em branem odules. T hepum psshallprovidethespecifiedrateoffiltrateflow atapressureadequatetobereceivedby theexistingU V trainattheexistingon-sightpressureconditions,approxim ately 5psi.

FeedP um pS pecifications:T ype: CloseCoupledCentrifugalM echanicalS eal: Carbon/S iliconCarbide/EP RM otorS pecifications: 3-phase,T EFC,2-pole

240VS tandardEfficiency1.15servicefactorat40 degreesCContinuoustim eratedat40 degreesC

B. T he Feed P um p assem bly shallbe driven by aVariable Frequency Drive (VFD)tom aintainthefiltrateflow rateovervaryinglevelsofflow resistancecausedbyloadingofthem em branes. T heVFD shallbeN EM A 4 (IP 65)rated.

4.4.2 R EVER S EFIL T R A T IO N (R F)P U M P A S S EM BL Y

A. Forbackw ash ofthe m em branes,each system configured such that it requiresthispum ping capability shallinclude an on-skid centrifugalpum p assem bly to deliverfiltrate from the R F tank in the reverse direction to the m em brane m odules.

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Alternately,an option shallbe available to enable the R Fprocessw ithoutthe use oftankage oraseparate R F pum p w ithout reduction in the effectivenessofthe FMprocess.

R FP um pS pecifications:T ype: CloseCoupledCentrifugalM echanicalS eal: Carbon/S iliconCarbide/EP RM otorS pecifications: 3-phase,T EFC,2-pole

240VS tandardEfficiency1.15servicefactorat40 degreesCContinuoustim eratedat40 degreesC

B. T heR Fpum passem blyshallbedrivenby avariablefrequencydrive(VFD)sothattheproperflow to backw ash the m em branescan be m aintained,even ifthe num berofm oduleschanges. T heVFD shallbeN EM A 4 (IP 65)rated.

4.5 T AN KS

4.5.1 FEED T AN K(ifnecessary)

A. T he filtration system hasthe option to include aFeed T ank asabufferto the raww atersupply. T histankallow sforadiscrete cut-offpointbetw een the boundary ofthe filtration system and the existing w ater supply system by O thers. Anotherpurpose ofthistankisto allow easy integration ofthe raw w atersupply,typically araw w aterpum p.

B. T heFeedT ankshallbeequippedw ithlevelinstrum entationandam odulatingcontrolvalve sized to operate in the range of5-30 P S IG (0.3-2 bar)upstream pressure tocontroltanklevel.

D. T heFeedT ankshallbeconstructedofHDP EorN S F61 FR P andbecom patiblew ithCIP/ w atertreatm entchem icalssuch assodium hypochlorite,organicacids,potassiumperm anganate,chlorine dioxide,and sodium hydroxide. T ankshallbe located off-skid.

4.5.2 BACKW AS H /R EVER S EFIL T R A T IO N (R F)T AN K (ifrequired)

A. Ifrequired forthe style ofvalve rackused,aclosed tankshallbe included to collectcleanperm eatetobeusedforbackw ashofthem em branes.

B. T heR FT ankshallbeequippedw ithlevelinstrum entationandthecontrolsystem w illautom atically preventoverflow innorm aloperation.

C. T he R F T ank shallbe fully enclosed to prevent contam ination.It shallbe ventedthroughafilterassem bly w ithrem ovablecartridgesratedat10 m icronsabsolute.

D. T heR FT ankshallbeconstructedofHDP EorN S F61 FR P andlocatedoff-skid.

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4.5.3 CIP /EFM T AN K

A. T hefiltrationsystem shallincludeaCIP /EFM T ank.T histankshallbesizedtocontainthew arm w atersupply neededfortheCIP /EFM processes.

B. T heCIP /EFM T ankshallbeequippedw ithanim m ersionheater,tem peraturecontrolandlevelcontrol,asdescribedinS ection5.1.

C. T heCIP /EFM T ankshallbeconstructed ofHDP Eand becom patiblew ithCIP /w atertreatm ent chem icals such as sodium hypochlorite, organic acids, potassiumperm anganate,chlorine dioxide,and sodium hydroxide. T ankshallbe located off-skid.

4.6 IN S T R U M EN T A T IO N

A. Eachfiltrationunitshallincludeatam inim um thefollow inginstrum entstom onitorandreporttothecontrolsystem forequipm entincluded.

FeedT anklevel

R everseFiltrationT anklevel

P re-filterinletpressure

P re-filteroutletand/orm odulefeedpressure

Inletturbidity

Inlettem perature

Filtrateoutletpressure

Feedflow rateenteringthem em branem odules

X R flow rate(optional)

T hrottlingvalveposition

P ressuresw itchforlow -airpressure

O utletT urbidity

B. Allanalog instrum entation shalluse 24VDC,4-20 m A output. An alarm w illbedisplayedifthesystem detectsatransm itterfailure.

C. L ocal display of the follow ing shall be included,either asintegrated into thetransm itter,orasindividualindicators:

Feedtanklevel

R Ftanklevel

P re-filterinletpressure

P re-filteroutlet/m odulefeedpressure

Filtrateoutletpressure

Feedflow rate

Instrum entairpressureforvalveactuation

Airpressureform oduleregeneration

M oduleregenerationairflow rate

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D. AN AL YT ICAL IN S T R U M EN T A T IO N shallbeprovidedasfollow s:

FeedT urbidim eter-HachFiltertrac1720 orequivalent

FiltrateT urbidim eter-Hach660 L aserN ephelom eterorequivalent

O ptionalpH andO R P m easurem entifchem icalneutralizationisrequired

E. L EVEL T R A N S M IT T ER S

1. T ankleveltransm ittersshallprovideaccurateindicationoftanklevelusingapressurem easurem entoftheheadinthetank. W ettedcom ponentsshallbe316L stainlesssteel.ElectronicsshallbeFM approved,orregionalequivalent.

2. L eveltransm ittersshallbepressuretypew ithm easuringrange0-30 P S I(0-2bar).

F. P R ES S U R ET R A N S M IT T ER S

1. P ressuretransm ittersshallbeFM approved,orregionalequivalent,w ith316Lstainlesssteelw ettedcom ponents.

2. P ressure transm itter shall be a P ressure Indicating T ransm itter w ithm easuringrange0-150 P S I(0-10 bar).

G. FL O W T R A N S M IT T ER S

Flow transm ittersforfeed and backw ash service shallbe m agnetictype,w ith P T FElinedw ettedcom ponentsand316L S S T electrodes.ElectronicsshallbeFM approved.

T ransm itterS pecifications:T ype: M agneticFlow T ubeL iner: T eflonM ounting: Integralm ounttotransm itterElectrodes: T w o316L S S T ,onegroundT ransm itter: 5-30 VDC P ow erEnclosure: N EM A 4X ,CS A T ype4X ,IP 66/67

H. T EM P ER AT U R ET R A N S M IT T ER S

1. T em perature transm ittersshallbe perm anently m ounted in the skid pipingto protect the m em branesfrom high tem perature and to m onitorCIP /EFMtem peraturetoassurepropercleaning.

2. T em perature transm ittershallbe R T D type w ith therm ow ellconstructed of316S S .

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I. P R ES S U R EGU AGES

P ressure Gaugesshallbe bourdon tube type w ith aliquid filled 2 ½ ” (63 m m )diam eterdialdisplay. T ube,socket,and case m aterialsshallbe 316 S S T . R eadoutshallbeinbothP S IandkP aorbar.

J. P R ES S U R ES W IT CHES

1. T he pressure sw itch isused to verify that the airpressure isadequate toactuatethecontrolvalvesandprovideadequateairfortheairscrub.

2. T he pressure sw itch shallbe adiaphragm type w ith dualaction controlin aN EM A 4 (IP 66/67)housing.S tainlesssteelshallbeused forcontactw ith theprocessair.

4.7 VAL VES

Valvesincontactw ithraw w aterorfiltratew atershallcontainw ettedcom ponentsofstainlesssteel,P VC,andchem ically resistantelastom ers,foodgradew hererequired.

4.7.1 AU T O M A T ED VAL VES

A. Autom atedvalvesusedforthrottlingflow controloron/offvalvesthatcycleregularlyshallbebutterfly orglobetypeandshallincorporateapneum aticactuatorcontrolledby a4-w ay or3-w ay solenoid valve. Butterfly valvesshallbe lug-style forcapturebetw eenAN S IB16.5 styleflanges. Autom ated assem bliesshallhaveanexpected lifeofone(1)m illioncyclesinw aterservice,usingclean,dry,instrum entgradeairasthedrivingforce.

B. P neum aticactuatorsshallbedoublerackand piniontype. Actuatorsshalloperateatadriveairpressureof80 P S IG (5.5bar)orgreater.

C. S upplyairtovalveactuatorsm ustbecontrolledby4-w ayand3-w ayelectricalsolenoidvalvesthatreceiveelectricalsignalsfrom thecontrolsystem . S olenoidvalvesshallbeblockm ounted.

D. T ubingtodeliverairtoactuatorsshallbem inim um ¼ ” (6m m )polyethylene.

E. S olenoid valvesshallbe m anifold style airvalvesw ith base,24VDC,w ith m anualoverridesandpositionindicatorlights.

4.7.2 M AN U A L VAL VES

A. M anualvalvesforon/offserviceshallbeballorbutterfly type. Forthrottlingservice,m anualvalvesshalllock in place to prevent position changesw ithout m anualintervention.

i. W aterandL ow P ressureAir(< 50psi/< 3.4 bar)

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1. ButterflyvalvesshallbeL ug-S tyleButterfly.Bodyshallbecastiron. Discandstem shallbe316S S . S eatshallbeEP DM ,foodgradeifrequired.

2. Ballvalvesgreaterthanorequalto1 inchshallbeS ocketW eld.

3. Ballvalveslessthan1 inchshallbethreaded.

4. W atercheckvalvesshallbeButterfly Check.

5. AircheckvalvesshallbeS S T BallCheck.

C. HighP ressureAirvalvesshallincludeM uffler,L ockoutCapable.

D. ControlAirpressureregulatorsshallincludeCoalescingFilter/R egulatorandpressureindicatinggauge.

4.8 CO N T R O L S YS T EM

A. T he controlsystem shallbe capable ofoperating the system autom atically w ith am inim um ofoperatorintervention.Inautom aticm ode,thesystem shallm onitortheinstrum ent readingsand adjust the system ’soperation based on those readingsinaccordancew iththepre-program m edlogic. AnO peratorControlS tation/interfaceshallbeprovidedw ithdistributedI/O forequipm entineachprocessarea.

B. M ultiple P L C platform sshallbe supported. P rogram m ingshallbe in structured textand itsstructure shallbe independent ofP L C used. S tandard P L C program m ingsoftw areshallbeR ockw ell,orequivalent.S tandardO peratorInterfacesoftw areshallbeIgnitionby InductiveAutom ation(S CADA).

C. Controlsystem shallbe com patible to integrate key param entersinto existingM icrocom m system .

D. T est plansshallbe utilized in the generation and testing ofthe P L C program m ingw hich describe the inputsand outputsundertest,provide logicflow diagram sforadditionalclarity and establish test casesto be executed to verify processing logic.T heseshallbem adeavailableforreview by theO w ner.

E. T he U serInterface shallutilize aheuristicapproach allow ingthe userto understandand interact w ith the content ofthe system ,encouraging hands-on discovery andoffering auserexperience based on recognition ratherthan recall. A sim ple userscreen design allow sinteraction w ith the contentofthe system w ithoutcom petingsothatrelativevisibility isnotdim inishedforrelevantunitsofinform ation

F. T he controlsystem shallalarm operatorsofabnorm alconditions,w ith intelligenceincorporated to distinguish betw een w arningsand criticalalarm conditions. De-bounce tim ersshallbe associated w ith each alarm w ith the goalof preventingfluctuationsinprocessconditionsfrom activatingnuisancealarm s.

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G. P L C generated processalarm s,equipm ent status,and processvariable valuesforequipm entassociatedw ithaspecificprocessareashallbeavailablefordisplayontheU serInterfacescreenandonthelocalS CADA com puterifused.

H. An em phasisshallbe placed on separating the functionality ofthe system intoindependent,interchangeableFunction Blocks,by enforcing logical boundariesbetw een com ponents. Configured Function Blocksshallbe utilized in the variousprocessunit areasto drive m ultiple functionalities. S equence logic driven by theconfigured FunctionsBlocksshallallow forindividualclientschangingprocessneedstobeeasily integratedw ithoutadversely affectingexistingprocesssequences.

I. T he controlsystem shallprovide localdatalogging,trending,and capability forreportingasdescribedherein. Key process/productiondatavaluesshallbecollectedonspecifiedintervalsandshallberetainedinahistoricaldatabase.A searchtoolshallbeprovided forqueryingand reportingthe datainaw idevariety ofpredefined andad-hoc form ats for the purpose of creating com pliance and perform ancem easurem entreports. T heability todow nloadquerieddatasetsshallbesupported.

DataL oggingshallincludehistoricaldatacollectionforallanalogvalues. S ystemdataw illbecollectedforhistoricalarchivingandforuseintrendingandreportingfunctions. R equirem entsfordatacollection w illbe asrequired to support thetrendsandreportsdeveloped.

Chartingtoolsshallbe provided to display trendsofqueried historicaldatasets.T rend displaysshallpresentreal-tim e dataand historicalprocessdatain an X -Yform at. R eal-tim e trends w ill utilize current process values to generatetem porary graphsthatdo notretain datavalues. T rendsw illutilize historicallycollected dataand w illaccessthe datafilesdirectly foruse in the trend display.Historicaltrendsw illallow page forw ard and backto the lim itsofthe collecteddata. T he trending package shall be configured to autom atically retrievehistoricaldatafrom theproperdatafiletoallow forpagingfunctions.

R eporting toolsshallbe utilized to provide tabularreportsofqueried historicaldatasets,perform ed using astandard operator interface softw are reportingpackage utilizing O P C,O L E and O DBC standardsto ensure acom m on interface.T hereportingpackagew illintegratecollection,logging,extractionandanalysisofdata,alongw ith generationand distribution ofreportsinasecured P DFform at.T heapplicationw illsupportbothbatchandtim ebasedreporttypesandoffertheability to com pare batch reportsfrom different tim e periods. Design ofcustom izedreportsshallbem adeavailableforpurchase.

J.T w o controlm odesshallbe available through the P L C forprocessequipm ent,includingM anualandAutocontrolm odes.

M anualcontrolshallfurnisham eansfortheoperatortoadjustequipm entstatusorsetpointvaluesthroughtheU serInterfaceand/orS CADA. Equipm ententitiesarenotm anipulatedby acontrolalgorithm andcanbedirectly controlledby theoperator. W hen in m anualcontrolm ode,operating safety lim itsm ustbe fixed

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and program ed to prevent operators from adjusting setpoints beyondrecom m endedoperatinglim itsthatcouldcausedam agetotheunit.

Autocontrolshallprovideam eansforautom atically changingequipm entstatusorsetpointvaluesbased onm easured processparam eters,calculated values,oroperatorsetpoints. Equipm ententitiesare m anipulated by acontrolalgorithmandcannotbecontrolledby theoperator.

K. Ingeneral,equipm entinautom aticm odeshouldbetransitionedtoDisablem odeandstoppediftheequipm entfailsorbecom esunavailableortheP L C processorresets.

L . Analog S caling shall be included such that each analog input and output isappropriately scaled for use in internalP L C program m ing,m onitoring by HM Icom puters,ortransm ission to otherP L Cs. R equirem entsforraw count valuesarecoordinatedw iththeoperatorinterfacesoftw aretoensurecom patibility.

M . T he controlsystem shallbe capable ofproviding rem ote accessto the system fromthe M M S viabroadband,m odem ,orcellularconnections. T hisinterface shallallowthe system to be started and stopped in autom aticm ode,display processvariablesand alarm s,allow the userto adjustsystem setpoints,silence/acknow ledgealarm s,m anually initiate autom ated processes,prom pt the userin astep by step fashionduring m anualprocedures,and allow true m anualoperation of the system byallow ing the userto position individualautom ated valvesand controlpum ps. Ifm anualinterventionisrequired duringanautom ated procedurew hilethesystem isin auto the operatorshallbe prom pted asto the m anualstep(s)he orshe needstoperform . O peration ofthe system viarem ote accessw illonly be perform ed attheclientsdiscretionw ithanoperatorpresent.

N . S oftw are solutions,including for rem ote access,shalluse passw ord encryptiondesigned to protect against deliberate and/or accidental activitiesthat couldpotentially com prom isepersonnel,product,equipm ent,and electronicrecords.

O . P redictiveanalysisshallbeincludedforinitiationofEFM chem icalcleaningprocessesbased on racks that are actively producing filtrate at m inim um perm eabilityspecifications. S equentialcleaning shallbe utilized based on the rack w ith low estperm eability enteringthe cleaningqueue firstaffordingm inim ization ofenergy andchem icals.

P . W here applicable,initialdosingofneutralization chem icalsshallbe calculated fromtheoriginalconcentrationofchem icalusedallow ingforshorterneutralizationtim es.

4.8.1 N ET W O R KACCES S

A. T he filtration system shall include connection of the system to the existingM icrocom m S CADA system previously installed and detailed inAsbuiltsheetsE1-E9.M anufacturerresponsibletoverifysystem com patibilityandconnectivityforprovideafully functioningS CADA system .

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B. T hesystem shallbecapableofconnectiontoaW ideAreaN etw ork.

4.8.2 AL AR M S

A. Alarm handling shallbe m anaged by the P L C,w ith alarm enable and itsconditionsautom atically controlledbasedonequipm entoperationandrunningprocesses.

B. Alarm conditionsshallbe displayed and acknow ledged at the m ain U serInterfacescreen. Alarm s w ill continue to be visually displayed until corrected andacknow ledged.Intheeventthatthealarm conditionstillexistsaninternalhandshakebit shallbe set and w illclearthe latched alarm bit and itselfonce the active alarmclears.U nacknow ledgedalarm sshallnotautom aticallyclearfrom thealarm sum m aryifthealarm conditionreturnstonorm albeforebeacknow ledged.

C. P rocessAlarm s,associated w ith high orlow deviation from aset-point active in aprocessstep or sequence,shallbe distinguished from Instrum ent W arningsandAlarm s,associated w ith analogue instrum ent readings indicating unacceptableoperatingconditions.

D. P rocessalarm sshallbe activated based on the flux ratesofthe installed type andnum berofm odules.

E. High and High High analog alarm conditionsare alw aysenabled. L ow and L ow L owanalogalarm conditionsareenabled only w hentheassociated processorequipm entisin operation. Analog valuesare com pared to theirrespective set-pointvalues. Ifthesignalisinalarm conditionasdeterm inedbytheset-pointvalueafteranadjustabletim edelay,aninternalalarm bitissetintheP L C andanalarm m essageisdisplayedontheU serInterfacescreen. T heconditionshallthenbeloggedasanalarm .

F. W hileequipm entiscontrolledfrom theP L C (“inrem ote”),discreteoutputcom m andsshallbecom paredtotheirrespectiveprocessfeedbacksignals(w hereavailable)toverify properexecution. Ifthefeedbackstatusdoesnotm atchthem ostrecentoutputcom m andafteranadjustabletim edelay,aninternalalarm bitissetintheP L C andanalarm m essageisdisplayedontheU serInterfacescreen. T heconditionshallthenbeloggedasanalarm .

G. T hefollow ingalarm conditionsaretobeincludedasam inim um :

Em ergency S top

FeedP um pFault

R FP um pFault

L ackoffeedfluid

L ow AirP ressure

Integrity T estFailure

High/L ow tanklevel

CIP required(highT M P )

Highfiltrateturbidity

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High/low w atertem perature

L evel,pressure,flow ,tem perature transm itter or analytical instrum entfailure

4.8.3 Q U ICKS T O P

T he system shallbe equipped w ith aQ uick S top that w hen activated allpum pson thefiltrationsystem shallstop,and the system ’sinlet,outlet,and drain valvesshallclose. T hesystem w illnotbeabletooperateagainuntiltheoperatordisengagestheQ uickS top.

4.8.4 CO N T R O L EN CL O S U R E

T he controlpanelenclosure shallbe N EM A 4 (IP 66)rating,designed and constructed pertheN ational ElectricalCode (N FP A 70) and N FP A 79,U L 508A for U S A/Canada,or regionalequivalent.

4.8.5 M AS T ER CO N T R O L P A N EL

A. A m astercontrolpanelsuitableforw allm ountingshallbesuppliedbytheM M S . T hispanelshallbeequippedw ithapre-program m edP L C. T hem astercontrolpanelshallcontrolalloftheequipm entsuppliedby theM M S aspartofthem em branefiltrationsystem viaexistingsystem com m unicationtotherem oteI/O ineachprocessarea.

A pre-program m edspareP L C istobeprovided

B. T hem ainhum anm achineinterface(HM I)forthesystem shallbeinstalledinthedoorofthe m astercontrolenclosure.T he HM Ishallhave atouch screen interface andinclude graphics program m ing depicting the com plete m em brane system inschem aticform andshallallow com pletecontroloftheprocesses.

C. In addition to the graphicalHM I,the enclosure doorshallcontain the follow ingdevices,eachcontainingaU L m ark:

Ethernetconnectionpoint

P ilotlighttoindicateU P S Active

P ilotlighttoindicateControlP ow er

D. S ystem outputshallbeprovidedtodelivercriticalsystem param etersfordisplay anddata logging on a S CADA system to be coordinated w ith existing S CADA byM icrocom m

E. T he com m unicationsoutputand P L C system used in the m astercontrolpanelshallhave the capacity to accom m odate at least 1 additional m em brane skidstoaccom m odatefuturecapacity expansion.

F. T hem asterControlpanelshallincludeatleast16discreteinputs,16discreteoutputs,16 analoginputs,and 8 analogoutputchannelsforfiltration processcom ponentor

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custom er inputs and potential future expansion of upstream /dow nstreamequipm ent.Additionalinputsandoutputsshallbem adeavailableatadditionalcost.

G. A U P S (U ninterruptible P ow er S upply) shallbe included in the M aster ControlEnclosure. T he U P S shallprovide 30 m inutesofpow erto the m asterP L C during ashort-term pow eroutage,allow ingthesystem torestartautom atically. U P S shallbe1kVa,120V.

H. A m inim um 3G VP N R outerGS M Antennashallbeincludedw ithfirew allprotection.

4.8.6 EL ECT R ICAL W IR IN G

A. W iringshallbecopperandsizedforitsloadperN EC/N FP A79 requirem ents.Allw iresw illterm inateonscrew clam pingterm inalblocks.

B. L ow voltagecontrolconductors(24VDC)shallbeseparated from thosecarryinghighvoltagepow er(120VAC andabove).

4.8.7 CO N T R O L EN CL O S U R EW IR IN G

A. Controlpanelsshallbe com pletely w ired atthe factory. Controlenclosuresshallbedesigned and constructed in accordance w ith U L 508A. Allcom ponentsw ithin thecontrolenclosureshallcontainaU L m arkandhaveterm inationpointsthatarefingersafe.

B. T he controlenclosuresshallbe configured such that 120VAC pow erbrought to thecabinetinthespecifiedvoltageneedonlybeterm inatedatanincom ingcontrolpow ercircuitbreaker. A pow ersupply shallbe provided to convertthe base voltage ofthesystem to alternate voltagesthatm ay be required by com ponentson the skid (i.e.-24VDC).

C. A surgesuppressorshallbeincludedinthem astercontrolpanelenclosuretoprotectthe pow er supply,the P L C and I/O m odules,and the skid m ounted valvesandinstrum entsfrom pow ersurges.

D. W iringw ithin panelsshallbe routed through U L 94 rated w ire w aysforneatnessandorganization.Conductorsforhigh(120 VAC andabove)andlow (24VDC)voltageshallrem ain separated. Copperw ire shallbe used and sized foritsload perN EC/N FP A79requirem ents.Allw iresw illterm inatethroughaferruletypeconnectorandterm inateonfingersafe,screw clam pingterm inalblocks.

4.9 IN S T R U M EN T AIR T U BIN G

A. T ubing isused to deliver instrum ent air to the valve actuatorsand autom aticbackw ashing strainer included on the system . Instrum ent air tubing shallbem inim um 1/4” diam eterpolyethylene. R eusable com pression fittingsshallbe usedintheinstrum entairsystem .

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B. Instrum ent airforallpurposesentersthe system through acom m on airinlet line.P ressureadjustm entshallbeprovidedusingadjustablepressureregulatingvalves.

4.10 P IP EAN D FIT T IN GS

A. T hefiltrationsystem plum bingshallincorporatestainlesssteel,HDP E,orP VC pipeandfittings.

B. S tainlesssteelpipe shallconform to AN S IB36.19 and be constructed ofausteniticstainlesssteeltoAS T M A312 T ypes304,304L ,316,or316L .O nly w eldersqualifiedtosection IX ofthe AS M E/AN S Iboilerand pressure vesselcode,orregionalequivalent,shallperform w eldingofS S T pipes.

C. P VC pipeshallbe N S Fapproved T ype1 Grade 1 gray w ith com poundsconform ingtoAS T M D-1784. P ipe and fitting w allthicknessshallbe schedule 40 and 80.S ocketw eldedfittingsshallbeusedw heneverpossible,usingsolventbondingtechniques.

D. FlangesshalluseboltingpatternsperAS M E/AN S IB16.5.

4.11 FR AM EAS S EM BL IES

A. T hefiltrationsystem and m odulesshallbem ounted onasteelfram ew orkfabricatedprim arily from bentsteel. Exceptionsto thisare strutm em bers,angles,plate,roundpipe,orotherstructuralshapesthatm ay be w elded to the bentplate foruse aslegsorm ounting bracketsforpum ps,instrum ents,and othercom ponents. P ersonnelperform ingw eldingshallbequalifiedtoAW S 1.1.

B. Fram e m aterialshallbe painted carbon steel.Coloroptionsto be provided to theO w ner. Industrialpainting system to be resistant to chem icaldam age,S herw inW illiam sindustrialepoxy prim erandpaintsystem orequivalent.

C. T he fram e shallinclude integralsteelbase platesfor anchoring to afoundationspecifiedbyS upplier(installedbyO thers)usinganchorbolts/nutsspecifiedbyS upplier(installedby O thers).

P AR T 5 AN CIL L A R Y S U P P O R T EQ U IP M EN T

T he M M S shallm ake available optionsto purchase the follow ing support equipm ent in theoverallsystem package.

EFM /CIP solutionpreparation,heatingandtransfersystem

Com pressedairsystem

W asteN eutralizationS ystem

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5.1 HO T W AT ER ,CHEM ICAL DEL IVER Y AN D CIR CU L A T IO N FO R CIP /EFM

A. T heM M S shallprovideequipm entneeded fortransferofcleaningchem icalsintothecirculationloop. Equipm entshallbeprovidedby theM M S tosupplyhotw aterfortheEFM andCIP processes. T hissystem shallbeautom atedand allow theoverallsystemtoperform thefollow ingoperations:

1. CIP (Clean-In-P lace)operation

2. EFM (EnhancedFluxM aintenance)

3. Autom aticinjectionofCIP chem icals

C. T heCIP /EFM system shallgenerally include:

1. A properly sized tank w ith heaterto contain the required volum e ofw aterheatedtothetem peraturespecifiedforEFM /CIP ofthem em branesystem (S eesection4.5.3). Includedw iththeCIP /EFM T ankshallbe:

a. L evelcontrol-L evelT ransm ittershallbe 0-30 P S Iw ith L CD display.W ettedpartsshallbe316L S S T .

b. CIP tankT em peraturecontrol-T em peraturetransm ittershallbeR T Dtypew ithAlloy 20 therm ow ell.

c. T ankheater– Heatershallbeim m ersionstylew ithT itanium w ettedparts. HeaterkW rating shallbe suitable to heatw aterin the tim eavailablesuchthatprocessefficiency isnotadversely affected.

2. Chem icaltransferpum pstodeliverraw chem icalsdirectly totheCIP piping

3. Chem icaltransferpum ps,associatedvalvesandinjectionquillsshallbeshippedloose to be located directly on orm ounted neararaw chem icaldrum ortote.Alternately,the pum psm ay be m ounted on aplate / enclosure forease ofinstallation/containm ent

4. A pum pshallbeprovided,asdescribed,forcirculation ofCIP solutionthroughthe m em brane m odulesand associated piping,at adesign pressure 30 psi(2bar). T he pum p shallw ithstand infrequent exposure to w orst-case cleaningchem ical concentrations. As an alternative, in appropriate systemconfigurations,thefeedpum pshallbeusedforCIP circulation.

CIP CirculationP um pS pecifications:T ype: CloseCoupledCentrifugalM echanicalS eal: Carbon/S iliconCarbide/EP RM otorS pecifications: 3-phase,T EFC,2-pole

240VoltS tandardEfficiency

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1.15servicefactorat40 degreesCContinuoustim eratedat40 degreesC

5. In-linestrainertoprotectthem em branem odulesfrom debriscollected inthecleaningsolution.

6. In-linetem peraturem onitoringofcleaningsolution

7. Valves,injectionports,piping,andw iring

C. S election of ancillary CIP /EFM equipm ent shall be according to the follow ingrequirem ents:

1. Flow sw itchshallbepaddlestylew ithsocketw eldP VC housing.

2. Chem icaltransferpum psshallbe electricperistaltic. P um psshallproduce0 –3 gpm (0-0.7m 3/h)and100 ft.(30 m )ofhead.

3. ActuatedValves:

a. Butterfly valvesshallbe lug-style w ith regionalbolt thread,coatedcast iron body,316 S S T disc and stem ,and integrated EP DMelastom er seat. Actuator shallbe pneum atic spring return. (FailClosed)

b. Diaphragm valvesshallbeP VC plastic-bodyw ithP T FEdiaphragm andintegratedpneum aticopen/closespringreturnactuator.(FailClosed)

4. M anualValves:

a. Butterfly valvesshallincludeintegratedEP DM elastom erseat,316stainlessdisk,coated castiron body,lug-m ountw ith regionalboltthreadandm anualhandlever.Valves2-inchesandsm allerm aybeballvalves.

5. CheckValves:

a. S w ingCheckvalvesshallbew aferm ountw ith316S S T diskandbodyandEP DM elastom erseat.

b. FootvalveshallbeKynarBallcheckvalvew ithHastelloyS pring,Buna-N O -R ingandT eflonBall.

6. InjectionValveshallbeChem Injector/checkvalve.

7. S olenoidValvesshallbe4-w ay,24 volts.

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5.2 CO M P R ES S ED AIR S YS T EM

A. T heM M S shallsupply acom pressed airsystem sized (siteelevationofapprox.3300feet)to deliverthe required quantity ofclean,dry airatthe pressuresrequired forbackw ash/fluxm aintenance,valveactuation,and integrity testing.

B. T he com pressed airsystem shallinclude one com pressorsized to provide the airdem andofthesystem .

C. Associatedfilters,gauges,reliefvalves,drains,etc.,requiredforacom pleteairsupplysystem shallbeincludedw iththecom pressorsystem .

D. T he com pressors,receiver,and externalfiltersshallbe shipped loose to allowversatility ininstallation.

E. Com pressorT ype: S ingleS tageO ilFloodedR otary S crewFeatures: InletAirFilter

IntegratedR efrigeratedDryerDifferentialP ressureO ilS ystemO ilCoolerAir/O ilS eparatorw ithO ilL evelS ightGlassO ilFilterV-BeltDrivew ithT ensioningDeviceL oad/N oL oadCapacity ControlS oundAttenuatingEnclosureElectro-pneum aticstart/stopcontrolM otorS tarterM ountedand P re-w iredAfter-cooler& M oistureS eparatorDew pointGauge S ound level ≤ 70 db

F. ExternalFilters(fieldinstalled)

1. CoalescingFilter 0.1 ppm oil/w ater,1 m icronfilter

2. CoalescingFilter 0.01 ppm oil/w ater,0.01 m icronfilter

G. R eceiverT ype: VerticalR ating: AS M ECoded/P ED Com pliant200 psi(14 bar)P R V: 200 psi(14 bar)P ressureGauge: 4-inch,0-200 psi(100 m m ,0-14 bar)DrainValve: ½ -inch(DN 12)Ballvalve

EN D O FS ECT IO N

ADDITIONAL INFORMATION

APPENDIX A

RONAN SWTP

WATER QUALITY DATA

J:\2008\K08-008\EXCEL\turbidity.xlsTurbidity chart3/28/2008

0.000

0.100

0.200

0.300

0.400

0.500

0.600

Jan-06 Mar-06 May-06 Jul-06 Sep-06 Nov-06 Jan-07 Mar-07 May-07 Jul-07 Sep-07 Nov-07

Turbidity NTU's

Month

Ronan Water Turbidity Crow Creek Supply

Turbididty (NTU's) Max

Turbididty (NTU's) Min

CrowCreek supply not used during this period

Figure II-8

J:\2008\K08-008\EXCEL\turbidity.xlstemp chart3/28/2008

0.0

2.0

4.0

6.0

8.0

10.0

12.0

14.0

16.0

Jan-06 Mar-06 May-06 Jul-06 Sep-06 Nov-06 Jan-07 Mar-07 May-07 Jul-07 Sep-07 Nov-07

Temperature oC

Month

Ronan Water Temperature Crow Creek Supply

Water Temperature Max

Water Temperature Min

CrowCreek supply not used during this period

Figure II-9

APPENDIX B

RONAN SWTP

AS-BUILT DRAWINGS

CITY OF RONAN - SWTPRECORD DRAWINGS (PARTIAL REPRODUCTION)

RECO

RD DR

AWIN

G INF

ORMA

TION

BY

SHAR

I A JO

HNSO

N & A

SSOC

. ENG

, PLLC

AUGU

ST 20

13

FUTUREFILTRATIONBUILDING AREA

RECO

RD DR

AWIN

G INF

ORMA

TION

BY

SHAR

I A JO

HNSO

N & A

SSOC

. ENG

, PLLC

AUGU

ST 20

13

PANEL: B 4.66 KVA

240V,3P,3W

200 AMP

NO. OCP TYPE (VA) (A) PH (A) (VA) TYPE OCP NO.

1 2P-20A N 1912 13.8 A 3.2 443 N 3P-15A 2

3 " B 3.2 443 N " 4

5 1P-20A C 3.2 443 N " 6

7 1P-20A A 1.1 152 N 3P-15A 8

9 B 1.1 152 N " 10

11 1P-20A C 1.1 152 N " 12

13 1P-20A N 230 1.7 A 3.6 500 N 1P-20A 14

15 B 16

17 1P-20A N 230 1.7 C 1P-20A 18

19 1P-20A A 1P-20A 20

21 B 22

23 1P-20A C 1P-20A 24

25 1P-20A A 1P-20A 26

27 B 28

29 1P-20A C 1P-20A 30

31 1P-20A A 1P-20A 32

33 B 34

35 1P-20A C 1P-20A 36

37 1P-20A A 1P-20A 38

39 B 40

41 1P-20A C 1P-20A 42

LOAD: CONNECTED CALCULATED

(C)ontinuous: x 1.25 = VA

(R)ec (1st 10 kva): x 1.00 = VA

(R)ec (remainder): x 0.50 = VA

(N)on-continuous: 4660 x 1.00 = 4660 VA

(H)eating: x 1.00 = VA

(A)ir conditioning: x 1.00 = VA

NOTES: (L)argest motor: x 1.25 = VA

TOTAL LOAD: 4660 VA 4660 VA

11 AMPS

NOTE: HEATING AND COOLING LOADS ARE NON-SIM ULTANEOUS

MOUNTING:

BRACING:

MLO

SURFACE

22 kAIC

TOTAL CALCULATED LOAD

PANELBOARD SCHEDULE

CIRCUIT

DESCRIPTION

Rough Filter (3/4 HP)Duplex Sump Pump (3/4 HP)

DESCRIPTION

LOAD LOADCIRCUIT

MAIN BREAKER:

"

SPARE

SPARE

SPARE

UV Outlet Valve #1 Actuator

UV Outlet Valve #2 Actuator

SPARE

SPARE

SPARE

SPARE

SPARE

SPARE

SPARE

SPARE

"

"

Fine Filter (1/4 HP)

"

"

UV Chamber Exhaust Fan

SPARE

SPARE

SPARE

SPARE

SPARE

SPARE

SPARE

SPARE

SPARE

PANEL: A 42.88 KVA

240V,3P,3W

400 AMP

NO. OCP TYPE (VA) (A) PH (A) (VA) TYPE OCP NO.

1 1P-20A R 1620 11.7 A 11.8 1630 C 1P-20A 2

3 2P-30A H 5000 36.1 B 4

5 " H C 6.5 900 C 1P-20A 6

7 1P-20A R 720 5.2 A 2.2 300 C 1P-20A 8

9 3P-40A C 4467 32.2 B 10

11 " C 4467 32.2 C 2.6 360 R 1P-20A 12

13 " C 4467 32.2 A 2.6 360 R 1P-20A 14

15 B 16

17 1P-20A C 180 1.3 C 5.0 693 C 1P-20A 18

19 2P-20A H 2250 16.2 A 1.4 190 R 1P-20A 20

21 " H B 22

23 1P-20A R 540 3.9 C 10.8 1500 H 1P-20A 24

25 3P-40A 4467 32.2 A 9.6 1330 N 3P-20A 26

27 " 4467 32.2 B 9.6 1330 N " 28

29 " 4467 32.2 C 9.6 1330 N " 30

31 1P-20A A 9.6 1330 3P-20A 32

33 B 9.6 1330 " 34

35 1P-15A C 250 1.8 C 9.6 1330 " 36

37 3P-200A A 23.4 3238 3P-200A 38

39 " B 4.3 596 " 40

41 " C 6.0 826 " 42

LOAD: CONNECTED

(C)ontinuous: 17354 x 1.25 = 21692 VA

(R)ec (1st 10 kva): 3790 x 1.00 = 3790 VA

(R)ec (remainder): x 0.50 = VA

(N)on-continuous: 8650 x 1.00 = 8650 VA

(H)eating: 8750 x 1.00 = 8750 VA

(A)ir conditioning: x 1.00 = VA

NOTES: (L)argest motor: x 1.25 = VA

* Overcurrent protection and conductor sizes to the UV Control Power Panels may vary depending TOTAL LOAD: 38544 VA 42882 VA

on the manufacturer. Size according to nameplate ratings. 103 AMPS

NOTE: HEATING AND COOLING LOADS ARE NON-SIM ULTANEOUS

MOUNTING:

BRACING:

MLO

SURFACE

22 kAIC

TOTAL CALCULATED LOAD

PANELBOARD SCHEDULE

CIRCUIT

DESCRIPTION

Lighting - Main LevelReceptacles - Main Level

DESCRIPTION

LOAD LOADCIRCUIT

MAIN BREAKER:

Unit Heater UH-1 Main Level

"

Receptacles - Basement

UV CPP#1 *

"

"

SPACE

Flow Meter

Baseboard Heaters

"

Receptacles - Exterior

UV CPP#2 *

"

"

SPARE

SPACE

UV OptiView #1

Panel (Future Filtration Plant)

"

"

SPACE

Lighting - Basement

Telemetry Panel

SPACE

Chlorine Pumps Switchover Box

Exhaust Fans & Louvers Chlorine Rm

SPACE

Generator Battery Charger

Exhaust Fans & Louvers

SPACE

Generator Engine Heater

Cooling Pump #1 (3HP)

"

"

Cooling Pump #2 (3HP)

"

"

Panel B

"

"

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