HomeMy WebLinkAbout2014-268WHEREAS, the City has solicited, received and tabulated competitive proposals for the
Electric Utility 15kV Circuit Breakers in accordance with the procedures of State law and City
ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended
that the herein described proposal is the highest scored proposal for the construction of the public
works or improvements described in the Request for Proposal (RFP) document and plans and
specifications therein; NOW, THEREFORE,
SECTION 1. The following competitive proposal for the construction of public works or
improvements, as described in the "Request for Proposals" or plans and specifications on file in
the Office of the City's Purchasing Agent filed according to the RFP number assigned hereto, are
hereby accepted and approved:
RFP
NUMBER CONTRACTOR AMOUNT
5608 ABB, Inc.
$470,000
SECTION 2. The acceptance and approval of the above competitive proposals shall not
constitute a contract between the City and the person submitting the proposal for construction of
such public works or improvements herein accepted and approved, until such person shall
comply with all requirements specified in the Notice to Proposers including the timely execution
of a written contract and furnishing of performance and payment bonds, and insurance certificate
after notification of the award.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in
accordance with the proposals accepted and approved herein, provided that such contracts are
made in accordance with the Notice to Proposers and Request for Proposals, and documents
relating thereto specifying the terms, conditions, plans and specifications, standards, quantities
and specified sums contained therein.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under RFP 5608 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. Upon acceptance and approval of the above competitive proposals and the
execution of contracts for the public works and improvements as authorized herein, the City
Council hereby authorizes the expenditure of funds in the manner and in the amount as specified
in such approved proposals and authorized contracts executed pursuant thereto.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the �)i day of 2014.
' CH WAN "'1S',MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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BY:
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS r ABB, INC
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THIS CONTRACT is made and entered into this t �°/ L day of � fit. f '"���;�/
A.D., 2014, by and between ABB, Inc, a corporation, whose address is 655 Century Poitit Lake.
Mary, FL 32746 , hereinafter referred to as "Supplier," and the CITY OF DENTON,
TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective
upon approval of the Denton City Council and subsequent execution of this Contract by the
Denton City Manager or his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
Supplier shall provide products in accordance with the City's RFP # 5608 — Supply of
Electric Utility l5kV Circuit Breakers, a copy of which is on file at the office of Purchasing
Agent and incorporated herein for all purposes as "Exhibit B". The Contract consists of this
written agreement and the following items which are attached hereto, or on file, and incorporated
herein by reference:
(a) Special Terms and Conditions (Exhibit "A")
(b) City of Denton's RFP 5608 (Exhibit "" on file at the office of the Purchasing
Agent)
(c) Form CIQ — Conflict of Interest Questionnaire (Exhibit "C").
(d) Supplier's Proposal. (Exhibit "D");
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the
provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving
precedence first to the written agreement then to the contract documents in the order in which
they are listed above. These documents shall be referred to collectively as "Contract
Documents."
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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BY:
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BY: � AAZM
AUTHORIZED SIGNATURE)
Date: '29 A 2-0)
Name:
Title: Lu C L-44 V1
19 so 19M I a Mikyj IM a
CITY OF DENTON, TEXAS
BY:
CA"ORG1.1" C. (,AMPBELL., CITY MANAGER
Date:
Exhibit A
Special Terms and Conditions
The Quantities indicated on Exhibit D are estimates based upon the best available information.
The City reserves the right to increase or decrease the quantities to meet its actual needs without
any adjustments in the bid price. Individual purchase orders will be issued on an as needed
basis.
Product Changes During Contract Term
The supplier shall not change specifications during the contract term without prior approval.
Any deviation in the specifications or change in the product must be approved in advance by the
City of Denton. Notice of a change shall be submitted in writing to
delltOlIPLIt-Cliasiiig(ii,cit),ol'clenton.cotii, with the above file number in the subject line, for review.
Products found to have changed specifications without notification, and acceptance, will be
returned at the supplier's expense. Products that have been installed will be replaced at the
supplier's expense.
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The supplier shall be the manufacturer or authorized distributor of the proposed products. The
distributor shall be authorized to sell to the City of Denton, and make available the
manufacturer's representative as needed by the City.
Contract Terms
The contract term will be one (1) year, effective from date of award. The City and the Supplier
shall have the option to renew this contract for an additional two (2) one-year periods.
The contract shall commence upon the issuance of a Notice of Award by the City of Denton and
shall automatically renew each year, from the date of award by City Council, unless either party
notifies the other prior to the scheduled renewal date. At the sole option of the City of Denton,
the contract may be further extended as needed, not to exceed a total of six (6) months.
Price Escalation and De-escalation
Prices for the commodities or services must be firm for a period of one year from date of contract
award. Any request for price adjustment must be based on the, U.S Department of Labor, Bureau
of Labor Statistics, Producer Price Index (PPI) for other electrical equipment manufacturing
(PCU33593359). The price will be increased or decreased based upon the annual percentage
change in the PPI. The maximum escalation will not exceed +/- 8% for any individual year. The
escalation will be determined annually at the renewal date. Should the PPI change exceed a
minimum threshold value of +/-I%, then the stated eligible bid prices shall be adjusted in
accordance with the PPI change not to exceed the 8% limit per year. The supplier should
provide documentation as percentage of each cost associated with the unit prices quoted for
consideration.
Request must be submitted in writing with supporting evidence for need of such increase to the
Purchasing Manager at least 60 days prior to contract expiration of each year. Respondent must
also provide supporting documentation as justification for the request.
Upon receipt of such request, the City of Denton reserves the right to either: accept the escalation
as competitive with the general market price at the time, and become effective upon the renewal
date of the contract award or reject the increases within 30 calendar days after receipt of a
properly submitted request. If a properly submitted increase is rejected, the Contractor may
request cancellation of such items from the Contract by giving the City of Denton written notice.
Cancellation will not go into effect for 15 calendar days after a determination has been issued.
Pre -price increase prices must be honored on orders dated up to the official date of the City of
Denton approval and/or cancellation.
The request can be sent by e-mail to: purchasin(ci)cityofcienton.coni noting the solicitation
number.
The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes.
Total Contract Amount
The contract total shall not exceed $470,000. Pricing shall be per Exhibit D attached.
Delivery Lead Time
Product or services shall be delivered to the City per the days/weeks noted in Exhibit D after
receipt of the order.
DentonExhibit C
City of
Standard
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other
requirements included in the City of Denton's solicitation are applicable to Contracts/Purchase Orders
issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller herein after
referred to as the Supplier. Any deviations must be in writing and signed by a representative of the City's
Procurement Department and the Supplier. No Terms and Conditions contained in the Supplier's Proposal
response, Invoice or Statement shall serve to modify the terms set forth herein. If there is a conflict
between the provisions on the face of the Contract/Purchase Order these written provisions will take
precedence.
By submitting an Offer in response to the Solicitation, the Supplier agrees that the contract shall be
governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated.
Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a
Solicitation to purchase Goods, and Sections 9, 10, 11 and 22 shall apply only to a Solicitation to
purchase Services to be performed principally at the City's premises or on public rights -of -way.
1. SUPPLIER'S OBLIGATIONS. The Supplier shall fully and timely provide all deliverables described in the
Solicitation and in the Supplier's Offer in strict accordance with the terms, covenants, and conditions of the Contract
and all applicable Federal, State, and local laws, rules, and regulations.
2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of
the date the contract is signed by the City, and shall continue in effect until all obligations are performed in
accordance with the Contract.
3. SUPPLIER TO PACKAGE DELIVERABLES: The Supplier will package deliverables in accordance with
good commercial practice and shall include a packing list showing the description of each item, the quantity and unit
price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping
container shall be clearly and permanently marked as follows: (a) The Supplier's name and address, (b) the City's
name, address and purchase order or purchase release number and the price agreement number if applicable, (c)
Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing
the packing list. The Supplier shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest
transportation costs and to conform to all the requirements of common carriers and any applicable specification. The
City's count or weight shall be final and conclusive on shipments not accompanied by packing lists.
4. SHIPMENT UNDER RESERVATION PROHIBITED: The Supplier is not authorized to ship the
deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables.
5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City
actually receives and accepts the deliverables.
6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of
delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer,
the Supplier's price shall be deemed to include all delivery and transportation charges. The City shall have the right
to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that
set forth the purchase order.
7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but
not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to
reject defective or non -conforming deliverables. If the City has the right to inspect the Supplier's, or the Supplier's
Subcontractor's, facilities, or the deliverables at the Supplier's, or the Supplier's Subcontractor's, premises, the
Supplier shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to
the City to facilitate such inspection.
RFP 5608
8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply
with all provisions of the Contract as to time of delivery, quality, and quantity. Any non -complying tender shall
constitute a breach and the Supplier shall not have the right to substitute a conforming tender; provided, where the
time for performance has not yet expired, the Supplier may notify the City of the intention to cure and may then
make a conforming tender within the time allotted in the contract.
9. PLACE AND CONDITION OF WORK: The City shall provide the Supplier access to the sites where the
Supplier is to perform the services as required in order for the Supplier to perform the services in a timely and
efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Supplier
acknowledges that it has satisfied itself as to the nature of the City's service requirements and specifications, the
location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and
facilities necessary to perform the services, and any other condition or state of fact which could in any way affect
performance of the Supplier's obligations under the contract. The Supplier hereby releases and holds the City
harmless from and against any liability or claim for damages of any kind or nature if the actual site or service
conditions differ from expected conditions.
10. WORKFORCE
A. The Supplier shall employ only orderly and competent workers, skilled in the performance of the services which
they will perform under the Contract.
B. The Supplier, its employees, subcontractors, and subcontractor's employees may not while engaged in
participating or responding to a solicitation or while in the course and scope of delivering goods or services under a
City of Denton contract or on the City's property .
i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as
required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may
such workers be intoxicated, or under the influence of alcohol or drugs, on the job.
C. If the City or the City's representative notifies the Supplier that any worker is incompetent, disorderly or
disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or
was under the influence of alcohol or drugs on the job, the Supplier shall immediately remove such worker from
Contract services, and may not employ such worker again on Contract services without the City's prior written
consent.
Immigration: The Supplier represents and warrants that it shall comply with the requirements of the Immigration
Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for
any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA) enacted on September 30,
1996.
11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Supplier,
it's Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local
health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services,
including but not limited to those promulgated by the City and by the Occupational Safety and Health
Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Supplier shall
indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines,
penalties and liability of every kind arising from the breach of the Supplier's obligations under this paragraph.
Environmental Protection: The supplier shall be in compliance with all applicable standards, orders, or regulations
issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution
Control Act, as amended, (33 U.S.C. § 1251 et seq.).
12. INVOICES:
A. The Supplier shall submit separate invoices in duplicate on each purchase order or purchase
release after each delivery. If partial shipments or deliveries are authorized by the City, a separate
invoice must be sent for each shipment or delivery made.
B. Proper Invoices must include a unique invoice number, the purchase order or delivery order
number and the master agreement number if applicable, the Department's Name, and the
name of the point of contact for the Department. Invoices shall be itemized and transportation
RFP 5608
charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when
applicable, shall be attached to the invoice. The Supplier's name, remittance address and, if applicable, the tax
identification number on the invoice must exactly match the information in the Vendor's registration with the City.
Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Supplier's
invoice.
C. Invoices for labor shall include a copy of all time -sheets with trade labor rate and deliverables order number
clearly identified. Invoices shall also include a tabulation of work -hours at the appropriate rates and grouped by
work order number. Time billed for labor shall be limited to hours actually worked at the work site.
D. Unless otherwise expressly authorized in the Contract, the Supplier shall pass through all
Subcontract and other authorized expenses at actual cost without markup.
E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount.
The City will furnish a tax exemption certificate upon request.
13. PAYMENT:
A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30)
calendar days of the City's receipt of the deliverables or of the invoice being received in Accounts Payable,
whichever is later.
B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at
the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum
lawful rate; except, if payment is not timely made for a reason for which the City may withhold
payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for
withholding payment have been resolved.
C. If partial shipments or deliveries are authorized by the City, the Supplier will be paid for the partial
shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the
Supplier to such extent as may be necessary on account of:
i. delivery of defective or non -conforming deliverables by the Supplier;
ii. third party claims, which are not covered by the insurance which the Supplier is required to
provide, are filed or reasonable evidence indicating probable filing of such claims;
iii. failure of the Supplier to pay Subcontractors, or for labor, materials or equipment;
iv. damage to the property of the City or the City's agents, employees or suppliers, which is not
covered by insurance required to be provided by the Supplier;
v. reasonable evidence that the Supplier's obligations will not be completed within the time
specified in the Contract, and that the unpaid balance would not be adequate to cover actual or
liquidated damages for the anticipated delay;
vi. failure of the Supplier to submit proper invoices with purchase order number, with all required
attachments and supporting
documentation; or
vii. failure of the Supplier to comply with any material provision of the Contract Documents.
E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City
may offset indebtedness owed the City through payment withholding.
F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer
of funds. The Supplier agrees that there shall be no additional charges, surcharges, or penalties to the City for
payments made by credit card or electronic funds transfer.
G. The awarding or continuation of this contract is dependent upon the availability of funding. The City's payment
obligations are payable only and solely from funds Appropriated and available for this contract. The absence of
Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not
Appropriated or available and any deliverables delivered but unpaid shall be returned to the Supplier. The City shall
provide the Supplier written notice of the failure of the City to make an adequate Appropriation for any fiscal year to
pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit
the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there
will be no penalty nor removal fees charged to the City.
14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid
by the Supplier, unless otherwise stated in the contract terms.
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A. If a DBE/MBE/WBE Program Plan is agreed to and the Supplier has identified Subcontractors, the Supplier is
required to submit a Contract Close -Out MBE/WBE Compliance Report to the Purchasing Manager no later than the
15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld
if the Supplier is not in compliance with the requirements as accepted by the City.
B. The making and acceptance of final payment will constitute:
i. a waiver of all claims by the City against the Supplier, except claims (1) which have been previously
asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising
from failure of the Supplier to comply with the Contract or the terms of any warranty specified herein, (4) arising
from the Supplier's continuing obligations under the Contract, including but not limited to indemnity and warranty
obligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Supplier against the
City other than those previously asserted in writing and not yet settled.
16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special
tooling or special test equipment fabricated or required by the Supplier for the purpose of filling this order, such
special tooling equipment and any process sheets related thereto shall become the property of the City and shall be
identified by the Supplier as such.
17. RIGHT TO AUDIT:
A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the
Contract. The Supplier shall retain such books, records, documents and other evidence pertaining to the Contract
period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case
records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other
evidence shall be available, within ten (10) business days of written request. Further, the Supplier shall also require
all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence
pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be
made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless
the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost
of the audit, including any travel costs, must be borne by the Supplier which must be payable within five (5)
business days of receipt of an invoice.
B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall
constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms "books", "records",
"documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if
such drafts or electronic files are subsequently used to generate or prepare a final printed document.
18. SUBCONTRACTORS:
A. If the Supplier identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Supplier shall comply with all
requirements approved by the City. The Supplier shall not initially employ any Subcontractor except as provided in
the Supplier's Plan. The Supplier shall not substitute any Subcontractor identified in the Plan, unless the substitute
has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of
any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has
been approved, the Supplier is additionally required to submit a monthly Subcontract Awards and Expenditures
Report to the Procurement Manager, no later than the tenth calendar day of each month.
B. Work performed for the Supplier by a Subcontractor shall be pursuant to a written contract between the Supplier
and Subcontractor. The terms of the subcontract may not conflict with the terms of the
Contract, and shall contain provisions that:
i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the
provisions, specifications and terms of the Contract;
ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior
written consent of the City and the Supplier. The City may require, as a condition to such further subcontracting,
that the Subcontractor post a payment bond in form, substance and amount acceptable to the City;
iii. require Subcontractors to submit all invoices and applications for payments, including any claims for
additional payments, damages or otherwise, to the Supplier in sufficient time to enable the Supplier to include same
with its invoice or application for payment to the City in accordance with the terms of the Contract;
iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in
the type and amounts specified for the Supplier, with the City being a named insured as its interest shall appear; and
v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Supplier is
required to indemnify the City.
IR0J.Y11
C.The Supplier shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the
Supplier iaresponsible for the Supplier's own acts and omissions. lNodbingiu&cContnmtohu|createhothebcnofit
of any such Subcontractor any uonoouoaJ relationship between the City and any such Subcontractor, nor shall it
create any obligation on the part of the City to pay or to see to the payment of any moneys due any such
Subcontractor except ummay otherwise herequired bylaw.
D. The Supplier shall pay each Subcontractor its appropriate share of payments made tothe Supplier not later than
ten (|O)calendar days after receipt oypayment from the City.
lV. :
/\. The Supplier warrants the prices quoted in the Offer are no higher than the Supplier's current prices on orders by
others for like deliverables under similar terms ofpurchase.
B. The Supplier certifies that the p6uco in the Offer have been arrived at independently *dbou1 consultation,
communication, or agreement for the purpose of restricting competition, as /o any matter relating to such fees with
any other firm nrwith any competitor.
C. In addition to any other remedy available, the City may deduct from any amounts owed tothe Supplier, or
otherwise recover, any amounts paid for items in excess of the Supplier's current prices on orders by others for like
deliverables under similar terms oypurchase.
28. WARRANTY — TITLE: The Supplier warrants that it has good and indefeasible title to all deliverables
furnished under the Contract, and that the deliverables are free and clear of all lieno, c|ubmo security interests and
encumbrances. The Supplier shall indemnify and hold the City harmless from and against all adverse title claims to
the deliverables.
2l.WARRANTY — DELIVERABLES: The Supplier warrants and represents that all deliverables sold the City
under the Contract ahu|| be free from defects in design, workmanship or manufacture, and conform in all material
respects to the specifications, drawings, and descriptions in the Solicitation, to any ounp|em furnished by the
Supplier, tothe terms, covenants and conditions of the Contract, and toall applicable State, Federal orlocal laws,
rules, and regulations, and industry codes and standards. Duleoo otherwise stated in the Solicitation, the dc|ivuro6|ou
sbuU be new or recycled merchandise, and not used or reconditioned.
A. Recycled deliverables shall beclearly identified aosuch.
B. The Supplier may not limit, exclude ordisclaim the foregoing warranty orany warranty implied by |ovv; and any
attempt to du so shall he without force or effect.
C. Do|eaa otherwise specified in the Contract, the warranty period ubu}| he at |oout one year from the date of
acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty
period, one or more of the above warranties are breached, the Supplier shall promptly upon receipt of demand either
repair the non -conforming deliverables, or replace the non -conforming deliverables with fully conforming
deliverables, at the Cby`a option and at no additional coat to the City. All costs incidental to such repair or
replacement, including but not limited to, any packaging and shipping costs obuU be borne exclusively by the
Supplier. The City ohu|| endeavor to give the Supplier written notice of the breach of warranty within thirty (30)
calendar days of discovery of the breach of warranty, but /bUurc to give timely notice mhoU not impair the City`e
rights under this section.
D./[the Supplier iounable orunwilling to repair or replace defective or non -conforming deliverables as required by
the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be
required to purchase under the Contract from the Supplier, and purchase conforming dcbvemh|eo from other
sources. In such event, the Supplier ohuU pay to the City upon demand the increased cost, if any, incurred by the
City toprocure such deliverables from another source.
S. If the Supplier is not the manufacturer, and the deliverables are covered by uoepurate manufacturer's vvunuuty,
the Supplier shall transfer and assign such manufacturer's warranty tuthe City. lffor any reason the manufacturer's
vvunan1y cannot be fully transferred to the City, the Supplier obo\| assist and cooperate with the City tnthe fullest
extent to enforce such manufacturer's vrunarty for the benefit o[the City.
22. WARRANTY — SERVICES: The Supplier warrants and represents that all services to be provided the City
under the Contract will be tu|h/ and timely performed in u good and workmanlike manner in uxuorduuoc with
geucodb/ accepted industry standards and practices, the \e000, conditions, and covenants of the Contract, and all
applicable Federal, State and local laws, rules ocregulations.
A. The Supplier may not limit, exclude ordisclaim the foregoing warranty orany warranty implied by |u*, and any
attempt tod000shall hewithout force oreffect.
UPOSTITIN
B. Unless mhcr*ixu specified in the Contract, the warranty period shall beo1 least one year from the Acceptance
Date. {fduring the warranty period, one or more of the above warranties are breached, the Supplier shall promptly
upon receipt ofdemand perform the services again in accordance with above standard at no additional cost to the
City. All costs iucidc/kul to such additional performance mhu|| beborne hythe Supplier. The City obaU endeavor to
give the Supplier written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach
warranty, but failure to give timely notice shall not impair the City's rights under this section.
C.l[the Supplier is unable or unwilling to perform its services in accordance with the above standard as required by
the City' tbuu in addition to any other uvuUob\e remedy, the City may reduce the amount of services it may be
required to purchase under the Contract from the Supplier, and purchase conforming services from other sources. In
such event, the Supplier shall pay tothe City upon demand the increased cost, if any, incurred by the City to procure
such services from another source.
23. ACCEPTANCE OFINCOMPLETE OR NON -CONFORMING DELIVERABLES: If, instead ofrequiring
immediate correction or removal and replacement oydefective ornon-conforming deliverables, the City prefers to
accept it, the City may do so. The Supplier shall pay all claims, costs, |oxxeo and damages attributable tothe Cdy`o
evaluation ofand determination ro accept such defective ornon-conforming deliverables. If any such acceptance
occurs prior ou final payment, the City may deduct such amounts as are necessary to compensate the City for the
diminished value of the defective ornon-conforming deliverables. If the muuep«uuoe occurs after final payment, such
amount will be refunded tothe City bythe Supplier.
24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other
porty`o intent to perform, demand may be made 1othe other party for written assurance of the intent to perform. In
the event that uo assurance is given within the time specified after demand is made, the demanding party may treat
this failure uoananticipatory repudiation ofthe Contract.
25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Supplier is
observed performing in u manner that is in violation of Federal, State, or |uuul guidelines, or in u manner that is
determined bythe City to he unsafe to either life or property. Upon notification, the Supplier will ueumc all vvurb
until notified by the City that the violation or unsafe condition has been corrected. The Supplier shall heliable for all
costs incurred by the City as a result of the issuance of such Stop Work Notice.
26. DEFAULT: The Supplier obuli he in default under the Contract if the Supplier (o) fails to fully, timely and
faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of
performance under Paragraph 24, (u) becomes insolvent orseeks relief under the bankruptcy |mvo of the United
States or (d) makes o material misrepresentation in Supplier's Offer, or in any report or deliverable required to be
submitted hythe Supplier tothe City.
27. TERMINATION FOR CAUSE: lothe event ofudefault by the Supplier, the City shall have the right to
terminate the Contract for cause, by written notice effective ten(l0) calendar days, unless otherwise specified, after
the date of such notice, unless the Supplier, within such ten (10) day period, cures such default, or provides evidence
sufficient to prove 0othe City`o ceuxouuhio satisfaction that such default does not, in fact, exist. In addition to any
other remedy available under |um or in equity, the City xbai| be entitled to recover all uutuui damages, costs, i000em
and expenses, incurred by the City as uresult oythe Supplier's default, including, without limitation, cost ofcover,
reasonable attorneys' fees, court costs, and prejudgment and post -judgment interest at the maximum lawful rate.
Additionally, in the event ufadefault hythe Supplier, the City may remove the Supplier from the Cdy`o vendor list
for three (3) years and any Offer submitted by the Supplier may be disqualified for upto three (3) years. All rights
and remedies under the Contract are cumulative and are not exclusive u[any other right nrremedy provided hylaw.
28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole min
part, without uuumo any time upon thirty (30) calendar days' prior written notice. Upon receipt of notice of
termination, the Supplier shall promptly cease all further work pursuant »othe Contract, with such exceptions, i[any,
specified in the notice of termination. The City mhuU pay the Supplier, to the extent of tbudo Appropriated or
otherwise legally uvui|ob)c for such purposes, for all goods delivered and mcn/iuem performed and obligations
incurred prior to the date of termination in accordance with the terms hereof.
29. FRAUD: Fraudulent statements by the Supplier on any Offer or in any report or deliverable required to be
submitted hythe Supplier tuthe City shall be grounds for the termination oythe Contract for cause 6ythe City and
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may result in legal action.
30. DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to the Supplier if the City deems it is
in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the
Supplier shall negotiate an equitable adjustment for costs incurred by the Supplier in the Contract price and execute
an amendment to the Contract. The Supplier must assert its right to an adjustment within thirty (30) calendar days
from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the
Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Supplier
from delaying the delivery as notified.
B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if,
while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions,
sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default
or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will
be extended; provided, however, in such an event, a conference will be held within three (3) business days to
establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform.
31. INDEMNITY: A. Definitions:
i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and
liability of every character, type or description, including all reasonable costs and expenses of litigation,
mediation or other alternate dispute resolution mechanism, including attorney and other professional fees
for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Supplier,
their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such
subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation,
loss of services, or loss of income or wages to any person (including but not limited to the agents, officers
and employees of the City, the Supplier, the Supplier's subcontractors, and third parties), ii. "Fault" shall
include the sale of defective or non -conforming deliverables, negligence, willful misconduct or a breach of
any legally imposed strict liability standard.
B. THE SUPPLIER SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS
SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL
INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT
OF THE SUPPLIER, OR THE SUPPLIER'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE
PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE
DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE SUPPLIER (INCLUDING, BUT NOT LIMITED TO, THE
RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM.
32. INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance
requirements detailed in the solicitation document. The successful firm shall procure and maintain insurance of the
types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company
licensed to do business in the State of Texas and satisfactory to the City of Denton.
A. General Requirements.
i. The Supplier shall at a minimum carry insurance in the types and amounts indicated and agreed to, as
submitted to the City and approved by the City within the procurement process, for the duration of the
Contract, including extension options and hold over periods, and during any warranty period.
ii. The Supplier shall provide Certificates of Insurance with the coverage's and endorsements required to
the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after
written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer
to disqualification from consideration for award. The Supplier must also forward a Certificate of Insurance
to the City whenever a previously identified policy period has expired, or an extension option or hold over
period is exercised, as verification of continuing coverage.
iii. The Supplier shall not commence work until the required insurance is obtained and until such insurance
has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability
of the Supplier hereunder and shall not be construed to be a limitation of liability on the part of the
Supplier.
iv. The Supplier must submit certificates of insurance to the City for all subcontractors prior to the
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subcontractors commencing work on the project.
v. The Supplier's and all subcontractors' insurance coverage shall be written by companies licensed to do
business in the State of Texas at the time the policies are issued and shall be written by companies with
A.M. Best ratings of A- VII or better. The City will accept workers' compensation coverage written by the
Texas Workers' Compensation Insurance Fund.
vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation
endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following
information:
City of Denton
Materials Management Department
901 B Texas Street
Denton, Texas 76209
vii. The "other" insurance clause shall not apply to the City where the City is an additional insured shown
on any policy. It is intended that policies required in the Contract, covering both the City and the Supplier,
shall be considered primary coverage as applicable.
viii. If insurance policies are not written for amounts agreed to with the City, the Supplier shall carry
Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability
Insurance is provided, it shall follow the form of the primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review
certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or
revision or modification of particular policy terms, conditions, limitations, or exclusions except where
policy provisions are established by law or regulations binding upon either of the parties hereto or the
underwriter on any such policies.
x. The City reserves the right to review the insurance requirements set forth during the effective period of
the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when
deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims
history of the industry or financial condition of the insurance company as well as the Supplier.
xi. The Supplier shall not cause any insurance to be canceled nor permit any insurance to lapse during the
term of the Contract or as required in the Contract.
xii. The Supplier shall be responsible for premiums, deductibles and self -insured retentions, if any, stated in
policies. All deductibles or self -insured retentions shall be disclosed on the Certificate of Insurance.
xiii. The Supplier shall endeavor to provide the City thirty (30) calendar days' written notice of erosion of
the aggregate limits below occurrence limits for all applicable coverage's indicated within the Contract.
xiv. The insurance coverage's specified in within the solicitation and requirements are required minimums
and are not intended to limit the responsibility or liability of the Supplier.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument.
33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Supplier which arises under or
concerns the Contract, or which could have a material adverse affect on the Supplier's ability to perform thereunder,
the Supplier shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the
Supplier. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action;
the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim
is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton
City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton,
Texas 76201.
34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to
be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after
postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered
by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by
first class mail, telefax, or other commercially accepted means. Notices to the Supplier shall be sent to the address
specified in the Supplier's Offer, or at such other address as a party may notify the other in writing. Notices to the
City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the
Purchasing Manager.
35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the
Supplier to the City shall become property of the City upon receipt. Any portions of such material claimed by the
Supplier to be proprietary must be o|eo6y marked as such. Determination of the public nature of the material is
subject to the Texas Public Information Act, Chapter 552, and Texas Government Code.
36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Supplier represents and warrants to the
City that: (i) the Supplier ohuU provide the City good and indefeasible d1|u to the deliverables and (ii) the
deliverables supplied bythe Supplier in oucorduuoc with the opeo85uu1kmo in the Contract will not infringe, directly
occontributorily' any patent, trademark, copyright, trade secret, or any other intellectual property right ofany kind
o[any third party; that unclaims have been made hyany person orentity with respect tothe ownership oroperation
o[the deliverables and the Supplier does not know ofany valid basis for any such claims. The Supplier shall, at its
eo|c expense, defend, indemnify` and hold the City burm|cuo from and against all liability, damages, and costs
(including court costs and reasonable (eum of attorneys and other professionals) arising out ofor resulting from: (i)
any claim that the City`m exercise anywhere in the world ofthe rights associated with the Cdy`x` uvvucrabip, and if
applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party;
or (ii) the Supplier's breach of any of Supplier's representations or warranties stated in this Contract. lothe event o[
any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to
act as co -counsel on the City`o 6ebo|t Further, Supplier uArreo that the City`o specifications regarding the
deliverables mbuU in no way diminish Supplier's warranties or obligations under this paragraph and the City makes
no warranty that the production, development, or delivery of such de\ivcmh|uo will not impact such *mnunJieu of
Supplier.
37. CONFIDENTIALITY: In order taprovide the deliverables to the City, Supplier may require access to certain
of the Cdy'x and/or its |iccnouo` uunfidc/tiu| information (including inventions, employee information, trade
ouun:to, confidential know-how, cuuOdco1ia| business information, and other information which the City or its
licensors consider coufidcn1iu|)(co|lecdve|y, "Confidential iufbrnuo1iou'`). Supplier acknowledges and agrees that
the Confidential lu/oroou1ioo is the vu|uub|c property of the City mod/or its licensors and any unauthorized use,
disclosure, dissemination, orother release of the Confidential Information will oubetumduUy injure the City and/or its
bceuoum. The Supplier (including its employees, subcontractors, agents, or representatives) uAn:co that it will
maintain the Confidential Information in strict cuufiduuuo and xbuO not disclose, disseminate, copy, divulge,
recreate, or otherwise use the Confidential [uK/rmu1iou without the prior written uouocut of the City or in umauuer
not expressly permitted under this Agreement, unless the Confidential Information is required tohedisclosed hy |uvv
or an order of any court or other governmental authority with proper jurisdiction, provided the Supplier promptly
notifies the City before disclosing such information so as to permit the City reasonable time 10 seek unappropriate
protective order. The Supplier agrees to use protective measures no |eoo stringent than the Supplier uses within its
own business toprotect its own most valuable information, which protective measures aboU under all circumstances
6eu1least reasonable measures toensure the continued confidentiality uythe Confidential Information.
38.OWN0R8HIP AND USE OF D0LkVERABLE&The City shall own all rights, titles, and interests throughout
the world inand tothe deliverables.
A. Patents. As to any patentable subject mutter contained in the deliverables, the Supplier uA/eea to disclose such
po1eotuh|e subject matter to the City. Further, if requested by the City, the Supplier agrees to uaaigo and, if
necessary, cause each oyits employees toassign the entire right, title, and interest tospecific inventions under such
po1co1uh|e subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its
employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved
6ythe City, tothe City upon request hythe City.
B. Copyrights. As to any deliverables xonUuiniogcopyrig|tuble subject matter, the Supplier agrees that upon their
creation, such deliverables xhuU he considered as work mode'0or'hirc6ythe Supplier for the City and the City aboU
own all copyrights in and to such deliverables, provided however, that nothing in this Porugcupb38 shall negate the
City`x mule orjoint ownership ufany such deliverables arising byvirtue of the City`o xulc orjoint authorship of such
deliverables. Should by operation of law, such deliverables not be considered vvurku made -for -hire, the Supplier
hoo:ky mnoigoo to the City (and agrees to cause each of its employees providing services to the City hereunder to
execute, acknowledge, and deliver an assignment to the City of) all worldwide right, title, and interest ioand tosuch
dcUvuru6|ex. With respect to such work made -for -hire, the Supplier agrees to execute, acknowledge, and deliver and
cause each of its cnop1oyccx providing aorviuux to the City hereunder to execute, acknowledge, and deliver uwork-
made-for-hire agreement, in u form to he reu000uh|y approved by the City, to the City upon delivery of such
deliverables 8zthe City oroksuch other time uothe City may request.
C. Additional Assignments. The Supplier further agrees to, and if applicable, cause each of its employees to,
execute, acknowledge, and deliver all applications, opcuiOuu1i000, oaths, ooeigomu/to, and all other instruments
which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work
registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and
in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and
interest in and 1othe deliverables. The Supplier's obligations to execute, acknowledge, and deliver (or cause to be
executed, acknowledged, and delivered) instruments or papers such as those described iuthis Paragraph 38 u., b.,
and c. ohuU continue after the termination of this Contract with respect to such deliverables. In the event the City
mbuu|d not seek to obtain copyright pnotcudou' mask work registration or patent protection for any of the
deliverables, but should desire to keep the same secret, the Supplier agrees to treat the same as Confidential
Information under the terms o[Paragraph 37above.
30. PUBLICATIONS: All published mo1criul and p/rdtcu reports submitted under the Contract must be originally
developed material unless otherwise specifically provided iuthe Contract. When material not originally developed is
included in on:port in any form, the source ubuU he identified.
40. ADVERTISING: The Supplier shall not advertise or publish, without the Cby'o prior consent, the fact that the
City has entered into the Contract, except tothe extent required hylaw.
41. NO CONTINGENT FEES: The Supplier p/uouutu that no pc/noo or selling agency has been employed or
retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage,
brokerage, orcontingent fee, excepting bona fide employees ofbona fide established commercial or selling agencies
maintained by the Supplier for the purpose of securing business. For breach or violation of this warranty, the City
ohu\| have the right, iuaddition 10 any other remedy available, to cancel the Contract without liability and to deduct
from any amounts owed tothe Supplier, or otherwise recover, the full amount oysuch commission, percentage,
brokerage orcontingent fee.
42. GRATUITIES: The City may, by written notice to the Supplier, ounue\ the Contract without liability if it is
determined by the City that gratuities were offered or given by the Supplier or any agent or representative of the
Supplier to any officer or employee of the City of Denton with u vie* toward x000rinA the Contract or securing
favorable treatment with respect to the awarding oramending or the making ufany determinations with respect to
the performing ofsuch contract. In the event the Contract is canceled hythe City pursuant tothis provision, the City
shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred
by the Supplier inproviding such gratuities.
43. PROHIBITION AGAINST PERSONAL INTEREST IN : No officer, employee, independent
consultant, or elected official of the City who is involved in the development, evaluation, or decision -making
process of the performance of any solicitation obuU have u fiouociu\ interest, direct or indirect, in the Contract
/eou|dog from that ouiicdu1iuu. Any vviUbu\ violation of this section shall constitute impropriety in oO5ou, and any
officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation
ofthis provision, with the knowledge, expressed orimplied, of the Supplier shall render the Contract voidable by the
City. The Supplier shall complete and submit the City's Conflict of Interest Questionnaire (Attachment B).
44. INDEPENDENT SUPPLIER: The Contract obuU not be construed as orcu1iog an employer/employee
relationship, a partnership, or a joint venture. The Supplier's services shall be those of an independent supplier. The
Supplier agrees and understands that the Contract does not grant any rights or privileges established for employees
o[the City o[Denton, Texas for the purposes ofincome tax, withholding, social security taxes, vacation orsick leave
benefits, worker's compensation, or any other City employee benefit. The City shall not have supervision and control of
the Supplier orany employee of the Supplier, and it is expressly understood that Supplier shall perform the services
hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton,
Texas, orhis designee under this agreement.
45. ASSIGNMENT -DE LEGATION: The Contract shall be binding upon and ensure to the benefit ofthe City and
the Supplier and their respective successors and assigns, provided however, that uoright urinterest in the Contract
mhu|| he assigned and no obligation ubuD he delegated bythe Supplier without the prior written cooxcrd of the City.
Any attempted uooiAnme/4 or delegation by the Supplier shall be void unless mode in cuotbnnby with this
paragraph. The Contract iunot intended toconfer rights orbenefits onany person, ficmorentity not uparty hereto; d
being the intention of the parties that there are no third party beneficiaries to the Contract.
46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a
waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in
writing signed by the aggrieved party. No waiver by either the Supplier or the City of any one or more events of
default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations
under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of
a similar or different character.
47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No
pre-printed or similar terms on any the Supplier invoice, order or other document shall have any force or effect to
change the terms, covenants, and conditions of the Contract.
48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of
the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the
trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been
substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair
to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the
Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall
control, unless otherwise defined in the Contract.
49. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to
prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a
statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between
representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as
agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision -making
authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to
negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not
succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below.
Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed
directly to mediation as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the
parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of
the dispute. Should they choose this option; the City and the Supplier agree to act in good faith in the selection of the
mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract
prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a
contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation
of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution
Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from
the date of the first mediation session. The City and the Supplier will share the mediator's fees equally and the
parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to
represent them or otherwise assist them in the mediation.
50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of
Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm.
Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or
jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the
parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be
construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from
any competent authority as contemplated herein.
51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way
affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be
deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract
did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to
replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken
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provision. The provisions of this section shall not prevent this entire Contract from being void should a provision
which is the essence of the Contract be determined to be void.
52. HOLIDAYS: The following holidays are observed by the City
New Year's Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year's Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday,
it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm,
Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not
within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized
designee.
53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on
the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall
survive the expiration or termination of the Contract.
54. NON -SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton is prohibited from contracting with or making prime or sub -awards to parties that are suspended
or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By
accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or
debarred from doing business with the Federal Government, as indicated by the General Services Administration
List of Parties Excluded from Federal Procurement and Non -Procurement Programs, the State of Texas, or the City
of Denton.
55. EQUAL OPPORTUNITY
A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any discriminatory
employment practice. No person shall, on the grounds of race, sex, age, disability, creed, color, genetic testing, or
national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from
this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall
engage in any discriminatory employment practice against individuals with disabilities as defined
in the ADA.
56. BUY AMERICAN ACT -SUPPLIES (Applicable to certain federally funded requirements)
The following federally funded requirements are applicable, in addition to the specific federally funded
requirements.
A. Definitions. As used in this paragraph —
i. "Component" means an article, material, or supply incorporated directly into an end product.
ii. "Cost of components" means -
(1) For components purchased by the Supplier, the acquisition cost, including transportation costs to the place of
incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty
(whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Supplier, all costs associated with the manufacture of the component,
including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but
excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.
iii. "Domestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; or
IN 0
(2) An end product manufactured in the United States, if the cost of its components mined, produced, or
manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign
origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in
sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap
generated, collected, and prepared for processing in the United States is considered domestic.
iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use.
v. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas.
B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies
acquired for use in the United States.
C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract;
but will consider for approval foreign articles as domestic for this product if the articles are on a list
approved by another Governmental Agency. The Offeror shall submit documentation with their Offer
demonstrating that the article is on an approved Governmental list.
D. The Supplier shall deliver only domestic end products except to the extent that it specified delivery of foreign end
products in the provision of the Solicitation entitled "Buy American Act Certificate".
57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and a] I information presented in
any response to this solicitation, whether amended or not, except as prohibited by law. Selection of rejection of the
submittal does not affect this right.
58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded supplier or supplier to be licensed by
the State of Texas, any and all fees and taxes are the responsibility of the supplier.
59. PREVAILING WAGE RATES: All suppliers will be required to comply with Provision 5159a of "Vernon's
Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and prohibiting
discrimination in the employment practices.
�IM",l is %'. 010'J \, dI �, "I 9. Ia om,l %, III 11)
60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall
comply with all State, Federal, and Local laws and requirements. The Supplier must comply with all applicable laws
at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits
bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public
servants. The Supplier shall give all notices and comply with all laws and regulations applicable to furnishing and
performance of the Contract.
61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Supplier shall demonstrate on -site compliance with
the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of of 1978, dealing
with issuance of Form W-2's to common law employees. Supplier is responsible for both federal and State
unemployment insurance coverage and standard Worker's Compensation insurance coverage. Supplier shall ensure
compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable
to Supplier or its employees for any Unemployment or Workers' Compensation coverage, or federal or State
withholding requirements. Supplier shall indemnify the City of Denton and shall pay all costs, penalties, or losses
resulting from Supplier's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The supplier shall comply with the applicable provisions of the Drug -Free
Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug -
free work environment; and the final rule, government -wide requirements for drug -free work place (grants), issued
by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to
implement the provisions of the Drug -Free Work Place Act of 1988 is incorporated by reference and the supplier
shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be
issued.
63. SUPPLIER LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Supplier shall be liable
for all damages to government -owned, leased, or occupied property and equipment caused by the Supplier and its
employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any
WITIP-9
performance pursuant to the Contract. The Supplier shall notify the City of Denton Procurement Manager in writing
of any such damage within one (1) calendar day.
64. FORCE AJEUE: The City of Denton, any Customer, and the Supplier shall not be responsible for
performance under the Contract should it be prevented from performance by an act of war, order of legal authority,
act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event
of an occurrence under this Section, the Supplier will be excused from any further performance or observance of the
requirements so affected for as long as such circumstances prevail and the Supplier continues to use commercially
reasonable efforts to recommence performance or observance whenever and to whatever extent possible without
delay. The Supplier shall immediately notify the City of Denton Procurement Manager by telephone (to be
confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable
level of detail the circumstances causing the non-performance or delay in performance.
65. NON -WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract
will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either
Party's exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude,
cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the
Contract will not be construed as a waiver of any continuing or succeeding breach.
66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract
is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that
the City of Denton may have by operation of law.
67. RECORDS RETENTION: The Supplier shall retain all financial records, supporting documents, statistical
records, and any other records or books relating to the performances called for in the Contract. The Supplier shall
retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State
Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The
Supplier shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State
Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds
being spent under the Contract.
RADJUITIR
EXHIBIT C
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE
USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date
person who has a business relationship as defined by Section 176.001(1-a) with a local governmental Received
entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not
later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government
Code. An offense under this section is a Class C misdemeanor.
1 Name of person who has a business relationship with local governmental entity.
N/A
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7th business day after the date the originally filed questionnaire becomes incomplete or
inaccurate.)
3'
Name of local government officer with whom filer has an employment or business relationship.
N/A
Name of Officer
This section, (item 3 including subparts A, B. C & D), must be completed for each officer with whom the filer has an
employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach
additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than
investment income, from the filer of the questionnaire?
El Yes � No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income,
from or at the direction of the local government officer named in this section AND the taxable income is not
received from the local governmental entity?
EJ Yes Lr'V7
No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the
local government officer serves as an officer or director, or holds an ownership of 10 percent or more?
El Yes [ " ` J No
D. Describe each affiliation or business relationship.
, - )..i LA,F11A/IA-'t� 9/28/14 — -
re 6f p6r�§bn doing business +ith the governmental Date
Exhibit D
RFP 5608 -Contract Pricing Sheet for SUPPLY OF 15kV CIRCUIT BREAKERS
ABB Inc.
Lake Mary, FL
Estimated
Item *
EST. ANNUAL
UOM
Product Description
Unit Price
Delivery ARO
QTy
(Weeks)
SECTION A- CIRCUIT BREAKERS
1
8 1
EA
115kV, 1200 Amp, 110kV BIL CB
$
14,607.00
15
2
2 1
EA
115kV, 2000 Amp, 110kV BIL CB
$
16,551.00
15
SECTION B- OPTIONS
3
1
EA
Price change for 3000:5, C400
$
636.00
4
1
EA
Price change for 2000:5, C400
$
636.00
5
1
EA
Price change for 1200:5, C400
$
636.00
6
1
EA
Price change for 3000:5, C200
$
636.00
7
1
EA
Price change for 2000:5, C200
$
636.00
8
1
EA
Price change for 1200:5, C200
$
636.00
RFP 5608
Exhibit D
City of Denton
RFP for the Supply of Electric Utility 15kV Circuit Breakers
1. Contractor Legal Name (for contracting purposes): fi(3tb M r-
2. Subsidiary of,
3. Organization Class (circle):
Partnership Corporation Individual Association
4, Tax Payer ID#:
A
5. Date Established:
6. Historically Underutilized Business: Yes or'.No'
7. Does your company have an established physical presence in the State of Texas, or the City of
Denton? �,Ye4 or No, in which?
8. Please provide a detailed listing of all products and/or services that your company provides.
C
9, Has your company filed or been named in any litigation involving your company and the
Owner on a contract within the last five years under your current company name or any
other company name? If so provide details of the issues and resolution if available. Include
lawsuits whcrc, Owncr was involved,
i�'N, MN V1
10, Have you ever defaulted on or failed to complete a contract under your current company
name or any other company name? If so, where and why? Give name and telephone number
of Owner.
�k)
I. Have you ever had a contract terminated by the Owner? If so, where and why? Give name
and telephone number (s) of Owner (s).
�R 0
12, Has your company implemented an Employee Health and Safety Program compliant with 29
CFR 1910 "General Industry Standards" and/or 29 CFR 1926 "General Construction
Standards" as they apply to your Company's customary activities?
. . . ....... . la„....
. ..
Ile, vel = 1,
RFP 5608 - Main Document
Page 11 of 16
RFP 5606
City of Denton
RFP for the Supply of Electric Utility 15kV Circuit Breakers
11 Resi dent/Non -Res i dent Bidder Determination:
Texas Government Code Section 2252.002: Non-resident bidders, Texas law prohibits cities
and other governmental units from awarding contracts to a non-resident firm unless the
amount of such a bid is lower than the lowest bid by a Texas resident by the amount the
Texas resident would be required to underbid in the non-resident bidders' state. In order to
make this determination, please provide the name, address and phone number of.
fffxm=��
ABB Lake Mary, Fl. 407-732-2000
ABB Zurich, Switzerland +41 43 317 71 It
ABB's R-MAG recently celebrated its 10 year anniversary with over 15,000 installations worldwide.
The vacuum interrupter assemblies are rated for up to 30,000 mechanical or no load operations, and over 4,400,000 have been
manufactured and used in various ABB products.
ABB has been using magnetic actuators since 1997 in a multitude of ABB products, and is rated for 100,000 operations.
N 1"IM zzmzlmm��
13 weeks ex -works factory for a new design with no approval drawings and 15 weeks ex -works factory for new design with
apyroval dr.,�Nwin s. This last option allots for 3 weeks for engj=ja(_t and 2 weeks for the customer to receive, review, and approve
the drawings. Once the approval drawings are returned, the 10 weeks ex -works factory begins. If for any reason a change notice is
to come through this will delay shipment. ABB's R-MAG has 24/7 customer service support along with a 5 year warranty,
Exhibit D
City or Denton
RFP for the Supply of Electric Utility 15kV Circuit Breakers
AIM&CRAMNAMIk-SUBMISSION EXCEPTIONS
Any exceptions taken to this solicitation must be itemized on the lines below, Additional pages maybe added as
needed. If there are no exceptions, please sign where indicated at the bottom of the page.
Item Description
.J F, 1: t, Z
Af L3.,
0
W, - --- -- ---------
11,,( C,
..... . . . . . . . . . . ... .
..... . . ...... .
Company
Date
RM
RFP 5608 ® Main Document Page 13 of 16
RFP 5605
City of Denton
RFP for Supply ofElectric Utility l5kV Circuit Breakers
Please list three (3) Government references, other than the City of Denton, who can verify the quality of service
your company provides, The City prefers customers of similar size and scope of work to this solicitation.
GOVERNMENT/COMPANY NAME:Oncor
LOCATION: Ft. Worth,'] X... .... .......... ... ___, — ,,
CONTACT PERSON AND TITLE: Bau Phan
TELEPHONE NUMB ER: 817-215
SCOPE OF WORK� R4%1lag s__
CONTRACT PERIOD: (1twtes-
WWIWIWT11*315�
GOVERN MENT/COMPANY NAME: Brazos Electric
LOCATION: Waco,'F,\__
CONTACT PERSON AND TITLE: Steve Glockzin
TELEPHONE NUMBER: 254-715-9154
SCOPE OF WORK:
CONTRACT PERIOD: quotes, . ...... ..
GOVERNMENT/COMPANY NAME: Farmers Electric Coop
LOCATION: Greenville,'I'N
CONTACT PERSON AND TITLE: Brian Green
TELEP14ONE NUMBER: 903-455-1715
SCOPE OF WORK: R-Nfiq�s
CONTRACT PERIOD:quotes
RFP 5596 - Main Document
RFP 5608
Exhibit D
City or Denton
RFP for the Supply of Electric Utility 15kV Circuit Breakers
all W" WN
The undersigned agrees, if this submission is accepted, to furnish any and all i te rns/sery ices upon which prices are
Z,
offered, at the price(s) and upon the terms and conditions contained in the specillocation. The period for acceptance of
(his submission will be 120 calendar days unless a different period is noted,
ne noJLbc_cm_prepAred
in collusion with anv other res _5_Wff
TUM In I FIRM' ioniwi
110, 01
this submission.
Respondent hereby assigns to the City any and all clainns for overcharges associated with this contract which arise under
the antitrust laws of the United Slates, 15 USCA Section i gL�scA,, and which arise Linder the antitrust laws of the State of
Texas, Tex. Bus. & Conn, Code, Section 15.0 1, g "se ,
The undersigned affirms that they have read and do understand the specifications, all exhibits and attachments contained
in this solicitation package,
The undersigned agrees that the solicitation package posted on the websne are the official specifications and shall not
alter the electronic copy of the specifications arid/or pricing sheet (Exhibit 1), without clearly identifying changes.
The undersigned understands they will be responsible for monitoring the City of Denton purchasing Website at:
to ensure they have downloaded and signed all addendum(s)
required for submission wilh their response,
I certify that I have rnade no willful misrepresentations in this submission, nor have I withheld information in my
statements and answers to questions. I am aware that the information given by me in this submission will be investigated,
with rny full permission, and that any misrepresentations or ornissilons may cause my submission to be rejected,
Acknowledge receipt of following addenda to the solicitation:
Addendum No I Dated Received
Addendum No 2 Dated Received
Addendurn No 3 Dated Received—___,'',
NAME AND ADDRESS OF COMPANY: AUTHORIZED REPRESENTATIVE:
Signature
Date
Title
Fax No.
Email,
.... . ....... .......... . ... .
RFP 5608
Exhibit D
F
7 7 E, 'l, 11' . .. ... . . ..... 7 4 1
5 jjll� 11
0,
COMMERCIAL AND TECHNICAI-TENDER
00811
[a
Dear Customer:
Attached is a quotation from ABB Inc., per your request. The opportunity to provide these items
to you is greatly appreciated, and this offering is intended to meet your highest expectations.
The R-MAG TM breaker is an example of ABB's continuous effort to develop and implement the
latest technology into our products. The R-MAG TM is truly the next generation in medium voltage
vacuum circuit breaker technology.
ABB's proposal delivers improvement and value in four key areas:
This proposal offers the ABB R-MAG TM circuit breaker utilizing magnetic actuator technology.
Significantly less moving parts = Reliability
• Simple magnetic actuator with one moving part
• Elimination of cams and linkages
• Elimination of spring charge motors
Durable design = Longer Life
• Rated for 10,000 operations, five times the ANSI requirements
• ABB Vacuum Interrupter rated for 30,000 load current operations
Low Maintenance = Reduced Operating Costs
• No maintenance required on magnetic actuator
• Closing and tripping is a current limited pulse — eliminates failed trip coils
• No Gas or Oil
5-year comprehensive warranty & 24 hour / 7 day a week customer service
ABB Inc. stands ready to work with you to supplement this product offering with technical application
experts, spare parts, training and support services intended to reduce your total cost of ownership.
We look forward to your consideration of this offering, and will be pleased to answer any questions you
may have.
Best Regards,
Stacy Glass
ABB Inc.
655 Century Point
Lake Mary, FL 32746
RFP 5608
COMMERCIAL AND TEC11"INICAL TEENDER
20�.�
RIZ11111111111 ." 10 - " -
11145 S 82nd St
Tulsa, Oklahoma. 740081
wrMT0MrT2VM.T3
J.H. Davidson &
Associates
M-M=
Stacy Glass
655 Century Point
Lake Mary, FL. 32746
(407)732-2160
ala-awn �-- �-� � 11=6
30�M
14Q2340057 30 Jul 2014 16 Sep 201M
Pricing
Item ty
I Product Type
Net Price Each It Total
(USD) I (USD)
lb 2
MB11246QUMH5SBL401
16551.00 33102.00
Rated Maximum Voltage: 15.5 kV RMS
Rated Lightning Impulse Withstand Voltage (BIL):
110 kV peak
Rated Continuous Current: 2000 A RMS
Rated Short Circuit Interrupting Current: 25 kA
RMS Sym,
For Lead Time, please see Lead Time table In the
General Terms & Conditions section.
8
Mbfi'146Q'-'S'M'-'H5'S'BL401
14607.00 116856.00
Rated Maximum Voltage: 15.5 kV RMS
Rated Lightning Impulse Withstand Voltage (BIL):
110 kV peak
Rated Continuous Current: 1200 A RMS
Rated Short Circuit Interrupting Current: 25 kA
RMS Sym.
For Lead Time, please see Lead Time table in the
General Terms & Conditions section.
K
COMMERCIAL AND TECHNICAL TENDER
Item 10
ABB Product ID: MBI 1246QUMH5SBL401
Breaker Type:
Type R-MAG three phase air insulated, magnetically actuated, vacuum circuit breaker
Factory assembled, wired and routine tested per ANSI C37.09.
Breaker Rating:
Rated Maximum Voltage: 15.5 kV RMS
Rated Lightning Impulse Withstand Voltage (BIL): 110 kV peak
Rated Continuous Current: 2000 A RMS
Rated Short Circuit Interrupting Current: 25 kA RMS Sym.
Auxiliary Switches:
16 deck snap action rotary switch. Normally this should provide 'a' and 4 'b' field adjustable
contacts.
Current Transformers Bushings 1-3-5:
2 sets of 3000/5 C400 Bushing Current Transformers on bushings 1-3-5
Thermal Rating Factor @ 30OC:
Full Winding Metering Class: 0.31311.8.
Current Transformers Bushings 2-4-6:
2 sets of 2000/5 C400 Bushing Current Transformers on bushings 2-4-6.
Thermal Rating Factor @ 30OC: 2.00.
Full Winding Metering Class: 0.3131.8
BCT Shorting Type Terminal Blocks:
Standard shorting type terminal blocks as required,
BCT Wiring:
#12 AWG Cable. All taps wired to terminal blocks.
Trip Voltage or Actuator Voltage:
Trip coils are not applicable for magnetically actuated breakers,
Close Voltage or Actuator Voltage,
High Voltage ED2.0 Board with an operating range of 85 - 264 VAC or 77 - 280 VDC
Motor Voltage or Operating Voltage:
125 VC operating voltage.
Circuit Protection:
MCB for HTR and AU, knif SW for control
Control Terminal Blocks:
Standard control terminals as required.
K
G"OMMERCIAL AND TEC74NICAL TENDER
Control Wiring:
#14 AWG (41 -.010) SIS, fungus proof wire on control circuits.
Control Wiring Lugs:
Insulated control wiring lugs provided.
it Markers:
Brady wire marker sleeves as required,
Heaters:
(2) 240 VAC, 375 Watt heaters provided; one for the low voltage compartment and one for the
high voltage compartment.
Thermostats:
(1) Standard thermostat included. Operating Range: 70OF to 80OF
Bushing:
Six ANSI-70 gray Porcelain Bushings. Creep: 27.5 in. (699 mm)
2.00 in. (51 mm) - 12 THDS copper stud bushing.
Bushing Terminal:
Stud to 4-hole NEIVIA pad connectors
Mounting Frame,
One adjustable steel substation mounting frame with galvanized legs and two stainless steel
ground pads located on the each side of the unit.
Protection/Control Relay Type:
No control is provided.
Control:
User Defined Special Relay
Panel Configuration:
Swing panel provided with standard control switch, red and green indicating lights, and
local/remote switch.
Control Switch:
(1) Standard control switch with red and green indicating lights.
Local/Remote Switch:
(1) Standard local/remote switch provided,
Test Switches:
No test switches provided.
Digital Meters:
No digital meters provided
2
RFP 5608
Standard Dynamic Accessories:
Special Dynamic Accessory 2, 120 VAC relay cabinet light mounted inside relay control
cabinet.
Special Dynamic Accessory 3: 120 VAC, 1 phase GFI utility outlet mounted inside the relay
control cabinet.
Special Dynamic Accessory 11: Loss of DC supply voltage
Special Dynamic Accessory 13: Panel mounted device engraved nameplates white on black or
white on red micarta.
Special Dynamic Accessory 14: External bushing identification stickers (Bushings 1-6).
Special Dynamic Accessory 17: Qty 1: Capacitor Discharge Pushbutton
ABB Internal Order Entry Info:
CID Code: 9AAC30400486
Source Location Code: 9AAE3001 85
M
RFP 5608
COMrYIERCIAL AND TECHNICAL "IrENDER
It 20
ABB Product ID: MBI 1146QSMH6SBL401
Breaker Type:
Type R-MAG three phase air insulated, magnetically actuated, vacuum circuit breaker.
Factory assembled, wired and routine tested per ANSI C37.09.
Breaker Rating:
Rated Maximum Voltage: 15.5 kV RMS
Rated Lightning Impulse Withstand Voltage (IL): 110 kV peak
Rated Continuous Current: 1200 A RMS
Rated Short Circuit Interrupting Current: 25 kA RMS Sym.
Auxiliary Switches:
16 deck snap action rotary switch. Normally this should provide 4'a' and 4'b'field adjustable
contacts.
Current Transformers Bushings 1-3-6:
2 sets of 3000/5 C400 Bushing Current Transformers on bushings 1-3-5,
thermal Rating Factor @ 30'C:
Full Winding Metering Class: 0.3131.8.
Current Transformers Bushings
2 sets of 1200/5 C400 Bushing Current Transformers on bushings 2-4-6.
Thermal Rating Factor @ 30'C: 1.50.
Full Winding Metering Class: 0.3131.8
BCT Shorting Type Terminal Blocks:
Standard shorting type terminal blocks as required.
BCT Wiring:
#12 AWG Cable. All taps wired to terminal blocks.
Trip Voltage or Actuator Voltage:
Trip coils are not applicable for magnetically actuated breakers.
to Voltage or Actuator Voltage,
High Voltage ED2.0 Board with an operating range of 85 - 264 VAC or 77 - 280 VDC
Motor Voltage or Operating Voltage:
125 VIDC operating voltage.
Circuit Protection:
MCB for HTR and AUX, knif SW for control
Control Terminal Blocks:
Standard control terminals as required.
Control Wiring:
#14 AWG (41 -.010) SIS, fungus proof wire on control circuits.
X,
RFP 5608
COMMERCIAL AND TECHNICAL TENDER
Control Wiring Lugs:
Insulated control wiring lugs provided
Wire Markers:
Brady wire marker sleeves as required.
Heaters-
(2) 240 VAC, 375 Watt heaters provided; one for the low voltage compartment and one for the
high voltage compartment,
Thermostats:
(1) Standard thermostat included. Operating Range: 70"F to 80OF
Bushing:
Six ANSI-70 gray Porcelain Bushings. Strike: 7.50 in. (191 mm); Creep: 17.50 in. (445 mm)
1.25 in. (32 mm) - 12 THDS copper stud bushing.
Bushing Terminal:
Stud to 4-hole NEIVIA pad connectors
Mounting Frame:
One adjustable steel substation mounting frame with galvanized legs and two stainless steel
ground pads located on the each side of the unit.
Protection/Control Relay Type:
No control is provided.
Panel Configuration:
Swing panel provided with standard control switch, red and green indicating lights, and
local/remote switch.
Control Switch:
(1) Standard control switch with red and green indicating lights.
Local/Remote Switch:
(1) Standard local/remote switch provided,
Test Switches:
No test switches provided,
Digital Meters:
No digital meters provided
h
5r#,Tlirip,14T,4,ZIUELTW-l�-���& 40
Standard Dynamic Accessories:
Special Dynamic Accessory 2: 120 VAC relay cabinet light mounted inside relay control
cabinet.
Special Dynamic Accessory 3: 120 VAC, 1 as GFI utility outlet mounted inside the relay
control cabinet.
Special Dynamic Accessory 11: Loss of DC supply voltage
Special Dynamic Accessory 13: Panel mounted device engraved nameplates white on black or
white on red micarta.
Special Dynamic Accessory 17: Oty 1: Capacitor Discharge Pushbutton
ABB Internal Order Entry Into:
CID Code: 9AAC30400486
Source Location Code: 9AAE300185
RFP 5608
11 ! 11111111min•
i i i 111 1'..11 1 1 P
ABB's R-MAG is designed and tested to applicable IEEE, ANSI and NEIVIA SG4
st, . ?ndards.
WNFIFTO-M
1111. Technical Specification
CC. Maintenance Too/ Kit
1111111111111111 � I I I 1 111111111 1111111 111111111111111111 UP[ =��
ABB can support our customers with hands-on factory authorized training for all their new
installations. ABB offers a hands-on training class for up to 10 technicians on -site to train them
on the proper operation and safety requirements of their new gear. The duration and content of
ilhe class can be customized based on the experience and background of your technicians. Tha
classes are led by a highly skilled factory trained field service technician. Additional training
courses are available based on customer need, such as preventive maintenance, complete
refurbishment, relay coordination, etc. ABB will design the program around customer
requirements.
R'Alno ORION
the reliability and service life of your new gear, Choosing an ABB preventive maintenance
program may allow ABB to extend the warranty on your equipment. I
N
COMMIER("P1AL AND TECHNICAL TENDER
Prices
Prices are firm for shipment quoted, and do not include federal, state, or local taxes of any kind
Payment
Payment terms are Net 30 Days.
ABB has a minimum domestic order value requirement of $500 USD.
Warranty
The equipment is warranted for a period of 60 months from date of shipment.
Delivery Terms
Proposed delivery terms will be DDP Delivery Duty Paid,
Extra Information: DDR "Customer Factory", Texas, USA Incoterms 2010.
Quoted lead times are based on current production levels, Actual lead times are dependent on
available production space at time of order entry and/or release to manufacturing.
Lead time is as indicated on pricing summary table. For orders that require drawing approval,
Vrawings will be submitted 3 weeks after factory receipt of order. The lead time is 10 weeks after
factory receipt of final approved drawings. To ensure the quoted lead-time please return
,?pproval drawings to ABB within 2 weeks of receipt.
Terms & Conditions
Other terms and conditions are per ABB General Terms and Conditions of Sale (50-490).
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a short delivery schedule.
Delivery Schedule
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Orders with Drawing Approval
• Approval Drawings — 3 weeks after receipt of ABB approved order
• Customer drawing approval time — 2 weeks to keep order timeline on schedult-
• Product ready for shipment — 10-11 weeks after return of all approval drawings
with customer release for manufacture
11. Orders with no existing bill of material and no drawing approval
• Bill of material created — 3 weeks after receipt of ABB approved order
• Product ready for shipment — 10-11 weeks after release of bill of material
• Total lead time — 13-14 weeks ex -works factory **
N.Aaff. Me.
COMM ERCCUL AND IFECHNICAL TEENDER
All customer provided data and requirement must be finalized at the time of purchase order
placement. Revision to contract requirements may result in schedule changes and delays. All
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• for actual lead-times at time • order •
"Expedited lead times may be available. Contact your order management representative for
more information.
Cancellation Charges
Cancellation of the contract will be subject to penalties depending on the time the cancellation
occurs. ABB's standard cancellation charges are 10% after receipt of order, 20% after drawings
issued to customer for approval or if order has been engineered, 45% after release to order major
material, 75% after receipt of major material, and 100% after start of fabrication.
Change Notices
Changes after order entry related to engineering, drawings, or parts could be subject to additional
charges.
We appreciate the opportunity to quote on this business. If there are any questions regarding this
quotation or any other matter relating to this job please call me at your convenience.
11
RFP 5608