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2013-120ORDINANCE NO. 2013-120 AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR THE PURCHASE OF SUBSTATION CONTROL BUII,DINGS FOR DENTON MUNICIPAL ELECTRIC 1N A THREE (3) YEARNOT-TO-EXCEED AMOUNT OF $3,090,000; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5156-AWARDED TO STUART C. IRBY COMPAN�. WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the purchase of substation control buildings for Denton Municipal Electric in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation Factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request for Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 5156 Stuart C. Irby Company $3,090,000 SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. 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 the RFP 5156 to the City Manager of the City of Denton, Texas, ar his designee. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the %��/Z day of r�'v�'� , 2013 MA t A. S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ; ^, APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ,, BY: -� � 6-ORD-RF 156 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND STUART C. IRBY COMPANY THIS CONTRACT is made and entered into this � day of A.D., 2013, by and Uetween Stuart C. Irb�panv a corporation, whose addres is 125 Belton Street, Fort Worth, TX 76118, 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: SCOPE OF SERVICES Supplier shall provide products in accordance with the City's the revised document RFP # 5156 — Su�plv of Substation Control Buildings, a copy of which is attached and incorparated herein for all purposes. 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) Revised Request for Proposal (Eghibit "B") (c) Technical Drawings (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 Uinding 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." RFP 5156 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. CITY OF DENTON, TEXAS A TEXAS MUNICIPAL CORPORATION By: ATTEST: WALTF�.RS� CITY SECRETARY . , _ . : APP�VED AS �T10 LEGAL FORM: ANIT BURGESS, CITY ATTORNEY By: ,� � ATTEST: I: APPROVED AS TO LEGAL FORM: � � .-• _ ��__ / � - - —a.,��s�� RFP 5156 SUPPLIER STUART C. IlZBY COMPANY 7�zs ,BeG�on sf. ,Ffi. i,�J o r tG, �%X T�//l MAII,ING ADDRESS i v . . �: .. �. �:� Eghibit A Special Terms and Conditions uantities The quantities indicated on E�ibit 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 Chan�es Durin� 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 dentonpurchasing�a,citvofdenton.com, 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. Authorized Distributor 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 th@ City. Contract Terms It is the intention of the City of Denton to award a contract for a one (1) year period. The City and the Awarded Contractor shall have the option to renew this contract for an additional two (2) one- year periods. Materials and services undertaken pursuant to this contract will be required to commence within fourteen (14) days of delivery of a Notice to Proceed. The specifications shall be accomplished per the RFP. The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, frorn the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date in accordance with the provisibn of the section titled "price adjustments", or the section(s) titled "termination". Price Escalation and De-escalation Prices agreed upon during the RFP process must be firm for a period of ninety days from date due date of the proposal. Any request for price adjustment must be based on the, U.S Department of Labor, Bureau of Labor Statistics, Producer Price Index (PP� * for Electrical Equipment * Producer Price Index/PPI is defined by the U.S. Department of,Labor: The Producer Price Index (PPI) is a family of indexes that measures the average change over time in selling prices received by domestic producers of goods and services. PPI measures price change from the perspective of the seller. This contrasts with other measures, such as the Consumer Price Index (CPI), that measure price change from the purchaser's perspective. Sellers' and purchasers' prices may differ _ due to government subsidies, sales and excise taxes, and distribution costs. RFP 5156 Manufacturing (PCU33531-33531-) as found at (httn://www.bls.gov/ppilhorne.htm). The price will be increased or decreased based upon the monthly percentage change in the latest published PPI. The escalation will be determined monthly. Should the PPI change exceed a minimum threshold value of +/-1%, then the stated eligible prices shall be adjusted ih accordance with the PPI change. The supplier should provide documentation as percentage of each cost associated with the unit prices quoted for consideration. Price adjustments can be sent by e-mail to: purchasing�a�citvofdenton.com Or mail to: City of Denton Attn: Purchasing Manager RFP # 5156 901B Texas Street Denton, Texas 76209 Or call: City of Denton Purchasing (940) 349-7100 The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes. Total Contract Amount The contact total shall not exceed $3,090,000. Pricing shall be per Exhibit C attached. RFP 5156 EXHIBIT B REVISED RFP DOCUMENT The City of Denton Purchasing Department 901-B Texas Street Denton, Texas 76209 � REQUEST FOR PROPOSALS RFP 5156 SUPPLY OF SUBSTATION CONTROL BUILDINGS FOR THE CITY OF DENTON NIGP CLASS and ITEM 155 10 155 78 Issue Date: January 7, 2013 Response due Date and Time (Central Time): Tuesday, January 29, 2012, 2:00 p.m. CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS SOLICITATION CHECKLIST Checklist for RFP #5156 Title: SUBSTATION CONTROL BUILDINGS Opening Date: 1129/2013 at 2:00 PM Contractor Name and Address: Stuart C. Irby Company, 7125 Belton, Street. Ft Worth, Texas 76118 Contact: Russell James — Inside Sales Associate TX Taxpayer VIN#: EIN# 64-0179020 Phone: (817) 321-4011 Fax: (817) 284-7743 Email: james@irby.com Submit one (1) original and two (2) WRITTEN copies of submittal (REQUIRED) V a. Submit Written Proposal by courier, hand delivery, or mail � b. Exhibit 1-Excel Pricing Sheet, Review, complete, and return � 2. Email Exhibit 1 in Excel format to ebids(c�cityofdenton.com � 3. Submittal Requirements (Meet Section III) • Review all requirements �i • Ensure your firm meets all stated minimum requirements � • Documentation included supporting the evaluation criteria. � • Addendum(s) Reviewed and return � • Attachment A, Not applicable • Attachment B, Not applicable • Attachment C, Review, complete and return � • Attachment D, Not Applicable • Attachment E, Not Applicable • Attachment F, Review, complete, and return V • Attachment G, Review, complete, and return � • Attachment H, Review, complete, and return V • Attachment I, Review and note any exceptions � • Attachment J, Review, complete, and return �i • Exhibit 2, Review � � • Exhibit 3, Review, complete and return for technical drawings V PAGE 3 OF RFP #5156 Section I Section II Section III Section N Section V Section VI Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Attachment G Attachment H Attachment I Attachment J Ea�hibit 1 E�ibit 2 Exhibit 3 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS TASLE OF CONTENTS General Procurement Process and Procedures Submittal Requirements Evaluation and Award Payment and Performance Requirements Standard Purchase Terms and Conditions Not Applicable Not Applicable Business Overview Questionnaire Forms Not Applicable Not Applicable References Conflict of Interest Form Disadvantaged Business Utilization Sample Contract Documents Acknowledgment Pricing Sheet Technical Specifications FTP Non-Disclosure Form for access to Technical Drawings PAGE 4 OF RFP #5156 � CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS Section I General 1. INTRODUCTION In accordance with the provisions of Texas Local Government Code, Chapter 252, The City of Denton (the City) is requesting proposals to contract with an individual or business with considerable experience in providing goods or services of this RFP. The proposals and tl}e cost solutions shall be submitted to the City of Denton in a sealed submission, in accordance with Texas Local Governrnent Code 252.0415 and 252.042. The awarded individual or business shall possess a proven track record of using innovative approaches to providing goods and services that represent the best value to their clients. The awarded individual or business shall have the ability to accomplish all aspects of the requested services. The selected individual or ium should be able to provide innovative methods to deal with municipal challenges, and cost effective solutions. The City is seeking a long term contract for the supply of SUSS'rA'r�o1v CONTROL BUILDINGS. Denton Municipal Electric has substation projects approved that will require CONTROL BUILDINGS of various sizes during the next three years. It is intended that the proposed contract be utilized to supply these buildings as each substation project is developed. The City of Denton is exempt fro`rc Federal Excise and State Sales Tax. A. COMMUNITY PROFILE Denton, Texas is a Main Street City in the North Texas region at the apex of Interstate 35 East and Interstate 35 West. Established in 1857, Denton is the county seat of Denton County and was named for John B. Denton. Denton is unique in composition; the city is comprised of over 92 square miles which radiate out in all directions from the downtown core, with a population of 113,000. In addition to the unique physical composition of the city, there is a unique character to the City. It is comprised of a diversity of neighborhoods and land uses that range from historical residential and commercial districts to new residential subdivisions and industrial complexes to greenbelt areas and newly annexed rural areas. Denton is home to two state universities, the University of North Texas, and Texas Woman's University, and two regional hospitals. The City is traversed by state highways, rail lines, and Interstate 35 E& W. This sumrner Denton County Transportation Authority (DCTA) began operation of a passenger rail service that runs from downtown Denton to the Ciry of Carrollton, where passengers may transfer to the Dallas Area Rapid Transit (DART) system and continue travelling by rail within the Metroplex region. The rail service is accompanied by the opening of two rail stations in Denton. The City of Denton has also taken a proactive approach in its pursuit of environmental and sustainable initiatives. The City has, through DME, become a national leader in renewable energy with rnore wind power per capita than any other city in the United States and through Denton Solid Waste, become a national leader in sustainability and environmental stewardship through various award winning programs. PAGE 5 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS B. BACKGROUND The City of Denton has experienced significant growth over the past few years and signi�'icant utilization of goods and services to meet the ever growing needs of a vibrant community has driven the need to obtain long term commitments to supply materials and services. The City desires an innovative solution that ensures a successful approach to provide goods and services; and allows for fluid responsiveness to upcoming changes — both anticipated and unforeseen. The use of technological opportunities throughout the service delivery is encouraged. 2. MINIMUM SUBMISSION REQUIREMENTS The following minimum requirements must be demonstrated in order for the submission to be considered responsive to the City of Denton. Any proposal received, which is determined to not meet these mandatory requirements shall be immediately disqualified and rejected as non- responsive. � Five (5) years experience providing similar products or services in the US. � Three (3) references from utility entities for the products or services requested. The City prefers references from municipalities of similar size. � A defined level of industry knowledge and understanding. • Ability to supply products as specified 3. CONTRACT TERM It is the intention of the City of Denton to award a contract for a one (1) year period. The City and the Awarded Contractor shall have the option to renew this contract for an additional two (2) one- year periods. Materials and services undertaken pursuant to this RFP will be required to commence within fourteen (14) days of delivery- of a Notice to Proceed. The specifications shall be accomplished per the Technical Specifications as identified in E�ibit 2 and the Procurernent Process and Procedures as outlined in Section II. 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 in accordance with the provision of the section titled "price adjustments", ar the section(s) titled "termination". 4. PRICING Proposed pricing shall be firm for ninety days from due date of proposal. After that, pricing will adjust monthly as stipulated below in Paragraph 5, "PRICE ADJUSTMENTS". ". Price Decreases/Discount Increases pAGE 6 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS Suppliers are required to immediately implement any price decrease or discount increase that may become available. The City of Denton must be notified in writing for updating the contract. 5. PRICE ADJUSTMENTS Prices agreed upon during the RFP process must be firm for a period of ninety days from date due date of the proposal. Any request for price adjustment must be based on the, U.S Department of Labor, Bureau of Labor Statistics, Producer Price Index (PPI) * for Electrical Equipment Manufacturing (PCU33531-33531-) as found at (htt�://www.bls._o�v/�pi/home.htm). The price will be increased or decreased based upon the monthly percentage change in the latest published PPI. The escalation will be determined monthly. Should the PPI change exceed a minimum threshold value of +/-1%, then the stated eligible prices shall be adjusted in accordance with the PPI change. The supplier should provide documentation as percentage of each cost associated with the unit prices quoted for consideration. The City will consider alternate indices if the proposer submits the alternate with the proposal. The City prefers third party indices. The alternate index will be reviewed and considered in the evaluation. Price adjustments can be sent by e-mail to: purchasing�a7,citvofdenton.com Or mail to: City of Denton Attn: Purchasing Manager RFP # 5156 901B Texas Street Denton, Texas 76209 Or call: City of Denton Purchasing (940) 349-7100 The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes. (Irby Section Note: Section refers to "labof• price adjustments" in tota� Tlzis is a mc�terial supply/commodity material RFP, whereby this section and language do not apply. Cor�dition(s) for materrc�l price adjustment will be outlined and then negotiated, if necessary.) 6. SUBSTITUTIONS DME will only accept proposals for the specific structures shown in the drawings. * Producer Price Index/PPI is defined by the U.S. Department of Labor; The Producer Price Index (PPI) is a family of indexes that measures the average change over time in selling prices received by domestic producers of goods and services. PPI measures price change from the perspective of the seller, This contrasts with other measures, such as the Consumer Price Index (CPI), that measure price change from the purchaser's perspective. Sellers' and purchasers' prices may differ due to government subsidies, sales and excise taxes, and distribution costs. PAGE 7 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS 7. DISQUALIFICATIONS Any terms and conditions attached to a solicitation will not be considered unless specifically referred to on a solicitation and may result in disqualification. Any proposals that do not clearly outline all qualifications may be disqualified. Any "item" that would be deemed "confidential and proprietary" by Irby and/or its represented manufacturer(s) will be designated and noted as such prior to and at the time of submission to City of Denton and/or its cooperative agencies ) 8. INTELLECTUAL PROPERTY INDEMNIFICATION The contractor will indemnify, defend and hold harmless the City of Denton, and its authorized users, against any action or claim brought against the City of Denton, or its authorized users that is based on a claim that software infringes any patent rights, copyright rights or incorporated misappropriated trade secrets. Contractor will pay any damages attributable to such claim that are awarded against the City of Denton or its authorized users, in a judgment or settlement. If the City of Denton or its authorized users' utilization of the software becomes subject to a claim, or is likely to become subject to a claim, in the sole opinion of the City of Denton, or its authorized users, the Contractor shall, at its sole expense (1) procure for City of Denton or its authorized users, the right to continue using such software under the terms of this Contract; or (2) replace or modify the software so that it is non-infringing. Any "item" that would be deemed "confdential and proprietary" by Irby and/or its represented manufacturer(s) will be designated and noted as such prior to and at the time of submission to City of Denton and/or its cooperative agencies. 9. RIGHTS TO DATA, DOCUMENTS, AND COMPUTER SOFTWARF (GOVERNMENTAL ENTITY OWNERSHIP) Any software, research, reports studies, data, photographs, negatives or other documents, drawings or materials prepared by contractor in the performance of its obligations under this contract shall be the exclusive property of the City of Denton and all such materials shall be delivered to the City by the contractor upon completion, termination, or cancellation of this contract. Contractor may, at its own expense, keep copies of all its writings for its personal fles. Contractor shall not use, willingly allow, or cause to have such materials used for any purpose other than the performance of contractor's obligations under this contract without the prior written consent of the City; provided, however, that contractor shall be allowed to use non-confidential materials for writing samples in pursuit of the work. The ownership rights described herein sl�all include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use the works. Any "item" that would be deemed "conf'idential and proprietary" by Irby and/or its represented manufacturer(s) wi11 be designated and noted as such prior to and at the time of submission to City of Denton and/or its cooperative agencies.) 10. ADDING NEW PRODUCTS OR SERVICES TO THE CONTRACT AFTER AWARD Following , the Contract award, ADDITIONAL services or products of the same general category that could have been encompassed in the award of this contract, and that are not already on the contract, may be added. A formal written request may be sent to successful PAGE 8 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILIIINGS Contractor (s) to provide a proposal on the additional services and shall submit proposals to the City of Denton as instructed. All prices are subject to negotiation with a Best and Final Offer ("BAFO"). The City of Denton may accept or reject any or all pricing proposals, and may issue a separate RFP or IFB for the products after rejecting some or all of the proposals. The commodities and services covered under this provision shall conform to the statement of work, specifications, and requirements as outlined in the request. Contract changes shall be made in accordance with Local Government Code 252.048 11. COOPERATIVE PURCFIASING / PIGGYBACK OPTION Irby is willing to review and potentially negotiate a"piggyback option", inclusive of all processes, timelines and evaluation parameters, in either a projected annualized volurne or case-by-case manner, but does not concede to this reirnbursable service fee at the outset of this contract due to the cornpetitive nature of our bid and the lack of ability to establish financial impact on a return on investment basis to Irby at this point in time. 12. QUANTITIES The quantities indicated on the Pricing Sheet (E�ibit 1) 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 prices. Individual purchase orders will be issued on an as needed basis. 13. 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 nurchasing�a�cit,vofdenton.com, with the RFP 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. 14. AUTHORIZED DISTRISUTOR The respondent 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. Irby is an authorized distributor. 15. SAMPLES A free sample is not possible on this particular initiative. 16. SAFETY AND ENVIRONMENTAL HAZARDS SECTION DELETED PAGE 9 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS 17. CONTRACTOR STANDARDS OF PERFORMANCE SECTION DELETED 18. PERFORMANCE LIQUIDATEII DAMAGES SECTION DELETED 19. ANTICIPATED PROBLEMS AND PROPOSED SOLUTION Respondent shall offer written observations, based upon previous experiences in public projects of this magnitude, addressing any anticipated problems and offer proposed solutions to those problems. 20. QUALITY CONTROL The manufacturer shall be responsible for the quality control of the manufacturing processes to assure that all requirements of these specifcations are met. However, the purchaser reserves the right to observe, to inspect and to require additional quality control investigations, either by its personnel or an independently employed quality control investigator, at any or all stages of fabrication at the manufacturer's facilities. Failure to adequately maintain. fabrication and quality of fabrication until completion shall be grounds for cancellation of the order or any part thereof. Field failure or field repairs required due to quality control failures or manufacturing procedures sha11 be the responsibility of the manufacturer. Irby is to be notified in writing of any qualily control issues andlor concerns prior to any action taken. Any investigation or changes to the manufacturing p�ocess will be mutually negotiated and established. The terms of any field repairs are to be negotiated if necessary. 21. INSURANCE NOT APPLICABLE — THIS IS A COMMODITY ONLY CONTRACT 22. CONTRACTS The successful awarded vendor will be required to sign an original contract. A sample contract is provided in Attachment I— Sample Contract. Respondents shall review the document and note exceptions in the proposal. 23. SHIPPINGS DELIVERYAND PACKAGING Identification of Shipments: In addition to the complete destination address, each delivery must be clearly marked with the purchase order nutnber. Each shipment must be accompanied by a packing slip. Packaging and Labeling: All items shipped must be properly labeled, with weather resistant labeling, showing the brand name, package quantity, lot number (if applicable) and any other necessary identifying information. PAGE 10 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BIJII.DINGS Special Delivery Requirements: Customers may have specific, internal delivery rules and policies. These will be provided on each purchase order issued by the customer. The contractor(s) will be required to adhere to those requirements. t Hours of Delivery: Delivery shall be made during the hours of 8:00 am to 1:00 pm (CST) of the Customer unless prior approval for after-hours delivery has been obtained from the Customer. In the event of any approval by the Custorner for after-hours delivery, Respondent may not invoice any additional charges for that delivery. Respondent is encouraged to obtain Customer's hours of operation at time of order. Control houses are delivered via Flatbed trailer and offloaded by crane. It is necessary to make delivery arrangements prior to shipment. Delivery Schedule: Respondent's shall furnish, in the space indicated on the Mandatory Price Sheet, a delivery schedule for each line item as to time required for delivery after receipt of order (ARO) under normal conditions. Delivery Days means calendar days, unless otherwise specified. Failure to state delivery time may disqualify Respondent. The City of Denton, at its sole option, may choose to negotiate delivery times. Delivery Delays: If delay is foreseen, Contractor shall give written notice to the City and must keep the City advised at all times of status of order. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes the City to purchase goods and services of this RFP elsewhere and charge any increased costs for the goods and services, including the cost of re-soliciting, to the S u p p 1 i e r. Failure to pay a damage assessment is cause for Contract cancellation and/or removaT of the Respondent from the City's authorized list of suppliers. Compliant Products: Providing products or materials which do not meet all specification requirements does not constitute delivery. Delivery does not occur until the Respondent delivers products or materials in full compliance with the specifcations to City's F.O.B. destination, unless delivery is specifically accepted, in whole or in part, by the City. City reserves the right to require new delivery or a refund in the event that materials or products not meeting specifications are discovered after payment has been made. Restocking Fee: The City may request that a Supplier accept return of inerchandise already delivered or that a Supplier cancel an order prior to delivery. If the return is required through no fault of the Supplier, the Supplier may request a reasonable restocking charge. The City may pay a restocking charge if the City determines that the charge is justifiable. As a guideline, such charges shall not exceed 10%. There shall be no fees charged for cancellation of an order prior to shipment by the Supplier. The Restocking fee is not applicable to this particular initiative. PAGE 11 OF RFP #5156 1. 2. 3 4. 5. 6. CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS Section II Procurement Process and Procedures SCHEDULE OF EVENTS The City of Denton reserves the right to change the dates indicated below: Solicitation Schedule: Issue RFP: Deadline for Submission of Questions Deadline for Submission of Proposal: Evaluate and rank initial results: Completion of Negotiations: Official Award: 1/7/2013 1/18/2013 at 2;00 PM Central Time 1/29/2013 at 2:00 PM Central Time 2/1/2013 2/8%2013 3/5/2013 The City of Denton is using the RFP `Issue Date' as noted in the Schedule of Events above as the official 30 day notification requirernent for an interview with a firm. NON-MANDATORY PRE-SUBIVIITTAL CONFERENCE There is no Pre-submittal conference for this RFP. PROPOSERS COST TO DEVELOP SUBMITTAL Respondents to this RFP are responsible for all costs of submittal preparation, delivery and any oral presentations required as part of the selection process. All materials submitted in response to the RFP become property of the City of Denton and will be returned only at the option of the City. MINIMUM RESPONSE Submittals that do not, at a rninimum, contain the information as specified under Section III and Ea�hibit 1 Pricing Sheet will be subject to disqualification at the sole discretion of the City of Denton. If any Firm submitting a Proposal is a corporation, it must be registered to conduct business in the State of Texas. Proof of this registration must be included as part of the submittal. VALIDITY PERIOD The information included in the solicitation response(s), and any cost information obtained from a negotiation process, remain valid for 90 days from the response due date or until the contract is approved by the governing body. REJECTION OF SUBMITTAL ANY PROPOSAL SUBNIITTED AFTER THE DUE DATE AND TIME SPECIFIED WITHIN SECTION III, SHALL BE REJECTED. THE CITY SHALL REJECT PAGE 12 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS PROPOSALS SUBMITTED BY FIRMS THAT DO NOT MEET 1��TIMUM QUALIFICATIONS. The City of Denton reserves the right to reject any and all submittals received in response to the RFP and to waive any minor technicalities or irregularities as determined to be in the best interest of the City. 7. PROPRIETARY INFORMATION If a Proposer does not desire proprietary information in the Proposal to be disclosed, the Proposer shall identify all proprietary information in the Proposal. This identification will be accomplished by individually marking each page or line item detail with the words "Proprietary Information". If the Proposer fails to identify proprietary information, the Proposer agrees that by submission of its Proposal, that those sections shall be deemed non-proprietary and made available upon public request. Proposers are advised that the City, to the extent permitted by law, will protect the confidentiality of all Proposals. Proposer shall consider the implications of the Texas Public Information Act, particularly after the RFP process has ceased and the Contract has been awarded. While there are provisions in the Texas Public Information Act to protect proprietary information, where the Proposer can meet certain evidentiary standards, please be advised that a determination on whether those standards have been met will not be decided by the City of Denton, but by the Office of the Attorney General of the State of Texas. In the event a request for public information is made, the City will notify the Proposer, who may then request an opinion from the Attorney General pursuant to 552.305, Texas Government Code. The City will not make a request of the Attorney General. 8. NON-ENDORSEMENT If a Proposal is accepted, the successful Proposer shall not issue any news releases or other statements pertaining to the award or servicing of the agreement that state or imply the City of Denton's endorsement of the successful Proposer's services. 9. UNAUTHORIZED COMMUNICATIONS After release of this solicitation, Proposer contact regarding this RFP with members of the RFP evaluation, interview or selection panels, employees of the City or ofiicials of the City other than the Purchasing Manager, or authorized City of Denton purchasing staff, or as otherwise indicated is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representative of the Proposer shall have any contact or discussion, verbal or written, with any members of the City Council, members of the RFP evaluation, interview, or selection panels, City staff or City's consultants, or directly or indirectly through others, seeking to influence any City Council member, City staff, or City's consultants regarding any matters pertaining to this solicitation, except as herein provided. If a representative of any Proposer violates the foregoing prohibition by contacting any of the above listed parties with who contact is not authorized, such contact may result in the Proposer being disqualified from the PAGE 13 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS procurement process. Any oral communications are considered unofficial and non- binding with regard to this RFP. 10. ADDENDIJMS Proposers are required to submit signed addendum acknowledgement(s) with their proposal. Proposers will be responsible for monitoring the City of Denton Purchasing Website. Please visit the Current Bids/Proposals page to ensure they have downloaded and signed all addendum(s) required for submission with their proposal. 11. CONTACT BETWEEN PROPOSER AND THE CITY OF DENTON Respondents shall direct all inquiries and communications concerning this RFP to the Point of Contact(s) listed below: of Denton Procurement Point of Contact: Karen E. Smith Senior Buyer 901-B Texas Street Denton, TX 76209 (940)349-7100 Fax: (940) 349-7302 karen. smithn,citvofdenton.com PAGE 14 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS SCCt10II III Submittal Requirements Proposals shall address the following criteria. For consideration, the prouosal must submit the minimum criteria noted below. Other information, if provided, shall be included as appendices at the back of the proposal. A firm may submit a solicitation response for one or more of the categories of services requested in this RFP. The City of Denton shall accept written submissions only, until (January 29, 2013 at 2:00 P1Vn. Firms shall submit one original copy signed by an officer authorized to bind the company, and 2 copies of the completed response to this solicitation in a sealed envelope. Additionally, the res�ondent shall provide a formatted CD(s) or memory drive, containing a co�nplete copy of the contractor's response to this solicitation, or subrnit electronically to ebids@cityofdenton.com. The format shall be in Microsoft Office format. Submit rip cin,� for requested services as provided in Exhibit 1. Priczng shall be provided in hard copy with the written subrytission, and also e-mailed in Excel to ebids(a�,cityofdenton.com before the proposal due date. The format shall be in Microsoft Word and Excel format only. Subrnittals shall include on the envelope and the cover sheet the following information: Request for Proposals (RFP) # 5156 - SUPPLY OF SUBSTATION CONTROL BUILDINGS Proposals may be hand delivered (by firm or express courier) to the address listed below; however, e-mailed only submittals will not be accepted. Additionally, no oral, telephone, telegraphic, or facsimile proposals will be accepted. Where solicitation responses are sent by mail or courier, the responsibility of tirnely delivery is the respondent's. Pages should be numbered and contain an organized, paginated table of contents corresponding to the section and page of the submittal. Appendices may be used for general firm information. The solicitation response shall be no more than 200 pages in length (excluding sample contracts, directories, and lists, etc.). All submittals, whether mailed or delivered by courier shall be sent to and received no later than (Januarv 29, 2013) at 2:00 u.m., Central Time at the following address: City of Denton Attention: Elton D. Brock, MBA, CTPM, CTCM, C.P.M. Purchasing and Materials Manager 901B Texas Street, Denton, TX 76209 940-349-7100 Written proposals must be submitted by 2:00 p.m. on the response due date. Anv proposal received after the date and/or hour set for proposal opening will be returned unouened. The City of Denton reserves the right to accept or reject in part or in whole any proposals submitted, and to waive technicalities of the submission, in the best interest of obtaining best value for the City. Each Contractor is responsible for taking the necessary steps to ensure their proposal is received by the date and time noted herein. The City is not responsible far missing, lost or late mail or any mail delays, internal or external, that may result in the proposal arriving after the set time. PAGE 15 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUSSTATION CONTROL BUILDiNGS Proposals shall include on the envelope and the cover sheet with the RFP number and name. 1. COVER SHEET Include Respondent Company name, contact information, RFP number and name. 2. BUSINESS OVERVIEW QUESTIONAIRE — ATTACHIV�NT C 3. RELEVANT EXPERIENCE �AND CAPABILITIES The responding individual or business shall provide pertinent information about the individual or business and related experience(s) with the requested products or services. Indicate what resources the individual or business will have available to allocate to the project. The xespondent must currently be licensed to perform work in the State of Texas. A copy of current licensing must be included in your proposal. Relevant experiences and capabilities of the individual or business team members and team as a whole will be rated by the City by a review of both completed and on-going assignments, years of relevant�experience in communities of comparable size, and credentials; greater weight will be given to project experience within the past five (5) years containing the team members proposed: a. Five (5) years experience with similar products or services, provide a description. b. A standard license or certification, if applicable. c. A defined level of industry knowledge and understanding d. The individual or business must be registered by the State of Texas or the County of Denton as a business and the must have all licensure required by the State to provide any services. e. The individual or business must disclose any business relationship that would have an effect, of a conflict of interest. A conflict of interest statement must be signed as part of the contract negotiated with the awardee(s). 4. DISCLOSURES a. Respondent shall detail any and all relevant history of litigation involving public projects. b. Respondent shall detail any and all exceptions within the proposal response. PAGE 16 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS 5. REFERENCES Respondent shall provide references including contact names, e-mail addresses and current, correct phone nurnbers of Firms or public entities for which you have performed similar professional services. Respondent shall cornplete Attachment F— References. 6. FEE STRUCUI2E — PRICING Submit pricing for requested products ar services as provided in EXhibit 1. Pricing shall be provided in hard copy and emailed in Excel to ebids�a cityofdenton.com before the proposal due date. 7. EQUIPMENT SCHEDULE — NOT APPLICABLE 8. SAFETY RECORD — NOT APPLICABLE 9. MANUFACTURER STANDARD WARRANTY Include a copy of the standard warranty for the products proposed. 10. EXCEPTIONS TO THE SPECIFICATIONS Any deviation from this speciiication must be noted in writing with the proposal. Alternate proposals that do not conform to this speciiication will be considered only at the owner's discretion. The owner reserves the right to evaluate exceptions and alternatives and to accept alternatives that may differ from the specification in tertns of specifics but, after examination, the owner determines that such alternatives meet the intent of the specification or offer enhanced benefits over what the specification required. The owner's decisions as to whether or not to evaluate exceptions and alternatives and whether or not the alternatives are acceptable shall be final and binding on all parties and not subject to challenge. 11. ADDITIONAL GENERAL REQUIREMENTS Prior to commencement of the services, the City and selected individual or business will conduct an initial meeting to review the overall scope, schedule, deliverables and planning process to implement a successful program. a. The awarded Contractor shall provide to the City of Denton, detailed reports of time and services provided to the City on a monthly basis. b. Staff available to assist the selected provider is lirnited; the proposals submitted should not anticipate extensive staff assistance during equipment repairs or maintenance. PAGE 17 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS Section IV Evaluation and Award EVALUATION PROCEDiTRES Selection of a Firm(s) to provide the aforementioned services will be in accordance with the City of Denton Purchasing Policies and procedures and the State of Texas Local Government Code 252.043. The City of Denton shall open all proposals and evaluate each respondent in accordance to the below criteria: Step 1: The City of Denton will evaluate the Proposal submission in accordance with the selection criteria and will rank the Firms on the basis of the submittals. The City of Denton, reserves the right to consider information obtained in addition to the data submitted in the Proposal. The selection criterion is listed below: a) Indicators of Probable Performance under contract (FACTOR: 25 %). Indicators of probable performance under the eontract to include: past vendor performance, financial resources and ability to perform, experience or demonstrated capability and responsibility, references, and the vendor's ability to provide reliable maintenance agreements and support. b) Proposal Quality (FACTOR 10%) The quality of the submitted proposals, including completion, acceptance of the City's Standard Terms and Conditions, or acceptance of exceptions by the City of Denton. c) Delivery Timeframe (FACTOR: 15%). The delivery time frame for goods after receipt of order (A.R.0) d) Price, Total Cost of Ownership (FACTOR: 50°/a). The price of the items that may include total cost of ownership, such as installation costs, life cycle costs, and warranty provisions. In addition to the above factors, others that can be utilized as stated within Local Government Code 252.043 are: (1) the extent to which the goods or services meet the City's needs, (2}the impact on the ability of the City to comply with the laws and rules related to contracting with historically underutilized businesses and non-profit organizations employing persons with disabilities, (3) the long term cost to the City to PAGE 18 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS acquire the respondents' goods and services, and (4) any relevant criteria specifically listed in the solicitation by the City. The total possible score of the proposals shall be scored and weighted as indicated in Section IV, Step 1 items a- d. Based on the outcome of the computations performed, each proposal will be assigned a raw scare. The assigned weight will then be applied to these scores to calculate an overall score for each proposal for completion of the final scoring process. The proposals shall be evaluated utilizing standard tools, based upon the weighted factors above, and will be assigned a final score. The City of Denton will proceed to Step 2, with the Firm(s) that are considered within the competitive range and present an overall best value to the City of Denton. Step 2: After the fmal ranlcing of the proposals and determination of Firm(s) that provide a best value to the City and are within the competitive range, provided the City of Denton elects to proceed without oral discussions, the City will immediately proceed to negotiate final pricing, terms and conditions with the highest ranked Firm or Firms. The City of Denton rnav elect to conduct oral discussions, request clarifications, and presentations concerning the project approach and ability to furnish the requirements, as part of the negotiation process. The City may elect to utilize a Best and Final negotiation phase to determine the Firm that provides the overall best value to the City. Step 3: The City of Denton Procurement Deparhnent shall provide a written recommendation to the City of Denton City Council, which represents "best value" and request authorization to proceed with contract execution for the proposed services. In accordance with Local Government Code 252.049; trade secrets and confidential information in competitive sealed bids are not open for public inspection. All proposals shall be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. A public opening will not be conducted with this process. THE AWARD PROCESS IS CONSIDERED OPEN AND ON-GOING UNTIL ALL FINAL NEGOTIATIONS HAVE CONCLUDED. After the contract has been awarded all proposals are open for public inspection and the unsuccessful respondent(s) may request a debriefing regarding their submittal. Please contact the City of Denton Materials Management staff to document the request for a debriefmg. A meeting with the _City of Denton Materials Managernent Staff and the using Department shall be provided in a timely manner PAGE 19 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS ► � �� L The City reserves the right to award by line item, section, or by entire proposal; whichever is most advantageous, or provides the "best value" to the City, unless denied by the offeror. 3. PREFERENCES Environmentally Preferable Purchasing Policy Texas Local Government Code, Sec. 271.907. VENDORS THAT MEET OR EXCEED AIR QUALITY STANDARDS. (a) In this section, "governmental agency" has the meaning assigned by Section 271.003. (b) This section applies only to a contract to be performed, wholly or partly, in a nonattainment area or in an affected county, as. those terms are defined by Section 386.001, Health and Safety Code. (c) A governmental agency procuring goods or services may: (1) give preference to goods or services of a vendor that demonstrates that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality; or (1) require that a vendor demonstrate that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality. (d) The preference may be given only if the cost to the governmental agency for the goods or services would not exceed 105 percent of the cost of the goods or services provided by a vendor who does not meet the standards. The cost may not exceed $100,000. This provision shall comply with City of Denton Resolution R2007-032. PAGE 20 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS Section V Payment and Performance Requirements 1. PAYMENT AND INVOICES: All proposals shall specify terms and conditions of payment, which will be considered as part of, but not control, the award of proposals. City review, inspection, and processing procedures ordinarily require thirty (30) days after receipt of invoice, materials, or services. Proposals which call for payment before thirty (30) days frorn receipt of invoice, or cash discounts given on such payment, will be considered only if, in the opinion of the Purchasing Manager, the review, inspection, and processing procedures can be completed as specified. Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contract administrator. It is the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. Upon contract award, suppliers are encouraged to receive payments through direct deposit. Additional information regarding direct deposit payments is available at www.dentonpurchsasing. com. 2. TAX EXEMPTION: The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing work under this contract for the City of Denton may purchase materials and supplies and rent or lease equipment sales tax free. This is accomplished by issuing exemption certificates to suppliers. Certificates must comply with State Comptroller's ruling #95-0.07 and #95-0.09. PAGE 21 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS Section VI Standard Purchase Terms and Conditions 1: CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described in the Solicitation and in the Contractor'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. Z. 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. CONTRACTOR TO PACKAGE DELIVERABLES: The. Contractor 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 Contractor'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 Contractor shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of cornmon 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 Contractor 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. Provided however, where deliverables are shipped directly from a manufacturer to the City, whereby F.O.B. Shipping Point will apply 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 Coritractor'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. Transportafion and staging are included in the quoted price. Off-loading is quoted as an option. See Irby bid notes for details. 7. RIGHT OF INSPECTION AND REJECTION: 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, or PAGE 22 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL SUILDINGS the Supplier's manufacturer's, facilities, Supplier, premises, the Supplier shall furnish, or cause to be furnished, all reasonable facilities and assistance to the City to facilitate such inspection. 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 Contractor 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: SECTION DELETED 10. WORKFORCE SECTION DELETED 11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Contractor, 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 Contractor shall indemnify and hold the City harmless from and against all clairns, demands, suits, actions, judgrnents, fines, penalties and liability of every kind arising from the breach of the Contractor's obligations under this paragraph. Environmental Protection: The Respondent 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: [Mal<e changes per Irby to A. and B. — MSC] 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 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 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 invoice. C. 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. PAGE 23 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS 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 Ciry'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 speciiied 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 Contractor 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 Contractor 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 �'^N�� 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 contractors, which is not covered by insurance required to be provided by the Supplier; v. reasonable evidence that the Supplier's obligations will not be cornpleted within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or liquidated darnages for the anticipated delay; vi. failure of the Suppli�r 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. viii. — Supplier is to be notified in writing of any such withheld payments, including amount and specific and detailed basis for action, prior to any withholding event takes place. 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 no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer will be executed without prior agreement with the City and that Supplier cannot be directed to accept payment by credit card without applicable transaction fees applying. 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. T'he 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 Contractor. 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 ar inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. PAGE 24 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS 14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. Supplier must be noti�ed prior to travel and actual expenses and reimbursement can be negotiated at that time. 15. FINAL PAYMENT AlYD CLOSE-OUT: SECTION DELETED 16. 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. Such "special tooling equipment" incorporated by the manufacturer as part of their manufacturing process does not apply to this contract term. 17. RIGHT TO AUDIT: Buyer shall have the right to inspect and audit at all reasonable times, with scheduling for such events mutually agreed upon, Supplier's accounts and records pertaining to the Products and Supplier's performance under and compliance with the Order. Such right shall continue for a period of twenty-four (24) months following the delivery and acceptance of the Products by Buyer. Supplier shall attempt to the best of its ability to obtain a similar right to permit Buyer to inspect and audit the accounts and records of any subcontractor. Supplier is obligated to retain such accounts and records for at least twenty-four (24) months following the delivery and acceptance of the Products by Buyer. No third party audit and/or consultation iums wi11 be allowed audit rights for events and activity under this contract. 18. SUBCONTRACTORS: SECTION DELETED 19. WARRANTY — PRICE: Request for Proposals deals with a competitive matter and the "most favored nations clause" otherwise referenced in this section does not apply by agreement of the City and the Contractor. The pricing is specific to this response. 20. WARRANTY — TITLE: The Contractor 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 liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. 21. WARRANTY — DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City under the Contract shall 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 samples furnished by the Contractor, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. PAGE 25 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS A. Recycled deliverables shall be clearly identified as such. B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Contract, the warranty period shall be at least 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 Contractor shall promptly upon receipt of demand either repair the non-conforming deliverables, or replace the non-conforming deliverables with fully conforming deliverables, at the City's option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City's rights under this section. D. If the Contractar is unable or unwilling 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 Contractor, and purchase conforming deliverables from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate manufacturer's warranty, the Contractor shall transfer and assign such manufacturer's warranty to the City. If for any reason the manufacturer's warranty cannot be fully transferred to the City, the Contractor shall assist and cooperate with the City to the fullest extent to enforce such manufacturer's warranty for the benefit of the City. F. Provided however, all warranty terms, conditions and assignments under this proposal are of a pass-through nature due to the type of materials furnished by Supplier, from the Manufacturer through the Supplier to Buyer, and Buyer understands that. G. CONTRACTOR HEREBY DISCLAIMS AND EXCLUDES ANY AND ALL OTHER WARRANTIES REGARDING GOODS AND SERVICES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY NSAD FITNESS FOR A PARTICULAR PURPOSE. 22. WARRANTY — SERVICES: The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year frorn the Acceptance Date. If during the warranty period, one or rnore of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor 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. PAGE 26 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS' C. If the Contractor is unable or unwilling to perform its services in accardance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. D. Notwithstanding the foregoing provisions, note that "Services" are not applicable to this material supply/commodity RFP. In the event that any services are later proposed or required for this contract in the future, then any and all warranty conditions and terms will be mutually negotiated and established. 23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all reasonable claims, costs, losses and damages attributable to the City's evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by tlie Supplier. 24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other party's intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 25. STOP WORK NOTICE SECTION DELETED 26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) 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, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Contractor's Offer, or in any report or deliverable required to be submitted by the Contractor to the City. 27. TERNIINATION FOR CAUSE: In the event of a default by a Party, the other Party shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Contractor, within such ten (10) day period, cures such default, or provides evidence sufficient to prove to the other Party's reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the other Party shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the other Party as a result of the Contractor's default, including, without limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and post judgment interest at the ma�mum lawful rate. Additionally, in the event of a default by PAGE 27 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS either Party, the other Party may remove the terminated Party from the City's vendor list for three (3) years, and if the terminated Party is the Contractor, any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 2$. TERMINATION WITHOUT CAUSE: The City sha11 have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof, as well as, any applicable order cancellation, restocking or return fees, .assessed by Supplier's manufacturers, including if applicable, payment of full invoice price if the deliverables are considered in production and non- returnable by the manufacturer thereof. 29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. 30. DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Contractar 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 Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price and execute an amendment to the Contract. The Contractor 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. 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 cornpletion 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. Defmitions: 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 Contractor, 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 PAGE 28 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS limited to the agents, officers and employees of the City, the Contractor, the Contractor'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. TO THE EXTENT PROVIDED BY APPL• ICABLE LAW, EACH PARTY SHALL DEFEND (AT THEOPTION OF THE OTHER PARTY), INDEM1vIF3�, AND HOLD THE OTHER PARTY, 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 OTHER PARTY, OR THE OTHER PARTY'S AGENTS, EMPLOYEES OR SUBCONTR.ACTORS, IN THE PERFORMANCE OF THE OTHER PARTY'S OBLIGATIONS UNDER THE CONTRACT. PROVIDED HOWEVER, THAT THE FOREGOIONG INDEMNIFICATION OBLIGATIONS SHALL NOT APPLY TO ANY LIABILITIES TO THE EXTENT PROVEN TO BE CAUSED BY THE GROSS NEGLIGENCE OR WILFULL MISCONDUCT OF THE PARTY SEEHING INDEMNIFICATION; NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR TFIE CONTRACTOR (INCLUDING, BUT NOT LINIITED TO, THE RIGHT TO SEEK CONTRIBUTIOl� 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 Attachment A. The successful firm shall procure and maintain insurance of the types and in the minunum amounts acceptable to the City of Denton, such amounts to be specified in Attachment A, if applicable. 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 Contractor 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 Contractor 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 Cert�cate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor 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 Contractor 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 Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor. iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. v. The Contractor'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 PAGE 29 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL SUILDINGS accept workers' compensation coverage written by the Texas Workers' Compensation Insurance Fund. vi. All endorsements narning 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 901B 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 Ciiy and the Contractor, shall be considered primary coverage as applicable. viii. If insurance policies are not written for amounts agreed to with the Ciry, the Contractor 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 Contractor. �. The Contractor 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 Contractor 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 Contractor 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 Contractor. 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 Contractar which arises under or concerns the Contract, or which could have a material adverse affect on the Contractor's ability to perform thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City PAGE 30 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS 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 7620 L 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 rnail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified in the Contractor'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 Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code. 36. NO WARRANTY SY CITY AGAINST INFRINGEMENTS: The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables. Supplier shall transfer ar pass-through to the City the benefit of all manufacturer's warranties, and indemnities against infringement of patents, trademarks, trade secrets, or any other intellectual property rights of any kind of any third party. 37. CONFIDENTIALITY: In order to provide the deliverables to the City, each Party may require access to certain of the other Party's and/or its licensors' confidential information (including inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which such other Party or its licensors consider confidential (collectively, "Confidential Information"). Each Party acknowledges and agrees that the Confidential Information is the valuable property of the other Party and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the other Party and/or its licensor.s. Each Party (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the other Pariy, or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Party promptly notifies the other Party before disclosing such information so as to permit the other Party reasonable time to seek an appropriate protective order. Each Party agrees to use protective measures no less stringent than the Party uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. PAGE 31 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS 38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. 39. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 40. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior consent, the fact that the City has entered into the Contract, except to the extent required by law. 41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fde established commercial or selling agencies maintained by the Contractor for the purpose of securing business. Far breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Contractar, or otherwise recover, the full arnount of such commission, percentage, brokerage or contingent fee. 42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the Ciry of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this 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 Contractor in providing such gratuities. 43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected ofiicial of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any willful violation of this section shall constitute impropriety in office, and any officer or ernployee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City's Conflict of Interest Questionnaire (Attachment G). 44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer/ernployee relationship, a partnership, or a joint venture. The Contractor's services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, warker's compensation, ar any other City employee benefit. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall PAGE 32 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUII.DINGS perform the services hereunder according to the attached specifications at the general direction of the Ciry Manager of the City of Denton, Texas, or his designee under this agreement. 45. ASSIGNMENT-DELEGATION: The Contract shall be bind'mg upon and inure to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it 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 Contractor 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 Contractor invoice, order or other docurnent 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 imal, complete and exclusive statement of the terrns 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, tkey 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 PAGE 33 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS skills to assist with resolution of the dispute. Should they choose this option; the City and the Contractor 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 rnatter 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 Contractor 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. JiJRISDICTION 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 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 beiween 5:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any PAGE 34 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUSSTATION CONTROL BUILDINGS 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 DEBAI2IVIENT 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 AM��RICAN ACT-SUPPLIES (Applicable to certain federally funded requirements) To the extent that materials meeting the City's specifications can be sourced as a"Domestic End- Product" the following federally funded requirements are applicable, in addition to the speciiic federally funded requirements detailed in Attachment C. A. Definitions. As used in this paragraph — i. "Component" means an article, material, or supply incorparated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Contractor, 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 Contractor, 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 (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 sufiicient 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. PAGE 35 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS 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 oth�r 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 Contractor 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". E. Contractor is a material supplier in this response to RFP and in conjunction with the approval standards set for by the City as part of this initiative, Contractor cannot be held to a Buy American Act if the City presents a contradicting material speci�cation for bid. 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all 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 F'EES OR TAXES: Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the respondent. 59. PREVAILING WAGE RATES: SECTION DELETED 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 Respondent must comply with all applicable laws at all times, including, without lirnitation, 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 beneiits to public servants. The Respondent 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: Respondent 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. Respondent is responsible for both federal and State unemployment insurance coverage and standard Workers' Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirejnents. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. PAGE 36 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS 62. DRUG FREE WOItKPLACE: The contractor 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 fmal rule, government-wide requirements for drug-free work place (grants), issued by the Ofiice 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 incorparated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 64. FORCE MAJEURE: "Force Majeure" any act or circumstance, or combination of events or cucumstances that arises after the date hereof, that is beyond the reasonable control of a party or its suppliers, is unavoidable or could not be prevented or overcome by the reasonable efforts and due diligence of such party or its suppliers and has an impact which will actually, demonstrably, adversely, and materially affect such party s ability to perform its obligations (other than its payinent obligations) in accordance with the terms of the Contract. In the event of an occurrence under tl�is Section, the party will be excused from any fitrther performance or observance of the requirements so affected for as long as such circumstances prevail and the party continues to use cominercially reasonable efforts to recommence performance or observaiice whenever and to whatever extent possible without delay. The party so affected shall immediately notify the other party by telephone (to be conf'irmed in writing within five calendar days of the inception of such occurrence) and describe at a reasonable level of detail causing the non-perfot�rnance 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 rernedy 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 Respondent shall retain all iinancial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shall retain all such records for a period of two (2) yea�s after PAGE 37 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS 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 Respondent shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditar of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. ATTACHMENT C BUSINESS OVERVIEW QUESTIONNAIRE AND FORMS 1. Supplier Name: Stuart C. Irby Company 2. Address (Principal Place of Business): 7125 Belton Street, Ft, Worth, Texas, 76118 3. Does your company have an established physical presence in the State of Texas, or the City of Denton? Irby Response: YES 4. 'Tax Payer ID#: 64-0179020 5. Email Address of Primary contact: Russell Jarnes, Inside SalesAssociate: james@irby.com 6. Website Address: www.irby.com 7. Telephone: Russell Ja�nes (Di�ect Offzce Line): (817) 321-4011 8. Fax: Ft Worth Office: (817) 284-7793 9. Other Locations: Irby Response: 10. Organization Class: Irby Response: Fi�ivately Held Corporation Partnership Individual Corporation Association 11. Date Established: (Irby Response: 1926) 12. Former Business Name: Not Applicable 13. Date of Dissolution: NotApplicable 14. Subsidiary o£ Irby Response: Irby is a operating business for Sonepar, US, corporately headquartered in Philadelphia, PA 15. Historically Underutilized Business: Yes or No Irby Response: No 16. Principals and OfFcers: (Irby Response: Primary Officers that associate to cornpa�cy utility ope�ations are as follow: PAGE 38 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS 17. Key Personnel and Responsibilities: 18. Number of Personnel by Discipline: Discipline Number of Staff # Registered Irby Response: Irby employs as a company 890 associates in the departmental areas of SaCes, Operations, Fznar�ce (Credit and Accountin�, Human Resouces, In, forrnatio� Technology and CorporateAdministration and Operations. Further details are available if needed and upon request. 19. Has your cornpany 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 where Owner was involved. (Ir�by Response: No) 20. Please provide at least (3) three references (preferably municipalities) and contract amounts. Include project description, contact names, position, and organization name and telephone number for each reference listed. See attachment F. (See attachment F) PAGE 39 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUSSTATION CONTROL BUILDINGS 21. 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. (Irby Answe�: No) 22. Have you ever had a contract terminated by the Owner? If so, where and why? Give name and telephone number (s) of Owner (s). (Irby Answer: No) 23. 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? http://www.osha.�ov/pls/oshaweb/owasrch.search form?� doc type=STANDARDS&p toc. level=l &p keyvalue=1926 (Irby Ar�swer: As a Material Supplier, Irby maintains all necessary and appropriate Employee Health and Safety requiremenis, inclusive of u cnrporate progra�sc that monitors and documents activity; training and perform�cnce. Further information ccrn be matle avazluble if needed and upon request.) PAGE 40 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS ATTACHMENT F 12EFERENCES Please list three (3) UtiliTy 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 proposal. REFERENCE ONE GOVERNMENT/COMPANY NANIE: G4RLrlrljD POWER & LIGHT LOCATION: GARLAlUD,T�I' CONTACT PERSON AND TITLE: G�IRYHOLCOLNIB- PURCHASING NIANAGER T`ELEPHONE NUMBER:972-205-3400 SCOPE OF WORK: CONTRACT PERIOD: � , REFERENCE TWO GOVERNMENT/COMPANY NAME: CITY OF WF�ITHERFORD LOCATION: YY�ATHERFORD,TX CONTACT PERSON AND TITLE: TO1LI�11YPATTERSON TELEPHONE N U1V�ER: 817-598-4252 SCOPE OF WORK: CONTRACT PERIOD: REFERENCE THREE GOVERNMENT/COMI'ANYNAME: CITYOFSAIVGER LOCATION: SANGER,T_X CONTACT PERSON AND TTTLE: MIIiE PRATER T'ELEPHONE N UMBER: 940-458-2064 SCOPE OF WORK: CONTRACT PERIOD: PAGE 41 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS ATTACHMENT G CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other erson doin business with local overnmental enti 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 person Date Received who has a business relationship as defined by Section 176.001(1-a) with a local governmental entiTy and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administratar 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 Govemment Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2 ❑ Check this box if you are filing an update ta a previously filed questionnaire. � (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7`h 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. Name of OfFcer 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? � Yes 0 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? � Yes 0 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? 0 Yes 0 No D. Describe each affiliation or business relationship. 4 Signature of person doing business with the governmental entity Date PAGE 42 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS ATTACHMENT H DISADVANTAGED BUSINESS UTILIZATION The City of Denton will ensure that purchases of equipment, materials, supplies, and /or services comply with Texas Local Government Code 252.0215, in regards to competitive requirements in relation to Disadvantaged Business Enterprises (DBE). The City will ensure that all procurement opportunities are cost effective, and contributable to the competitiveness of the City, and its customers. All Procurement activities will be conducted in an open and fair manner with equal opportunity provided for all qualified parties. The City of Denton will provide equal contracting opportunities as provided by State and Federal law to small business enterprises, Historically Underutilized Businesses, and Disadvantaged Business Enterprises. The City of Denton encourages all awarded Contractors to seek qualification as a DBE and/or utilize DBE's as sub-contractors, where feasible, to meet the overall intent of the legislation. Disadvanta�ed Business Enterprises (DBE): are encouraged to participate in the City of Denton's procurernent process. The Purchasing Department will provide additional clarification of specifications, assistance with Proposal Forms, and further explanation of procurement procedures to those DBEs who request it. Representatives from DBE companies should identify themselves as such and submit a copy of the Certification. The City recognizes the certifications of the State of Texas Building and Procurement Comrr�ission HiJB Program. All companies seeking information concerning DBE certification are urged to contact. State of Texas HUB Program — TPASS Division PO Box 13047, Austin, TX 78711-3047 (512) 463-5872 or (888) 863-5881 or http://www.window.state.�.us/procurement/pro�/hub/ Instructions: If your company is already certifed, attach a copy of your certification to this form and return with the submission. If your company is not already certified, and could be considered as meeting certification requirements, please use the web link to obtain such. If you are submitting a response and plan to utilize DBE's, then use the form below to identify the business and include the business HUB certification. COMPANY NAME: REPRESENTATIVE: ADDRESS: CITY, STATE, ZIl': TELEPHONE NO. Indicate all that apply: FAX NO . Minority-Owned Business Enterprise Women-Owned Business Enterprise Disadvantaged Business Enterprise PAGE 43 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS ATTACHMENT I CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND THIS CONTRACT is made and entered into this day of A.D., 2012, by and between a corporation, whose address is , 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: SCOPE OF SERVICES Supplier shall provide products or services in accordance with the Supplier's proposal in response thereto, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit "D". The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Request for Proposal (RFP # ___) (b) City of Denton Standard Terms and Conditions (Exhibit "A") (c) Special Terms and Conditions (Exhibit `B") (d) Form CIQ — Conflict of Interest Questionnaire (Eghibit "C"). (e) 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." D �� v v PAGE 44 OF RFP #5156 CITY OF DENTON RFP FOR SUPPLY OF SUBSTATION CONTROL BUILDINGS IN WITNESS WI�REOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: Citv of Denton OWNER : ATTEST: (SEAL) CONTRACTOR N1AILING ADDRESS ' �_ � �� ,l 1: ' I�I_�:��l�lul.��l.� IC APPROVED AS TO FORM: AUTHORIZED SIGNATURE PRINTED NAME, TITLE (SEAL) ANITA BURGESS, CITY ATTORNEY PAGE 45 OF RFP #5156 ATTACHMENT J ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF DENTON The undersigned agrees this RFP becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the local conditions under which the � work is to be performed; sarisfied himself of the conditions of delivery, handling and storage of equipment and all other matters that may be incidental to the work, before submitting a proposal. _ The undersigned agrees, if this proposal is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Proposal wil] be ninety (90) calendar days unless a different period is noted. The undersigned affirms that they are duly authorized to execute this contract, that this RFP has not been prepared iri collusion with any other offeror, nor any employee of the City of Denton, and that the contents of this RFP have not been communicated to any other proposer or to any employee of the City of Denton priar to the official opening of this RFP. Respondent hereby assigns to the City any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et sea., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et sea. The undersigned affu�ns that they have read and do understand the specifications and any attachments contained in this RFP package. The undersigned agrees that the RFP posted on the website are the official specifications and shall not alter the electronic copy of the specifications and/ar pricing sheet (Exhibit 1), without clearly identifying changes. The undersigned understands they will be responsible for monitoring the City of Denton Purchasing Website at: http://www.citvofdenton.com/index.aspx?paee=397 to ensure they have downloaded and signed all addendum(s) required for submission with their proposal. Should a conflict arise befiween the PO, supplier terms, or contract; the terms and conditions set forth in this RFP shall prevail. I certify that I have made no willful misrepresentations in this Proposal Submission, nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this proposal will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected. NAME AND ADDRESS OF COMPANY: IRBY 7125 BELTON ST FT. WORTH, TX 76118 Tel. No.817-321-=1011 Emai1.JAMES@IRBY. COM PAGE 46 OF RFP #5156 Ai1TFIORIZED REPRESENTATIVE: Signature Date 10/16/12 Name R USSELL JAMES Title SALES Fax No.817-284-7743 E�ibit 2 Denton Municipal Electric City of Denton, Texas Technical Specification For Purchase of.• Substation Control Buildings RFP # 5156 I. PURPOSE The purpose of tYiis specification is to provide information necessary to allow prospective suppliers to prepare proposals to furnish completely assembled substation control buildings and deliver them to substation sites in Denton, Texas. Denton Municipal Electric (DME) is an electric utility owned by the City of Denton, Texas. The intent of this specification is to require fully integrated outdoor, climate controlled substation buildings that will house substation batteries, battery charger, SCADA components, protective relays, control devices and other associated equipment to make the buildings fully functional and having the features and capabilities as described in the this specification. Buildings are to be fully assembled and delivered to sites in Denton, Texas as designated by Denton Municipal Electric. Beyond the first project, the exact schedule for future projects has not been established. It is intended that one 56' building be purchased immediately upon completion of the approval process. This request for proposal is structured to obtain pricing for two sizes of buildings as a base price (nominally 56'L x 16'W x 14'H and 24'L x 14'W x 14'H) and shall include options for increasing or decreasing lengths in two foot increments. These buildings are intended to be fabricated as single units and be shipped fully assembled to the extent practical. The estimated annual building quantity is included; however, no guarantee for any order is given or intended, and the proposed agreement shall not require a minimum number of buildings to be purchased. The Owner has developed detailed layout and arrangement drawings that describe the buildings, features, and functionality desired. Detailed material and structural design shall be the responsibility of the manufacturer. These drawings are available for download via DME's FTP site upon submission of the non-disclosure agreement included in E�ibit 3. Printed 11" x 17" paper copies may be obtained from the City of Denton Purchasing Agent for a non-refundable fee of $100.00. DME will provide labor and equipment for unloading at the site, field assembly, and installation. The unit price of the control building sha11 include design, drawings, specified equipment, materials, and labor to furnish a fully assembled building that are functional as detailed in this specification and deliver FOB to the substation sites. A ten to twelve (10-12) week delivery is desired for the iirst building. The manufacturer's standard delivery will be acceptable for subsequent buildings. Technical questions, drawings, and transmittals shall be directed to: Mr. Chuck Sears OR Mr. Brent Heath, P.E. Denton Municipal Electric Denton Municipal Electric 1685 SpencerRoad 1685 Spencer�Road Page 1 of 22 Technical Specification for Substation Control Buildings RFP #5156 Denton, TX 76205 Phone: (940) 349-7111 Fax: (940) 349-7334 II. GENERAL SPECIFICATION SUMMARY Denton, TX 76205 Phone: (940) 349-7180 Faac: (940) 349-7334 E�ibit 2 The control buildings to be furnished under this specification shall include all the features and capabilities as specified herein and be designed for placement and operation in an outdoor electric utility substation. The buildings shall be of a prefabricated, modular type, self-contained, self- supporting, climate controlled, fully assembled and designed and fabricated to withstand the structural loads of transportation, placement, the north Texas climatological environment, and the installed equipment loadings. The building fabrication shall include weatherproof, insulated access doors manufactured into the outside walls with provisions for locking; protected upper and lower ventilation openings; interior lighting; GFCI protected 120 volt outlets; space heaters; and complete AC and DC panels and specified wiring. A manual transfer switch shall be provided to allow the building to be powered from two external sources far station power. Batteries, battery racks, battery chargers, DC manual transfer and external plug to connect a spare battery system shall be included. The owner will provide and install relay panels, control wiring, and RTU. All designs, features, devices, hardware, systems, and accessories necessary to make the buildings, and all systems or subsystems fully functional and capable of fulfilling the purposes indicated in the specification shall be provided whether or not they ha�e been specifically called out in the specification. The manufacturer shall provide foundation location requirements and foundation loadings. The Owner will provide foundation design. A. The buildings shall have the following minimum sizes, ratings, and features: 1. Basic Large Control Building: Building size: 56'L x 16'W x 14'H — 16' width is preferred (or the closest width to 16' allowable for shipping) Building grounding: Solid silver plated copper bus around the perimeter of the building interior and with at least two points for attachment to the station ground grid. The manufacturer shall extend the points for attachment of the ground bus to the station gound grid to the exterior of the building and secure. The Owner will use a NEMA 2-hole pad for connecting the ground grid conductors to the ground bus. Foundation loading and recommended pier locations Seismic data: Earthquake Probability Zone 1 Limiting dimensions: Shipping height and width restrictions Station batteries: One set NiCAD (nominal 125 VDC, ) Station battery charger: One 240 VAC / 125 VDC Building voltage: 120/240V, single phase AC Panels: Two 225 amp, 42 circuit DC Panels: Two 125VDC, 20 circuits and one 125VDC, 28 circuits 2. Basic Small Control Building: Building sizes: 24'L x 14'W x 14'H Page 2 of 22 Technical Specification for Substation Control Buildings E�ibit 2 RFP #5156 Building gounding: Solid silver plated copper bus around the perimeter of the building interior and with at least two points for attachment to the station ground grid. The manufacturer sha11 extend the points for attachment of the gound bus to the station ground grid to the exterior of the building and secure. The Owner will use a NEMA 2-hole, pad for connecting the ground gid conductars to the gound bus. Foundation loading and recommended pier locations Seismic data: Earthquake Probability Zone 1 Limiting dimensions: Shipping height and width restrictions Station batteries: One set NiCAD (nominal 125 VDC) Station battery charger: One 240 VAC / 125 VDC Building voltage: 120/240V, single phase AC Panels: Two 225 amp, 42 circuit DC Panels: Two 125VDC, 20 circuits and one 125VDC, 28 circuits Optional building configurations shall conform to this specification and its ratings adjusted accordingly. B. Items to be provided by the Owner: The owner will provide the following: 1. Design and construction of building foundations. 2. Unloading of buildings at the sites. (Manufacturer must provide weight and rigging information and must coordinate shipping with the owner's unloading arrangements.) 3. Assembly at the site in accordance with the accepted proposal items. 4. All protective relaying 5. Installation of field wiring for devices internal and e�ernal to the building that are not required to be provided by the manufacturer. III. SERVICE CONDITIONS A. Site Location: The service location far these buildings will be substation sites designated by Denton Municipal Electric in Denton, Texas. � B. Service Elevation: Appro�cimately 640 feet above sea level. C. Temperature: -20° F to 120° F. D. Available Fault Current: 20,000 amps Page 3 of 22 Technical Specification for Substation Control Buildings E�ibit 2 RFP #S 156 E. Other Considerations: Moderately humid climate with a range generally of 20 to 45 inches of rain per yeax making corrosion of unprotected steel surfaces a continuing problem; wind up to 125 mph; frequent thunderstorms with severe lightning generally occurring during the warmer months; an average of 300 days per year of sunshine with sufficient W radiation to cause deterioration of unprotected fiberglass or rubber products. IV. PROPOSALS A. Address and Proposal Submission Requirements: Address and submit proposals as indicated in the RFP. B. Due Date: Proposals are due to the City of Denton Purchasing Department not later than the time and date shown in the RFP. C. Cancellation: The City reserves the right to cancel the purchase of control buildings for a substation at any point prior to the start of the fabrication process. If the City awards the substation buildings proposal and subsequently must cancel the purchase, the City will reimburse the manufacturer for actual documented costs incurred up to the date of cancellation. These costs would typically include engineering, material handling, storage and price of materials that cannot be reused. All material that cannot be reused shall become the property of and be delivered to the City of Denton. D. Pricing: All control buildings and any other material shall be shipped FOB to Denton, Texas, to an address to be specified by the Owner, with freight prepaid and allowed as a part of the price. No separate freight charges will be accepted. E. Exceptions: Any deviation from this specification must be noted in writing with the proposal. Alternate proposals will be considered only at the owner's discretion. Where deviations are noted, the City reserves the right to accept a proposal containing such deviations provided that, in the sole opinion of the City, the deviation or deviations do not affect the overall capability of the item proposed to perfortn the function for which it is so intended. V. TERMS AND CONDITIONS A. Defznitions: The terms "owner", "utility", "purchaser", "Denton Municipal Electric", "DME", or "City of Denton" as used herein shall designate the City of Denton, Texas dba Denton Municipal Electric. 2. The terms "bidder", "vendor", "supplier", "seller", "distributor", "representative", "contractor", or "manufacturer" sha11 designate anyone submitting a proposal; and, subsequently, anyone to whom the contract is awarded. Page 4 of 22 Technical Speciiication for Substation Control Buildings E�ibit 2 RFP #5156 The term "engineer" shall be understood to refer to Denton Municipal Electric or its designated representative, hereafter referred to as DME. B. Detail Design: Detailed structural and electrical design is the responsibility of the supplier. All construction, clearances, spacing and performance must conform to ANSI, IEEE, ASTM, NEMA, NEC and the National Electrical Safety Code, whichever is more stringent. Greater clearances shall apply where specified C. Omissions or Errors: It is the intent of this specification to require the successful vendor to provide properly constructed, fully documented, complete, and fully functional control buildings with the features and capabilities as described in this specification. Further it is the intent of this specification to require that the buildings be fabricated, as a minimum, in accordance with all US standards that apply to substation control building manufacture and testing. Omission of any minor details from this specification, minor mistakes or typographical errors in text, or mistakes in attempting to reference standards or data in the standards shall not relieve the supplier from the responsibility to fiu�nish all material or equipment necessary to make the control buildings fully functional as described and intended herein. Every effort has been made to insure the accuracy and correctness of all drawings. It shall be the responsibility of the supplier to verify correctness and accuracy of drawings as a part of the proposal price. The owner will resolve problems brought to his attention, and revised drawings will be issued. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. D. Qualifications: The manufacturer of the buildings and equipment shall have produced similar equipment and designs for a minimum period of five years and must have completed at least ten units per year. Two items are required to demonstrate compliance with these requirements: 1) a general list of similar buildings completed within the past five years that includes at least the size of the buildings shipped, and the year of shipment; 2) a list of at least the five most recent buildings of a similar size and construction containing sunilar equipment with the same information as above plus company names along with contact names and phone numbers to serve as references. The qualification information shali be provided not later than with the proposal. Manufacturers may pre qualify. E. U.S. Material: Equipment and accessories furnished shall be from a reputable manufacturer currently engaged in production of such material within the United States of America. To the extent possible, materials and equipment (including components thereo fl furnished under these speciiications shall be produced, processed, manufactured, and assembled within the United States of America. All material and equipment, which must necessarily be of foreign manufacture, shall be clearly designated in the Proposal in the space provided for deviations and exceptions. F. Drawing and Document Identifications: A11 correspondence, shipping notices, drawings, specifications, engineering data, invoices, and other documents pertaining to the equipment and materials furnished under these specifications shall be identified by the owner's name (Denton Municipal Electric), the project name, and the date. Page 5 of 22 Technical Specification for Substation Control Buildings RFP #5156 G. Drawing, Construction, and Delivery Schedules: Exhibit 2 The supplier shall state in his proposal the schedule, in weeks after receipt of any purchase order (ARO) when foundation drawings will be provided, when approval and final drawings will be provided, when the control buildings will be scheduled for testing at the factory, and when the buildings will be delivered. The exact times for delivery of buildings will be arranged with the successful vendor after approval of a purchase agreement. H. Approval of Design: The owner shall be furnished with electronic files or two sets of approval drawings, equipment descriptive information, and any appropriate computations at or before the time stated in the proposal. The owner will return one set of drawings marked "approved" or "revise as noted" or "approved with changes noted." If changes are identified in the owner's review, a revised drawing submittal may be required, at the owner's option, to obtain final approval. Review of drawings by the owner will be with respect to general design and functionality, but shall not be construed to relieve the supplier from any responsibility ar liability for proper design, fabrication, compliance with the specifications, or for any errors that may have been contained in the shop drawings. Any changes in design or layout of material or equipment after the approval process must be brought to the specific attention of the owner for approval. The approval drawings shall provide information in sufficient detail to describe equipment function; location; dimensions; space needs for installation, repair, removal, and recommended clearances (e.g. from walls); the locations of interconnection points for attachment of the customer's wiring; etc. This information sha11 be used to complete the design of station components. The approval submittal shall include at least the following items: l. Plan and elevation drawings, building structural details, AC schematic drawings, DC schematic and control drawings, component drawings, and any other drawings necessary to completely describe the building, building systems, and all accessories. These drawings shall show detailed dimensions, locations of all components and devices, recommended clearances, any special foundation requirements, etc. 2. Shipping dimensions and weight and identification of all parts removed for shipment. 3. Dimensions to center of gravity on the unit as shipped (and assembled if different). 4. Base construction details showing size and location of all members. 5. Rating data. 6. Size, location, and interior layout of lighting and convenience outlets, batteries, battery charger, eyewash station, environrnental control devices (air conditioning, heaters and thermostat controls), external station power transfer switch, communication jacks and blocks, associated junction boxes and cabinets, etc. 7. Entrance areas for cables, station power secondary conductors, and control cables. 8. Foundation layout with recommended pier locations and foundation reactions for the substation buildings (may be provided prior to other approval drawings). 9. Descriptive literature for all other accessories and auxiliary equipment. I. Final Drawings and Instruction Books: No later than the scheduled final drawing date; the supplier shall furnish multiple sets of instruction books and final drawings. This shall include at�least the following: Page 6 of 22 Technical Specification for Substation Control Buildings E�ibit 2 RFP #5156 1. Three sets of all drawings. 2. Two sets of drawing data on computer data CD's with a hard copy list of all drawing titles and file names in AutoCAD "dwg" format. 3. Three complete copies of all instruction books, descriptive literature, and copies of all drawings (in common binders with index and dividers). 4. Three complete copies of maintenance instructions. Three complete copies of parts lists or renewal parts bulletins, including recommended spare part lists (in common binders). 6. Three copies of certified ratings, test plans, and test results. 7. One set of instruction books, descriptive literature, and drawings shall be shipped with the control building to be retained at the service site. J. Guarantee: The supplier shall guarantee that the buildings furnished shall be free from all defects in design, materials, warkmanship, and shall give the prescribed service under the intended operating conditions. The supplier shall also agree upon notice from the owner to promptly and without charge, and to the satisfaction of the owner, make such changes, replacements, corrections, etc., which may be required to make good all defects in design, materials, or performance developing in the control buildings and equipments under their intended use with proper care for the following minimum periods from the time the buildings axe first energized at their delivery locations: Building including air conditioning and heating systems: 60 months Batteries and charger: Per OEM but not less than 12 months The supplier assumes full responsibility for the control buildings and all equipment until it has been delivered undamaged onto the owner's designated site. The manufacturer shall respond to all issues within three davs of bein� notified when DME or its contractor discovers fabrication enors. g New Materials and Workmanship: Only new materials shall be used in fabrication of these buildings. Damaged or defective materials shall not be repaired and reused. No peening, caulking, or filling shall be permitted in ` repairing cracks, pinholes, or blowholes. Such defects in fabricated steel shall be repaired by chipping out welds to the bottom of the vee and re-welding. All material shall be documented as performing equal to or better than the specifications contained herein. L. Manufacturrng Climate: All facets of construction through coating and weatherproofng shall be performed indoors, protected from outdoor weather conditions. Construction prior to this stage out-of-doors is not acceptable. M. Manufacturing Inspection: The buildings and all other hardware shall be fully shop assembled (except for batteries) with all other devices that will actually be shipped to the owners site and fully tested at the facility of the supplier. The owner shall have the right to inspect the work on and materials for the buildings at all reasonable times. Such inspections shall be at no additional cost to the owner. Page 7 of 22 Technical Specification for Substation Control Buildings Exhibit 2 RFP #5156 Inspections, with or without comment, shall not relieve the supplier of the requirement for conformance to the specification nor shall they be construed as acceptance of work not in accordance with the intent of the specification. The owner shall have the right to observe final shop testing. The supplier shall provide adequate notice of intended test dates to allow for the owner's reasonable scheduling and tra�el planning. The owner will be responsible for his own expenses incurred in observing factory testing and inspection for one trip. The manufacturer shall pay all expenses in excess of the planned one trip if multiple visits are required or if an extended stay is necessary because of manufacturer related issues or defects. Factory assembly of the control buildings for shipping shall be as complete as possible, consistent with shipping limitations and protection of the equipment. Where size or other limitations prohibit the shipment of complete assemblies, the equipment shall be shop assembled, fitted, match marked, if appropriate, then dismantled for shipping. Bolts and small items will be boxed for shipment and the container marked with the contents. The proposal must state exactly what items will be removed for shipment. All openings for items removed for shipment shall be sealed to prevent entrance of water or other environmental contaminants and shall be appropriate to remain sealed and functional at the delivery site until the owner can complete reassembly. Preparation for shipping shall be such that the building and other contents will be protected from damage or marring during transit. Removed or unassembled items shall be packed and placed appropriately to protect themselves and other devices and surfaces from damage. Disconnected wiring shall be properly tagged and supported. N. Shipment and Delivery: 1. Delivery method and location: Buildings and any miscellaneous hardware purchased under this agreement shall be shipped by truck to the delivery location specified by DME. Proposals for rail shipment will not be accepted. All shipments shall be FOB to the destination in Denton, Texas with freight prepaid and allowed. 2. Shipments: It is desired that each building and its accessories be included in a single shipment to the service location site. The proposal shall state how the manufacturer normally ships buildings, contents, and accessories. Batteries, if purchased, shall be scheduled to arrive after the buildings. If other than small parts are to be shipped separately and in advance of the building, tHe owner reserves the right to add an evaluation amount to the proposal price to cover the cost of additional handling. No evaluation penalty will be assessed if other equipment items are shipped separately, or after the building is received. All items shipped separately shall be in boxes or crates clearly labeled with the contents. 3. Unloading.• DME wi11 furnish labor and equipment for off-loading of buildings and material at all sites and for field assembly, and installation. The manufacturer shall provide any special crane rigging ox spreader hardware necessary to safely unload the buildings at their sites. This hardware will be returned on the same truck that was used to deliver the building. 4. Delivery location: It is intended that each building and all its component parts be delivered FOB to the substation site designated by DNIE in Denton, Texas. The owner reserves the right to change the exact delivery location in Denton, Texas for each building up to the time for arrangement of shipment. No allowance will be made for cost differences resulting from any destination change. Page S of 22 Technical Specification for Substation Control Buildings E�iibit 2 RFP #5156 5. Notice of factory shipments: Because of the coordination necessary for unloading the buildings, the manufacturer shall provide notice of planned shipments 30 days in advance of the date. The manufacturer shall also provide notices 5 davs priar to the expected shipping date and on the actual shipping date. The truck driver or manufacturer shall provide notice on a normal City of Denton workday at least 24 hours prior to expected delivery. Contact Sam Bridges at (940) 390-6279 for notices of shipment. Secondary contact is Brad Gibbons at (940)-390-9359. - 6. Delays from failure to provide notice: Any delays that result from failure of the manufacturer. or driver to provide the required advance notice will be the responsibility of the supplier. Messages can be left 24 hours a day with the DME Operations Center dispatcher at 940-349-7000; however, leaving a message after normal work hours or on a weekend or a City of Denton holiday shall not constitute proper delivery notice. 7. Delivery times: Delivery of the control buildings will be accepted only between the hours of 8:30 am and 2:00 pm, Monday through Friday, egcluding holidays. The base proposal shall include the cost for the delivery truck to wait until DME unloads the building and any other hardware shipped with the building. 8. Damaged oY defective material or equipment: Freight that is obviously damaged on arrival will be refused. Any necessary action regarding replacement of materials or equipment delivered in unacceptable condition shall be the responsibility of the supplier. This includes concealed freight damage as well as items defective from the manufacturer. Upon notice from the owner, the supplier shall take immediate action to repair or replace any equipment found damaged during shipment. O. Payment: Payments will be made in accordance with information in the RFP. VI. DESIGN STANDARDS It shall be the manufacturer's responsibility to be knowledgeable of and construct the buildings in accordance with the latest revisions of all applicable USA standards, codes, and practices. In the event that the owner, in this specification, has omitted or incorrectly referenced a standard, a requirement, a test, or a test value contained in a standard, such an error shall not relieve the manufacturer of the requirement to comply with the standard or to perform tests properly and in the manner prescribed in the applicable standard. The requirements in at least the following standards and codes shall be observed: A. International Building Code (IBC) B. American National Stahdards Institute (ANSI) C. American Society of Civil Engineers (ASCE) D. American Institute of Steel Construction (AISC) E. American Iron and Steellnstitute (AIS� F. Metal Building Manufacturers Association (MBMA) G. American Society for Testing and Material (ASTM) H. American Society of Heating, Refrigeration, and Air conditioning Engzneers (ASHRAE) I. National Electric Manufacturers Association (1VEMA) Page 9 of 22 Technical Specification for Substation Control Buildings E�ibit 2 RFP #5156 J. National Electric Code (1VEC) K. Steel Door Institute (SDI) L. Institute of Electrical and Electronics Engineers (IEEE) VII. BUILDING REQUIREMENTS A. Scope of Work The supplier shall furnish correctly designed and fully assembled outdoor buildings that are functional as detailed in this specification. Any drawings or other information attached hereto shall be considered part of this specification. The control buildings and associated equipment shall be complete and operable units. Drawings attached and the following sections of this specification describe the functions, features, arrangement, and other requirements for the control buildings. 2. The supplier sha11 provide a recommended foundation configuration and layout for each substation control building. This shall include foundation reactions and bearing weights. Average soil conditions may be assumed. The owner will provide the final foundation design. Foundations shall not interfere with building entrance conduits. 3. Provide factory assembly, production tests, and inspections as detailed in this specification. 4. Prepare the equipment for transportation to the jobsite so as to reasonably prevent the possibility of shipping damage and be responsible for shipment of the prepared buildings and contents to the designated point of delivery. 5. Supply all drawings, documentation, certifications, test results, and information detailed in this specification. B. Work not included: 1. Unloading of buildings and their components. 2. Field installation of the buildings and their components. 3. Field connection of incoming and outgoing cables and bus. 4. Field connection of internal or external control cables, wiring, or conduits for substation devices not part of the buildings or required in this specification. 5. Design, construction, or installation of protective relaying. C. Drawings and Plans: The buildings shall be arranged and featured in accordance with the owner's descriptive plans, and drawings and shall conform to these specifications. The manufacturer shall furnish, with each building, a set of drawings complete with a bill of material and showing: typical front views and open side views for each bay as well as typical components, their positions, and available space for cable ternunation; foundation drawings, foundation plan, and appropriate wiring diagrams. Drawings shall become the property of the owner. At least the following sha11 apply: 1. The manufacturer's drawings shall be composed of but not limited to the following: a. Bill of materials b. Master drawing index Page 10 of 22 Technical Specification for Substation Control Buildings E�ibit Z RFP #5156 c. Elevations (all sides, inside and out, sufficient to completely describe) d. Floor plan e. Base plan including mounting details, cable entry area, and door swing requirements f. Cross-section view of each different section g. AC diagram h. AC panel layout . i. DC panel layout j. Conduit entry/e�t locations k. Foundation plan 2. The manufacturer shall furnish a comprehensive instruction manual covering installation and operation of the various components. 3. Prior to fabrication, at least the following drawings and information shall be submitted to the owner far approval: a. Bill of materials b. Plans, elevations, and door details for the building c. Base plan including mounting details, cable entry area, and door swing requirements d. Cross-section view of each different section e. Electrical diagams. f. Proposed heating and cooling and other building systems that require approval 4. After the return of approval drawings or after any change made to previously approved drawings, the manufacturer shall submit a record copy of all corrected drawings. 5. After completion of the inspection and testing procedures the manufacturer shall submit a complete set of "as-built" drawings. These drawings shall function as a record of the final construction of the equipment at the time it left the factory. 6. Approval and final drawings shall be provided in either the 24" x 36" or the 11" x 17" format. Material lists may be on 81/2" x 11" paper. Two CD's (or sets of CD's) must be provided containing the digital files for the material lists and for all the final drawings. Drawings shall be in AutoCAD "dwg" format. 7. Each drawing prepared by the manufacturer shall show, at a minimum, a unique drawing name, a unique drawing number, date, revision level, substation name, purchase order number, and the manufacturers job number. D. Mandatory use of Certain Froducts: As shown by the drawings attached to this specification, the following products shall be used in the design and manufacture of the control building: Square D- AC and DC panels, breakers, and transfer switches Primag Technologies - Battery charger Konnext Terminal blocks Page 11 of 22 Technical Specification for Substation Control Buildings E�ibit 2 RFP #5156 E. General Building Requirement: The buildings sha11 be an outdoor, self-supporting, transportable, freestanding structure designed specifically to house systems and accessories as described herein. The building design shall give consideration to all relevant factors such as controlled access; tamper resistance; corrosion resistance; protection from ingress of rodents, insects, vermin, and weeds; safety and security; and the possibility of arcing faults within the enclosure. F. Design Supervision: All building and construction designs shall be accomplished under the auspices of a Professional Engineer (Civil / Structural). Drawings and supporting calculations will bear the Professional Engineers seal. G. Basic Construction 1. The buildings supplied shall be of inetal or other construction and shall be self-supporting and free-standing: All metal work shall be free of burrs and sharp edges. Elements may be connected by bolt, thread forming screws, welds or other forms of interlocking sections. Buildings constructed of other than metal must meet the same functional requirements in terms of strength, insulation, and other perfortnance factars. The building base shall be constructed of structural members sized by design structural calculations to meet or exceed code and standards requirements, loads specified herein, and reinforced to safely sustain the additional static and dynamic loads that will be imposed by environmental, lifting, and transporting impacts. Structural members shall be located to coordinate with the enclosed equipment so as to properly support the building and not conflict with any floar openings necessary for installation of control and power conduits and cables. 3. Maximum Deflection — The base shall be designed with base lifting lugs capable of lifting the fully equipped structure at the lifting points with deflection not to exceed L/240. A manufacturer's design may impose a more stringent deflection requirement. The lifting lugs must be removable after the building is placed or must not protrude from the building so as to pose an injury or tripping hazard. 4. Interior walls — Interior walls shall be capable of mounting and supporting 200 lbs / linear foot (100 ft-lbs of moment / torque) at any place along the perimeter wall space, with attachment to the interlocking ribs, or metal studs, located on 16" centers behind interior walls. 5. The steel floor plate shall be '/4" in thickness or greater and shall be stitch welded to the structural base assembly. 6. Floor Loading — the installed structure shall be capable of supporting a floor loading of 250 pounds per square foot. 7. Structure walls shall consist, as a minimum, of a formed, interlocked, self-framing outer wall of 18 gauge galvanized steel and an inner wall of 18 gauge galvanized steel. 8. Structure walls shall be insulated between the inner and outer walls to result in at least an R19 insulation rating. 9. Structure walls shall be able to withstand a wind loading of 125 miles per hour. 10. The ceiling and roof structure shall consist of two layers of formed interlocked panels, 18 gauge galvanized steel on the outside and 16 gauge galvanized steel on the inside. Page 12 of 22 Technical Specification for Subsfation Control Buildings Exhibit 2 RFP #5156 11. The ceiling and floor shall be insulated to achieve an insulation rating of R19. An option shall be stated for a roof system that achieves an insulation rating of R38. 12. Ceiling Loading — The ceiling shall be capable of withstanding a combination of the following: a. A minimum single continuous load of 100 lbs. per linear foot located at mid span of the ceiling panels, and running the entire building length. The ceiling panels shall act alone, structurally, and not depend on the roof or the interior equipment for support. � b. Any additional equipment designated as supported from the ceiling such as HVAC equipment or cable tray if specified on the drawing. 13. Roof Loading — The roof shall be capable of withstanding a minimum live load of 40 pounds per square foot. 14. It shall be the manufacturer's responsibility to coordinate all necessary alignments and interconnections between the building's component sections and to complete installation of a11 specified items. The entire assembly must be electrically and mechanically complete prior to final inspection and shipment. 15. The building with all parts and accessories shall be shipped complete without missing components unless specifically waived in writing by the owner. 16. Welding — A11 welding shall be performed by AWS qualified personnel. H. Base Base members shall be ASTM A572 wide flange, ASTM A36 channel, angle and tube shapes forming a self-supporting grid. All members sha11 be continuously welded to adjoining members. l. All perimeter base members shall be a minimum of 12" deep. 2. Each shipping piece shall be designed for lifting by lugs located along the base perimeter members. 3. All lifting lugs shall be removable. 4. All shipping splits and other penetrations shall have adequate structural reinforcement via rigid frames or other means to minirnize distortion during handling and transportation. I. Floor Floor shall be '/4" (minimum) thickness flat steel plate, welded to all longitudinal and transverse base members. Floor plate seams shall be continuously welded at all joints, and ground smooth to minimize visibility of seams. Welding of floor plate shall be staged to produce a flat and ripple free surface. J. Exterior Walls Walls shall be 18ga (minimum) G90 pre-galvanized sheet steel interlocking panels formed by computer numerical controlled equipment to create a tightly interlocking panel design, nominally 3" deep. Interlocking panel ribs shall repeat at a rypical maYimum nominal dimension of 16". Following assembly (and coating) of all interlocking wall panels, each exterior seam shall be neatly caulked using a high-modulus, silicone base product. Page 13 of 22 Technical Specification for Substation Control Buildings Exhibit 2 RFP #5156 K. Roof Roof material shall be 18ga (minimum) G90 pre-galvanized sheet steel interlocking panels formed by computer numerical controlled equipment to create a tightly interlocking panel design with vertical standing ribs. 1. The entire roof perimeter shall be trimmed with a fascia that aesthetically hides the standing rib roof edges, prevents high velocity rainwater run-off, and prevents built-up ice from sliding off the roof in large sheets. 2. The roof slope sha11 be %z":12" minimum for drainage and to prevent ponding. Z. Interior Walls Interior walls shall be 18 gauge (minimum) G90 pre-galvanized sheet steel firmly attached to interlocking ribs of exterior wall panels utilizing ASTM sheax and pull out rated self tapping screws on 24" maximum centers. Each interior wall panel shall be formed to receive adjacent panels at overlaps. M. Ceiling Ceiling panels shall be 18ga (minimum) G90 pre-galvanized sheet steel interlocking panels formed by computer numerical controlled equipment to create a tightly interlocking panel design with vertical standing ribs. N. Shipping Splits (If Required with Approval of the Owner) 1. Shipping splits are to be kept to a minimum considering the following restrictions 2. At shipping splits (when required due to transportation restrictions), each open area shall be sealed with 2" thick wooden framing and a complete plywood cover for temporary protection during transportation and setting. Seams in plywood shall be liberally caulked at the e�erior. O. Personnel Access Doors: Personnel access doors to the interior of the buildings are required and are to be located as shown on the drawings. Doors shall be of a heavy duty, steel, insulated type and sha11 be hinged as indicated on the drawings. The doors are to swing out and shall be specifically designed to be weatherproof in such applications. Doors shall have a 12" x 12" safety glass window. The personnel doors shall be supplied with Schlage locks and horizontal type panic hardware keyed to match all the owner's other substation control buildings. Handle type panic hardware is not acceptable. All personnel doors shall conform to the latest version of the Steel Door Institute. Personnel Doors shall be equipped as follows: 1. Panic hardwaxe- thumb latch w/ keyed cylinder lock, button type aluminum. 2. Closer with stopping arm 3. Wind safety chain 4. Drip shield 5. Aluminum threshold 6. Factory frame 7. Caps in top 8. Weather stripping Page 14 of 22 Technical Specification for Substation Control Buildings Exhibit 2 ! RFP #5156 � i 9. Stainless steel hinges 10. R2.4 thermal resistance rating 11. Fire resistance rating and label (1.5 hour m'vumum rating) P. Pull Box Access Doors Pull box access doors (UP TO 42" WIDE) in exterior walls manufactured from 12ga G90 pre-galvanized steel equipped as follows. 1. NEMA 3R rating 2. Stainless steel continuous piano type hinge 3. Stainless steel padlockable vault handle w/ (3)-point latching system 4. , Full gasketting & drip shield 5. Hold open device 6. 1" urethane board (R7.2) 7. Metal inner skin over insulation welded to door Q. Electrical Utilities 1. All utilities shall be functionally tested prior to completion. 2. Interior Conduit — Exposed EMT Conduit as required by NEC. a. '/a" Standard ('/z" minimum allowed only when required for access to small junetion boxes) b. Must meet the requirements of ANSI C80.3 c. For large volumes of wiring ladder type aluminum cable tray and/or wireway shall be employed. The drawings show the minimum required layout. 3. Exteriar Conduit — Exposed Rigid Galvanized Conduit as required by NEC. a. 3/4" Standard ('/z" minimum allowed only when required for access to small junction boxes) b. Must meet the requirements of ANSI C80.1 4. Fluorescent Interior Light shall be 4' x 2 Lamp x 32W, 120V 50/60Hz and shall include following features: a. Electronic Ballast 120-277V 50/60HZ 0° rated b. Wrap Around c. Surface Mount d. Power Circuit -120V, 1 Phase 20A 5. Combination Emergency Light and Exit Signs shall be located near each personnel door and shall include following features: a. Power Rating 15W b. AC Input Voltage 120/277 Volts c. DC Output Voltage 6 Volts Page 15 of 22 Technical Specification for Substation Control Buildings Exhibit 2 RFP #5156 d. Lead Calcium Battery e. Lamp LED / Color Red £ 21.75"L x 10.25"H x 4.75"D g. Power Circuit - 120V, 1 Phase 20A 6. E�erior Light, Wallpack 70W HPS Exceline XLW70NLXI,PCB-1 located near each personnel door. These fixtures shall be switched and have the following features. a. With Internal Photo Cell (1 per system) b. Listings: UL 1572 listed for wet location. c. Power Circuit - 120V, 1 Phase 20A, Qty (1) d. Lead Calcium Battery 7. A 20A Light Switch shall be located near each personnel doar and each be wired with three-way switches. 8. Wire type- "THHN" a. Power wiring #12 AWG minimum (sized as required) b. HVAC Control wiring #18 AWG thermostat cable 9. AC distribution panels a. 225A main breaker b. 120/240V, 1 Phase, 3 wire c. l OkAIC rated w/ Aluminum Bus d. 42 circuit bolt on breakers e. Surface mount f. Branch circuit breakers in accordance with attached panel schedule. R. Building Grounding 1. External ground pads: Two copper ground pads shall be welded to the exterior of the structural base at opposite corners of the buildings to serve as points for attaching the buildings to the substation ground grid. These pads shall be drilled and tapped to allow attachment. of a standard NEMA two-hole pad (1/2" X 13 thread holes, 1.75" GC). Silicon bronze bolts, flat washers, and lock washers sha11 be included for the grounding pads. The owner will provide the connectors to attach the ground grid conductors. 2. Interior ground bus: A continuous silver coated, copper ground bus shall be installed around the interior perimeter of the buildings. This ground bus shall be a minimum size of '/a" x 2" and shall include extensions to the floor on the interior and through the wall (or floor) at locations near the base ground pads. The ground bus shall be configured and punched to allow a NEMA two-hole pad connector to be attached on the outside of the buildings and shall be tinned to a point at least 1" beyond where the end of the connector will be when installed. S. Heating and Air Conditioning Complete HVAC calculations shall be submitted with approval drawings for review. Page 16 of 22 Technical Specification for Substation Control Buildings E�iibit 2 RFP #5156 Air conditioning: The manufacturer shall provide dual, full capacity air conditioning units for the buildings. Cooling capacity of each unit shall be sufficient to maintain 70° F(or lower) inside the building at a temperature of 115° F outside with 80% relative humidity. Heat calculations shall take into account the heat load added by the internal equipment and assuming that the lighting is on and that the building is occupied by two worlanen. Window type air conditioning units sha11 not be used. Self-contained units shall be used unless some other method is approved by the owner. Filters shall be accessible from floor level. Heat pumps are not acceptable. Units shall be centrally and thermostatically controlled and shall have a minimum SEER value rating of 14. Air conditioning systems sha11 be warranted for a minimum period of 60 months. Heating: Building primary heating shall be by electric resistance heat type forced air, ceiling mounted unit heaters, baseboard heaters or a combination of both. The heating system shall be controlled by the thermostat system. The heating capacity of the system shall be adequate to maintain an interior temperature of 75° F with an outside temperature of —20° F, neglecting the sun and any other sources of heat in the building. The heating shall provide sufficient redundancy such that the temperature will be maintained even if the largest capaciiy heater is lost. 3. Automatic conirol: Heating and air conditioning shall be controlled by an automatic temperature control system. The system shall maintain the set heating and cooling temperatures to within two degrees with a dead band between heating and cooling. It shall automatically switch between heating and cooling. The owner shall have the option of selecting either air conditioning unit as primary or operating both simultaneously. The system shall automatically start the second system should the primary unit not be capable of maintaining within approximately 5° of the set temperature. The system shall provide dry contact alarms should the heating or air conditioning systems fail to operate properly. The owner sha11 have opportunity to approve the features of the environmental control system. 4. Metal canopies shall be provided above each wall-mounted AC unit that extends at least 2" beyond the perimeter of the units. The canopies shall attach under a sealed weather shed such that no field sealing is necessary after installation. Bolts for attachment shall be under the weather shed or under the canopy. T. Coating System All coatings shall be high performance / low maintenance type and shall be applied inside an environmentally controlled (air quality, temperature and humidity) paint booth with ventilation and filtration provisions in full EPA compliance and in accordance with the coating manufacturer's requirements. Coating performed in outside, ambient air conditions shall not be acceptable. 1. Finish of Walls, Ceiling, and Roof a. Surfaces that will be inaccessible after assembly shall be protected for the life of the assembly. b. All steel surfaces are to receive a protective coating and shall be cleaned according to the type of finish being applied. c. The coating process shall be an electrostatically applied polyester powder with a final baked on average thickness between 2.0 and 4.0 mils. d. The interior and exterior finish colors shall be white. Page 17 of 22 Technical Specification for Substation Control Buildings _ E�ibit 2 RFP #5156 e. The finish shall have a minimum pencil hardness of 2H as tested by ASTM D3363. £ The iuush shall pass the ASTM B 117 salt spray test for a minimum of 1000 hours. g. The finish shall pass impact testing per ASTM D2794 with minimum values of 160 in-lb. for direct impact and 120 in-lb. for reverse impact. 2. Finish of Structural Base Assembly a. The base assembly shall be git bTasted prior to finishing. b. The grit blast process shall comply with Commercial Blast Standard SSPC-6 as published by AISC. c. Solvent cleaning is unacceptable. d. An undercoat shall be applied to the entire base using an industrial grade, high solid, and high build epo�ry. This undercoat shall be a minimum of 4 mils. e. All structural elements including channels and angles sha11 be calked to seal gaps and spaces. £ An additional4 mil undercoat shall be applied to the bottom of the base assembly. g. The sides of the base assembly shall be finished using polyurethane paint to a minimum thickness of 2 mils. 3. HVAC units All wall mounted HVAC units shall be painted the same color as the exterior walls. U. Building Electrical The manufacturer shall provide and install all required electrical components for the building. AC power tr^ansfer switch: A 200 ampere Square D manual transfer / disconnect switch shall be provided and connected to provide the ability to transfer between internal station power supply and an external AC source to be provided by the owner. The external power source will be used in the event the internal station power transformer becomes inoperable or for initial construction and maintenance , purposes. The transfer switch shall be connected to the AC panel and shall have conduit stubbed through the floor and capped ready for attachment to the external source. The switch shall have appropriate nameplates to identify the different switch positions and the AC source being provided. 2. AC panel.• The AC power panel shall be a Square D 200 amp, 42 circuit, 120/240 VAC, single-phase, 3-wire with equipment ground. Only Square D breakers shall be used. The Square D"Homeline" type of panel and breakers are not acceptable. Each circuit shall be marked, identified, and match the information provided in the AC panel layout drawings. The manufacturer shall provide and integate all the necessary wiring, connections, junction boxes, and raceways for AC panel with station AC power transfer switch. The AC Panel shall be equipped with circuit breakers in accordance with the attached panel schedules. 3. The manufacturer shall wire the AC circuits for the owner's equipment as indicated on the drawings 4. Lighting and Receptacles: The control buildings shall be furnished complete with factory- installed fluorescent lighting fixtures, bulbs, and three-way switches at each end of the building located at the door. A mesh type covered grating shall protect all florescent lighting fi�ures. The minimum maintained illumination level, in foot-candles, shall be at Page 18 of 22 Technical Specification for Substation Control Buildings E�ibit 2 RFP #5156 least 50 FC at the floor level. The two rows of lights shall be switched separately. Duplex convenience outlets as specified in the attached layout drawing shall be provided throughout the building interior unless NEC standards require a greater number. All outlets shall have GFI protection. 5. Emergency lighting: The control buildings shall be furnished with complete factory- installed emergency lighting. This lighting system shall provide immediate emergency light (for at least 30 minutes) upon failure of source power, and shall switch off automatically when power is restored. The emergency lights shall not be powered from the station battery. Emergency lighting shall be sufficient to provide personnel with safe access within the buildings and to allow personnel to operate controls. Emergency lights may be provided by using a combination EXITBmergency Light such as a Best Lighting Products Model # CXTEUIRW or equivalent over the building exits doors. Dual AC / DC florescent light fixtures may be used for this or a separate emergency light such as Best Lighting Products - Model # R-SHO or equivalent may be used. 6. Exterio� lighting.• Exterior lighting shall be as specified in Q.6. above. The owner must approve the type of ftxlure. 7. Alarm and Entry System Provision: A 4" conduit box and conduit to the cable tray shall be provide above and near each entry door for alarm and entry system wiring to be installed by the Owner. The Owner shall approve the locations. 8. Telephone jacks: Wall type telephone jack / mounting plates shall be provided and located as specified on the building layout drawing. No telephone wiring is required. Only conduit and telephone jacks must be installed. 9. DC panel: The DC power panel shall be Square D, suitable for 125 VDC applications using 2-pole breakers with interrupting ratings appropriate for the station batteries being provided. Each circuit shall be identified on the panel directory, and this directory shall match information provided in the DC panel layout and other drawings. The manufacturer shall provide and integrate all necessary wiring, connections, junction boxes, and raceways to terminate to the station battery system and to route DC power to locations that will be required to serve the owner-installed equipment and devices. The DC panel(s) sha11 be sized to provide the 2 pole, 125 VDC circuits according to the attached panel schedule. T! Station Batteries and Battery Charger Station batteries, battery racks and battery chargers shall be included for the control buildings. 1. Station Batteries: The manufacturer shall provide NiCad station control batteries far a DC control voltage of 125 VDC consisting of 92 cells (or the number of cells recommended by the battery manufacturer for a nominal 125 VDC system). A battery rack shall be included. The owner shall have the opportunity to approve the batteries, the rack, and the rack arrangement. The station batteries and connections shall conform to the following: a. The manufacturer sha11 provide a system capable of supporting a 3 amp continuous load for at least 8 hours. b. The station batteries shall be of monolite nickel cadmium construction. c. Batteries shall be sized with regards to 25°C (77°F) and an aging factor of 1.25. d. Load requirements shall be made by the manufacturer and submitted with the approval drawings verifying compliance. The batteries shall be 100 Ah minimum. Page 19 of 22 Technical Specification for Substation Control Buildings E�ibit 2 RFP #5156 e. Batteries shall be a manufacturer's standard offering with replacements readily available from a supplier or distributor that the owner could purchase from (e.g. not batteries only available to an OEM). f. Batteries shall be sized and designed to meet the requirements of IEEE standards 1106 and 1115 as well as EGSA 100B 2000 performance standards. g. Battery cases shall be resistant to shock, vibration, and impact by blunt or pointed objects. h. Battery cases shall be made of polypropylene welded, sealed construction. Gluing or bonded construction is not acceptable. Cases sha11 be 100% leak proof. i. Battery cases shall be translucent to allow for checking the electrolyte level. The ma�mum and minimum electrolyte level shall be permanently marked on two sides of each cell. The markings shall be in color that contrasts the cell container and shall be visible on the side of the battery that will face outward when placed on the rack. j. The manufacturer shall provide all necessary connection hardware, jumpers, lugs, junction boxes, raceways, and cables required to connect the batteries to the DC supplied panel. k. The manufacturer shall provide a test thermometer and any other items recommended by the manufacturer for monitoring and maintenance. 1. The manufacturer shall provide all installation, testing, and maintenance documentation. m. The battery rack shall be a freestanding steel rack with ASA#61 gray resistant epo�ry powder coating. The rails shall be covered with plastic insulators to insulate the rails from the cells. n. The rack may be a two or three step configuration to minimize the footprint and conserve building space, and facilitate battery servicing and ventilation. The owner must have opportunity to approve the layout with the approval drawings. o. The rack shall allow for removal of individual cells. p. The rack shall allow for viewing of the electrolyte level marking without moving of cells. q. The manufacturer shall provide an eye wash shower station; protective goggles, face shield, gloves, and apron; Class C fire extinguisher; and battery installation tools. 2. Battery charger: The battery charger supplied shall be a Primax Technologies P4500 series battery charger. The basic charger model number shall be a Primax model P4500TT-1-125- 25 which should indicate the inputs and outputs as listed under basic charger features below. The Primax standard metering, alarms and controls shall be included. The proposal sha11 state the base charger price with standard features and shall state option pricing for other items that the manufacturer recommends for the batteries supplied. The following is a listing of the minimum features and options: �- a. Basic charger inputs and outputs and minimum features: 240 VAC, single-phase input with breaker 125 VDC nominal output with breaker 25 amp DC output capability Simultaneous display of output voltage and current Operation as DC supply without battery Page 20 of 22 Technical Specification far Substation Control Buildings Exhibit 2 RFP #5156 Audible battery ground alarm High and low AC alarm b. Minimum charger option pricing to be provided: RS232 read/write interface with DNP-3 protocol Web page via local or dynamic II' address Remote equalize Remote shutdown Battery temperature alarm and shutdown High voltage shutdown Battery imbalance alarm Battery partial capacity tester Battery continuity tester Temperature compensation with battery temperature probe Remote metering 12 pulse rectiiication c. Mounting: Battery charger sball be mounted on horizontal runs of unistut attached to vertical runs of unistut mounted on the wall to allow for universal mounting. DC Manual Transfer Switch: A 200 ampere manual transfer / disconnect switch shall be provided and connected to provide the ability to transfer between the main building batteries and an external emergency battery set to be provided by the owner. The external power source will be used in the event the main battery system becomes unusable. The transfer switch shall be connected as shown on the DC distribution drawing. The switch shall have appropriate nameplates to identify the different switch positions and the source being provided. The alternate battery source shall be wired to a standard external outlet provided on the exterior of the building on the battery end of the building. The outlet and wiring shall be sized appropriately for the load. It is preferred that the outlet be recessed into the wall and accessed through a weatherproof cover with cord access. The Owner shall approve the outlet arrangements and location. W. Terminal Board Wall Supplier shall install a section of wall to mount terminal blocks and Panduit as shown in Appendix C. It shall be constructed of 3/4" plywood and be painted to match the building interior. Terminal blocks shall be panel mount, molded, one piece, phenolic, 12 circuit, 30 ampere; Konnext UA-12-KS-PM. Locate generally as shown on the building drawings, but the ultimate location shall be approved by the Owner. X. Material Non-Flammability All permanent components (other than the terminal mounting board) shall consist of materials that do not freely support combustion. Use of wood or any other materials that freely support combustion shall not be allowed as permanent components. Y. Spare Parts Supplier shall provide, on a separate schedule, an itemized list of recommended spare or replacement parts, suggested quantities, and prices for delivery with the control building. The owner will determine the quantities of spare parts that will be purchased. The supplier shall identify all spares and replacement parts that are supplied by a third party vendor and shall Page 21 of 22 Technical Specification for Substation Control Buildings Exhibit 2 RFP #5156 provide contact information for all third pariy vendors. The owner shall have the option of accepting, rejecting, or purchasing any or all items. List of Appendices: A. AC & DC Panel Schedules for the First Building B. Building Drawings C. Terminal Board Wall Drawing Page 22 of 22 EXHIBITC TECHI�ICAL DRAWINGS � T � � BIIILD MMpUNTiPnNSfOPNEP BULLDINGf/xPpOMWHlTMNSFqA�E9 1YOMOVAC,1080HZ xoal WAC, i0 eaX2 r� I I� I MAN� A� I I I I I I I I TMNSFER I I I I SWIILH I I� L J � I I II� GND III I I �- --- �--J I I III '�� II L- NOR� _ J I L-- "' -_J IMEqIOF UG1rtIUG CIRWII Hv�C UNrt M1 GRqIR BflEN�R900 � J� ID 9PEAIfERL � � � ]i SPAflf �r � SPAXE NEIIIML PANELBOARD ACP 120@40VAC,10,3W,BOHz 42 CIRCUIT, 200A MAIN BUS, 10k4 AUDRA AC PANEL DIAGRAM cwcuROESrnivnox FXIEPpR OVPIfl( FECEPTAIXES NOCRGN! 4rtEfUOR WH.IX HECEPiA6E CIRCIIfI tl2 NV�C �NR II3 COVfLR &1EPKERaBO M051t1 MOSM/ MOS<B1 MOSiBI qFIAY PANEL dIPLIX GIHLUR F�tw.US�F�N GATEM2 X 2 � y n T � iPI.NSFEP 'O � TOPnNeNOC� . ---- iOP� LOQ ]0{�--__ NL. ��__ }LIII L--- — ---J � � F }�,,. i I �� i :o}�. �o�{ ^r---------J i _ J 7ppµ�� NOTE: ;� �'��"� u� � •� ------ �°�°.'o ALL DC BREAKERS ARE 2-POLE. 125V BATTERV CHARGER �-7 imnica CIPG1rtOF5CPIYlIOU N�. ' 1 (� N0. nMPe CIRCUROESGIPTON BPFwItEH��olPVCwcun J� J� PpNEL�tOSEGON6iMRFL�TS I I ewe.�n�xomwcwwrtn .ti � ru�u.�msECONawrneuvs T Tc BPEUCEIi�]OIPWCYiNRpY i'� i'� ANF1At06EGONpqlt(qEUY6 � I 1 BPEAKfAMOIRIPLWL11RN3 iti .� FiM05[iANDMYPEUYS ; BPF.idcEli�501RRC0iCi1R i` i` NELXMIBELON�MVpE1wY5 I 1 BPEANEH�BOlP6CIPGURR3 N il iti 13 fi PANEL�505ECONWAYPFiAYS I 1 ePEnxEH�mmmcwcun iti � e�,eOSECONN.PVxEUre I 1 BPEANfA�BOIPWLbiL11Rp3 i� i\ f1�109ECONOMVPEUxe I 1 x /ti /l ELN06ECONOMYP6AY6 I 1 6PR iV J� paHE I 1 SPME i� J� ME I I �. �ti r� n� i i svne m �. �+. axe T i SP �� i� SPME DC PANELBOARD DC3 125VDC, 2W, 100 MAW . 28 CIRCUIT AUDRA DC PANEL DIAGRAM BPFAKEP � I O TRIP CIRCUR Xt m�,�n«otwrancuR� v�nKee�wiwvcincurtr� e�nKeenomivunwRr� Pu1E��mnFimMV aFUV6 PuFL110%UMARYflEL�L�YS 6PAHf SPME SVME DC PANELBOARD DC1 125VDC, 2W, 150 MA N 20 CIRCUIT u.w ce 15WT I-I DC PANELBOARD DC2 125VOC, 2W, 750 MAIN 20 CIRCUd ' ,, M�� SPAHE enilCAY Cnu+cEa R�11s%EH stM[n n� 1uVGC 6TAlpN &liIERV SYSTEM Clacul PPNl��lOPPIM�NVHfli.vS PPNEl100 PpIMnqY F9AT5 SP�FE SPnPE �wc &tilElY! 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Z � 1 m�� € � ; a,�,.J� °�` _ J �.-- —� I I ; � _� SECTION 2 FLOOR PLAN SCAI.E: 3/16"=1'-0" '- L � �W �,.m,� Wn M 1M Glbq' enn R1n111E PMJ( 4aN In tlM bolbiy v�n SECTION 1 56' x 16' CONTROL BUILDING NO�oucr w�our aa u�rmx�x unmcouxFt�nx umuicoiar uusr ee irrno+m er n�e avraa � N w�e s X 2 m 1 0 ' �w�ovr � � � � Gae I QlIIMNCE SECTION 2 I �� txrlarm � 1 — � ","�� — — � -� — \:./ �—�`--'---� ''----�T-u'----� � I O svimr �— � i � � _ � �a �a ''� J =`�" � w � .�. .:.� I l,_II � onno mru�r nuowH f�m[ ro eonou a� anoR ecus um �n,wr m �+e z• wc. � � � i cmmn � L — J FLOOR PLAN SCALB: 3/16'�l'-0" 10��ovcr urour uro ¢FC�xirx r�xanon AItlMNGt]IENf YIAf BE MYNOIFD Bf DIE ONNFA SECTION 1 24' x 14' CONTROL BUILDING � N w�e s � _ m � O .R, � � ��r ��x Exr��a c � � � � � � ..�.... � � x _._..�.. � _ � 1 � _____.�_ �.�.._._... � � � ___.�..a_ � �, T r i : / : : TB 3 TB 4 TB 5 . . . :►� :► �� TB 1 TB 2 TB 3 7 TB 6 TB 5 TB 4 8 TB 7 TB 6 TB 5 9 TB 8 TB 7 TB 6 O N TERM I NAL BDARD WALL ELE�F��1C Enuglsing tomomow s communlly fadoy! DRAWN aY: APPROVED: a��: 11/07194 I n�: TERMINAL BLOCKS (TYPICAL) 3" PANDUIT (TYPICAL FOR HORIZONTAL RUNS� 4" PANDUIT (TYPICAL FOR VERTICAL RUNS� 4' x 8' PLYWOOD BACKBOARD oac�: CREW MGR. �: PROJECT �: SCALE: 1",1� 0" SHEEf: EXHIBIT D SUPPLIER'S PROPOSAL � � � � cn rn Proposer's Company Name: RFP 5156 Pricing Sheet for Substation Control Buildings Trachte, Inc. c% lRBY Proposed Pricing (FOB delivered to designated sites): The respondenf shall complefe the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. ITEM # UOM DeSC�lptlOn Estimated Annual Quantity " First Year Estlmated Total Standard Delivery Unit Cost annual Cost (Weeks ARO) Basic Buildin s 1 EA Substffiion Control Building - 56' x 16' 2 $230,4D2.00 $ 460,804.00 1416 2 EA Substation Control Building - 24' x 14' 2 $144,327.00 $ 288,654.00 12-14 Len fh Ad"usfinents 3 EA Price to increase length of 16' building in 2' increments 3 $4,595.00 $ 13,785.00 , 4 EA Deduction to decrease length of 16' building in 2' increments 2 $1,476.00 $ 2,952 Do y' 5 EA Price to increase length of 14' building in 2' increments 4 $3,959.00 $ 15,636.00 6 EA Dedudion to decrease length of 14' building in 2' increments 2 $1,663.00 $ 3,326 00 ", Off-Loadin O fion 7 �s Off-load 56' x 16' wide building 2 g�s,415.00 $ 36,eso.00 8 LS Off-102d 24' x 14' wide building 2 $15,549.00 $ 31,098.00 8atte Char er Basic Price 9 EA Primax P4500TT-1-125-25 equipped as specified 4 $8,662.00 $ 34,728.00 10-12 After Appr Batte Char er O tions `` ""' 10 EA R5232read/writewith DNP-3 4 $1,384.00 $ 5,536.00 11 EA Bariery imbalance alartn 4 �� $1,286.00 $ 5,144.00 12 EA Battery partial capacity tester 4 $1,932.00 $ 7,728.00 13 EA Battery continuity tester 4 $2,269.00 $ 9,076.00 '14 q $ _ � �, ,. ,��. 15 30ah Primax Approved Battery 4 $15,061.00 $ 60,324.00 ' 16 100ah PrimaxApproved Battery 4 $30,353.DD $ 121,412.00 � 17 _ _ 4 � : . .�. $ - 16 q $ _ _ �, 19 4 $ 20 4 $ 21 4 � $ '� � �� ITEM # uonn Description Estimated Annual Quantity * First Year Estimated Total Standard Delivery Unit Cost Annual Cost (Weeks ARO) 22 4 $ 23 4 $ - 24 4 $ 25 4 $ - 26 4 $ Total Estimated Annual Control Buildin Cost for information onl $ 749,458.00 * Estimated annual quantities are the best estimates available at the time the RFP was issued and may vary significantly up or down from year to year. Unloading and installation will be provided by the Owner; however, off-loading price option is requested. _ W =a � RFP 5156 Pricing Sheet for Substation Control Buildings 27 Fabricator Trachte, Inc. � 28 Location of Fabricating Facility? City and State Eastanollee, GA � � cn 29 Weeks Standard drawing approval time after receipt of order? Drawing to Customer. s rn wks, Customer Approval 2 wks Average 30 Can the first building be delivered within 12 weeks after issue of the purchase order? Yes or No No • 31 If the first building cannot be delivered within 12 weeks, what is the best delivery that can be offered for this building after receipt of order? 17wks based on Feb 15 order and 2wk customer Weeks review and approval 32 Are there items that cause the longer delivery of the first building? Explain drawing backlog, charger leadtime, customer approval 33 Years Substation control building fabrication experience: in years Substations 28yrs Buildings 95yrs 34 Years Years of experience providing substation control buildings to utilities in the United States of America: Substations 28yrs Buildings 95yrs >� 3 ,�� , 3 =.� Shipping performance for the past 18 months: �.,., _.- 35 Projects a. Number of similar control buildgin projects shipped in the last 18 months: 265 36 % b. Percentage of shipments that did not ship on time: 6% 37 Days c. Average delay for shipments that did not ship on time: 1 Week If the fabricator is foreign, state the name and location of the facility in � 38 the US that will be used in the event that repairs or corrections are necessa : wA = � 39 Feet Maximum length of a single-unit building, assuming 16' width: 65� Without Difficutty � 40 Alternate price adjustment method for single-unit specified building not standard length: � 41 Are there any exceptions to the specification? (If "Yes," attach a sheet with detailed explanations.) See Trachte Spec Payment Term Discounts Payment terms for the City of Denton are typically 30 days. Please indicate the additional discount extended to each monthly invoice that is paid within the time period indicated below. �' � �'�s.�.��.�r.�� Yi„��,`��ic ",��°�, �aia�n,��.::°(.�P: Invoice Paid in 20 days Invoice Paid in 15 days Invoice Paid in 10 days PRICING SHALL BE QUOTED TO INCLUDE ALL COSTS, WITH SHIPPING FOB DESTINATION. EXHIBIT D ........�...r�.. �� Your Partner for Building & Shelter Solutions C/O Irby Electrical Distributors 7125 Belton St. Fort Worth, TX 76118 RE: Citv of Denton Large Substation Buildin� Proiect January 29, 2013 Good Afternoon, We are pleased to supply specifications and quotation for the aforementioned project. Item #1: Control Building (Quote # 6547) Design, manufacture and deliver (1ea) fully preassembled, a11 steel, non combustible, insulated control building with a structural steel floor option. The exterior frame dimensions will be 15' 4" wide x 56'-0" long with a lU'-3/4" interior clear height. This price includes the building as described above along with interior/exterior/emergency lighting, receptacles, house distribution panel, e�aust fan and HVAC system. This building would be constructed and perxnitted to the Texas State prefabricated building standards if applicable. It will be fiii•nished with PE stamped drawings for the State of Texas. Any required local permitting of the foundation and services to be obtained by others. A mare detailed specification can be found below. LTNIT PRICE, F.O.B. Denton,TX ............... ..................................$230,402.00 Site Services by Trachte See de�nition & conditions below Freight and Staging See definition & conditions below Optional Primax Battery Charger (all options) Optional Primax Approved Batteries Optional2' Building size Increase Optional2' Building size Decrease RFP 5156 Not Included Included add $ 15,554.00 add $ 30,353.00 add $ 4,595.00 deduct ($1,476.00) EXHIBIT D Quote Validity - 90 days Lead Time: Please call for Production Schedule based on a specific project order date. The estimated production time for this project is 8-9 weeks from final approval. The production start date will depend on the production schedule at the time of order. Shipping transit time is approximately 3 business days Above pricing subject to Trachte standard terms & conditions of sale (see below). Trachte is a Veteran Owned Small Business, with more than 10,000 control buildings manufactured, including past performance in the Power Transmission & Distribution, Telecommunications, Public Utilities, Defense and many other state and federal agencies. If you have any questions regarding this quote or any other needs please contact me at any time. Thanking you in advance for your consideration, Please visit our websites at: trachteusa.com t-rams.com trachteglobal.com RFP 5156 Site Technician - ycu:�r�. Definition & Conditions This quotation may include an option for Trachte to furnish a site technician only in lieu of complete site services. In this case the technician's role is to assist or direct customer furnished labor and equipment in tasks which may include the offloading, placement and anchoring of a building, placement and assembly of multi piece buildings and reinstallation of factory installed items which were removed for shipping. Tasks may also include the assembly of panelized components in relation to the T-RAMS product line. The technician will only be equipped with basic PPE equipment. All other tools, equipment, labor and site safety requirements will be the responsibility of the customer.The presence of a site technician during the set and reassembly of a multi piece building is the minimum requirement to maintain the Trachte warranty. Complete Site Services - Definition & Conditions This quotation may include an option for Trachte to furnish complete site services in relation to the offload, anchoring and weatherproofing of the building along with the installation of factory installed parts that were removed for shipping. This price will include the labor and equipment to offload the building based on the conditions below. Trachte's site service quotation was developed from the information available to us at the time of quote and is based on: �. Building installation by Trachte's Non-Union site crew 2. Adequate all-weather site access to accommodate a semi tractor with trailer and building foad and the crane to drive into the site and adequate soil conditions to stage crane for lift. This includes a suitable site access road with adequate approaches without width and height obstructions, ie. tree branches, overhead power lines, gates, fences, trenches and berms and a broad enough radius within the substation to stage for the lift.. 3. A site visit by Trachte personnel or the crane service was not done at the time of the quote. The crane services quoted are based on a 40' radius for the crane reach to determine the appropriate crane size required. All charges for additional services, labor, and/or equipment required will be passed on to and paid by the customer. 4. Trachte is not responsible for any damage to the ground surface, i.e. asphalt, concrete, gravel etc. during placement of the building due to the crane, semi-tractor or trailer. 5. Minimum personal protective equipment to include hard hat, steel toe boots, safety glasses, and fall protection. 6. Site service work must be scheduled at least three weeks prior to date building is required on site. RFP 5156 ��:n 3r■. This quote does not include: 1. Drug testing by our employees or subcontractors under our contract before they get to the site to perform the site service work. " 2. Site safety training by our employees or subcontractors under our contract prior to perForming the site services. 3. Certified lift plan. 4. Load tested spreader bars If any of the above listed site service items are required or any the above site conditions are not met any additional costs will be passed on to the customer in the form of a change order. Estimated Freight and Staging - Definition & Conditions This quotation may include an option for Trachte to furnish the freight for the building from the Trachte dock to the customer site. If furnished this price does not include any offloading of the building at the site location. This priced is based on a quotation obtained by Trachte at the time of that this quote was generated. Due to the possible lag time between this quotation and order, permitting, design, approval and production of this building this quotation is subject to change. This quote does not include: 1. Drug testing of drivers or escorts under our contract before they get to the site to perform the site delivery services. 2. Site safety training of drivers or escorts under our contract prior to accessing the site. 3. Excessive lag time at the site. Site coordination should be such that the truck can be unloaded in a reasonable time without waiting for the arrival of equipment or personnel provide the delivery is on the previously agreed upon schedule. If any of the above listed site service items are required or any the above site conditions are not met any additional costs will be passed on to the customer in the form of a change order. i»��N7: EXHIBIT D BUILDING SPECIFICATIONS: Irby Electrical Distributors City of Denton Large Substation 15'4"x56'x10'10" Final Site Location: Denton, TX Delivery Location: Denton, TX SCOPE. Provide One factory built, pre-assembled, all steel, noncombustible building by TRACHTE INC, to include the building, and any pre-installed electrical and HVAC if listed. TRACHTE will provide all building anchor bolts and plates. DESIGN REQUIREMENTS The structure design and manufacture shall, as a minimum, conform to ASCE (American Society of Civil Engineers) "Minimum Design Loads for Buildings and Other Structures" and the MBMA (Metal Building Manufacturers Association) "Recommended Design Practices Manual". The specified TRACHTE building shall be designed to support the following loads: LOADING Roof Load: Live 1 Snow Load: Ceiling Dead Load: (Ice Missile Protection) Impact Load: Wall Wind load (MPH) Floor Live Load: Battery Area Load: Seismic Zone: Engineered State PE Stamped Engineering Calculations and Drawings: (Electrical Engineering not reqd. for approvals & not included, available for additional charge) State Approval Seal: APPROVAL DRAWINGS A Structural and Electrical set of "Approval Drawings" shall be submitted. These will be in PDF format (Adobe Acrobat), showing the building floor plan, dimensions, elevations and location of all primary accessories included with the building. Drawing format shall be 11" x 17" prints and/or E-Mail files using WinZip. "As Built" Drawings will be sent out upon shipment of the building in PDF format and / or paper copy. A paper copy will also be enclosed with the "Operations and Maintenance Manual". Drawings are created in AutoCad2007 Format and are available upon request. RFP 5156 Trachte Quote # 6547 PSF 60 40 20 No 125 250 300 C Texas Yes Yes STANDARD Rel. Date 01/29/13 EXHIBIT D GENERAL BUILDING INFORMATION Building shall be a pre-assembled, metal-framed, noncombustible building by Trachte, Inc. Oregon, Wisconsin. Built to size and with accessories listed below: Building Frame Size Interior Dimensinns: Outside Building Shipping Dimensions: Approximate Building Weight: * Above shipping height does not include trailer height. DESCRIPTION NOTE QUALITY ASSURANCE The Manufacturer's comprehensive compliance control program follows the building through all phases of production. Building shall be manufactured to satisfy current state manufactured building program rules, regulations and codes (e.g. IBC International Building Code) and the NEC (National Electric Code). Weld Connections shall adhere to current AWS D1.1 and D1.3 Structural Welding Codes.. Trachte Southeast, Eastanollee, GA is an ISO 9001:2008 registered company. WARRANTY The Kynar 500 Paint finish on Metal Exteriors and Roofing has a Forty (40) Year Warranty against flaking, peeling and checking, and a Thirty (30) Year Warranty against fading and chalking. Galvalume substrate has a Twenty-five (25) Year Warranty against rust perforation. TRACHTE guarantees the complete building from defects in materials and workmanship for a period of Two (2) Years, except as limited by the original equipment manufacturer(s) of component parts. Detailed information available at www.kynar500.com. Included with this bid is a five year guarantee on the air conditioning and heating systems. Foundation Design Foundation Design is by Customer. Trachte will need to know size & design of foundation so that Trachte may finalize the floor design and provide the correct anchoring material. The drawings will include a foundation design based on customer feedback. Building Structure is assembled on a"Steel Floor". The Steel Floor is designed to be supported and anchored to a Pier foundation. Base Frame Design STEEL FLOOR - Base Frame (Deflection limit = L/240) Rodent Barrier - Under Floor Barrier - 26ga. Galvanized End Wall Perimeter Channel Side Wall Perimeter Channel 15'4" x 56' x 10'10" 14' 5 1/2" x 55' 1 1/2" x 10'1" 15' 11 " x 58'4" x 13'4" 50,100# S Foundation By Others 1 SF C10x30# 50ksi C10x20# 50ksi Intermediate Support Beam W8 x 48 # 16" Maximum (12" maximum - battery Floor joists - 8" x 2 1/2" x 12ga HR area) Pick Plate 1/2" thick - Heavy Duty Exterior Lift - 13,600# per point Bolt, Pick Plate - 3/4" x 3" Hex Head Cap Screw - Grade 8 HD Lifting, Reinforcement Plate 1/4" x 18" -(welded to perimeter channel) RFP 5156 QTY 12 858 2@56' 4@ 15'4" REMOVABLE 10 EACH 30 EACH 10 EXHIBIT D HD Lifting, Reinforcement Strap - 1/4" x 4" Steel Bar - Across Width of BLDG. Anchor Plate - 3" x 5" x 3/8" w/5/8" bolt hole - Galvanized Anchor Bolt - 1/2" x 4" - 12,000 Shear Strength - Hardened Steel, Zinc Plated Caulk - Silicone clear - Sill Sealant Floor Openings required for cable entry. Floor openings are as listed: (2 for floor drains (floor does NOT slope to drain)). Any changes in size, location or quantity for framed openings shall be considered on a case-by case basis, and done as a change order. Floor deck to be continuously welded. Decking, Steel Plate - 1/4" - 10.21#/SF - Non-Slip Paint - Welded to Floor. Touchup Paint w/Actuator - Floor (1 Gal per 200SF) Base Frame - Paint System Sherwin-Williams Industrial Macropoxy 646 Fast Cure Epoxy. This self-priming catalyzed system is designed to provide an extremely durable, VOC (EPA Method 24) compliant coating. Suitable for heavy industrial, severe coastal, off-shore or chemical environments where superior corrosion protection and resistant to fading is required. The paint system has a minimum Dry Film Thickness, per coat of 5-7 mils. Truss and Structure Design STRUCTURE: Building will be composed of 12ga, 14ga and 16ga (4") galvanized steel for "Channel frame" framework. This framework will include Posts, Base, Girts, Eave Struts, Purlins, Post Bracing and Connecting plates. Framework to have a flush wall, post and beam format with full trusses on both end walls. These end wall trusses will easily allow for future expansions and/or modifications. Fall protection - Single person, stainless steel D-ring anchor point assemblies built into the roof, designed to meet the OSHA 191 �.66c requirements for fall protection. Gable Roof Design Truss - Full Solid Web Design - Hot Rolled Truss Heel Height - in inches Roof Pitch Exteriar Wall Design Architectural Steel Ribbed Panel is Overlapping and fastened with self-tapping fasteners with washers. Paint finish is a baked on Kynar 500 PVDF resin based coating over the Galvalume sheet, customer's choice of standard "Trachte" colors. 18ga, Mega-Rib Wall Sheet, 36" wide, 1 1/2" Rib (Colors available: Ash Gray or Light Stone ONLY) Roof Design Architectural Steel Ribbed Panel is overlapping and fastened with self-tapping fasteners with washers. Paint finish is a baked on Kynar 500 PVDF resin based coating over the Galvalume roof sheet, customer's choice of standard "Trachte" colors. Rib Closures are located at all required locations. Full ridge caps on all buildings, except single slope designs. Roof Overhang - Standard 4" 18ga, Mega-Rib Roof Sheet, 36" wide, 1 1/2" Rib (Colors Available: Ash Gray or Light Stone ONLY) RFP 5156 EAC H EACH EACH EACH EACH EACH SF GALLON EACH 3 3/16" steel 8 2:12 SF �y� 5 22 22 15 1 858 4 14 1480 858 EXHIBIT D Building Accessories Wall Openings are fully Framed, Sleeved, Trimmed, and provided with a Drip Cap. Perforated closer for gable end ventilation at each end wall for attic �entilation Rain Hood Over poors, HVACs & Cable Risers Insulation Design Floor Insulation (Total floor insulation value at right): - Blown-In Cellulose Insulation- R-Value at Right - 1" Dow Blue Board - R-5.2 Wall Insulation (Total wall insulation value at right�: - 3 1/2" HD Fiberglass Batt x 24" - R13 -(180 SF/pkg) - 1 1/2" Fiberglass Wall Blanket Insulation - Thermal Block Between Steel - Visqueen Vapor Barrier - 4 Mil Thickness (Barrier is located on the inside of the building framework.) Roof / Ceiling Insulation (Total insulation value at right): Blown-In Cellulose Insulation - 1 1/2" Fiberglass Wall Blanket Insulation - Thermal Block Between Steel - Visqueen Vapor Barrier - 4 MiI Thickness (Barrier is located on the inside of the building framework.) Interior Wall Finish 22ga Steel Liner Panel with Galvalume substrate, Roll-Formed, Regal White Kynar 500 Paint - Flush fit design w/concealed fasteners Full Interior Trimming - Corner and Floor - 24ga, Regal White Wall Liner Reinforced with 16ga 6" Wall Hat Channel as needed for equipment support 3/4" AC Plywood telecommunications board mounted on wall, painted. Interior Ceiling Finish 22ga Liner Panel with Galvalume substrate, Roll-Formed, Regal White, Kynar 500 Paint. - Flush Fit design wlconcealed fasteners. Reinforced w/16ga 3.25" Ceiling Hat channel as needed for Equipment Support Full Ceiling Edge Trim - 24ga Regal White Door Design 1 3/4" Thick Doors and Frames are hot dipped galvannealed to ASTM designations A924 and A653 then factory primed and painted with Acrylic Urethane Enamel. All exterior doors have a top of door Watershed, Drip Cap extending 3" past each side of door, Sweep, Weather-stripping and Threshold. Single Door - 3/0 x 7/0 Single Door - 4/0 x 8/0 18ga Door / 16ga Door Frame - Standard Standard Door Insulation (R-4 - Polystyrene) Door Light Kit - 10" x 10" with wire glass, non-insulated Fire tags - single door 3 HR Hinge - 4 1/2" NRP - SS (32D) - Ball Bearing (BB51) Hinge Heavy Duty - 4 1/2" NRP - SS (32D) - Ball Bearing - For 3/6 or wider doors. Hinge Pivot - Hager - J253 HD surface - For 3/6 or wider doors. Fire Rated Door closer (NO HOLD OPEN ALLOWED) LCN 4111 EDA (up to 4' door) Panic Device, Von Duprin - 22 Series Size 3- Rim - under 48" Door width Panic Device, Von Duprin - 22 Series Size 4- Rim - 48" Door width and above RFP 5156 LOT 1 4' x 5' 7 R-35 1 R-30 1 SF 858 R-19 1 SF 1450 SF 1450 SF 1450 R-38 1 R-38 1 S F 858 SF 858 SF �450 LF 183 EACH 24 4' x 8' 1 SF LOT 1 EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH E:��:3 2 1 3 3 3 3 6 4 1 3 2 1 EXHIBIT D Exterior Handle Type: Thumblatch Pull with Cylinder Lock Lockset Type: Keyed Lockset Core Manufacturer: Best Stainless Steel Puil Handle mounted to the inside of the door. Cable Tray Section Cable Chase Riser, Exterior - 14ga Galvannealed Painted - Includes Cable Tray Cable Chase Cover - 22ga Galvannealed Painted - 2-piece, w 3/8" Stainless Steel Wing nuts Cable Chase Adjustable Sleeve - 14ga Galvannealed Painted - 15" Vertical Slide Aluminum Cable Tray, rung type. Installed on threaded rods and suspended from uni-strut, mounted to ceiling. Cable Tray meets NEMA class C minimum requirement of 100# PLF UNI-Strut,13/16" 12ga Solid - With Hat Channel Rod - 1 /2" Threaded steel Spring nuts 1/2" - Use with rods B-Line, 6" Deep Cable Tray - 9" Rung Spacing EACH 3 EACH 3 EACH 3 EACH 3 EACH 2 EACH 2 EACH 2 LF 200 EACH 68 EACH 68 12' Straight Sections of Cable Tray 18" Wide 12' Straight Sections of Cable Tray 24" Wide 90 degree Horizontal Bend 18" Wide 1@ 24", 6@ 24" to 18" Horizontal "T" Wide Horizontal Cross "X" 24" Wide Reducer 24" to 18" Wide Hangar Rod Clamps used on each rod EACH Cable risers supplied with this bid are 30" deep and have 1" rigid insulation glued to inside of riser (standard Trachte cover with wing nut to close, no hinges). Ladder drop offs for 24" tray at each riser. Shipping and Site Information Maximum Shipping Width: Delivered Only by Trachte Estimated Number of Truck Loads Required: EACH EACH 15'11" Items that Extend Past Exterior Trim: (Include Item and Location: Sidewall or Endwall) HVAC - End Wall Shipped Attached HVAC - Side Wall Shipped Loose Attached by Others on Site Cable Riser - Side Wall (Two) Shipped Loose Attached by Others on Site Canopies over doors, HVACs and cable risers (Seven) Shipped Loose Attached by Others on Site RFP 5156 2 8 4 7 1 4 68 2 2 EXHIBIT D Optional Designs • Trachte to supply battery system (not included in base bid) • Trachte to supply battery charger (not included in base bid) • Trachte to supply optional feature for battery system: RS232 read/write with DNP-3 (not included with base bid) • Trachte to supply optional feature for battery system: Battery Imbalance Alarm (not included with base bid) • Trachte to supply optional feature for battery system: Battery Partial Capacity Tester (not included with base bid) • Trachte to supply optional feature for battery system: Battery Continuity Tester (not included with base bid) • Trachte to reduce length by 2'; making building length 54' • Trachte to increase length by 2', making building length 58' RFP 5156 Option A Optian B Option C Option D Option E Option F Option G Option H EXHIBIT D Structural Exceptions/Comments To Customer Specifications • Width supplied with this bid is 15'4" with an interior width of 14' 5 1/2". When trim and overhangs are included the outside dimension reaches 16' which is the maximum shipping width as a single piece. • Freight is an estimate only based on quotations as of this date, and is based on final site location being Denton, TX. Because of the fluid nature of freight/fuel prices and no confirmed times of order the pricing may vary up or down with each order. • Trachte to supp�y a five year warranty on the building and a five year guarantee on HVAC and heating system only. All other electrical components are per OEM warranties only. • Trachte designed building using their standard 4" channelfra�ne construction. � This is post and girt skeletal construction as opposed to that specified. It will meet or exceed to required loading. • Interior wall and ceiling liner panel supplied with this bid is 22ga.with 16ga reinforcements as required. Ceiling has R-38 insulation, which is a requirement of Texas's Modular Building approval program (Trachte cannot provide less than R-38 for a roof delivered in Texas). • Floor has a 10" thick channel. Channel weight is varied to meet loading requirements. The 10" channel allows more ceiling height. • 18ga Mega Rib panel used in this bid is 36" wide (this is not a standing seam type panel). Panel is overlapping and does not require caulking at the seams (Trachte used their standard methods to ensure weather tightness). • Only doors have a fire tag (Building does not have any fire rating at this time). Applying fire tags to doors limits the available options for the door. If a fire tag is required, the closer cannot have a hold open feature, and window size is limited to 10" x 10". • Cable risers supplied with this bid uses Trachte's standard, covers which are attached using wing nuts. Trachte matched previous Denton job and made the riser 30" deep and insulated riser with 1" rigid insulation. • All sheeting in this bid has a factory applied Kynar 500 paint finish available in standard colors based on sheeting type. 18ga Mega Rib is available in Ash Gray or Light Stone only unless special ordered at additional cost and lead-time. Floor uses Sherwin Williams Macropoxy. Underside of floor has a galvanized steel sheet rodent barrier. No additional undercoating is required or included. • This specification reflects Trachte's best interpretation of supplied information at the time of bid. Trachte assumes customer will perform a detailed review Trachte's specification to insure that Trachte correctly interpreted their scope of work for this bid and requested any noted changes prior to acceptance. SPEC Section Building Size p.4, IV.D, p.8, VII.N.4 p.7, p.J p.12, VII.G.4 p.12, VII.G.7, 10, p.14, VII.L, M p.13, VII.H.1 p.13, VII.J, K p.14, VII.O p.15, VII.P p.17, VII.T ALL End of TRACHTE "Building" Specifications NOTE: Please see the Electrical Exceptions and Notes following the Trachte Electrical Specifications RFP 5156 EXHIBIT D TRACHTE ELECTRICAL SPECIFICATIONS Codes All grounding, workmanship and materials shall conform, as a minimum, to the 2011 (NEC) National Electric Code. Conduit All conduit shall be Electrical Thin Wall (EMT) except service runs which are PVC. All interior Junction Boxes are NEMA 1 with flexible metallic conduit used for motor and fixture connections. All wiring and conduit is surface mounted. Runs are tight to the walls and ceiling. � Conductors Conductors shall be 98% conductivity copper with 600v insulation, THHN, sized as required, 12ga. minimum for line voltage wiring, 18ga. for alarms. Description Interior Lighting Light Fixture Fluorescent - 4' - 2 tube - 64w - electronic ballast - Zero degree cold start Emergency Lighting Red LED Exit / Emergency Light combo - 90 min. backup - dual head Exterior Lighting Light Fixture - Wallpack - 70W HPS Lam ps Lamp - Fluorescent Tube 4' - T8 - 32 watt - Rapid start Lamp - 70 Watt - High Pressure Sodium - HID Switches Switch - SP - 2Qamp - Ivory -(Fan disconnect) Switch - 3 way - 20amp - Ivory -(lighting control) Switch - 4 way - 20amp - Ivory -(lighting control) Handle Guard - single toggle switch Receptacles Receptacle - Duplex - 20amp/125volt - Ivory Receptacle - Tamper resistant duplex - 20amp/125volt - GFCI - Ivory Receptacle - Exterior weatherproof in use rated - weather resistant - Tamper resistant duplex - 20amp/125volt - GFCI - Ivory RFP 5156 Manufacturer Daybrite Econolight Quality Lighting (Philips) Mfg. Part # QTY OWN232-UNV- 16 1/2-EB E-XMDRB2W 3 3-1-3-70-NLX-L- 3 P110A-TDB-1 GE F32T81SP41/ECO 32 GE LU70MED 3 Hubbell Hubbell Hubbell Square D Hubbell Hubbell GFTR201 Hubbell GFTR201 HBL12211 1 HBL12231 4 HBL12241 2 2510FL1 1 HBL53621 15 3 3 EXHIBIT D Control and Alarms Timer - SPST - 24hr - 14 ON-OFF settings - batt.. Backup (fan control) Hydrogen Gas Detector - w/ form C contacts -(fan control) Remote test for Hydrogen Detector cable - 25ft - for remote Mounting box for Hydrogen Gas Detector Enclosure - Type 1- Latch Cover - 16" x 16" x 6" Panel - 13" x 14 1/2" TERMINAL BLOCKS 12 POINT Ventilation Exhaust fan - 16" - 1095cfm - backdraft damper attached Complete with a weatherproof hood and insect screen HVAC System HVAC - 4 ton - 10kw heat - 240V/1 - Low/High Pressure & Low Ambient Control - Alarm relay Supply Grill - 3.5 - 6 ton Return Grill - 3.5 - 6 ton HVAC Disconnect - NEMA 3R - 240VAC - 60A - Single Phase - GFCI Receptacle Weather resistant - In-Use Rated Master Controller - Multistage - two unit lead lag thermostat controller - base alarm board See notes and exceptions regarding HVAC selection Distribution Panels and Circuit Breakers A.C. Panelboard - 120/240VAC 1 phase - 200amp main breaker - copper bus - 10kAIC - 42 space Enclosure Caver with door (2) Breaker - bolt on - 2 pole / 60 amp (1) Breaker - bolt on - 2 pole / 50 amp (8) Breaker - bolt on - 2 pole / 30 amp (2) Breaker - bolt on - 2 pole / 20 amp (16) Breaker - bolt on - 1 pole / 20 amp D.C. Panelboard - 125/250VDC - 150 amp main Breaker - copper bus - 10kAIC -(20) 2 pole spaces Enclosure Cover with door (1) Breaker - bolt on - 2 pole / 50 amp (8) Breaker - bolt on - 2 pole / 30 amp (11) Breaker - bolt on - 2 pole / 20 amp RFP 5156 Intermatic ET1105C Arrgh Arrgh Crouse-Hinds Hoffman Hoffman Konnext Dayton Bard Bard Bard Midwest HGD-DR 1 H2-REMOTE 1 1 TP629 1 A16N16ALP 1 A16N16MP 1 UA-ES-12 36 1HLA3 1 W48A 1- A10MPXXXJ SG-5 RG-5 U065P010 Bard MC40o0A Square D Square D Square D Square D Square D Square D Square D Square D Square D Square D Square D Square D Square D Square D Square D � MH5aBE NC50S QOB QOB QOB QOB QOB 2 2 2 2 1 2 I-LINE 1 HC2683B HCN83TSD FA FA FA I-LINE 1 EXHIBIT D D.C. Panelboard - 125/250VDC - 150 amp main breaker - copper bus - 10kAIC -(20) 2 pole spaces Enclosure Cover with door (1) Breaker- bolt on - 2 pole / 50 amp (19) Breaker - bolt on - 2 pole 120 amp D.C. Panelboard - 125/250VDC - 100 amp main breaker - copper bus - 10kAIG -(20) 2 pole spaces Enclosure Cover with door (8) Breaker - bolt on - 2 pole / 30 amp (20) Breaker - bolt on - 2 pole / 20 amp Service Equipment Disconnect Switch - NEMA 1- 240VAC - 100amp - 3 wire ground kit assembly Fuse - 24oVAC - 200amp - time delay - Class RK5 Manual Transfer Switch - NEMA 1- 100amp - 240VAC - 2 pole Manual Transfer Switch - NEMA 1- 200amp - 240VAC - 3 pole - w/neutral Solid Neutral Assemblies - 100amp Wireway - Around Perimeter Near Ceiling Wireway - 4" x 4" x 120" - w/o KOs - Screw Cover - NEMA 1 90 Degree Elbow - 4" x 4" - inside opening - NEMA 1 U-Connector - 4" x 4" - NEMA 1 Grounding Material Wire -#2 - Bare - 7 Strands -(Equipment drops) Wire - 4/0 - Bare - Copper - Stranded -(through the entire cabletray and drops to ground pads) Ground Bus Bar - S.ilver Coated Copper - 1/4" x 2" x'144" - (Around entire perimeter) Splice Plate - Silver Coated Copper - Ground Bar - Straight - 1 /4" x 2" Splice Plate - Silver Coated Copper - Ground Bar - 90 degree - 1/4" x 2" x 3" Ground Pad - Copper - 5" x 4" x 1/4" -(TINC) -(bolted) Square D Square D Square D Square D Square D Square D Square D Square D Square D Square D Square D Bussmann Square D Square D Square D HC2683B HCN83TSD FA FA I-LINE HC2692B HCN92TSD FA FA DTU223 1 DT100SG 1 FRN-R-200 2 DTU223 1 DTU324N 1 SN0310 1 Hoffman F44T1120GVP 15 Hoffman F4490EIN 4 Hoffman F44GUC 20 Storm Storm Storm Harger Safety Equipment Eye Wash Station - Gravity fed - 16 gallon - self-contained - Porta Porta Stream Stream II II Water preservative - 8oz - will preserve 16 gallon Fend-All 10# ABC Fire Extinguisher Kidde RFP 5156 BARE-CU-SD-2- 7STR-1 K-CR BARE-CU-SD- 4/0-19STR-1000 GB-CU-0250- 2000-144-Q-SF SPLICE-CU- 0250-2000-Q-SF EL-CU-90-0250- 2000-Q-SF GB1445TINC 230 1 1100 10# 50 210 13 10 4 2 1 3 EXHIBIT D Misc. Telephone jack - RJ-11 - 4 conductor - wall mount -(wall) Leviton 40253-I 2 Desiqn Notes Add 24 pieces of 6" hat channel support (@ 10' lineal feet each) Add 3 electrical pans All circuit wiring will be done using stranded copper conductors with type THHN/THWN insulation. The HVAC included in this quote has R410A refrigerant. (Green Refrigerant) Interior light quantity is based on MAXIMUM allowable wattage for final site location, in addition multiple switches may also be included to achieve 50°/o lighting reduction when required by state regulations. Exhaust fan included in this bid has been sized per minimum requirements for building/room size. Exhaust fan will use the motorized louver from the HVAC unit as the intake Eyewash is a self-contained wall mount unit. - Best Lighting Products are manufactured outside of the USA, Trachte shall provide an equivalent �xture. - Primax Technologies battery charger is manufactured outside the USA. Reference: RFP 5156 EXHIBIT D Electrical Exceptions/Notes to Customer Specifications HVACs�fisted are based off of Trachte's standard HVAC sizing program. HVACs have been sized for approximately 37000 btu heat gain from equipment. Trachte shall not be responsible if additional equipment is added. Interior lighting is designed to meet state lighting regulation and may not meet customer specified lighting level. The location of all service equipment is assumed to be in the same vicinity. Any variance from this could result in a cost adder. Customer to use Trachte's specification to determine Trachte's scope of Grounding. Additional Grounding shall be treated as a change order if required. Not all equipment listed in the Trachte specification is Substation Control Buildings manufactured in the USA. RFP # 5156 V.E. Substation Copper ground pads shall be bolted to the exterior of the Control Buildings structural base at opposite corners. RFP # 5156 V.R.1. This specification reflects Trachte's best interpretation of supplied information at the time of bid. Trachte expects customer to review Trachte's specification to insure that Trachte correctly interpreted their scope of work for this bid. Items supplied and installed by others include the below items. - Relay Racks, SCADA racks This bid includes only materials listed in Trachte specifications per Trachte's understanding of the customer requirements. Any variance from this spec may result in a cost adder Please see the building exceptions and notes following the Trachte building specifications. RFP 5156 EXHIBIT D General Terms & Conditions 1. General: Seller's offer to sell and Seller's acceptance of any orders and/or line items of orders (collectively "Orders') submitted by a potential customer ("Buyer") for products of Seller ("Products') or ser vices of S eller ("Services") are exp ressly conditioned upon Buyer's acceptance of these terms and conditions ("Terms'). Seller shall not be bound b y the terms and conditions set forth in Buyer's Orders. In the case of discrepa ncy or conflict between Orders and these Terms, these Terms shall control. In th e event of additional terms contained in Orders that are not expressly ackno wledged and accepted b y Seller, such terms are expressl y rejec ted. These Ter ms shall supersede all prior communications between Seller and Buyer including but not limited to Orders and verbal quotations and will constitute a binding contract between Buyer and Seller, which can only be modified by mutual written consent of Buyer and Seller. 2. Shipment and Provision of Services: a. Seller will attempt to comply with, but in no case will guarantee, a ProducYs shipment date or the date for completion o f Services. Seller shall have no liability for loss, damage, delays or inability to ship or install Products for re asons beyond its control including, but not limited to: Acts of God; fire; floods; war embargoes; labor disputes; acts of sabotage; riots; accidents; delays of carriers, subcontractors or suppliers; voluntary or mand atory co mpliance with any gove rnmental act, regulation or request; shortage of labo r, materials or manuf acturing facilities. Seller reserves the righ t to prorate shipments agai nst all Orde rs whenever it believes an oversold situation exists. In the event of default by Buyer, Seller reserves the right to postp one, cancel or d eny the p rovision or sale of Pr oducts or Services to Buyer without waiving any of its rights under the Order. b. Adequate all-weather site access is required to p ermit a semi-t ractor with trailer and the b uilding load, to d rive into the site and stag e. T his requires a suitable site road surface and a drive entrance with a broad enough radius and approaches without width or height obstructions, i.e. tree branches, buildings, power lines, etc. c. Seller is not responsible for damage to the ground surtace, i.e. asphalt, concrete, gravel etc. during placement of the building due to the crane, semi-tractor or trailer. d. The customer or their age nt will sign the Bill of Lading upon delivery, indicating a,cceptance of the building in satis factory co ndition. I f the customer or their agents are not present to sign for the building, the customer's acceptance is automatically implied and rights to contest the building condition, at time of delivery, are abrogated. e. In some cases, completed buildings w ill be stored in Seller's yard at no charge for up to 90 days. Uniess previous arrangements have been made, buildings stored beyond 90 days will be assessed a storage fee of $150.00 per month per mo dule. Trachte reserves the right to refuse storage and will pass on all costs associated with handling crane, moving charges etc. incurred because of a customer delayed shipment. Passane of Ti tle: All Products are shipped fro m Seller's location at 422 N. Bu rr Oak Ave, Oregon, Wisconsin, or alter nate f actory location if designated by Seller, Buyer is solely responsible for payment of freight, duties, handling and cartage and, unless otherwise specified 6y Buyer, the Seller shall determine method of shipment and other matters relating to shipment. A delivery quote wiil be provided, or the customer may arrange for their own 6uilding delivery. For building loads over a certain he ight or width, Seller reseives the right to provide a freight "estimation" only. The actual delivery c harge will be billed after d elivery at cost plus 1 o%. Site services, if applicable, will be invoiced separate ly at time of building delivery. Title to the Product, and all risk of loss or damage to such Product, wiil pass to Buyer upon delivery of the goods to the carrier. Buyer is advised to insure the Product fo r its fuli replacement value. For Bu yer's o wn p rotection, it is urged that the P roduct be care fully inspected immediately upon receipt and in t he event of dam age, notice of cl aim be filed with the carrier without delay. Such notice should also be given t o Seller, so that Seller can assist euyer in claims against the carrier. In no event shall Seller be deemed to assume an y liabil ity in connection w ith any shipment, nor shall the carrier be construed as an agent of Seller. All claims of loss and damage are to be filed with the carrier and not Seller. Price: The final price is to be documented in a written for mal quotati on signed b y an aut horized emplo yee of Seller. In no case w ill verbal negotiations or quotations be cons idered as the final price. In the event of discrepancy between the price on the Ord er and Seller's written quotation, the price on the written quotation will control. In no case will Buyer's cost to prepare its facilities for the Product or Services be included in the price unless specifically specified in the written quotation. Chanqes To Buvers Requirements: Building orders are not initiated until a signed Customer Purchase Order or signed Seller Sales Contract is received. In the event Bu yer requires changes to the Product that changes the Selle r's co st, the price of the Product w ill be increased o r decreased, and the shipment dat e will be adjusted accordingl y. Seller will notify Buyer as soon as practicable of th e amount of such increase in price or extension of shipment date. Change Orders will not be initiated until signed by the customer. 6. Standard Terms of Pavment: Unless otherwise agreed to in writing, progress payments for the Product or Services shall be as follows: Project Phase Contracts less than $50,000 Contracts $50,000 -$100,00 Contracts over $100,40 1. Final drawing approval N/A 30°� 30% 2. Start Factory Assembly N/A N/A 30% 3. Completion of Total Quality Assurance 100°/a 70°/a 40% Terms of payment are subject to change by Seller in the event of credit deficiencies or default of B uyer. All costs and cha rges incurred by Seller as a result of Buyer's default will be charged to Buyer's account; these costs include but are not limited to bank fees for canceled checks or insufficient funds, collection fees and appropriate legal fees. Invoices are due for payment net 30 days after invoice date. I RFP 5156 EXHIBIT D In the event of legal proceedings against euyer by Seller, Seller shall be entitled to reimbursement of all costs and legal fees, may cancel or place on hold an y Order or services, and ma y divert any pending Products to othe r accounts. The se actions do not relieve Bu yer from any contractual obligations under these Terms. - All Orders are considered separate and distinct. Taxes, Fees and Permits: All prices for Products and Services are quoted exclusive of any and all taxes including but not limited to sales, excise, or other qove rnmental or region al tax. Bu yer is responsible for pa yment of ta xes which will appea r as separate line items on t he invoice for the Product or Services except in the case t hat a �alid and approp riate tax exception certificate is provided to Seller b y Buyer prior to shipment of the Product. P rices do not include lo cal fees or building permits. If a State Approval Seal is in cluded in the T rachte s pecifications, then Seller ha s included all associated fees for those State Approvals and Inspections. 8. Codes, Site Installation and Site Preparation: a. The Building is quoted as specified in t he Trachte Building Specif ication. Tracht e builds to major National Codes (IBC, UBC , NEC, etc.), however because of local buildin g departmentjurisdiction, it is th e customer's responsibility to veri ty that th e specified Tra chte designed shelter meets LOCAL building codes and requirements, Seller assumes no responsibility or liability for failure of the customer to do so or the potential delay or rejection resulting from the customers failure to investigate or secure any required approvals or permits b. , The quoted price may include normal installation work if specified on a written quotation. c. If installation is included, Seller agrees to install t he Product ready for use on the site designated by Buyer, provided that the site has been made to conform to the Site Spec ification Requirements provided b y Seller to Bu yer. Seller w iil have the option to i nspect the site p rior to installation. d. Buyer shall provi de all necessar y site w ork for th e Product installation including but not limited to site preparation and e lectric service as required to attac h and install the Product rea dy f or use. Bu yer s hall obtain all permits and lic enses required b y federal, stat e o r local authorities in connection with the installation and operation of the Product and shall b�ar any expense in obtaining the same or in complying with any related rules, regulations, ordinances and statues. e. In the event Buyer's local labor conditions make it impossi 61e or undesirable t o use Seller's r egular emplo yees for such ins tallation and connection, such work shall be pertorm ed b y I aborers supplied b y Buyer, o r b y a n i ndependent c ontractor chos en by Buyer, at Buyer's expense, and in such case, Seller, agrees to offer optional adequate site supervision for proper completion of the installation for a fee. f. Arrangements for internal movement of the Product to the final installation location are the responsibility of Buyer. g. Buyer assumes all responsibility for Product damage caused by contractors or laborers supplied by Buyer. Customer Site Acceptance (" CSA"): As described in Seller's written quot ation Bu yer will accept the Product b y e xecuting the customer site acceptance documents provided bv Seller. The acceptance documents are not to be modified or the conditions of sale changed without the written consent of Seller. The conditions of sale and acceptance can be modified if mutually agreed upon by Buyer and Seller. . 10. Insurance: Seller agrees to m aintain p ublic liability insur ance to pr otect B uyer in the event of i njury or death of any of seller s e mployees, or other persons, and to comply with th e provisions of ap plicable wage an hour and workman's compensation law s. This shall not include a ny gene ral liability policy on the premises, which shall be the Buyer's obligation. During the contract period and while under construction, Buyer agrees to maintain hazard insurance against fire, storm, wind, vandalism and extended coverage in the amount of at least 90 percent of the value of the structure as it progresses and to name the seller as a named insured. Buyer shall provide Seller with proof of such Insurance within 10 days after the execution of this contract. Seller shall have the right to delay commencement of const�uction until proof of such insurance is received. 11. LIEN NOTICE: AS REQUIRED BY CONSTRUCTION LIEN LAW, SELLER NOTIFIES BUYER THAT PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE CONSTRUCTION ON BUYER'S LAND MAY HAVE LIEN RIGHTS ON BUYER'S LAND AND BUILDINGS. IF NOT PAID, THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION TO THE UNDERSIGNED SELLER, ARE THOSE WHO CONTRACT DIRECTLY WITH THE BUYER OR THOSE WHO GIVE THE BUYER NOTICE WITHIN 51XTY (60) DAYS AFTER THEY FURNISH LABOR OR MATERIALS FOR TH E CO NSTRUCTION. ACCORDINGLY, 8 UYER WIL L PRO BABLY RECEIVE NOT ICES F ROM THOSE WHO FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION AND SHOULD GIVE A COPY OF EACH NOTICE RECEIVED TO HIS MORTGAGE LENDER, IF ANY. SELLER AGREES TO COOPERATE WITH THE BUYER AND HIS LENDER, IF ANY, TO SEE THAT ALL PERPETUAL LIEN CLAIMANTS ARE DULY PAID. Upon completion, the Seller agrees to furnish an affidavit that all sub-contractors, laborers and materials have been paid in full. 12. Patents, Lice nse to Us e: Seller does not warrant and shall not he held liable from an y claim unjustified or justified b y an y third party f or th e infrinaement of anv patent or copyright by Buyer in the use or ownership of the Product. a. In the event of al leged infringement, Seller may at its discretion request the retu rn of the Product a nd refund amounts paid by Buyer for such Product minus a reasonable depreciation amount. b. In no case shall Seller be liable for Buyer's lost production as a result of any infringement. c. Seller shall not be liable for: (1) Any additions or modifications b y Buyer to the Product; or (2) Ite ms or capability added or placed in the Product provided by Seller. d. The sale of the Product extends a right to use the Product. 13. Cancellatian of Order: With the placement of an Order, Buyer acknowledges that Seller would incur financial damages in the case of a cancellation of an Order and that Seller has the right to charge Buyer for such damages as specified by the time schedule below. a. Schedule of Fees for Cancellation of Order: RFP 5156 EXHIBIT D Timing of Cancellation of Orde Percentage of Sales before Confirmed Shipment Date Price to be Applied as Cancellation Fee 30 days or less 100% 31-60 days 75% 61-90 50% Over 90 days 30% � b. Higher cancellation fees may be imposed on special or modified equipment up to the entire value of the Order. c. Payment of the cancellation fee is to be made within 15 days of cancellation. 15. Warrantv of Product: Seller warrants to the original 8u yer th at at the time o f delivery the Pr oduct is free of defects in both material and workmanship. The term of this warranty is limited to two (2) years commencing on the earlier of: (1) the acceptance of Product by 8uyer, or (2) 9C days from the time of shipment if installation and acceptance is delayed by no cause of the Seller. Warranty of OEM materials and items for stored buildings will begin upon building completion. Seller's sole liability and Bu yer's exclusive remedy under this warranty shall be limited, at Seller's option, to: (1) the repair of the defective Product or the replac ement thereof, or (2) the repayment of the purchase price. Th is warranty is limited a� follows: a. If repair is elected b y Seller, this warranty covers replacement parts, labor and travel expenses required to return the Product to normal and as sold operation. b. The no rmal operation of th e Pro duct is to be de fined as that as of the time of acceptance by Buyer. At no ti me will an inc rease in pertormance or specifications be required under this warranty. c. Replacement parts will be warranted for the e xtent of the remaini ng warranty on the entire Product or on a 9o-d ay from insta Ilation basis, whichever is longer. Replacement parts will be new or of equal functional quality. d. Warranty support wiil be provided by Seller according to the response times and schedule described in the written quotation. Buyer will not penalize Seller for not responding outside its normal business work hours. e. Buyer is responsible for all consumable and expendable parts of the Product. f. The warranty shall be voided if: i. The Product has been modified without the written permission of Seller. ii. The Product has not been maintained according to Product guidelines, with proper documentation of such maintenance. iii. There has been improper use, operation, or maintenance by Buyer or their contractors. iv. There has 6een improper installation by Buyer or their contractors. v. Product failures have occurred which have not been reported within 30 days of failure. vi. The Product has had replacement parts installed that have not been approved by Seller. - i. Buyer agrees th at the Pr oduct p urchased hereunder shall be op erated exclusively by duly q ualified personnel in a safe and reasonable manner i n accordance with Seller's written instructions and for the purpose for which the Product was intended, and further, in compliance with ap plicable government labo r and safet y sta ndards, etc. Bu yer ag rees to in demnify and h old Seller harmless from and agai nst all claims, demands, actions, causes or actions, judgments and costs, including reasonable attorney's fees, arising out of or in connection with the operation of the Product by Buyer, unless caused by Seller's negligence. j. Multiple Section (Split) Buildings must be r e-assembled at th e site b y Seller per sonnel, or und er the direct supe rvision of an aut horized Trachte Supervi sor in order for the complete Seller Warrant y to apply (i.e.: wea therproofing). Seller w arrants o nly mat erials and labor performed by or directly supervised by authorized Seller personnel. BUYER ACKNOWLEDGES AND U NDERSTANDS T HAT THE F OREGOING EXP RESS WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITA710N IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 16. LIMITATION ON LI ABILTIES: IN NO EVENT SH ALL SELLE R BE LIABLE FO R DI RECT, SPECIAL, INCI DENTAL, CONSEQ UENTIAL, PUNITIVE, O R INDIRECT DAMAGES (INCLUDING BUT NOT LIMI TED TO , LOSS OF D ATA, USE OR P ROFITS), HO WEVER C AUSED, WHETHER FOR BREACH OF CONT RACT, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT SELL ER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH D AMAGES. BUYER AGREES THAT SELLER'S M AXIMUM LIABILITY ARISING FROM ANY PRODUCT SOLD SHALL NOT EXCEED THE PRICE OF SUCH PRODUCT. 17. Assianment of Order. Licenses and Warrantv: a. Assignment of Order: Buyer may assign the Order to a third pa rty only with the written consent of Seller. If Seller agr ees in writing to the assignment then Seller has the sole right to chan ge the original confirmed shipment dates, otherwise the terms and conditions of sale remai n consistent with those of Buy er at the time of the assignment. In the case of an ap proved assignment the original Bu yer remains obligated to pay any and all reschedule fees imposed up to that time. b. Assignment o f Licenses a nd Product Warrant y: All licenses and Product warranties are pr ovided to the original buy er an d are not assignable. If th e Product is disp osed of, transferred outside of the Bu yer's facility, sold, donated, or an y other way ownership is transferre d the licenses and warranty related to the Product will terminate immediately. 1 S. No Solicitation: Buyer agrees not to solicit nor hire an y person in the emplo yment of Seller until tw o years after t he acceptance of the Produc t without the prior consent of Seller. Buyer acknowledges that such loss of employees by Seller to Buyer would cause financial damage to Seller. 19. Confidential I nfarmation: Buyer recog nizes t hat Seller h as or will disclose Con fidential Infor mation (as defi ned helo w) belonging t o S eller or to third partie s to whom Sel ler is under an obligation not to disclose such Confidential Information except to certain authorized parties, such as Buyer. Buyer will use the same standard of care to protect Seller's Confidential Information as it uses to pr otect its own proprietary information. Buyer shall have no right to copy, reproduce, or disclose Confidential Information to at hers in whole or in par t a ny of t he ab ove without th e p riar written permissio n of Sell er. This pro vision sha II na t s upersede an y RFP 5156 EXHIBIT D active non-disclosure agreement between Buyer and Seller. As used in these Terms, "Confidential lnformation" means any of Seller's proprietary information, technical data, ork now-how (including, but not limited to, information relating to Products, Product design, Productsoftware, operating manuals, Services, engineering, marketing, customers, pricing, orsales processes) disclosed by Sellerto Buyer either directly or in directly in any form whatsoever (including, but not limited to, i n writing, in machine readable ar other tangible form, orally or visually). 20. Apalicable Law: The contract is governed unde r the laws of the State of Wisconsin, USA, without reference to conflict of laws principles or to the United Nations Convention on Contracts for the International Sale of Goods. The exclusive jurisdiction and venue with respect to any action arising out of or related to the purchase of the Product or Services shall be in the courts of the State of Wisconsin, and the parties hereto expressly su6mit to the jurisdiction of said courts. End of Terms and Conditions Trachte, Inc. * 422 N. Burr Oak Ave. * Oregon, WI 53575-3102 RFP 5156 EXHIBIT D O Y011l• �'�trtner fo►• Biiildiit�; �% 5I�elier 5olutioits C/O Trby Electricaf Disiribuiors 7125 Belton St. Far�t Worth, TX 7611$ RE: City„of Dentan Small Sabstafion Buildin� Praiect January 29, 2013 Good Aftarnoon, We are pleased to supply specifications and quotation for the aforemenfioned project. Item #i: Control Bailding (Quote # 654$) Design, manufacture and deiiver (lea} fully preassembled, all steel, non combastible, insulated control building with a structurai steel floor option. The exterior frame dimensions will be 14' Q" wide g 24'-0" lang wit� a 14'-3/4" interior etear height, This price inciudes the building as described above along wi#h interior/exterior/emergency lighting, rece�tacles, house distribution panal, exi�aust fan and HVAC system, This building would be constructed and permitfeci to the Texas State prefabricated building standards if applicable. It wili be furnished.wi#h PE stamped drawings for the State of Texas. Anp re�uired local permitting of the foundation and services to be obtained by others. A more detailed specification can be found below, U1vITPRICE, �.O,B. Denton,TX .................................................$144,327.Ob Site Services by Trachte See de�iniiion & conditions betow Freight and Staging See definiiion & condifions belaw o�tional Primax Battery Charger (ail opfinnsj Upt�onal Primax Approved Batteries (30AH) Optional2' Suitding size Increase Optional2' Building size Aecrease Quote Validi#y - 80 days I:i��7�F'f^: Not Included Included add $15,559.00 add $15,081.00 add � 3,959.00 deduct ($1,663,00) EXHIBIT D Lead Time; Please call for �„roduction Schedule based on a specific proJect order date. The estimated production time for this project is 6-7 weeks from frnal approval. The production start daie will depend on the production schedule af fhe time of order. Shipping transit time is approximately 3 business days Above �ric��ig subject to Truehte stari�lm�ri terms & cortditio�is of sa7e. (see belory). Trachte is a Vetaran Owned Small Business, with moxe than 10,400 control buildings manufactured, including past perfor�nance in the Pawer Transmission & Distribution, Telecommunications, Pubfic Utilities, Defense and many other state and federal agencies. If you have any questions regarding this quo#e or any other needs please contact me at any time. Thanking you in advance far your consideration, Please visi# our websites at: trachteusa.com t-rams.carn trachteglobai.coin RFP 5156 Site T�chnician - EXHIBIT D Definitic�n & �anditions This quofation may include an option for Trachte to furnish a site technician only in lieu of complete site services. In this case the technician's role is to assist or direct customer furnished labor and equipmen# in tasks whrch may include the offlaading, placement and anchoring of a building, piacement and assembly of muiti piece buildings and reinstallation of factory installed itams which were removed for siiipping. Tasks may also include the assembly of panelized c�mponents in reiation to the T-RAMS product line. The techn9cEan will only be equipped w+th basic PPE equipmen#. AU other iools, equipment, labor and site safety re�uirements will be the responsibility of the customer,The presence of a site technician durang the set and reassembfy of a multi piece building is the minimum requirement to main#ain the Trachte warranty. Complete Site Services - Definitien & Conditions This quotation may include an aption for Trachte to furnish complete site services �n relatian #o the offload, anchoring and weatherproofing of the building a�ong with #he instaAafion of factary insta(led parts that were removed for shippi�g. This price wifl include the labor and equipment #o offlaad the building based on the conditions below, Trachte's site s�rvice c�uofa#ion was developed from #he information available to us at the time o# quote and is based on: 1. �uilding instailafion by Trachte's Non-Union site crew 2. Adequate all-weather site aceess to accommodate a semi tractor with irailer and building loa� and the crane to drive into the site and adequate soil condifions to stage crane for lift, This includes a suifable site access road with adequate approaches wiihout width and height abstructions, ie, tree branch�s, overhead power lines, gates; fences, trenches and berms and a broad enough radius within the substation to stage for #he fi�t., 3, A site vFSit by Trachte personnel or the crane serviee was not done at the time of the quote. The crane servlces quo#ed are based on a 40` radius for the crane reach to determine ihe appropriate crane size required. All charges for additiona! services, laF�or, andlor equipmen# required will be passed on to and paid by the c�stomer. �4. Trachte Es not responsib[e #or any damage to the g�ound surface, i.e. asphalt, concrete, grave! etc. during placement af the building due to the crane, semi�tractor or trailer. 5. Minimum personal protective equipment to include hard hat, steel toe boots, safety glasses, and fall pro#ection. 6. Site service work musi be scheduled at least three weeks prior #o dafe building is required on si#e. RFP 5156 EXHIBIT D This quote does not include: 1. Drug te�ting by our empfoyees or subconfractors under our confract before they get to fhs site to perform fhe site service wark. 2. Site safefy training by our employees or subcontractars under our contract prior to performing ihe site services. 3. Certified lift plan. �. Load tested spreader bars If any of the above liste� site s�rvice items are required or any the above site conditions are not met any additional costs will be passed on to the customer in the farm of a change order. Estimated Freight and Staging - Defnition & Conditions This quotaiion may include an opfion for Trachte to furnish the freighf for the building fram the Trachte dack to the customer site. If furnished this prlce does not include any offlaading of the building at fhe si#e location, This priced is based on a quotation obtained by Trachte at the fime of that this quote was generated. Due ta the possible lag #im� between fhis quotation and arder, permi�ting, design, approval and productian of fhis building this quofation is subject ta change. This quote does not include: 1. Drug testing of drivers or escorts under our contract before they get to the site to perForm the si#e delivery services. 2. Site safety training of drivers or escorts under our contract prior to accessing the site. 3, Excess(ve lag time at the site. Site coordination should be such that the trucEc can be unloaded in a reasonable time wi#haut waiting for the arrival of equipment or personnel provit�e the deiivery is on the previousiy agreed upon schedule, If any of the above listed site service items are required or any the above site condifions are not met any additional costs will be passed on to the custamer in the form of a change order. RFP 5156 EXHIBIT D BUIE.DING SPECIFICATIONS: lrby Electrica( Distributors Ciry of Denton SmalJ Substation 14`x24'x10'10" finai Site Location; Dentan, TX Delivety Locativn: Denton, TX SCOPE Provide One factory built, pre-assembled, all steei, noncombusfibfe building by TRACHTE INC, to inciude tha building, and any pre-installed efectrical and HVAC if listed. TRACHTE wi�f provide all building anchor bolts and plates, D�SIGN REQUIREMENTS The structur� design and rnanufacture shall, as a minimum, conform to ASCE {American Society of CiviE Engineers) "Minimum �esign Loads for Buildings and Other Sfructures" and the MBMA (Me#al Bullding Manufacturers Associatian) "Recommended Design Pracfices Manuai". The specified TRACHTE buifd�ng shall be desig�ed to suppart the following loads; LQADI1dG Roof Load: L.ive / Snaw l.oad: Ceiling Dead Load: (Ice Missite Protection) Impacf Load: SNall VUind load {MPH) Floor Liv� Load: Battery Area Load: Seismic Zone; Engineered State PE Siamped Engineering Calculations and Drawings: (Electrica) Engineering not reqd. for approvals & noi included, available for additional charge) State Approvaf Seal: APPROVAL DRAWINGS A Structural an� Electrical set of "Approval D�awings" shail be submitted. These will be in PDF format (Adobe Acrobat), showing the building floor plan, . dimensfons, elevatians and location af all primary accessories included wifh the building. Drawing forrt�af shafl be 11" x'l7° prints andbr E-Mail fifes using WinZip. "As Bt�ilt" Drawings wii� be sent out upon shipment of the building in P�F format and ! or paper capy. A paper copy will also be enclosed with the "Operations and Maintenance Manual". Drawings are created in AutoCad2007 Format and are available upon requesi, RFP 5156 Trachte Quote # 6548 PS�' 64 40 20 No 125 250 300 C Texas Yes Yes STANDARD Rel. Date 091291'13 EXHIBIT D GENERAL BUILDING INFORMATION Building shall be a pre-assembled, metal-framed, noncombustible building by Trachte, I�c. Oregon, Wiscons�n. Buiit to size and with accessaries fisted below: Building Frame Size: Interior Dimensians: Outside Building Shipping �imensi4ns: Approximate Buil�ing Weight: * Above shipping height does not include fraller height. D�SGRIF'�ION NOTE QUALITY ASSURANCE The Manufacturer's comprehensive compliance conirol program follaws the building through all phases of prod�ction. Building shall be manufacttared fa satisfy current state manufactured building }�rog�-am rules, regulations and codes (e.g. IBC International 8uilding Code) and the NEC (National Electric Code}, Weld Connections shall adhere tfl currentAWS D�,1 and D1,3 Structura! Welding Codes, Trachte Southeast, �astanollee, GA is an ISO 9009:2008 registered company. WARRANTY Tf�e Kynar 500 Paint finish on Metal �x#eriors and Roofing has a F'orfy (40) Year Warranty against flaking, peeling and checicing, and a Thiriy (30} Year Warranty against fading and chalking. Galvalume subsirate has a Twenty-five (25} Year Warranty against rust pertoration. TRACHTE guarantees the complete building from de�ects in maferials and workmanship for a period af Two (2) Years, except as limited by the ariginal equipment manufacturer(s) of component parts. Detailed informafion available at www.kynar500.com. Included with this bid is a five year guarantee on the air conditioning and heating systems. Foundatiort Design Foundation Design is by Custamer. Trachte wi�l need ta knaw size & design of foundatior� so thaf Trachte may finalize the floor design and provide the correct anchoring material. 7he drawings will include a foundation design based on customer feedback. Building Siructure is assembled on a"Steel Flaar", The Steel Floor is designed to be supported and anchored to a Pier foundation. Base Frame Design STEEL FLOOR - Base Frame (Deflection limit = L1240) Rodent Barrier - Under Floor �arrier - 26ga. Galvanized �nd WaIlPerimefer Channel Side Wall Perimeter Channel Intermediate Support Beam 14' x 24' x 9 0'10" 13' 1 1/2" x 23' 1 1/2" x 10� 1 �� 14'8" x 2�'4" x 13'2" 24,'f 00# S Foundation By Others SF G10x20# 50ksi C10x30# 50ksi W8x40# 16" Maximum (12" maximum - battery F[oor joists - 8" x 2 1/2" x 12ga HR area} Pick Plate 9/2" thick - Heavy Duty Exferior Lif# - 13,600# per point Bolt, Pick Plate - 3/4" x 3" Hex Head Cap Screw - Grade 8 RFP 5156 QTY C� 336 2 @ 24` 1 @ 94' REM4VA8LE 4 EACH 12 EXHIBIT D HD Lif#ing, Reinforcement Plate 1/4" x 18° -(welded #o perimeter channel} HD Lif#ing, Reinforcemenf Strap -1/�4" x�" Steel Bar - Across Width of BLDG. Anchar Plate - 3" x 5" x 3/8" w/5/8" bolt hole - Galvanized Anchar Bolf - �/2" x 4" - 12,000 Shear Streng#h - HardenecE Steel, Zinc Piated Caufk - Sificone clear - Sill Sealan# Fioor Openings required #or cabfe entry. Floor openings are as !is#ed: (1 for floor drain (floor does NOT slope to dra'rn)}. Any changes in size, location or quantify for framed openings shall be cansidered on a ease-by case basis, and dane as a change order. Floor deck to be continuausly welded. � Decking, Steel Piate -'fl4" -1�.21#ISF - Non�Slip Pain# - Welded ta �loor. Touchup Paint wlActuator - Floor (3 Gal per 20nSF) Bass Frame - Paint System Sherwin-Williams lndustria! Macropoxy 646 Fast Cure Epoxy. This self-priming catalyzed system is designed to provide an extre�neiy durable, VOC (EPA Method 24) complian# coating, Suitable for heavy industriat, severe coastal, off-shore or chemical environmer�fs where superior corrosion protection and resistant to fading is required. The pain# system has a minimum �ry Film Thiekness, per caat of 5-7 mils. Truss anc[ Structure Desig� STRUCTURE: Building will be compased of 12ga, 14ga and 1Sga (4"} galvanized steel for "Channel frame" framework. This framewark will include Pos#s, Base, Girts, Eave Struts, Purlins, Post Bracing and Connecting plaies. Framework #o have a flush waEl, post and beam format with fulf trusses on both end walls. These end wall trusses will easily allow t'or future expans�ons and/or rnodificatiorts. Fall pratection - Single person, sfainless steel D-ring anchor �oint assemblies bui(t into the roaf, designed to meet fhe OSHA 1990.66c requirements for fafl pratectian. Gable Raof Design Truss - FuU Solid Web Design - Hoi Rolled Truss Heel Heigi�t - in inches Rflof Pitch Exterior Wall Design Architecturaf Steel Ribbed Panel is �verlapping and fastened wlth self-tapping fasteners wiih washers. Paint finish is a baked on Kynar 500 PVDF resin based coating over.t�e Galvalume sheet, customer's choice of standard "Trachte" caiors. 18ga, Mega-Rib Wall Sheet, 36" wide, � 1J2" Rib (Colors available: Ash Gray or l.ight Sfone 4NLY} Roof Design Architectural Steei Ribbed Panel is overlappang and fastened with sel� fapping fasteners with washers. Paint finish is a baked on Kynar 500 PVDF resin based coating over the Galvaiume roof shee#, customer's choice of siandard "Trach#e" colors. Rib Clasures are focated at afl required locations. Full ridge caps on ail buildings, except single slope designs. Roof �verhang - Standard 4" 18ga, Mega-Rib Roof Shee#, 36" wide, 1 112" Rib (Colars Available: Ash Gray or Light Stone ONLY) RFP 5156 EACH EACH EACH EACH EACH EACH EACH SF GALi.ON �ACH 2 12GA 8 2:12 SF SF � 2 14 14 8 1 336 2 C� 799 336 EXHIBIT D Bailding Accessories Wall 4penings are #ully Framed, Sleeved, Trimmed, and provided wit� a Drip Cap. Pe�forated closer for gabie end veniilation at each end waf I for attic ventifation Rain Hood Over poors, HVACs & Cable Riser Insula#ian Design Floor lnsufation (Tota1 fioor insalafion value at right}; - Rlown-In Cellufose Insufation- R-VaEue at Righ# -1" Dow Blue Soard - R-5.2 Wall Insutation (Total wall insulatian va�ue at r�ght): - 3 112" HD Fiberglass Batt x 24" - R�3 -(180 SF/pkg) -1 1/2" Fiberglass Wall Blankei Insulation - Therma! Block Between Steel � Visqueen Vapar Barrier - 4 Mii Thickness (Sarrier is located on the inside of the building framework.} Roof ! Ceiling lnsulation (TotaE insulafior+ value at right): Biawn�in Cellulose Insula#ion -1 1I2" �iberglass Wall Blanket Insulation - Thermal Block Between Steel - Visqueen Vapor Barrier - 4 Mil Thickness (Bar�ier is located on fhe inside af the building frameworic.) lnterior Wail Finish 22ga Steel Liner PaneE with Galvalume substrate, Roll-�armed, Regal White Ky�ar 500 I'aint - Flush fit design w/concealed fasteners Full Interior Trimmi�g - Corner and �loar - 2�ga, Regal White Wall Li��r Rein#orced wifh 16ga 6" Wall Hat Channel as neecEed for equEpment suppori 3/4° AC Plywood telecommunica#ions board mou�ted on wall, painted. In#erior Ceiling Finish 22ga Liner Panel wifh Galvalume substrate, Roll-Formed, Rega{ White, Kynar 500 Paint. -�lush Fit design w/conceafed fasteners. Reinforced wll6ga 3.25" Ceiling Hai channel as needed for Equipment Support Full Ceiling Edge Trim - 24ga Regal White Door Design 1 3/4" Thick Doors and Frames are ho# dipped galvannealed to ASTM d�signations A924 and A653 then factory primed and painted with Acryfic Urethana Enamei. A11 exterior doors have a top of door Watershed, Drip Cap extending 3" pasf each side of door, Sweep, Weafher-stripping ar�d Threshold. Singie Doar - 310 x 710 Single Doar - 4l0 x 8lQ 18ga Door / 16ga Daor Frame - Standard Standard Door Insu�ation (R-a - Polystyrene} Door Lighf Kit -10" x 10" with wire glass, non-insulated Fire tags - single door 3 HR Hinge - 4 1/2" NRP - SS (32D) - Balf Bearing (BB51) Hinge Heavy Duty - 4 112" NR� - SS (32D) - Sall Searing -�or 3/6 ar wider doors. Hinge Pivvi - Hager - J253 HD surface - For 31� or wicfer doors. Fire Rafed Door closer (N4 HO�.D OPEN AI,LOW�D) �.GN 4'f 11 EDA (up to a' doar) Panic Device, Von Duprin - 22 Series Size 3- Rim - under 48" Door width Panic Device, Von Duprin - 22 Series Size 4- Rim - 48" Door width and above RFP 5156 � LOT 1 4' x 5' S R-35 � 1 R-30 � SF 336 R-19 9 SF 773 SF 773 S� 773 R-38 'f R-38 1 S F 336 SF 336 SF 773 LF 116 EACH 18 4' x 8' 1 S� 336 LO7 1 1 EACH EACH �ACH �ACH EACM �ACH EACH EACH EACH �ACH EACH EACH 1 1 2 2 2 2 3 �l 1 2 EXHIBIT D Exterior Handle Type: Thumblatch Pull with Cylinder Lock Lockset Type: Keyed Lockset Core Manufacturer: Best Stainfess Steei Pull Nandle mounted to the inside of the door. Cable Tray Section Cable Chase Riser, Exierior - 14ga Galvannealed Painted - Includes Cable Tray Ca�le Chase Cover - 22ga Gafvannealed Painted - 2-piece, w 3/8" Stain�ess Steei Wing nuts Cable Chase Adjustable Slee�e -14ga GaEvanneaEed Painted - 15" Ve�ficai Siide Aluminum Cable Tray, rung ty�e. Ins#alled on threaded rods and suspended from uni-strut, mounted to ceiling. CabEe Tray meets N�MA class C minimum requirement of 100# PLF UIVI-Sfruf,131�6" 12ga So1id - With Hat Channel Ro� -112" Threaded steel Spring rtuts 1/2" - Use wifh rods B-l.ine, 6" Deep Cab1e Tray - 9" Rung Spacing 12' Straigh# Sections of Cable Tray 90 degree Horizonfal Bend horizontal "T" Hangar Rod Ciamps used on each rod Ca#�le riser supplieti with fhis bid is 30° deep and has 1" rigid insufation glued to inside of riser (stanrfard Trach#e cover wit� wing nut to close, no hinges), Ladd�r dr�� f#s far 24" tr�y �4 ris�r. Shipping and Siie In#ormatfon Maximum Shipping Width: I�efivered Or�ly by Trachte Esiima#ed Number of Truck Loads Required: EACH EAC H EACH �ACH 2 2 2 2 EACH 1 EACH � EACH 1 l.F 8� EACH 26 EACH 26 24" Wide 4 24" Wide 4 2 @ 24" Wide 2 EACH 26 EACH � EACH 9 14�$,� Items that Exiend Past Ex#erior Trim: �Include item and Location: Sidewali or �ndwall) HVAC - Side Wall �Two) Shipped Loose At#achad by Others on Site Cabie Riser- Side Wail Shipped Loose A##ached by Others on Site Canopies over doors, HVACs and cable risers Attached by O#hers on Site (Five) Shipped Loose RFP 5156 EXHIBIT D Optianal Designs • Trachte ta supply batfery system (not included in base bid} • Trachte to supply b�ttery charger (nof included in base bid) • Trachte to supply optional feature for battery system: RS232 read/write with DNF'-3 (not incfuded with base bid) • Trachte fo supply optiona! feature for battery system; Battery Imbalance Alarm (nat incfuded with base bid) • Trach#e to supply optional feature for battery system: Battery Partial Gapacity Tester (not included with base bid} • Trachte ta supply optionaf feature for battery system: Battery Continuify Tester (not included with base bid} � Trachte io reduce length by 2', making buildin� length 22' • Trachte to increase lengfh by 2', making building length 26' RFP 5156 Option A Opfion B �ption C Opfion D Optian � Option F Optian G Option H EXHIBIT D Exceptions To Customer Specifications • Freight is an estirnate only based on quo#ations as of this clate, and is based on final site location being Denton, TX, 8ecause of the fluid nature of freighf/fuel prices and no eonfirmed fimes of order the pricing may vary up or down with each order. • Trachfe to suppfy a five year warranty on #he buifding and a five year guarar�tee on HVAC and heating system only. AII ofher elscirical componer�ts are per OEM warranties only.. • Trachte desig�ed buiiding using their standard 4" channelframe cons#ruction. + This is post and gi�t skeletal construction as opposed to that specified. It will meet or exceed to required loading. • Interior wall and ceiling liner panel supplied wifh this bid is 22ga. Wiih 16ga hidden reinforcemen#s as reauired. Ceiling has R-3S insulafion, which is a requirem�nt of Texas's Madular Building approva! program (Trachte cannot provide lass #han R-38 for a roof delivered in Texas), • Fioor has a� 0" thick channel. • 18ga Maga Rib panel used in thEs bid is 3�" wide (#his is not a standing seam type panel). Panel is vverlapping and does not require Caulking at the seams {Trachte used their standard method to ensure weather tighfness). • 4n{y tfoors have a fire fag (Building does no# have any fire rating at this time}. Applying fire tags to doors limifs the available options for the door. If a fire tag is requfred, the closer cannot have a hold open feature, and wirtdow size is limited to 10" x 14". • Cable risers supplied with this bid uses Trachta's standard; covers which are attaahed using wing nuts. Trachte matched previous Denton job and made the riser 30" deep and insulated riser with 1" rigid insulaiion. • All sheeting in this bid has a#acfory applied Kynar 500 paint finish available in standard colars based on sheeting fype. 18ga Mega Rlb is available in Ash Gray or Light Stone o�ly untess speciai ardered at addi#ional cost and lead�time. Floor �ses Sherwin WHiams Macropoxy, Undersic{a of floor has a galvanized steel shee# rode�t barrier, No additional undercoatin� is required or included. • This �specification reflects Trachte's best interpretation of supplied infvrmation at fhe time of bid. Trachte assumes cus#omer will perfarm a de#ailed review Trachte's specification to insure that Trachte correc#ly interpreied #heir sco�e of work far this hid and requested any noted changes prior to acceptance. SPEC Section p.4, IV.D, p.8, VIl.N.4 p.7, V.J p.�2, VII.G.4 p.12, VIl.G.7, 70, p,14, VII.L, M p,13, VIi.H.1 p.'i3, Vii.J, K p.14, V11.4 p.�5, Vii.P p.17, VII.T ALL End of TRACHTE "Bui[ding" Specifications NOTE: Please see the �lectrical Exceptions and Notes following t�te Trachte �lectrfcal Specifications RFP 5156 EXHIBIT D iRACHTE EL�CTRICAL SP�CIF'1CATIONS Codes A!I grounding, workmanshEp and materials shall con#orm, as a minimum, to the 2411 (NEC) Nationa! Electric Code. Conduif All conduit shall be Electrical Thin Wali (�MT) except service runs which are PVC, Afl interior Junction Baxes are NEMA 1 with flexible me#allic conduit used for motor and fixture connections, AI! wiring and conduit is su�Face maunted. Runs are tight io the walls and ceiiing. Conductors Conductors shall be 98% conductiviiy copper wifh 600v insulatian, THHN, sized as required, 12ga. minimum for line voltage wiring, 18ga. for alarms. Descriptian Interior Lighting Light Fixture Fluorescent - 4` - 2 tube - 64w - electronic ballast - Zero degree cold start Emergency Lighting Red L.ED �xit / Emergency Light comba - 90 min, backup - dual head Exterior Lighting Lighf Fixture - Wall�ack - 70W HPS l.amps Lam� - Fluorescent Tube 4' - T8 - 32 watt � Rapid start Lamp - 70 Watt - High Pressure Sodium - HID 5witches Switch - SP - 2Uamp - Ivory -(Fan disconnect) Switch - 3 way - 20amp - Ivory -(lighiing control} Handle Guard -_ single toggle switci� Receptacles Receptacfe - Dupiex - 20ampl125vo{# - Ivory Receptacle - Tamper resistant duplex - 20amp1125volt - GFCI � Ivory Receptacle � Exterior weatherproof in use rated - weather resisfant - Yamper resistank duplex - 24amp/125volt - G�CI - ivory RFP 5156 Ma�ufacturer Daybrite Ecanolight quality lighing Mfg. Part # QTY OWN232-UNV- 6 1/2-EB �-XMDRB2W 2 3-1-3-70-NL.X-L- 2 P110A-TDB-1 GE �32T8/SP491EC0 12 GE LU70ME� 2 Hub�ell HBL12291 1 Hubbell HBL12231 4 . Square D 2510FL1 1 Hubbell HBL53621 Hubbeil GFi'R2QI Hubbell GFTR201 0 2 2 EXHIBIT D Control and Alarms Timer - SPST - 24hr � 14 ON-OF� settings - batt.. Backup (#an confrol) Hydrogen Gas Detector - w/ form C con#acts -(fan control) Remote test for Hydrogen D�tector cable - 25ft - far remote Mounting box for Hydrogen Gas Defec#or Enclosure - Type 1- Latch Cover -16" x 16" x 6" Panei - 13" x 14 9J2" TERMWAL BLOCKS 12 P�INT Ventil�tian Exhaust fan 10" - 585cfm - backdraft �amper attached Complete with a weatherproof hood and insect screen HVAC Sys#em HVAC - 2 fon -101cw #�eat - 240V/1 - LowlHigh Pressure & I�ow Ambfent Control � Alarm relay Supply Grill -1.5 - 2 ton Return Grili - �,5 - 2 ton HVAC Discortnec# - NEMA 3R � 240VAC - 6aA - Single Phase - GFCi Receptacle Weafher resistant - In-Use Rated Mast�r Contraller - Multis#age � two unif lead lag thermos#at controller - base alarm board See notes artd exceptions regarding HVAC selection Distribution Paneis and Circuit Breakers A,C, Pane�b�arc{ -120/240VAC 9 phase - 200amp main breaker - copper bus - 9 OkAIC � 42 space Enciosure Cover wif� daor (2) Breaicer - bolt on - 2 pole / 60 amp {1) Brealcer- bali on - 2 pale 150 amp (8) Breaker - balt on - 2 poie 130 amp (2) Breaker - balt on - 2 pole / 20 amp (16) Breaker - bolt on - 1 pale / 20 amp D.C. Panelboard - 125/250VDC - 950 amp main breaker- capper bus - 10kAIC - Enclasure Cover wit� doar (1) Breaker - bolt on - 2 pole / 50 amp (8j Breaker - balt on � 2 pole /3Q amp (11) Breaker - bolt on - 2 pofe / 20 amp RFP 5156 (ntermafic ET110�C Arrgh HGD-DR Arrgh H2-REMOTE Crouse-H'sncls Hoffman Hoffman Konnexi Dayton Bard Bard Bard M idwest TP629 A96N16ALP A16N16MP UA-ES-12 9HLA1 W24A1- A10XPXXXJ SG-2 RG-2 U065PQ10 Bard MC4000A Square D Square D Square D Square D Square D Square D Square D Square D Square D NQ MH50BE NC54S QOB QQS QQB QOB QOB I-l.l NE Square D HC2683B Square D HCN83TSD Square D FA Sc�uare D fA Square D FA 1 1 1 1 1 1 1 36 1 2 2 2 2 1 1 1 EXHIBIT D D.C. Panelboar� - 125/250VDC - �50 arr�p main breaker - copper bus -10kAIC Enclosure Cover with door (1) Breaker - bolt �n - 2 poie / 50 amp (9 �) Breaker - boit on - 2 pole / 20 amp D,C. Panelboard - 125/250VDC -1 �0 �mp main breaker - copperbus -10kAIC �ncfosure Cover wifh door (8) Breaker - bolt on - 2 pole / 50 amp (20) Breaker - balt on - 2 pale 120 amp Service Equipment Disconnect 8witch - NEMA 1- 244VAC - 100amp - 3 wire ground kif assembly Fuse - 240VAC - 200amp - time delay - Class RK� Manual Transfer Switch - NEMA 1- 200amp - 240VAC - 2 pafe - wlneutral Wireway - Around Perimeter Near Ceiling, Wireway � 4" x 4" x 120" - w/o KOs - Sorew Cover - NEMA 1 94 Degree Elbow � 4" x 4" - inside opening - NEMA 1 U-Connector - 4" x 4" - NEMA 1 Grountfing Ma#erial Vlfire -#2 - Bare - 7 Strands -(Equipmen# drops) Wire - 4/0 � Bare - Copper - Siranded -(ihrough the entire cabfetray and drops to ground pads) Grour�d Bus Bar - Silver Caated Copper -1/4" x 2" x 144" - (Arvund enfire perimeter} Splice Plate - Sifver Caated Copper - Ground Bar - Sfra�ght - 1/4�� X 2�� Splice Pla#e - Siiver Coated Copper - Ground Bar - 90 degree-�I4"x2"x3" Ground Pad - Copper - 5" x 4" x 1/4" -(TINC) -(bolted) Safety Equipment �ye Wash Sfatian - Gravity fed -�6 gallon - self-contained - Porta S#ream !I Water preservative - Soz 4 will preserve 16 gallon RFP 5156 Square D Square D Square D Square D Square D Square D Square D Square D Square D Square D Square D Square D Bussmann Square D I-LINE � HC26836 HCN83TSD FA FA I-LINE 1 HG2693B HCN92TSD FA FA DTU223 1 DT100SG 1 FRN-R-200 2 82254NW 1 Hoffman F44T1920GVP 9 Hoffman F4490EIN 4 Hoffman F44GUC 1a Storm Sform 5torm Harger F'orta Stream II Fend-All BARE-CU-SD-2- 7STR-1 K-CR BARE-CU-SD- 4/0-19STR-1000 GB-CU-Q250- 2000-144-Q-SF SPLIC�-CU- o2so-zooa-Q-s� EL-CU-80-oz�a- 2000-Q-SF G61�445TINC 23a 1 1100 40 92 7 4 4 2 1 �cir�r�.� Desi�n Notes Add '18 pieces of 6" hat channel support (@ 10' lineal feet each) Add e(ectrical pans All circui# wiring will be done using sfranded copper conductors with type THHNITHWN insulation. The HVAC included in this quote t�as R410A refrigerant. (Green Ref�igerant} Interior Ifght quantity is based on MAXIMUM allowabis wattage for final site locafion, in addifion muifiple switches may also be includec! to achieve 50% lighting red�ction when required by state regulatians. Exhaust fan included ir� this bid has been sized per minimum requirements for building/room size. � Exhaust fan wifl use the m�torized louver from the HVAC unit as the intaks Eyewash is a self-contair�ed wafl maunt unit. - Best Lig}�ting Products are manufactured outside af th USA, Traci�te shafl provide an equivaient fix�ure. - Primax Technologies batfary charger is manufactured outside the USA, - intermatic Timer is manufactured auiside of the USA. Eiectrical ExceptionslNotes to Customer Specifications HVACs listed are base� off of Trachte's standard HVAC siz�ng program. HVACs ha�e been sEZed for approximaiely � 6,Oq0 btu heat gain from equipment, Trachfe shall nat be respansibls if additianal equipmenf is added. lnterior lighting is designed to meet state lighting regulat�on and may not meet customer specified lighting level. The focatian of all service equipment is assumed to be in the same vicinity. Any variance from this could result in a cost adder. Customer to use Trachte's specificaiion to de#ermine 7rachte's scape of Graunding. Addi#ianal Grounding shali be treated as a change order if required. This specification reflects Trachte's best interpretation of s�pplied informafian a� fhe time of bid. Trach#e sxpects customer to review Trachte's specificafion ta insure that Trachte correctly inferpreted their scope of work for this bid. Items suppfied an� installed by others include the below Et�ms. - Relay Racks, SCADA racks - Termination cabinefs Ptease see the bullding exceptions and notes iollowing the 1'rachte bu[fciing specifications. RFP 5156 Reference: EXHIBIT D General Terrns & Conditions 1. Genaral: Selfe�'s otfer to sell and Sellers acceptance af any orders and/or Ilne items of orders (collectively "Orders'} submitfed by a potenUal customer {"Buyer' j for producEs of Seller ("Prodects") or services oi Seller ("Servlces') are expressly candittoned upon 8uyer's acceptance of these terms and condfGons {"Terms"). Seller shall nof be bound by Ihe terms and condlUons set forlh�in Buyer's Orders. In the ease ot discrepancy or contllct behvean Orders and these Terms, lhese Terms shall control. In the event of addltfonal terms conlatned in Orders that are not expressly acknowledged and accepted by Selier, such lerms are expressly rejeCted. 7hese Terms shall supersede all.prtor communlcallons behveen Seller and Buyer Incl�ding but not Itmited to Orders and verbal quotaUons aad will constitute a binding contract hetween Buyer and Seller, which can only be modified by mulual written consent of Buyer and Seller. 2. 5hinment and Provision oiServiees: a. Seller wili attempt to compEy with, but In no case will guarantee, a Product's shlpmant dafe or the date (or edmpleUon of Servlces, Seller shal! have no liability for loss, damage, delays or ineblliry to shtp or Inatail Products ior reasons beyo�d ils conlrol Including, but not Hmited to: Acts of God; flre; flaods; war embargoes; labor disputes; acls of sabotage; tiots; accidents; def�ys oE Carriers, subcontractors or supplters; volunlary or mandatory compliance with any govemmental aci, regulaUon or request; shortage of labor, materEals or manufacturing facilities. Seiler reserves lhe right [o prorale shipments against all Qrders whenevar It believes an oversold slluaUon exists. in the event of default by Buyer, Sellet reserves !he right to postpone, cance! or deny the provision or sale of Products or Services to Buyer without waivJng any of Ils rights underthe Order. b. Adequate all•weather site access Is reqnired to permit a semi•fractor wfih Uafier and the buAding load, to ddve tnto ti�e sfte ar�d stage. 7his requfres a suitable site road sarface an8 a drive entrance with a broad enough radfus and approaches wllhoul width or hefght obstruciians, i.e. tree branches, 6uildings, power lines, ata c. Se11er is oot responslble !or damage to the graund su�face, t.e, asphall, conerete, gravel etc. during ptacement of the bailding due �o the crane, sem3-tracfor orfraller. d. The customer or thalr agent w1JI stgn the BiIE oi Ladfng upon deUvery, lndicaUng acceptancs of lhe building ir� sallafactory condfHon. I( the customer or iheir agents are not present to slgn for the bulidfng, the customePs acCeptance is aulonlatically implfed and rights to contesl the bullding condltion, at Ume of delhrery, are abrogaled. e, In some cases, completed bufldings will be stored 1n Seller's yard at no charge tor up to 90 days. Uniess prevlous arrangemerris have been mada, buitdings s{ored bayond 90 days wlll be assessed a storage fee of $150.W per monti� per modute. Trachte reserves the rlght fo refuse storage and will pass on aEi costs associated wl�h handling crane, moving charges etc. incurred because of a customer delayed shipment. 3. Psssaae of 7ltfe: Ali Produots are shipped irom 5elfers location at 422 iV. Bun Oak Ave, Oregon, Wisconsin, or alternate facfory locatlon it designafed by Selfer. Bayer is solely responsible for payment ot frefght, dutfes, handling and catlage and, uatess ot�ervvise specifled by Bayar, Ihe Seller shal[ determine method ot shipment and olher mattera relating fo shipment A delEvery quote will be provlded, or the customer may arrange tor their awn bullding delNery. For bulfding loads over a ceriain heighf or width, Seller reserves the right to provide a freighi "eslimation" on1y. The actual del�very charge wll! be billed aRer dellvery at cast plus 10°!0. Site servlces, �[ appiicabla, will be invoiced separaiely at time of b�ilding delivery. Title io the Ptoduct, and all risk of loss or damage to such Product, wUl pass to Buyer upon defivery of lhe gooda io the carrler. B�yer is advised to insure the ProducE for its full repfacement value. For Buyer's own profeciton, It is urged that the ProdUCt be carefully tnspected immediately upon recelpt and fr� the event of damage, aoitce of claim be filed with the carrisrwit�oui delay. Such notice shoeld aiso be gtven to Seller, so that Seiler can assist Buyer In cla(ros against the carrler, in no event shall Selfer be deemed to assume any liabiJlty in connec8on wiit� any shlpment, nor shall ihe carrier be construed as an agent oi Sellei. Ali afaims of loss and damage are io be flled with the carrier and not Seller. 4. rice� Tf�e final price is to be documented En a written formaf quota�orl signed by an aulhorized employee of Seller, In no case will verba! negoliaQons or quotasions be considered as the final price. In the evenf oi dEscrepancy between the prfce on Ihe Order and Seller's written quetalion, the price on Ihe written quotatian wilf conVo►. In na case will BuyePs cost to prepare Its iac(Ilfles for the P�oduct or Services be Inciuded in the price unless speclfically specffied in the wririen quotation, 5. Chanaes To Buvers Reaulrements: Bullding orders are no! Initiated untfl a slgned Customer Purchase Order or signed Seller Sa(es ConUact 9s received. in the event Buyer requires changes to the Product lhat changes the Sellefs cosE, ihe prtce oi the Praduci wili be increased or decreased, and t�e shipment date wlll be adjusted accordingly. Sel[er wlll notify Buyer as soon as pracUcable of the amount of such increase In price or eMension of shlpmenl date. Cfiange Orders will nol be tnitlated until signed by the cuslamer. S. �ndard Terms of PavMent: Unless oiherwfse agreed to in writing, progress peymenSs for ihe Product or Services shail be as foll�ws: a. 7arms o( payment are subject ta change by SeUer tn the event of credii deticiencies or default af Buyer. Ap costs and charges Incurred by Seller as a result of 8uyer's default wiU be charged to Buyer's account; these casts tnelude but are not limited to bank fees tor canceled chacks or insufficlent funds, colfecUon fees and appropriate legat fees. b. Invoices are due for paymenf net 3fl days after invoice dale. RFP 5156 EXHIBIT D c. In Ehe event of legal proceedings againsf Bnyer by Seller, Seller shal3 be entiUed to relmbursement of all cos(s and legal fees, may cance! or place on hold any Order or servtces, and may divert any pending F'roduais io ot�er acCOUnts. These acfons do not relieve Buyer from any conVactual obligaUons under these Terms. d. Alf Orders are considered separate and dlsGnct. 7. Taxes. Fees and Permits: All prices.for Pro.ducts and Services are quoted exclusive of any and ail taxes including but not IlmJted to sales, exclse, or other gavernmenEal or reglonal tax. Buyer is responsfble for payment oF laxes vrhiCh will appear as separate llne items on ihe fnvolce for lhe Praduc! or Services except in tha case that a valld and approprlate tax excepUon certificate is provided to Seller by Buyer prior to shipment of the --' Product. Prices do not�include local fees� or bulidfng permits. tt-a Stale Approva!-Seal-fs included �in th�'Trachte'speGBCBUahs, then Seller has included all assoclated fees for those Slate Approvats and inspec@ons. 8. Codes, Site Installation and Site Preparation: a. The building ls quoted as speCffted In the Trachte Bullding SpeciflcaUon. 7rachte buBds to major NaUonal Codes (IBC, UBC, NEC, eteJ, however because of tocal bulld(ng deparimenE jurisdfcUon, [t is the customers r8sponsibiilty to ver9fy ihat lhe spsGfled Tfachte deslgned shelter meets LOCAL building codes and requlrements. Seller assumes no responsibility or Ilability for faflure af the eusfomer to do so or iha poieniiai delay or rejection resulting from 1he customer's tallure to investigate or secure any required approvals or permtts b. TFte quoted price may inctude norrnal InstaDatlan work fi specifted on a wrilten quoEation. c. If Installation Is inc�uded, Seller a$rees fo fnstall fhe ProduCt ready for use on the site designated by Buyer, provlded tha! ihe site has been made to coniorm to the Site SpeclOcation Requirements provlded by Seller to Buyer. Sefier will havs the op�on to Inspact the site prior to installatlon. d. Buyer shall pravlde all necessary site work for the Product instaliation including but not ]imited fo site preparation and electric service as required to altach and instail tha Product ready for use. Buyer shalt obta�n all permits and licenses requlred by federal, state or local auihorides in cannection with the installation and operation ot lhe Product and shall bear eny expense In obEatntng the same or in corr�plying wlth any related rules, regulatlons, ordinances and staiues. e. In the event Buye�s tocai labor condllions make (t Imposs3bfe or undeslrable to use Sclle�s regular employees for such installation and connection, such work sha(I be pe�formed by laborers supplled by 8uysr, or by an Indeparadent coniractor chosen by Buyer, at Buyer's expense, and in such case, Seller, agrees to offer opUonal adeRuate sfte supervtsion tor proper wmpletion of the InstallaUon 1or a fee, f. Arrangemenfs tor interna) movement of the Ptoductlo ihe tioai lnstaltation locatlon are the responslbllity of 6ayer, g. Buyer assumes alI responslbll(ty for Producf damage caused by conUactors or taborers supplied by $uyer. 9. Customer S3te Acceptance {"CSA"1: As described fn Seller's wriften quotatiop Bayer wAi accept Ihe Product by execuUng i�e customer site acceptaoce documents provided by Seller. 7he acceptance dacumants are not to be modifled or the condit(ons of sale changed vr�thout the written wnsenl of Seller. The �ondfifons of sale and accepEance can be modNied if mutually agreed upon by Buyer and Seller. 10. ns n e: Sefler agrees to mainfain public liability insuranoe to proiect Buyer ln the event of Injuty or dealh of any ot seUars empioyeea, or other persons, and to comply with lhe provlsions of applicable waqe an hour and workman's compensaUon laws. This shafl r�ot Include any general liablli[y poilcy on the prem(ses, wh[ch shall be t�e Buye�s obligaUon. During ihe coniract period and while under construcUon, Buyer agrees to mefnlaln hazard (nsurance against fire, storm, wind, vandalfsm and extended coverage in fhe amount of at least 9Q percent of the valua of ihe sVucEure as it progresses and to name the sellsr as a named insured. Buyer shall provide Seller with praof oi such Insurance withln 10 days after the execudon of thls cantract. Sefler shafl have ihe righ# to defay commenc8ment of ConSUuctlon until proof Of such insurance Is received. 11. tIEN l�OTICE: AS REdUfRED BY CONSTRUCTtON LIEN LAW, SELLER NOTiFfES 6UYER THAT PEftSONS blt COMPANIES FURN{SHING LABOR OFt MATERIALS FOR THE CONSTRUCTION ON BUYER'3 LAND MAY HAV� LIEH RIGHTS ON BUY�Ft'S tANb AhD BUiLDINGS. IF NQT PAID, THOSE ENiITLED TO LIEN RIOHTS, IN ADDI714f� TO THE UNb�RSIGN�D S�Li.ER, ARE THOSE WHO CONTRACT �1RECTLY WITH THE BUYER OR THOSE WHO OIVE THE BUYER NOT{CE WITHIN S1X7Y {8U) DAYS AFTER fiHEY FURNISH L.ABOR OR �IA7ERIAL3 FOR 7H� CONSTRUCTI4N. ACCORDIKt�LY, BUYER WILL PRO�A�LY R6CEIV� N4'fICE3 FROM THOSE WIiO FURNFSH LABOR QR MA7ERIAL$ FOR THE COM57F2t1C710N ANd SHOULn GIVE A COPY OF EACH NOTICE RECEIVE4 70 HiS MORTGAGE LENDEl2, IF ANY. S�LLER AGREES TO C40i'�EtAT� WI7H 7H� BUY�Ft ANp HIS LENpER, IF ANY, TO SEE 7HAT ALL PERPETUAL LIEN CI.AIMANTS ARE bULY PAID. Upon completion, the 5ellet agrees to furntsh an aftidavit Utat aEl sub-contractors, laborers and materiats have been pald In full. i2. Patents. License to Use: Seller does not warrant and shaU nof be hefd liabfe ftom any claim u�justified or justlfied by any third party for She lnfdngement of any patent or wpydght by Buyer tn the use or ownership ot the ProduCt. a. In t�e event of alleged lniringement, Seller may al Ils dfscretfon requesf the relum of lhe Product a�d refund amounts pald by Buyer for such Product minus a reasonable depreciaUon amount. b. In no case shalt Seiler be Ifable for Buyer's losi produodon as a resull of any infdngement. a Seller shell not be lfabte for: (1) Any additfons or modifications by Buyer to the Producl; or (2) Ilems or capabilily added or �Isced in the Product provtded by Seller, d, The sale oi the Praduat extends a rlght to use the Product. 13. Caneellation of order: Wlih the pfacement of an Ordet, Buyer acicnowledges thal Seller would incur finanaial damages in lhe case of a cancellation of an order and thaE Selfer has the �ightio charge Buyer for such damages as speeified by the time sc8eduie below. a. Schedule of Fees ior Canceffation of Order: RFP 5156 EXHIBIT D b. Hlgher canceflation fees may be imposed on speclal or modified equfpment up to the entlre value of the Order. c. Paymenl of the cancetlation fee Is io be made �vlthin 15 days of cancellation. 15. Warrantv of Product: Seller warrants to the odginal Ssyer that at the Ume of dellvery ihe Product is free of defecls ln both matertaE and workmanshfp. The term of t�is warranty ts llmited to two {2) years commencing on the earlier of: (1j ihe acceptance of Product by Buyer, or (2) 90 days from the Ume of shtpmen( tf I�stallatlon and acceptanoe is delayed by no cause ot the Seller. Warranty af OEMi materials and items for stored bulidings will begfn upon bulld]ng campl�iton. Sallers sole Ifah(Iity and euyers exclusive remedy under this warranry shali be Ilmlted, at Seile�s opHon, to: (1) the repair of the defeciive Produc4 or !he replacement thereof, or (2) the repayment of the purchase price. 3his wafranty is Iimited as foilows: a. If repair is eleCted by Seller, this warranty covers replacement parts, labor and Uavel expenses required to retern the Product to normaf and as sold operatlor�. � b. The normal opera�on oF the Aroducl Is to ba defined as that as of the fime of acceplance by Buyer. At no time wlli an increase �n performance or specifications be required undar this warranty. c. Replacemenf parls will be waRanted for the exfent of the remaining warranty on the entlre ProdUCt or on a 90-day from installa4on basls, wh(chever ls longer. Replacement pans will be new or of equal funciionaE quatliy, d. Warranly support wl]I be provided by Selier according [o the response timss and schedule described in the wdtten qaotatlon. Buyer will not penatize Seller for not responding oufside Ns normal business work hours. e. Buyer is responsible for all consumabte and expendable parts of the Product. L 7he warranfy shall be voEded if: i. 7he Product has been modified wlthaut the wrftten permisslon of Seller. li. The Product has not been malntalned according lo Product guidelines, with proper documentation of sach malntenance. )ii. There has been improper use, operation, or maintenance by Buyer or their contractors. tv_ There has been improper instaliation by Buyer or their contractors. v. Product iailures have occurred which have not been reported withfn 30 days of failure. vi. The Product has had reptacemenE parts inatalfed that have not been approved by Seller. t. Buyer agrees thal !he Product purchased hereunder shall be operaled excluslvely by duly qualified personnel in a safe and reasonabfe manner in sceordance with Setfer's writ�en tnstructions and for the purpose for which ihe Product was intended, and furiher, in compllance wiEh appltcable govemment labor and safety standards, etc, Suyer agrees lo indemnlry and hold 5eller harmless from and agalnst all claims, demands, acUons, causes or acll�ns, judgments and costs, tncluding reasonable allomeys fees, arising aut of 4r In conrtection with ihe operalion of the Producf by Buyer, unless caused by Seller's negligence. J. Multiple Sectfon tSpfiE) Build�ngs must be re•assembled at the sfte by SeUer personnei, or under the direct supervisfon of an authorized Trachte 5upervisor in order for the complate Seller Warranty to apply (I,e.: weatherprooflng}, Seller vlarrants only materials and labor performed 6y er direcdy supervised 6y authorized Seller personnel. 6�YHR ACKNBWL�pGES AND UNDERSTAMDS TNAT 7H� �QR�Gd1NG �XPRESS WARRANTIES ARE IN LIEU OF ALL QTHER WARFtANTIES� EXPRESS OR IMPLIED, INCLUDING WJTH�U7 LIMITA7i0N IMP�IED WARRAHTIES OF MERCHANTABItiTY, FITHESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGbMENT. 96, LIMITATtON ON LIABILTIES: IN NO �Y�NT 3HALL S�LI.ER BE LIABl.E FOR PUNI7iVE, OR IkDIRECT QAMAG�S (INCi.UDiNG HUT NOT LIMITED Td, LOSS WH�THER FOR BREACH OF CQNTftACT, N�GL{GENCE, OR OTHERWISE, AND 7HE PQSS191LITY OF ANY SUCH DAMAGES. BUYER AGREE3 THAT SELLER'S 50L[1 SHALL NOT £XCEEb THE PI�ICE OF SUCH PRODUCi. 47. AssEanment of Order. Licenses �nd Warr�,ntv: DiRECT, SPECIAI, INCID�N7AE, CONS�Qt1ENTfAL, OF OATA, USE OR PR�FI7S}, HOWEVER CAt1S�p, WHETHER OR NOT S£�L�R HAS BEEM ADV[SED OF MAXIMEJM LIA6ILITY ARiSIN(i FROM ANY pRObUC7 a. Assignment of Order: Buyer may assign the Order to a third party only wilh the tvritfen consent of Seller. tf Seller agrees in wriling to ihe asslgnrnent Ihen Seller has the sole rlght to change !he odginaE conflrmed shipment dates, oiherwise the terms and condlUons of sale remain conslstent wilh those of Buyer at the time of the assignment. In the case of an approved assignment Ihe original Buyer remains obligated fo pay any and all reschedule fees imposed up to thai time. b. Assignmen! of Lfcenses and Product Warranty: A!i Ilcenses and Product warranUes are provfded lo the original buyer and are na! ass(gnab(e. If the F'roduci is disposed of, transferred outslde ot Ihe Buyer's facility, sold, donated, or any other way ovrnership is Iransferred the tfcenses and warranty related to ihe I'roduct w111 terrninate immedlateiy. 18. No Sollcitafion: Buyer agrees not to solioit nor hire any person In the employment of Seller untll two years after the acceplanCe af the Product withoat ihe prior consent of Seiler. Suyer acknowledges lhai such loss of employees by Seiler to 8uyer would cause financfal damage to Se11er. 19. Canfldential In[ormation: Buyer recognfzes that Selfer has or wl[I dfsclose Confidential Information {as defineci below) betonging to Seller or to third pa�'ties to whom Seller is under an obligstian nol to dlsclose sucli Canfldential Information except to certain aulhorized paHies, such as Buyer. Buyar will use the same standard of care to protect Seiler's Coniidentlal Infarmation as It uses to proteci iis own proprletary informatian, Buyer shall have no �ight to copy, reprodu�e, or disclose Confldenilal lnformat+an to others in whole or in part any of the above without the prior wririen permfssion of Seller. ihls provision shall not supersede any RFP 5156 i��:nar�.� active non•discfosure agreement beiween 8uyer and Seller. As usea! !n these Terr�►s, "Confldentlaf lnformeilon" means any of Seller's proprielary information, technlcal data, or know-how (tncluding, but not limited to, fnformation relaEtng to Products, Product destgn, Product software, operating manuals, Servlces, englneering, marketing, customers, prlcing, or sales processes) dlsoiosed by Seller to Buyer elther directly or Ir�direclly in any form wNatsoever (inoludfng, hut not limited to, tn writing, in machine readable or other tangible form, orally or vlsualiy). 20. Annlicable Law: The contract ls governed under Ihe laws of the State of Wtsconsin, USA, without reference to confilct of laws principles ol lo the Uniled fJations Convenlion on ConVacfs lor the lnlernational Sale of Goods. The exclusive jurisdiction apd venue with respect to any ac0on adsing out of or related to lhe purchase of the Product or Servfces shall be in Ihe courts of the State of Wisconsin, and the parlies her�lo expressly submlt to ihe Jurfsdiction of said w�rts, - End of 7erms and Condittons h� Trachte, Inc. * 422 I�t. Burr Oak Ave. * Oregan, WI 53575-3102 RFP 5156 EXHIBIT D �„ y �� Your Partner far Bu'il+dirtg & Shelter Solutions. Trachte; Inc. . 4.za i�l. (3urr Uak Ave. .<3regon; W1 53S7S- (bo8� 835-57Q7 • fax (bo8) 835-72ry9 � www:TrachteUSA,com Quer 8o years of ineta� bui�di�+g, experience. TI�� t�L+�►� �r�L�C�'�I�. , , � sP � ��A�;: wHiTE ! �oi+� sL[� `ci�� ' �s, 2� +�� 2s; �� +r� zs ,+��a iYORY SUR�EY � 26 GA 26, 2�' ��, �n . � v � _ � � _ ��.. � ,� �. �� ,Y LI("itlT STOI'lE �AYJ GA 2i6,, "�.4. 1$ GA < �� DWlY _ CEIAI��C�AL Ei� iA ` 26 tiA 2' ' SUE �!VEFYSE SII:)E FOIi CULQ�R AVA;ILABILITY_F+DR ME+L�A•ii[B PR+OFILE. RFP 5156 1S1M21 OT i�cn �r�.� � �'R�DUC'�' �-1.V�A.�Y..ABILIT� %%/ill�ill�lll�\� _ ��, , _ . �� MASTER �OIL IN1lENTORY � �i 26 Gauge Multi-Fiib PB . . 24 Gauge Mufti=Rib non PB ,. 24 Gauge Multi-Rib PB __ E 24 Gaugs Mega-Rib ' � v� a �. o � � � .� ¢ ��o �� 4q�v qf+�U �G •- • • i i • • � i . . � • . • i • � i . • • . • • _ 18 Gau�e Mega-Rib � I I I I I i I• I [� I I I Not6: C?ther combinafions of gauges and colors may be`in stack or avaiiabls by special request. Please contact your Traoh#e represen#ative for more information. fluropon'� is manufactured by Valspar corporatfon. Colors are representative of colors offered and are not in#ended formafahiiig purposes. � � -_;; � MM210T RFP 5156 Rev.08/11 EXHIBIT D �� U P 1 M 32 - Cell data sheet Classification Brand Cell type Cell P/N Capacity at 5 hours rate IEC Designation According to IEC 62259 Physical data Overall height Width Length Block length - 3 cells Block length - 5 cells Block length - 7 cells Block length - 9 cells Construction Container material Separator type Connection torque Terminal size Plates Positive Type of plates Saft UP1 M 32 31-05606-7" 32 Ah KGM32P 10,63 in 4,84 in 9,33 in 12,95 in 16,57 in Polypropylene Felt 97,4 +/- 9,7 Lbf.in M6 Ultra Low Maintenance Pocket Weight per cell Block length - 2 cells Block length - 4 cells Block length - 6 cells Block length - 8 cells Block length - 10 cells No. of terminals/polarity Terminal material Vent type Negative Type of plates Thursday, January 17, 2013 ��.'� � 5,5 Ib 7,52 in 11,14 in 14,76 in 18,39 in 1 Steel Low pressure flame arresting vent Ultra Low Maintenance Pocket SA,�i r,on(rderriial anr� pmprietr.�ry. The data herein given ara for infr�rmatian purp«ses nnly and are, nnt hinding on SAFT. They may 4e modified wittiout prior noffce. Please r.or�tact a SA�i represent�tive in order to obi�in confirmativn of the above data. Visit our website at wvrw.sa(tbatPe.ries.cvm Versinn:RF� 5�56��dated an ()2/2Ui2 P 1/2 EXMIBIT D -- — -- — Thursday, January 17, 2013 �� UP1 M 32 - Cell �fata sheet Electrolyte Electrolyte type: Renewal Electrolyte type: Initial Electrolyte per cell: Liquid Connection Cable area Charging E13 E22 0,6 liters 1,49 sq.ft. Float voltage 1,43 V/Cell Single-level voltage 1,43 V/Cell Resistance/Short circuit Internal resistance 3,13 mOhm Max/Min 1,38 in Vent oil quantity High rate voltage (min) Short circuit current 1,45 V/Celi 491 A SAF'T r,nnfiderztial and prvprietary. The daPa h�rein ,qivPn are �'or inform 3tion purE�nses only and �re nnC bir�ding nn SAFT. They m�y be madifled witlto�at �rrior r�otice. Pfease corllact a Ss1F7" re(3resentativ rr� order ta obeain conflrrnation of tha above d�fa. Visif our we6site at wv.�t�v.sahbatleries.cam Uersinn: 7. L�st updated on O2/20i2 P 2i2 RF� 5156 EXHIBIT D � � � � Wednesday, January 16, 2013 U P 1 M 100 - Celi data sheet Classification Brand Cell type Cell P/N Capacity at 5 hours rate IEC Designation According to IEC 62259 Physical data Overall height Width Length Block length - 3 cells Block length - 5 cells Block length - 7 cells Block length - 9 cells Construction Container material Separator type Connection torque Terminal size Plates Positive Type of plates Saft UP1M 100 31-05611-7* 100 Ah KGM100P 16,57 in 7,68 in 4 � • Polypropylene Felt 177,0 +/- 17,7 Lbf.in M8 Ultra Low Maintenance Pocket Weight per cell Block length - 2 cells Block length - 4 cells Block length - 6 cells Block length - 8 cells Block length - 10 eells No. of terminals/polarity Terminal material Vent type Negative Type of plates �`�° . _ � 13,9 Ib 7,32 in 10,75 in 1 Steel Low pressure flame arresting vent Ultra Low Maintenance Pocket SAFT confirientiaf and prn�+rir;tary, ihe dr�t� hF�rein given �m, for inforrn3tinn purpUSes nnly and are nol bindin� nn SAFT. ihpy m�.�y bQ modrfied withv!ri privr notice. Please contact a SAFT representaiive ir> vrder to obt�in cvr.firrnativn of tPre abvve data. Vrsit vur wehsite, at v.nvwsaftbaiferies.cvm Uersron:RF� 5�56Lpdated on fJ2�20t2 P 1/2 EXHIBIT D � � � Wednesday, January 16, 2013 UP1 M 100 - Cell data sheet Electrolyte Electrolyte type: Renewal Electrolyte type: Initial Electrolyte per cell: Liquid Connection Cable area Char�ing E13 E22 1,4 liters 3,25 sq.ft. Max/Min 1,97 in Vent oil quantity Float voltage 1,43 V/Cell High rate voltage (min) 1,45 V/Cell Single-level voltage 1,43 V/Cell Resistance/Short circuit Internal resistance 1,14 mOhm Short circuit current 1075 A SAFT r,onfi�fentia! and pnsprietary, il��; r��ta trzr�in giv�;n are for inParmatiun pur{x�sps only and are not bindir�g on SAF'T. iirey may bP mvdiired witf�o!ri privr r�otice. Flease contact a SAFi re�resentative in vrrier tv cbiair� cor>frrrnation of the at�ove dara. Visit vav website at w�vw.safibatieries.com Version: y. LHSt updated or� 02,i2U12 P1i2 RF 5156 � T � � � � ArtNo: SL3170 Rack-Type: SGL 3-17 Battery: 23 x UP1 M 32 (4) Length: L = 64.96 inch Height incl. battery: HB = 25.79 inch L � � T � r � 0 � T � CIl � � Footprint for racktype Battery: Projected surface load: Load per insulator: B: .. SGL 3-17 23 x UP1 M 32 (4) 52.51 I bf/ft2 150.38 Ibs 23.03 inch 28.74' .� �. 34.65" EXHIBIT D �� TEGHNOLOGIES PRIMAJ� TECHNOLOG/E.S INC, 133 Guthrie, Dorval, QC, Canada, H9P 2Pl Tef.: (5'f4} 631-3630, �'ax; (514) 63'[-8389, e-mail: sales ,primax-e.com Toll �'ree: 1 8G6 277-4629 Lifeline Monitoring System. At Primax Technologies Inc. we are proud ta announce the in�xoduction of our new Li�eline Monitoring System. �ver the years we have developed an array of monitoring, testing and reporting features, By combinir�g these features into one integraied package, we offer the most comprehensive monitoring & alarm system in the industry. The Lxfeline will help reduce your maintenance expenditure, extend �iattery life, ascertain the loss of battery capacity or coniinuity and reduce your long term cost of ownership while xnc�reasxng your system's reliability. What is it? How does it �vark? What will ii do �ox vou? Let's siar� with the charger; any charger out ihere can fail, and when chargers fail there are 3 ways they can react: they can fail in over voltage, under voltage or under current. As part of the Lifeline Monitoring system you get 4 alarms that vvi11 help you with these 3 events: l. Fox under voltage, you get a second level of low Volt dc alarm. Typically low Volt dc is set at 1.75V per ce11; this naeans thai by the time you get your 1ow Volt alarm, your battery is depleted, leaving your system without protection. By setting this second low voli DC at a higher voltage setting (Typically just below open circuit poten�ial) you get an early warning thus giving you much more time to react, 2. A1so for under voltage, you get a Battery disc�arging alarm, should your battery sta� di�chargir�g �or any reason this alarm will warn you. 3. For over voltage fa��ure, we include high voltage shutdown. Having the charge�r shutting down its output will protec� your battery and your equipment from high voltage damage. , 4. For under amperage failure, we supply your charger �with a low eurren� alarm. Foilowing this we following features: RFP 5156 proceed to further pxotect your in�estment by adding the EXHIBIT D • Battery tempera�ure compensa�ion, as your battery's iemperature varies, the cha�ger vvi11 ad,�ust its ou�pu� accordingly thus helping to prolong battery 1ife. • Ba�tery high temperature alar•m, as you know high temperatures are very detrimental to batteries and can affect theix long term ability to perfo�n as pex spe�ification; also, should your battery be installed in a climate contro�led environment, a rise of ternperature could be indicative of an imminent battery failure. e AC ripple alarm, as capacitors age on your charger, ripple will increase; by setting this alarm at the maxirnurn 1eve1 of xzpple recommended by NEMA for fxltered charger�, you wi11 proieci you7r valve regulated bat�eries. Interestingly, if you are using a 3 phase charger this alarm wi11 let yau know if you have Iost one phase. • Batitery imbalance monitor, by monitoring any imbalance in youx siring of cells, the battery irnbalance monitor can detect a ce11 with a lower voltage. Also during an acival AC failure o� during a capacit� o� continuity test this wi11 deteci ihat a ce11 is dropping in voltage faste� that its counterparts, • Digitai Ampere/hour me�er, with this device you will always know exactly how rnany A/h have been removed from your battery at any given momenti during an outage, You will also be able to ascertain if you� battery is fu11y recharged, At any given time you will be able to monitor how many Amps are going into your battery or how z�a.any are being xemoved. It wi11 also a11ow you to stop battery equalization based on battery capacity, ensuring that your battery is never undercharged ox overcharged thus insuring a longer ba�tery life. � Automatic Unline Battery Capacity Tester, using the station's load and a small load bank, youx charger will periodically load test your batte�-y. Should yaur battery have lost capacity, the charger will activate an alarm. T�11S �ES� 1S done automatically without hurnan inte�cvention and without hindering your required backup time. • Automatic Con�inuity Tester & Battery open alarm, having your battery fail open could have serious consequences. 4ur automatic tester wi11 periodica�ly test for continuity and repoi�t any change that could lead to an open failuxe. Also, this te�i w�l� ensure that ali your connec�ions are as per specification. Depending on your system the attached load bank can either be a 25A or a SOA. • Watchdog cixcu�try, in critical situations where batteiy or charger failure i,s not an option, the watchdog circuihy will consiantly monitor the charger's control board and insure it is funciioning properly. Should the charger control RFP 5156 EXHIBIT D , board be defective the watchdog will shut the charger down to prevent any baitery or equipment damage and �t wi11 activate an alarm. - Re�isterin� and Reporfing in oxder to reeord and communicaie a11 of this xnformation the Lifeline Monitoring system will also inelude: o A data logger which can register up to 250 events that are date & time stamped. � A true read - write communication module that can come in any o� the following %rmats: ➢ DNP3 ➢ M4DBUS & MQDBUS over Ethexnet ➢ Web server ( Each chargear can generate its ovvn webpage) Ii you want to Iearn more about our Lifeline Monitoring System, please do not hesitate to contact us, we wi11 gladly review all the aspects of our system vvith your engineering and maintenance personnel. RFP 5156 1 MISSION STAT�MENT ': To Design and ma�iufach�re standard aud custom solutions to llie DC Power lndustry world�vide, � T'o continuously strive for quality, exceIlence and integrity in all our ei�desvors. ' OUR MOST VALUED ASSET: Oi1R CUSTOM�RS [_ Ac o„ LE� A�arrlr «shfiig LED C.�:_.�_.=.�_� Me»rr scrolling keypad -�• ��. �t LCD fihe Pq,5D0 �akes advantage of ef,�icfeni D�gitnl Sig�tal Ptocess�ng toprovide the most advartced contfbl a�:d conrpuirng algorrthms. Reducing compa�ent count while enha�rcingfui�ctioltalities; DSld increases flexrbility anr� �mproves relicrbrlity, This f�ew cost ef,�'ective gerreratio�r of chnrgersprovides superror cor�trol overpotiver eleciro�iics, arrow��2g camprehensive moraitorrng af your• DC sys�e»: and especially you�� battery, Opting for our� advariced mo»ito��irtg and rtetsvorkir�g op#ions tiwill allotiy users to arrton�ate sonte of tlteir prei�e»tive ma�rttenance, commtatic�rte with tl�eir charger anc� aecess data lags ta develop cost efj"ectrve prediclive maintenance tools. �Lee�inQ. rireterisig n�td itnti�t� � Sirnulfaneotrs DC voldage mrd cun•enf rnetering 0.5 %rlccuracy +/-1 dtgit � .Line frequency nionrloring • Reclifier �mbient te�nperattrre • Renrarnisrg and elapsed egacalize time � Even! Iog (Up to 250 events) Contral »iodes: • Constant Yoltage regulatron �vith or without batte�•ies. Lirnited current • Fotced load sharir�g }vitho�tt com►non ivile cortr�ectian • Otetput curre�at de-ratTng based an cha�ger ierr�peral�ire Ir�dicatiol�s: • .4C Qn gr•een LLD � Co��tmon aiarm 1a�ilh flaslriug red LED � LCD cont��ast adjustmen� and slee� i�tode Re�nole i»rlicat}arrs: • All aciivaied alar�ns al�e �f��red Ja a co►nnzon relap ��ilh rolfage fi•ee form "C' confacl RFP 5156 CGargl»g rxodes: •.4ufomatic vr� manual float / equal ize • Adjustable Flant a��d equaltze voltages � Equalize period 0-134 mo�tths (in hou�s) � Floatper�od 0-134 jnonths C�r Irv�us} • ,4ufonzafic eq:�alize nrods activation based on: iime, low valt, cha�gea•starl, AC fail,ct�rr•en� li►r�it: lime adjuslable 1-I DOltrs •Automatic eqttalize mode termi�tntion based on voltage, time, current • Antidepr•essanl equalize n�ode • Constant curreni mode (/'or•matio») larlr�s � Alarm acknowledgesient and reset � LED, LCD and relay test and r•eset Default rrlarurs: � l�ect f er• faf�ure • AC fail • Battely high volt • Batte�y lofv volt • Segregated pos�tfve & negafivegrou1td faull Factary� or custoraer acllvn(ed alarnis: • End of dischnige (2nd low vol! level) � High volis shutdowrc • �'qualrzatiort on • High ripple • Low & Irigh, fieq:rency alarm and shutdowrt • Hrgh & tox� temper�ature alarj�� and sl:ulrlow�r • Recliflei� high/low cu�•rent • Rectrfier Hlgh voli • Rectrfrel• lo�v vol! • Irrdi>>rduall�� adjustable alarm �inre delay 8 llTresholds *Musf be specifred at o� de1� li�rte �� er es: • Indivrdual alarm form "C "contacis • MODBUS RTU or DNP3 vra RS232/48S -MODBUS TCP/IP, • Web page v�a Local or dyl�an�ic IP address � 9-20mA� �-lOTrcw•re�tt a�ad voTtage R/i�' loaps • 4 custame�• defrired digital-inptris • Re�note egttalize • Remote shutdowli xs • Date and time star�p on event lag ■ �ludible alarm �.Hardwar•e high volt shutdown • Hrgh and dowAC input voJlage alar•nr • Batle�y high and lorv ternperature alarm and shutdowrr j�lai»terrmlce • Batlety fmbalance ala�m • BatPery pa��tta! capacity fester � Batlery contir�uiry tester• � Temperuture cornpensatton, c/N� 6attety te�nperature probe • Battery circuit b�•eaker • LowDG volt load discon�rec� (loarl shedding% �i rrt ar�d Oretput • DC ozdput cliciait b�raker • brlegrated Dislribution �anel . � High capac�ty intet•rirptirsg current CBs • 12 pulse rectifrcation to reducereftected ha►•monies a��doutp«t�ilterfrrg • SOHz inpul fi•equency • Dropping diade circuftry � Forced laad shaF•ing I'srrclasrtres � Special painl a�td NEMA /tp proteCtrol� • Seismlc design � Fu�agus atrd tropical proof�rg • Custom e�rcloserres io f t bafteries • H�lagen free nnd specirtl wiring • l3�elded bottom or !op • Cttstom e�tcTosures: Str�inless, aluminiu�n, fibe�glass, etc. Meierb�g � Remate batie�y voltage sertsirrg � Integrated digetal AH meter • B�ttery ammeter• a�rd voltrneter +AC rnput valts, cui•rent and freque�rcy readings • Digital Ampere-hoirr meter L�'eli��e Moriitorin� �bsterri� Mec1�n��icR! a�1d�Jrvsteal: L'nclosure Fi»ish CooTrng NEMAI (IP20), steel chv hingecl fi•ont aecess dvo2� St�nda�d �4NSl G1, light gray Nqli�ral coirvectioi� cooling up to 140A output current I'orced ai+� cooJing assrsta»ce fnr• tmits with over 100A output curreiat N,B. Floor naounted morlels are provlded x�f�h 3 fn. (75mm) cleararice at bottorn 10 facilit�le huxdJing by JiJllnrck, padlel fruck orslitrgs Enviror�ine►�tal: Attdible noise aperrrli»g temperaiure ra�rge Tenr�e�•a1aa� e de-� aii��g Ope�•afing J�trnaidii}� Altitude dea•atitlg RFP 5156 95 to bS dBa at 3,� (1 rnefe�) rafing dependant 32°F to -k-122°F (0'C to SO°C)/Slorage —41PF to I85°F (-9d'C to 85°C1 4,83%/°I'fi'orra 122°I%to 140'F(I,S%/°Cfi•a,rt SD'Cto 60'C) Up l0 95% (non condensi��gj 0%for 1 st 330D f1(I DOO�n), 7%pe1• 3300 f t(IOOO�nJ ove�• 33fl0,�t (IOOO1at) Basic desi u ealrrres UU.4NS71012 Listed, CSA C22.21071, G`ertifred to a,vplicnble ICC standards (apiional) ISO 9001 Qualiry co,r�rol SCR (Thyrlstor) bnsed reclfer chv double x�ounrl isolnfion iransfonner Eleclronic corilral, current Iiu�ilrng and volfage regulalio�2 Modular cansbuction using ihs latest yower and mrcroeleclronic devices Numbered PYC copper slrnnded x�ire 30 year design, MTBF of 300 000 hours typica/, MTTR less �han 1 hoerr n rrt: .4va11able vollages Phases Freqrrency Powerfacfor E�crency nt full load o. u�pur: Stand�rd norninn7 voltages }'ox�er I10, 120, 20$, 220, 240, 380, 9p0, 460, 4$0, 550, 575, arrd 600 Y.4C 1 and 3 phase 60Hz f50Hz opiional) 0.95 (1 phase), 0,85 (3phase) adfullload whelr iested on baltery nnd resistivelond 7ypfcal 90% 12, 24, 36, 48, 72,110, 125, 250, 380, 480 and 6�0 YDC Fiom 40 TV to 400+ kTV AC ripple voltage(RMS) 12 24-98V 125Y 2SDV >250Y Unfilreredunits+ 1% 1% 2% 2/ !'rliered` 30mY, 32dBrnc IOOn�3' ZOOIIIV 1% Bn!lery eliminafor 3flmY lOOnrY 200mY 0.8% -h: Values are ryprcnl, rneusured a! the terininnls ofa colmected les! bQ��ery with capnciry 4 ttmes 1he charger ouiput cutrelrl asperNEMAPES. 01Aer values are r�lso avoilable on request. Staric regs�lnriou < 0.5%forsimultaneous varialions of +10%72%input volinge, +/_ S°o inpuifi�equeucy and 0-100% Jored Dynamic regulation +/-6% from 10%r90% r�nd 9a%10% lorrd variation (K 300msec) Load sharing Random: Srmrlar chatgers can be operaled in random parallel E�nc** EN 670U0-b-2:ESD, radfulerl, �nag�:elic, condtrcfed, dips/interupts, surge, fasr transie��i im�nsrnity and cotrducted emissions EN 6100-6-4; Radiated enlissions EN6204D-1-1: Elecit•icnlsafety Profeedorr: SoJ7 start Over-current Yoltage fransie�rts �tutoma(ic currenf Iinriti�tg ctrct�it, adjusrablefronr 20/ �o i00%ojnonrinal r•ating, higher carrenf lr�nrts oplto�ral Inpur thcrinal-mag�retic circuit breaker and DC outpui fuse sfnndard Surge suppression on input and output. Iteverse polaril}! Pan # Designalion: p4500-(11Q�(�-Zp p Yerslon: B: baslc E• extenUed Q�Outpuf Filter, N-F-T or TT p lnpu� phase: 1: stngle phase - 3: three phase C� DC volfaga: 12VDG up l0 600VDC 817C CurrenC bA to i5�0A �x. P46008-F-3-92b-75: easrc opl7ans, ?OOmV rtpple, 3phasa rnpul, 128VDC, 76A charger �* • CE u�arkec� irttifs only �; lllarine appticalrons only Pri►nax Technnlagies Lr� I33 Gutl:rie, Dorvnl, QC Ca�tada, H9P-2P1 Te1; ++5�4-631-3630 Fax: ++514-b3:1-8389 L'r�uril; snles@ pJ•i»rax-e.co�a� Y�'eb Site: �vw►v.p��i»�ax-e. cori� RFP 5156 EXHIBIT � R�'P # 5156 Pa�e 2 of 2 ADDENDUIVI #1 Addenduni #1 fa be returned ��vith Propos�l The following are changes to the specifications: 1} The battecies supplied must be capable of being load tested in accordance ��ith the load #esting features af the Primax chargez• Lifeline Maintenar�ce System. The suppliei• is responsible foz• verifying th�t the batteries and cha�•gers are coordina#ed as to size, applica#ion, and setting capabilities. A statement that the batteries and chargers are caorc�inated as to size, application, and c�arger set#ing ca�abilities is required. It must be vez�afied that the load tesfing capability of tl�e charger will not damage tlle type of batteries. This must be backed up by veiific�tion from Frimax a�id the batteiy supplier that the specific batte��y provideci will not be damaged by the Prirnax load testing method. 2) Thei•e is a difference of information bet�veen the dra�vings and the specifzcation on the panels to be pravided, The dra�vings are co�7•ect, and proposals must reflect provision of panels as shown on the drawings. Only one AC panel sahedule was included� in the package for the largec buildings, T�vo panels are requu�ed in tl�e lar�er buildings. Use the panel schedule provided and st��tcture both paneis the same. NO OTHER CHANGES AT THIS TIME. Tliis fojn� shoulsf be signed a�d r'sttt��e�l fvr:tll yoiu•p►�oposal. Nirme; Srgtrrrture: Con�pa�ty: Titls: Date: RFP 5156 �"'"r� 9'_ �J ! J � 1