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2014-373•' � � • � � AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR THE SUPPLY OF ELECTRIC SUBSTATION MEDIUM VOLTAGE SWITCHGEAR BUILDINGS FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5629-AWARDED TO POWELL ELECTRICAL SYSTEMS, 1NC. 1N THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $19,000,000). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the supply of electric substation medium voltage switchgear buildings 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 af 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 l. The items in the fallowing numbered request for proposal for materials, equipment, supplies or services, shown in the "Request for Propasals" 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 5629 Powell Electrical Systems, Inc. $19,000,000 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 RFP 5629 to the City Manager of the City of Denton, Texas, or 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 proposals. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. � M�'��'�;l�l� ��1�..� ��1��'9"��:��'1�1� �� t��tir ��"�'__ . ��y �al"—��.��:�'�"�� o, , �?(�'I��. �..�.._ � � �� n.,� _—� �W........... � . ...�.m � .... . .....�_ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY� � ,:� � ��,� ..� BY ..� �::.��`� �� . .. �� . ; � .. �... ��. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �<`' �� r �� i� ��, . � °�,� � � �µ�� BY. a� � w�. � CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND POWELL ELECTRICAL SYSTEMS (RFP 5629) �i°�-�l� +�"+�:�N��+�`"�" i� r��►�i� ��1 ��t�;c4��f ��t�� l�i� � � t�� c��'��"�� ,��„ "�i�l_�� A . � � __.�.�.�."� ' ' � � � ..� �. k� ��.r�� a�t��:�r� E �rr,�c�lY � lu�taw��z� � �,t��a� «� ��a�°aa��°�C�� wl�c��c� ��,�� i� "a��l I�t��l� Houston, TX 77075, 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 RFP # 5629- Supplv of Electric Substation Medium Voltage Switch�ear Buildin�, a copy of which is on file at the office of Purchasing Agent and incorporated 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) Price Adjustments (Exhibit "B") (c) City of Denton's RFP 5629 (Exhibit "C" on file at the office of the Purchasing Agent) (d) Standard Terms and Conditions (Exhibit "D") (e) Form CIQ — Conflict of Interest Questionnaire (Exhibit "E"). (fl Supplier's Proposal. (Exhibit "F"); 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." RFP 5629 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. SUPPLIER BY: �"�"'��()I�1�1;� SIGNATURE Date: Name:'�o1r1�"� �OCV.�. Title: ��"� M��'� �� -��3• q4�- qq� � PHONE NUMBER ��,-9h'1-4q5'S FAX NUMBER CITY OF DENTON, TEXAS ,�� ATTEST: � �� ',�� , "�� .� � JENNIFER WALTERS, CITY SECRETARY BY: '!'� � �� `�� '�� '� �� GEORGE C. CAMPBELL, CITY MANAGER �°�� , �� ,�� , M� � � BY � '�°� '� � ^�'� �� ""'� ��. w� 1,��,�; � .:�.� �m . .. . W.W e .W � . � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTO➢�„�] E�;�' ,� � ��" �.a � . � ��, � BY � �"�� .� �.�'��.._� � �_� ..._ _�.�"� � � �-.- _._ �..� RFP 5629 Exhibit A Special Terms and Conditions The Quantities indicated on Exhibit F 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. Total Contract Amount The contract total shall not exceed $19,000,000. Pricing shall be per Exhibit F attached. Contract Terms The contract term will be one (1) year, effective from date of award. The City and the Supplier shall have the option to renew this contract for an additional two (2) one-year periods. The contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date. At the sole option of the City of Denton, the contract may be further extended as needed, not to exceed a total of six (6) months. Pro�ress Pavments The City shall make progress payments net 30 using the following milestones: 20% Upon submittal of drawings for approval package by Powell 30% Upon release to manufacture (RTM) 20% Upon release of record shop drawings 30% upon receipt of power control room/arc resistant switchgear arrival to jobsite Price Adiustments The pricing adjustments shall be per Exhibit C attached. The price adjustment shall not exceed 8% annually. Freight Terms The price quoted represents our best good-faith estimate based on the most accurate information at this time. Any variance in weights and dimensions due to changes in project scope or instructions by state or local governments resulting in changes in routings may require an adjustment in pricing. Freight prices are based on estimated routes, mileages and time requirements and are subject to correction due to restrictions and route approval as mandated by various governmental agencies and dependent on governmental agencies approval. Requirements resulting from any route/bridge/utility surveys may alter the freight price. The quoted freight price includes fuel costs and fuel surcharges valid at this time. Changes in fuel costs or fuel surcharges may affect the freight price. The City is responsible for assuring that there are adequate clearances (width and height) and road compaction "in-plant" or "on-site". RFP 5629 Any changes by the City within four weeks of the scheduled ship date that affect the ship date may affect transportation equipment availability and thus the freight cost. Unloading of equipment at the destination is the responsibility of the City. Free time of four hours per load is allowed for unloading at the destination. Limitation of Liability Notwithstanding any term in this Contract, Contractor's liability to City of Denton or its insurers for any loss or damage regarding this Contract shall be limited as follows: i) for those claims covered by Contractor's insurance where City of Denton has been named as an additional insured upon the applicable insurance policy, Contractor's liability shall be limited to the amount of the applicable insurance policy; ii) for all other claims except those arising as a result of Contractor's violation of applicable law or patent infringement, Contractor's liability shall in no event exceed $1,000,000, whether as a result of breach of contract, indemnity, warranty, tort (including negligence), strict liability or otherwise. Deliverv Lead Time Product or services shall be delivered to the City per the days/weeks noted in Exhibit F after receipt of the order. Warranties Warranties as noted in RFP 5629, Exhibit 2, Section 19 is amended to include the following: Pricing includes an extended warranty of five (5) years from the date of shipment from Powell factory. Performance Liquidated Damages Performance Liquidated Damages as noted in RFP 5629, Exhibit 2, Section 18 is removed. There will be no liquidated damages under this contract. Ri�ht to Inspection and Reiection Right to inspection as noted in Exhibit D of this contract, section 7— Right of Inspection, shall be amended to include the following: The City will provide reasonable notice in writing of the request for inspection. SAFT Batteries Supplier shall provide SAFT Batteries for the 125VDC systein. 125VDC Batteries Item 1— 125 Vdc Pocket Plate Nicad battery sized as specified. The 92 Cell battery consists of 46 type SBM112-2. Price includes all accessories, intercell connectors, cables, lugs, etc necessary to form a complete battery bank. Item 2— 3 step, non-seismic battery rack consisting of 1 model SL3170 per drawings provided. Size: 15.16"H x 25.39"W x 64.96"L Specification Section J.l .e — battery size is 112AH rather than 118AH specified RFP 5629 Specification Section J.1.1— SAFT does not offer "battery mats". Supplier shall instead provide drip pans or barrier type spill containment systems with absorbent pillows. Unloadin� Time at the Jobsite Supplier shall provide an eight (8) hour window for unloading of the structures at the designated jobsite. Each hour over the initial eight hour unloading time shall be billed at $636.00 per hour. RFP 5629 EXHIBIT B ii�%ii ii% �/��/a �� n�iFY,t�� ' �� i �%��/' �� , c� %%%% I �i�� ;�,�� //,/i/�� October 2, 2014 City of Denton Materials Management 901-B Texas Street Denton, TX 76209 Attn: Karen E. Smith - Assistant Purchasing Manager Ref: City of Denton RFP 5629 - SUPPLY OF ELECTRIC SUBSTATION MEDIUM VOLTAGE SWITCHGEAR BUILDINGS Escalation Provision for Powell Proposal No. 209830 Dear Ms. Smith: Thank you for the opportunity to submit an alternate pricing adjustment clause for your consideration. As price adjustment clauses are a very common component of many of our pricing agreements with several government customers; we have historically applied the following price adjustment clause which was formulated with the end objective of being fair and equitable to both parties. The base selling price for the scope of Powell Electrical Systems manufactured equipment is set at $813,042.00 for the defined Bills of Material for the Power Control Room and Medium Voltage Arc Resistant Switchgear in our proposal No. 209830 as reflected in the Pricing Sheet submitted with the proposal. This pricing shall remain in effect for 12 months from the date of receipt of the contract; consistent with Item 6 of the RFQ which stipulates the intention of City of Denton is to award a contract for a one (1) year period. Should City of Denton choose to exercise the options to renew the contract for an additional two (2) one-year periods per the RFP; the base selling price shall be adjusted in accordance with the percent changes of the special index which is described below. The special index shall be derived from the following index series: 1) The Employment Cost Index for total compensation, durable goods manufacturing, not seasonally adjusted, as it appears in the periodical Monthly Labor Review as published by the U.S. Department of Labor, Bureau of Labor Statistics; this series shall be referred to as the labor index. RFP 5629 EXHIBIT B %�'�ir'///'' %�/� )�9�1�4i�"�11»�� ' P WELL �f;,,,,,r �f��;J �,,� ii �%/ ,,, , �,i%, ,�, � Please note that the labor index outlined above is provided for the purpose of providing a comprehensive special composite index as further detailed. The labor index is currently set at an index base value of 100 and will not be adjusted during the initial contract duration of 12 months Starting with the first of the additional two (2) one-year periods, Powell proposes to adjust labor index one time per year to reflect the actual Employment Cost Index at time of renewal. 2) The Producer Price Indexes, listed below by complete title and identifying code, not seasonally adjusted, as it appears in the PPI Detailed Report as published by the U.S. Department of Labor, Bureau of Labor Statistics; these indexes shall be referred to as the materials index. Hot rolled sheet and strip, incl. tin mill, commodity code 1017-0301 Hot rolled bars, plates, and structural shapes, commodity code 1017-0401 Aluminum sheet, commodity code 1025-0105 Copper and copper-base alloy rod, bar and shapes, commodity code 1025-0238 Copper and copper-base alloy pipe and tube, cominodity code 1025-0239 Nickel and nickel-base alloy mill shapes, commodity code 1025-0466 Control & signal wire and cable, commodiry code 1026-0304 Power wire and cable, commodity code 1026-0332 The selling price shall be adjusted at the date of the contract renewal based upon the percent increases in the special index specified below. All calculations for the special index shall be based upon the latest versions of the Producer Price Index and Employment Cost Index. The special index shall be derived in the following manner: The values for the current period of each of the two BLS index series specified in (A) above shall be rebased to the reference base period September 2014; this shall be done by dividing the current value of each index by its value for the reference base period, and then multiplying the result by 100. RFP 5629 EXHIBIT B l/�%��%� ��' %%%'��' ii�/i/1Jn,n,� �/�� ' a i�� I ��r �J��il cf %t� i The rebased labor index shall be assigned a relative weight of fifty nine (59) percent; the rebased materials index shall be assigned a relative weight of forty one (41) percent. Multiply the rebased current valve for each of the two indexes by its relative weight. The sum of these two fgures shall be the valve of the special index for the current time period. Multiply the current valve of the special index by the original base price, and then divide by 100; this final figure shall by the adjusted price for the current time period. The following table is an Example Calculation ONLY using hypothetical index values These values Do Not apply to this offer: �� Labor Materials Composi�� ' te � Base Contract Price - $ 813,042.00 � -�� ...�, � �� ..._._._.......... ............. �� Current period series values (Date "X")Mean Average of Index series required to produce the 100 133.4 ..........� m ._. .... � �� Divide by the base period series values '(September 2014)Mean Average of index series 100 128.6 required to produce the products �...______ ... ... ...� Equals: 1 1.037 ........ �........,� ..........��m..�..a__ ...... ...,,,,,� ___ Multiply by 100 to yield the converted series values 100 103.7 Multi I b assi ned wei ht Labor 59/, M mmmmmmmmmm � mm m mm �m mmm p y y g g( �° aterials 41%) 59.00 42.5 Add the two fi ures to et current value Date "X" �� g g ( ) for 59 42.5 101.50 the saecial index Multi I b original base ri mmmmmmmmm� �mm..� mm�mmm �m�� p y y p ce ($813,042.00) 82,523,763 _W..��__� .�...._.......� �. ...... .._._.�.� Divide by 100 to yield the adjusted price. 825,238.00 If Date "X" PPI data are not available for any year, the PPI data for the immediately preceding Month, whichever is the most recent month which has published data, shall be used as the basis for adjustment of the materials indexes. If no ECI or PPI data have been published for those months, then the contracting parties shall agree upon a substitute series by the actual date of shipment of the applicable equipment release. RFP 5629 EXHIBIT B PowE�� ,%�.,. �,,,.. ➢�➢�.��yu �% f�,, � i� �� f,,, ,.,,% With regards to escalation of major buyout products such as Low Voltage Motor Control, Uninterruptible Power Supplies, Batteries, HVAC Systems, or any other major item which, can be classified as an engineered to order product, and is not manufactured by Powell the price will be adjusted as follows. • Powell will present pertinent information regarding firm pricing duration along with other supplier specifc cost adjustment provisions. These provisions along with a reasonable markup will be the basis, for cost escalation for major buyout products. Prior to order acceptance Powell Electrical Systems will provide a detailed listing of all products that will be subject to vendor specifc escalation provisions. • Major buyout components (Non Commodity Items) such as protective relays, meters, low voltage circuit breakers and associated cell appurtenances are acquired by Powell under purchasing agreements. These agreements are amended, extended or cancelled at varying times; therefore, Powell will not request a cost adjustment for these items unless we are required to accept a price increase from our supplier. In the event that a cost adjustment becomes mandatory Powell will provide a letter from the supplier indicating the percent increase required for the items. These provisions along with applicable margin will be the basis for cost escalation for major buyout components. Thank you for your consideration of our alternate Price Adjustment Clause. Should you have any questions or require additional information please let us know. Best regards, � � w �, �� Alex Fleishman Regional Sales Manager Powell Electrical Systems RFP 5629 Exhibit D City of Denton Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifcations, Drawings and other requirements included in the City of Denton's solicitation are applicable to Contracts/Purchase Orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller herein after referred to as the Supplier. Any deviations must be in writing and signed by a representative of the City's Procurement Department and the Supplier. No Terms and Conditions contained in the Supplier's Proposal response, Invoice or Statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the Contract/Purchase Order these written provisions will take precedence. By submitting an Offer in response to the Solicitation, the Supplier agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a Solicitation to purchase Goods, and Sections 9, 10, 11 and 22 shall apply only to a Solicitation to purchase Services to be performed principally at the City's premises or on public rights-of-way. 1. SUPPLIER'S OBLIGATIONS. The Supplier shall fully and timely provide all deliverables described in the Solicitation and in the Supplier's Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. SUPPLIER TO PACKAGE DELIVERABLES: The Supplier will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly and permanently marked as follows: (a) The Supplier's name and address, (b) the City's name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Supplier shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4. SHIPMENT UNDER RESERVATION PROHIBITED: The Supplier is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Supplier's price shall be deemed to include all delivery and transportation charges. The City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non-conforming deliverables. If the City has the right to inspect the Supplier's, or the Supplier's RFP 5629 Subcontractor's, facilities, or the deliverables at the Supplier's, or the Supplier's Subcontractor's, premises, the Supplier shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. 8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non-complying tender shall constitute a breach and the Supplier shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Supplier may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9. PLACE AND CONDITION OF WORK: The City shall provide the Supplier access to the sites where the Supplier is to perform the services as required in order for the Supplier to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Supplier acknowledges that it has satisfied itself as to the nature of the City's service reyuirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the Supplier's obligations under the contract. The Supplier hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. 10. WORKFORCE A. The Supplier shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Supplier, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Denton contract or on the City's property . i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. C. If the City or the City's representative notifies the Supplier that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any frearms, or has possessed or was under the influence of alcohol or drugs on the job, the Supplier shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Supplier represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Dlegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA) enacted on September 30, 1996. 11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Supplier, it's Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Supplier shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Supplier's obligations under this paragraph. Environmental Protection: The supplier shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seg.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.). 12. INVOICES: A. The Supplier shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. RFP 5629 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's name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor's registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Supplier's invoice. C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work-hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Supplier shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. 13. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Supplier will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Supplier to such extent as may be necessary on account of i. delivery of defective or non-conforming deliverables by the Supplier; ii. third party claims, which are not covered by the insurance which the Supplier is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii, failure of the Supplier to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City's agents, employees or suppliers, which is not covered by insurance reyuired to be provided by the Supplier; v. reasonable evidence that the Supplier's obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; vi. failure of the Supplier to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Supplier to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Supplier agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City's payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Supplier. The City shall provide the Supplier written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. 14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid RFP 5629 by the Supplier, unless otherwise stated in the contract terms. 15. FINAL PAYMENT AND CLOSE-OUT: A. If a DBE/MBE/WBE Program Plan is agreed to and the Supplier has identified Subcontractors, the Supplier is required to submit a Contract Close-Out MBE/WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Supplier is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Supplier, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Supplier to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Supplier's continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Supplier against the City other than those previously asserted in writing and not yet settled. 16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Supplier for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Supplier as such. 17. RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Supplier shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Supplier shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Supplier which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 18. SUBCONTRACTORS: A. If the Supplier identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Supplier shall comply with all requirements approved by the City. The Supplier shall not initially employ any Subcontractor except as provided in the Supplier's Plan. The Supplier shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Supplier is additionally required to submit a monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Supplier by a Subcontractor shall be pursuant to a written contract between the Supplier and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Supplier. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Supplier in sufficient time to enable the Supplier to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in RFP 5629 the type and amounts specified for the Supplier, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Supplier is required to indemnify the City. C. The Supplier shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Supplier is responsible for the Supplier's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Supplier shall pay each Subcontractor its appropriate share of payments made to the Supplier not later than ten (10) calendar days after receipt of payment from the City. 19. WARRANTY-PRICE: A. The Supplier warrants the prices quoted in the Offer are no higher than the Supplier's current prices on orders by others for like deliverables under similar terms of purchase. B. The Supplier certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Supplier, or otherwise recover, any amounts paid for items in excess of the Supplier's current prices on orders by others for like deliverables under similar terms of purchase. 20. WARRANTY — TITLE: The Supplier warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Supplier shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. 21. WARRANTY — DELIVERABLES: The Supplier 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 Supplier, 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. A. Recycled deliverables shall be clearly identified as such. B. The Supplier 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 Supplier shall promptly upon receipt of demand either repair the non-conforming deliverables, or replace the non-conforming deliverables with fully conforming deliverables, at the 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 Supplier. The City shall endeavor to give the Supplier written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City's rights under this section. D. If the Supplier 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 Supplier, and purchase conforming deliverables from other sources. In such event, the Supplier 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 Supplier is not the manufacturer, and the deliverables are covered by a separate manufacturer's warranty, the Supplier 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 Supplier shall assist and cooperate with the City to the fullest extent to enforce such manufacturer's warranty for the benefit of the City. 22. WARRANTY — SERVICES: The Supplier 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 RFP 5629 applicable Federal, State and local laws, rules or regulations. A. The Supplier 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 from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Supplier 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 Supplier. The City shall endeavor to give the Supplier written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City's rights under this section. C. If the Supplier is unable or unwilling to perform its services in accordance with the above standard as reyuired 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 Supplier, and purchase conforming services from other sources. In such event, the Supplier shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. 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 Supplier shall pay all 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 the 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: The City may issue an immediate Stop Work Notice in the event the Supplier is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Supplier will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Supplier shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26. DEFAULT: The Supplier shall be in default under the Contract if the Supplier (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 Supplier's Offer, or in any report or deliverable required to be submitted by the Supplier to the City. 27. TERMINATION FOR CAUSE: In the event of a default by the Supplier, the City 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 Supplier, within such ten (10) day period, cures such default, or provides evidence sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Supplier's default, including, without limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and post judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Supplier, the City may remove the Supplier from the City's vendor list for three (3) years and any Offer submitted by the Supplier 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. 28. TERMINATION WITHOUT CAUSE: The City shall 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 Supplier 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 Supplier, 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. RFP 5629 29. FRAUD: Fraudulent statements by tl�e Supplier on any Offer or in any report or deliverable required to be submitted by the Supplier 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 Supplier if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Supplier shall negotiate an equitable adjustment for costs incurred by the Supplier in the Contract price and execute an amendment to the Contract. The Supplier must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Supplier from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. 31. INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Supplier, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Supplier, the Supplier's subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non-conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. B. THE SUPPLIER SHALL DETEND (AT THE OPTION OF THE CITY�� IND�MNIFY, AND HOLD THE CITY� ITS SUCCESSORS, ASSIGNS, OFFICERS� EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT oF'rxE SUPPLIER, OR THE SUPPLIER'S AGENTS� EMPLOYEES OR SUBCONTRACTORS� IN THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIIY SHALL BE DEEMED TO LIM1T THE RIGHTS OF THE CITY OR THE SUPPLIER (INCLUDING� BUT NOT LIMITED TO, THE RIGHT TO SEEK CONTRIBUTION� AGA[NST ANY THIRD PARTY WHO MAY BE LIABLE POR AN INDEMNIFIED CLAIM. 32. INSURANCE: 'The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in the solicitation document. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. A. General Requirements. i. The Supplier shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. ii. The Supplier shall provide Certificates of Insurance with the coverage's and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Supplier must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Supplier shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability RFP 5629 of the Supplier hereunder and shall not be construed to be a limitation of liability on the part of the Supplier. iv. The Supplier must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. v. The Supplier's and all subcontractors' insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of A- VII or better. The City will accept workers' compensation coverage written by the Texas Workers' Compensation Insurance Fund. vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 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 City and the Supplier, shall be considered primary coverage as applicable. viii. If insurance policies are not written for amounts agreed to with the City, the Supplier shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Supplier. xi. The Supplier shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. xii. The Supplier shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. xiii. The Supplier shall endeavor to provide the City thirty (30) calendar days' written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage's indicated within the Contract. xiv. The insurance coverage's specified in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Supplier. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. 33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Supplier which arises under or concerns the Contract, or which could have a material adverse affect on the Supplier's ability to perform thereunder, the Supplier shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Supplier. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 34. NOTICES: Unless otherwise specified, all notices, reyuests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Supplier shall be sent to the address specified in the Supplier's Offer, or at such other address as a party may notify the other in writing. Notices to the RFP 5629 City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Supplier to the City shall become property of the City upon receipt. Any portions of such material claimed by the Supplier to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Supplier represents and warrants to the City that: (i) the Supplier shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Supplier in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Supplier does not know of any valid basis for any such claims. The Supplier shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City's exercise anywhere in the world of the rights associated with the City's' ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Supplier's breach of any of Supplier's representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co-counsel on the City's behalf. Further, Supplier agrees that the City's specifications regarding the deliverables shall in no way diminish Supplier's warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Supplier. 37. CONFIDENTIALITY: In order to provide the deliverables to the City, Supplier may require access to certain of the City's and/or its licensors' confidential information (including inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, "Confidential Information"). Supplier acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and/or its licensors. The Supplier (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 City 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 Supplier promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Supplier agrees to use protective measures no less stringent than the Supplier 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. 38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Supplier agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Supplier agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Supplier agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the Supplier for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City's sole or joint ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made-for-hire, the Supplier hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City ofl all worldwide right, title, and interest in and to such deliverables. With respect to such work made-for-hire, the Supplier agrees to execute, acknowledge, and deliver and RFP 5629 cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work- made-for-hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. The Supplier further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifcations, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Supplier's obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Supplier agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 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 Supplier 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 Supplier 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 fide established commercial or selling agencies maintained by the Supplier for the purpose of securing business. For breach or violation of this warranty, the City 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 Supplier, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 42. GRATUITIES: The City may, by written notice to the Supplier, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Supplier or any agent or representative of the Supplier to any officer or employee of the City of Denton with 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 Supplier in providing such gratuities. 43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation 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 employee 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 Supplier shall render the Contract voidable by the City. The Supplier shall complete and submit the City's Conflict of Interest Questionnaire (Attachment B). 44. INDEPENDENT SUPPLIER: The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture. The Supplier's services shall be those of an independent supplier. The Supplier agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. The City shall not have supervision and control of the Supplier or any employee of the Supplier, and it is expressly understood that Supplier shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. 45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Supplier and their respective successors and assigns, provided however, that no right or interest in the Contract RFP 5629 shall be assigned and no obligation shall be delegated by the Supplier without the prior written consent of the City. Any attempted assigronent or delegation by the Supplier 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 Supplier or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on any the Supplier invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 49. DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Supplier agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Supplier will share the mediator's fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. 51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be RFP 5629 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 f)�r� �rr�.�:��r°v�c�� If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 54. NON-SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub-awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of Denton. 55. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. 56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable, in addition to the specific federally funded requirements. A. Definitions. As used in this paragraph — i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Supplier, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Supplier, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but RFP 5629 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 sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. l0a - lOd) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Supplier shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and 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 FEES OR TAXES: Provided the solicitation requires an awarded supplier or supplier to be licensed by the State of Texas, any and all fees and taaces are the responsibility of the supplier. 59. PREVAILING WAGE RATES: All suppliers will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and prohibiting discrimination in the employment practices. http://www.access. gpo. gov/davisbacon/tx. html 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Supplier must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Supplier shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Supplier shall demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of of 1978, dealing with issuance of Form W-2's to common law employees. Supplier is responsible for both federal and State unemployment insurance coverage and standard Worker's Compensation insurance coverage. Supplier shall ensure compliance with all federal and State taac laws and withholding requirements. The City of Denton shall not be liable to Supplier or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Supplier shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Supplier's omission or breach of this Section. 62. DRUG FREE WORKPLACE: The supplier shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug- free work environment; and the final rule, government-wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the supplier shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. RFP 5629 63. SUPPLIER LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Supplier shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Supplier and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Supplier shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 64. FORCE MAJEURE: The City of Denton, any Customer, and the Supplier shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event of an occurrence under this Section, the Supplier will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Supplier continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Supplier shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance. 65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Pariy under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Parly's exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. 66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that the City of Denton may have by operation of law. 67. RECORDS RETENTION: The Supplier shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Supplier shall retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Supplier shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. RFP 5629 Exhibit E ATTACHMENT E-CONFLICT OF INTEREST QUESTIONNAIRE ��°�� "��m��r� �; .... �r�� `��°�' ��°�� d"��.v° �� ¢�� w��° �� "��P��m �'�� r�� ' �r�� a��'d��° �� a��° �� re��.�°.w° ��,m�� d�a�'��"� �e�� :�� p��k,�°��" d��"��"a.��m� �u�� "�� ;"��n �r�°M��4��. CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local �overnroental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Coda by a person na�e Re�e��ea who has a business relatibnship as deimed by Section 176.001(1-a) with a local governmental entity and the i person meets requirements under Section 176.006(a). By ]aw this questionnaire must be fled with the records administrator of the local government entity not latec than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. ... �..�.. � Name of person who hns a business relationship with local governmental �t��t,��„ � C6eck this box if you are filing an update ta a previously filcd qucstionnairc. (The law requires lhat you 61e an updated completed questionnaire with the appropriate filing autliority not later than the 7`� busincss day after the date the orieinallv filed auestionnaire becomes incom�lete or inaccurate.l Name of local government officer with whom filer has an employment or business relationship. Nauie of Officer Thls sectlon, (item 3 Including subparts A, B, C& D), must be completed for each o�cer 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 ofHcer named in this section receiving or likely to receive taxable income, other than investment income, from the fller of the questionnaire? Yes ! No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity7 � Yes �� 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? � Yes � No D. Describe each affiliation or business relationship. �Signature of person doing business t mm mmmm� Date WW' �WWWW�with he gov ernmental RFP 5629 Exhlbll F RFP 5629- Evaluation/BAFO Sheet for Substation Medium Vo��g� �u�rst��«��r Buildings Respondent's Business Name: Powell Electrlcal Systems-BAFO Princlpal Place of Business (City and State) Houston, Texas � ____�.�.. Estlmated Item # �'��p�"'�i��a��'.�. ''� UOM Product Description oellvery ARO rie�a � �! 4 1 1 1 1 1 1 4 4 4 Unit Price Extended Prlce (Days) %��0./,//%%'////////,//,/%/%!i/ G��// i iaiirr,,,,, �i�i�//i/��%//,//%/%�/%%i/�%/�i//l,!%%//,%�/%/�i�iiiii �� ii%%//�////%/„///%/i��%%///%/////iii;�,'',%%, ///iiii /// EA Slanderd swilchaear buildlnp - 43L' x 14W'u 12H' S 842,152.00 $ 3,368,608.00 162 w ... w.�.w_.�. .....�.�. . EA Price lo Increase length of building In 1' Increments $ 234.00 5 936.00 EA 4eduction to decrease lenglh of building in 1' increments m� f39' Minimuml $ 234.00 $ 234.00 EA �rice to Increase length of marshalling room in 1' Increments $ Z34.00 $ 234.00 Switchgear building wilh switchgear, marshalling room, � EA doors, end other equlpment an lhe opposite side of building (mirtorof the standaM floor plen) � gg�g.�;.;�;��..�� $ 842,152.00 182 i%�%///��///,�%i i,ii/%//, /ii;ii�%�L/G//////%/i//ii/�(i �ii///%ii�%/iiiaioii�/!///%!;��i!i;,%/,//i�%/i%//%//////iirii,,,,,%/%%/ �/ii////� EA �'Substltule 25kV insulatars for thebus (if feasible) $ - �W .............� EA �SubsUtule porcelain bus inaulators $ 990.00 S � 990.00 182 �_� �� .Addilional 1200A feeder section (would elso requlre EA i9engthening lhe bullding by 4 feel; include only switchgeer riclna on thia llnel $ 83,959.00 $ 83,959.00 182 EA Remote circuit breaker recking capebility �$ 3,652.00 $ 14,608.00 182 ... ........snecificetionYR79 YP _.._.� $ 21�.. ........ . - EA �Thermal monitodn for t ical locations as tlescnbetl in the � . ,823.00 $ 87,292.00 182 EA �NuG��,�tln�M�R��,�qt�CYar Cyy�ac��l 4pcANl+�� es ��aCua�r�eq bri 1�Er�� .. � � 5 32,734.50 __... . �........_ Total ( Annual) $ 4,399,013.00 ��._. Evaluated Total (Includes early payment discount) S 4,399,013.00 Delivery (days, including drawing approval) 245 Item # �fk (y Q,��y UOM �� Detall Answer 11 jj1Y� �� J,f � r( �� Proposed Fabrlcator�� Powell Electrlcal 5ystems rv�_ 12 i, �� Location of Fabrlcatlnp FaciliN? City and State Houston, Texas; U.S.A. _.rv.�.. _ y � If the fabricator Is forelgn, etate lhe name and locallon 13 of the facility in the US that will be used in the event ,�� that repalrs or correclions are necessary: Not Appllcable W ... . .. ..... ........ . . .... . 14 � � � Weeks �Standard drewing approvel time after receipt of ordefT g ii � , �� 15 Are there Items lhat cause the longer dellvery of lhe first building7 Explaln No. � � �� _WW ._.� 16 ��Cl= Years Substatlon conlrol building fabrication experience: In �� , �( � 'VeaB 46 years (Slnce 1968) ......... . .l _....._.,.�.�.�. . -� ..�..........._ Years of experience providing substatlon control 17 � �� Years buildings to utilltles In the Uniled States of America: 46 years (Slnce 1968) d . __ _ . �.�.� 16 �� j� Years Swilch f experience manufacturing Aro-Resistant / Years 1�.� � a� I �ea�: 19 years (Slnce 1995) ShiPPing Pertormance for lhe Past 18 monlhs: .�.�� j��d�f�f��f �. l�fJ ��l p f JfJ ,,,� �J��l �°l��j�(r��f��f�'..��. ._ �.�_.:;�..: .. 19 Projects Number of slmller conlrol building projects shipped in 192 Power Control Rooms In the last 18 months (Ilst Rhe last 18 mOnths: avalable uuon request) l�tl��ir�� ..._.�._ _ .....�._� �+,Ch �€'a� Percentane of shl ments that did not ship on tlme: 4% �.. �W W W..�... .__� �. 21 �� I� 3y., Average�delay for shipments lhat did not ship on tlme: 1-e buslness days _..._____.�. 22 ��Feet�� Pvlaximum length of a single building: � �� 77 feet long guring last 18 months (158 feet�ong Is �� the lon est PCR we have manufactured _...........�.... .. . .........�.�.. __...,�.�, .... .. .�...._� 23 �� Are lhere any exceptions to lhe specification? (If "Yes;' Complete Altachment B of main RFP document) Yes, please refer to completed Attachment B . �.__ ...� ..w . � /JI� � We have reviewed the Price Adjustment clause basedi' � �' ��' on the referenced Bureau of Labor Statislics Produce� � 24 �' � �' Pricing AdJuslment (Explain) Price Index. Should the initlal evelualian of our � � r, proposel be Interest, we respecffully requeat the c opportunlly lo propoae an allemate price adJustm �� r��1 �� Payment Term Dlscounts YIJl (l�y��» A�J � �i ��I1 ��' I �i ��I�,��il� � �II1I�; Ifl��, � � � � � � � Invoice Paid in 20 days N/A � ........� Involce Peld In 15 davs N/A Invoice Paid In 10 da �� vs RFP SB2B Exhibit F i� //i/ � � / I I iYyJ Jl'l� �� J ��i� �,�,��J1lJ� %�i'' //� � !�%! %�% �i„ ��1� �„�„�� October 10, 2014 City of Denton Materials Management 901-B Texas Street Denton, TX 76209 Attn: Karen E. Smith - Assistant Purchasing Manager Ref: City of Denton RFP 5629 - SUPPLY OF ELECTRIC SUBSTATION MEDIUM VOLTAGE SWITCHGEAR BUILDINGS Best And Final Offer (BAFO) for Powell Proposal No. 209830 Dear Ms. Smith: Thank you for the opportunity to submit a Best And Final Offer for the above referenced RFP. Upon receipt of your communication, we initiated an extensive review of all the estimated materials and labor comprising our quoted Power Control Room and Arc Resistant Switchgear in an effort to exhaust all possibilities of a price reduction. As we knew this would be a highly competitive opportunity coupled with our earnest desire to be your selected supplier for this contract, our initial offer represented our most competitive and aggressive pricing and thus it is not feasible to reduce the lump sum price of the Power Control Room / Switchgear quoted in Item No. 1 of the Pricing Sheet. Nonetheless, in our continued interest to earn your business and be able to provide the City of Denton with your electrical equipment needs; we would like to extend a discount of 50% on the Thermal Monitoring System; Item 10 of the Pricing Sheet for any buildings that are purchased in the 12 months of the validity of the contract. As a result, the BriteSpot Thermal Monitoring System as outlined in the Bill of Material on page 20 of our proposal will be provided at $21,823.00 in lieu of the quoted $43,646.00. Consequently, if the two (2) buildings referenced in Section 1 of the "RFP 5629 Exhibit 3 Technical Specification" are procured during the first year, the savings realized will be $43,646.00; with an additional $21,823.00 in savings on each and every additional building that may also be purchased during this 12 month period. RFP 5629 Exhibit F I�/� ��j ��1)Yf''1�'1L,q-. � P WELL Of�% �o�,� ,. �,� io ,�,� �. , Moreover, should the City of Denton choose to exercise the options to extend the agreement for two additional one year periods as defned on Section 6 of the "Request for Proposals", we will continue to offer the option for BriteSpot Thermal Monitoring System at a 25% discount off the $43,646.00 price. This will result in a discounted price of $32,735.00 after the corresponding discount of $10,911.00. If City of Denton projects may require as many as 10 - 16 additional buildings during years 2— 3 as mentioned in Section 1 of "RFP 5629 Exhibit 3 Technical Specification"; then the additional discount of $10,911.00 per BriteSpot System could result in an additional cost savings from $109,110.00 to $174,576.00. Thank you again for the opportunity to participate in this offer. Should you have any questions or require additional information please let us know. Best regards, �� ,�'�--�, Alex Fleishman Regional Sales Manager Powell Electrical Systems RFP 5629 Exhibit F ��, , ,,,ii Jf�/%' ��5��r��»�� % �f ° � �� n October 3, 2014 City of Denton Materials Management 901-B Texas Street Denton, TX 76209 Attn: Karen E. Smith - Assistant Purchasing Manager Ref: City of Denton RFP 5629 - SUPPLY OF ELECTRIC SUBSTATION MEDIUM VOLTAGE SWITCHGEAR BUILDINGS Revised Battery System Scope to include SAFT Batteries Dear Ms. Smith: Per your request on Tuesday September 30th, the following is the revision to our quoted scope to replace the previously quoted batteries for the 125VDC system with SAFT Batteries. Consequently, the following Bill of Material supersedes the battery description on page 5 and 6 of our proposal; and the below "Comments to Specifications" supersedes Comment No. 17 on page 17 of our proposal as well as in Comment 17 of "Tab IV: Attachment B— Exception Form". 125VDC Batteries: Item 1- 125 Vdc Pocket Plate Nicad battery sized as specified. The 92 cell battery consists of 46 type SBM112-2. Price includes all accessories, intercell connectors, cables, lugs, etc. necessary to form a complete battery bank. Item 2- 3 step, non-seismic battery rack consisting of 1 model SL3170 per attached drawing. Size: 15.16"H x 25.39"W x 64.96"L RFP 5629 Exhibit F % '% /i//i '� ; ��""?'� P ��fj %J //J � %/i ��i!�� , , ,. Comments to Specifications: .1.e .1.1 e properly sized battery is 112AH which is very close to the 118AH ecified. The next available size up from 118AH is 138AH which is nificantly oversized based on the profile required capacity. does not offer "battery mats". We do offer drip pans or barrier spill containment systems with absorbent pillows. Should you have any questions or require additional information please let us know. Best regards, �`.W � �� , � ��- �',� � � ��---�,��. � � �' Alex Fleishman Regional Sales Manager Powell Electrical Systems RFP 5629 Exhibit F ��, � . �, � � �" r 11- � '` ' �, * � �, �r � " �r �r `, �• j �r�' r=� : � � '� � i�'� � � r� , � a, � � � �i� �� + � � �� °� + �� Suamitt�d By; Phon�: Fa�: VVebsite: Email: �11ex Fleish.xn.an -- Regianal Sales NZanager ? 1 �-94S-49S5 713-94`7-4453 �.por�aellind.com �lea�.fl��shmanCcr�po�vellit�d.eom � , . . �, Tab. T ......................................................................................................... GQVer SY�eet Tal� IT ......................................................................................................Pricing Sheet TabIIT ....................................................................................... Solicitation Checklist Tal� IV ........................................ Attachment A- Business Qverv�ew Questionnaire Tab V .......................................................................Attach.�nent B- Exc�ption Form � . � �i�� - , �, .:� . . , �:� �'-�. �-: -:n �:a.--.—�,,�,.,.w„.,� ......:. .......Mm,� Tab VII ................................................................... Attachment D- Referenc� Foxm Tab VTTI .............................AttaC�1TT1@Tl� E— COT1fl1C� Q� TYlt��'ESt QUeSt10I]ri21.1T@ FOI°lri TabI� ..............................................................................................Ack.nawledgment RFP 5629 Exhibit F SOLICITATION CHECKLIST �� ................�..........��.� ........._ ...............__ Check � when Task to be Completed by Respondent Comnleted ... ... ,� ... ��..� .... ....................---_ ___g____�______ .�..�_..��.. ...�.� ....�..� �.......�. X E�►ibit 1— Pricin sheet �� X Review Exhibit 2— General Provisions and Terms and Condit ions . _ �.....� . � _�...... .�. �....� X Review Exhibit 3— Scope of Work/Technical Specifications ' " 4— Technical Drawin�s and Plans (ifmmmmm mm T � Review l��f�i��a� ap licable} ...�._��.�..�.��.��. �..��.�� _.... Submission of Exhibit 5—FTP Site Form (if applicable) r��°�� "�t �� ' ^ Review Exhibit 6— Federal Grant Re uirements if a licabl ��mm q C pP e��°��:�� '�� "�� . ...��... �.. w...� ........��_.....� .......... ...�. ��...�..�......�...... ��.,,., X Cover sheet _.� . ..... X Solicitation number � .�.�...�._.��_ ................... . .......................�... .....m..._ X Solicitation name .��_ � ....._.w.�,,, ___..w___.�. .... ....�� ._ _�....� X Firm name ��.�._.� ....��. �.. . . .... ....,� X Fit7n address _....�._.Y_.�a�.w ._ ......................... �.. . �.... . ......ee.........,...._ ------- --..... ..... .. .... .... X Contact name ._.�m��_� ................. .m .............� _.�.�...._........�� X Contact phoue _�� ..... ..�............� ................. �..� _ .. .. �....�� .,.,� X Contact fax ��.........._ X.�...._........m _m_..��..m. Websitead...� � �. � dress .... �www . ..�.��.___._....... X Contact email address ...��.. ..� � .......� ��, ................._ _._�.� �_�......_.�.�.. ....�� X Solicitation Checklist _�.. ...... X Attachment A- Business Overview Questionnaire _ �. �..... ________.__.�.._._._....._ .............� X Document how fiim meets minimum qualifications (Section 3) �w��...�._.......�___. m ��.._........._.�..�...�. �v .. _ ._._��..._._._.n X Detail to support evaluation criteria X Attachment B Exceuti �� on Form .�.w�._�___�� .� .�.....�.... ...�,.,,,, ___- __� _ ...._� Attachment C— Safetv Record Questionnaire (if applicable) ��>�� a�� `� ...... ,........ .�.�....w� .........� .............��......_.��._......_.� .�.W..�� X Attachment D— Reference Fortn _..�� ..�� ..... ............_ .... ...._..._.�.......� � ...... ... ...�..._� X Attachment E— Conflict of Interest Questionnaire Form �. �.....�. X ��. �m_ �.Attachmen.. . � ..,, „.. ._ _._ _......__ _ _. ....._.... .............,...__..__ t F - Acluiowled�ment � � .. .._ .. . .............._....____ ...... X Acknowledgment of Addenda ��X �� One (1) ori�inal subimssion si�ned by autho�� rized officer, in the order specified below .._�... �.e_, m� � sion ��..� ...... �_ _ ..��.._� ._.._�........ � X„�� Three 3) cou�es of the submis� _ X Electronic submission of response via computer memory device or email to Ebidsna,cityofdentoii.com (Section 13) ..� ... .... ... ��.� _�_�.. � ��..�� _� X Email Aricin� sheet (Exhibit 1) to Ebids_@,citvofdenton.com Submit response, with tabs marking each section, in the following order: � � .............�.___.__. _. ...... Order for I �WW�WWU mmmIT� Document Submission . .... ...........�� _.� �_ �..... _.m....... 1 Cover Sheet � _ � ........_._....._ _ _____ ........�. 2�� Pricin� Sheet — Exhibrt 1 _......_ �........ ��... �..�... 3 Solicitation Checklist . ...........4 _.._.� Atta....._� W_.....�.._.. . clunent A- Business Overview Questionnaire _.._ .._ .�..._ . � �._� a�......._.._ .... � � _ ... ... . � 5 Attachment B— Exception Form 6 � Attachment C— Safety Record Questionnaire (if applicable) �'"�'�� "a"�� ' .... ..... . 7...... A.. .....m..� �__ �.�....� _.____ ttachment D — Reference Form .M�......�_..�...�...� .. ..�wm�.� .............._..... _........ _.....�., 8 Attachment E— Conflict of Questionnaire Form _�.�� . _...... ....�.... .. .....�... _._ _.� �.... ...,. 9 Attaclunent F - Acknowledgment RFP 5629 Exhibit F ;�" '; 1:1:�1+1' ►",� ; : 1 1 ' 1 1 ' ' ' � � ' 1. Cantractar I,egal Name (for contracting purposes): Powell Electrical Systems 2. Subsidiary o£ Powell Electrical Systems 3. Organization Class (circle): Partnerslup Corporation Individual Association 4. Tax Payer ID#: 74-1245849 5. Date Established: 1947 6. Histarically Underutilized Business: Yes ox No 7. Does your carnpany have an established physical presence in the State of Texas,, or the City af Denton? Yes ar No, in which? Powell's headquarters are located in Honston Texas; includfng the facility where both the Power Control Rooms and Arc Res�stant Swiichgear offered in our bid will be engineered, fabr�cated, assembled, wired, and inspected. In addihon, all of the activities of Electrical and Mechanical Engineering, Pro,�ect Management, Pracurement, and Qnality Assurance will all take place in the same facility where the Power Control Rooms and Arc Resistant Switchgear will be manufactured. We have a large base of Utilfty and Generation custamers throughout the entire State of Texas as well as customers in the�Ret"�nery and Petrochemical industries. ., s r, � � i • r i•' i 1• i � r � 8. Please provide a detailed listing of all praducts and/or services that your company provides. � , � � � � , . � � �� ; � � � ,; � � R ii + M A� I��II' I! �I I��" �, ,I; 1 I 1f I ,:� . , 1 I,'� 1 !'- ! f J 1'1 1 Ir 1 I, I �"1 • � � � � ` � 1 ,: il � . � � i� : .I11. 1 A I �II :; 1 I"1 �• � i � �, ! !� �: ! ! ` � � � � 1 � ° � ' . ! I , ��.1 �. . I;� , i � 1 ' ' 1- � I ( 1� � � � ��I I f I 1'; . 1 ' i �1 ` I '�11, f' '� 11 +1 I!; 1 'I I � I `II ; � �' I I ' I I "� I i � I 1 �' 1 i �-.1 I X�. RFP 5629 Exhibit F • Powell Service Division Field Service Technicians 9. Has your company filed or been named in any litigation involving your company and the Owner on a contract within the last five years under yoi,u cunent company name or any other company name7 If so provide details of the issues and resolution if available. Include lawsuits where Owner was involved. No. 10. Have you ever defaulted on or failed to complete a contract under your current company name or any other company name? If so, where and why7 Give name and telephone number of Owner. No. 11. Have you ever had a contract ternunated by the Owner? If so, where and why? Give name and telephone number (s) of Owner (s). No. 12. Has your company implemented an Employee Health and Safety Program compliant with 29 CFR 1910 "General Industry Standards" and/or 29 CFR 1926 "General Construction Standards" as they apply to your Company's customary activities? latl�� /�"��°.ca�la� �.��r�"��,Ic��li��c��i��v��xc�l� ��w��,l� ��a�� la�� C��,��",��,��"��a��",,,,,,ml��,�; _level=l&� keWalue=1926 We confirm that Powell has implemented an Employee Health and Safety Program compliant with the above referenced reqnirements. A copy of this safety program is available upon request. 13. Resident/Non-Resident Bidder Determination: Texas Government Code Section 2252.002: Non-resident bidders. Texas law prohibits cities and other governrnental units from awarding contracts to a non-resident firm unless the amount of such a bid is lower than the lowest bid by a Texas resident by the amount the Texas resident would be required to underbid in the non-resident bidders' state. In order to make this determination, please provide the name, address and phone number of: a. Responding fiims principle place of business: Houston, Texas; U.S.A. b. Company's majority owner principle place of business: Houston, Texas; U.S.A. RFP 5629 Exhibit F c. Ultimate Parent Coinpany's principle place of business: Houston, Texas; U.S.A. 26. Provide details on how %rm meets the ��tm aualifications stated in Section 3: m��ia�� m��"a;;�� i��r�� +�i�i�er��Y ��t��^;�r��,��u�;� �� a��e��c��al �`+�� reference . Powell has been supplying the electrical distribution needs of customers such as City of Denton since 1947. We have manufactured Power Control Rooms since 1968, Metal-Clad Switchgear with our PowlVac Circuit Breaker since 1983, and PowlVac-AR Arc Resistant Switchgear since 1995. If Powell is favored with as the selected supplier for City of Denton; the entire project will be executed from our facility in Houston Texas. This includes every one of the disciplines for both the Power Control Room and the Arc Resistant Switchgear; including Electrical Engineering, Mechanical Engineering, Procurement, Project Management, Fabrication, Assembly, Wiring, Quality Assurcance Inspectin, and customer Factory Acceptance Testing. 27. ��a�^��al� �d�t�a�N� �� Ft� ��*�M��t��u� �;�µ��iz� i��be��ir� �� •�� c� ��Z�� In addition to the (3) references in Attaclunent D; the following is a list of other Government andlor Utility companies to whom Powell has provided similar PCR and Arc Resistant Switchgear Projects in recent years: Oncor Electric Delivery, Dallas and Fort Worth We have supplied PCRs with 15kV Arc Resistant Switchgear to Oncor for approxiznately 15 years. Dennis Johnson (817) 215-6189 2. CPS Energy, San Antonio We have supplied PCRs with 15kV Arc Resistant Switchgear to CPS Energy for approximately 15 years. Joe Rodriguez (210) 353-5498 RFP 5629 Exhibit F 3. Nevada Energy We have supplied PCRs with 15kV Arc Resistant Switchgear to Nevada Energy for over 20 years. Ramon Llanas (702)402-2198 4. American Electric Power (AEP) We have supplied numerous inte�ated PCRs with Arc Resistant Switchgear to AEP for many of their projects. Mark Shingleton (614) 716-3879 5. Dominion Power We liave supplied numerous integrated PCRs with Arc Resistant Switchgear to Dominion Power for many of their projects. Toxn Mulcahy (804) 257-4953 6. Consumer's Energy Bought several line-ups of PowlVac Arc Resistant Switchgear, both stand alone and in a PCR Kyle Grassmid (616) 738-5102 7. Public Service Company Colorado — Xcel Energy We have supplied PCRs with 15kV (standard and arc resistant) and 38kV arc resistant switchgear to Xcel Energy for more than 15 years. Julian Rizo (303) 571-6499 Moreover, Powell has long-standing experience designing and fabricating Arc Resistant Switchgear per the specified City of Denton philosophy of an upper "Feeder main breaker position" and "Feeder maintenance brealcer position". As a reference; attached is an example of a similar line-up of switchgear supplied to Nevada Power confirming over 14 years of experience with this configuration. RFP 5629 Exhibit F �� i�vi� � �.f A �, ,:. �' I � � � � ��. f Any exceptions taken to this solicitation must be itemized on the lines below. Additional pages may be added as needed. If there are no exceptions, please sign where indicated at the bottom of the page. Reauest for Proaosal RFP 5629 1. Item 8— We have reviewed the Price Adjustment clause based on the referenced Bureau of Labor Statistics Producer Price Index. Should the initia�r ��+r�l�G�r��ia�r� r�i`�ur,��r��cr�� „��r�� v�� r��t4�rlt �'"re—�r��w�t i�Nx� �'��rr�t��Nt�� r� �� a�� It��•a7�wl�: �z°ie�� r��ss�N��x�� a��resc��9 1�a�� Ct�� °c.vie�u �a��c9 �a��r��av�� l"��4� �a�` r.:;ca�tr��. 1�'�'�'�" �I�� w�M�it � �;M�Nr��a�� Eti"��a�rr�;��u� —'1"��^�ra� a�w��l �t�d�� ° �:�a�t��a ��t�C�� u�a� �a�r�i �� t��t� ��Q��t�� Construction General Provisions ��.m.��c4i�r� 1;� �"�:�_�'r��vr�.l� c��a�aw�� „�.�,.�xc��n i, ��'1��at C� �i¢ ��i�� ll��7�,'�,.��` ��'..:��i � t��te,., Standard Purchase Tenns and Conditions l, ��c:ti�r�'i ... i�i�tat ��"i��s��;ti�� ¢�ci ra��c+�l��a �� c;�,�,�t��1��;��rt�rm� �� c�n?�°��c�wb�a'�rlm� ��%�:t_�� na��rc�T �.� ��i��4��.� ��,1��mM c.c�ar��t �l��t �a ��'�su��' t��c�%r��err�ir �,��7i�„�cs �i�a� �r;�nIT��cz��l ca�'Tsr�k�li�: �a� ��c�cl_�� +��i� ��e �l�t�: �ca6�uw�ia��°"�r�i�u��lz�t��,�at��a�;,��r�,�,1�i��_t�� :t�a�t�°t�ti^ la�ir�. ��r71��a�t�a� sGw�� A�a�� 9a+� 1��1�,f��m,�c��7s�u��t��. A��l��°ec�y �r��ir,��c��ari�l �;i�a�wta�� ti��a�,lta,�w��ta��t° �a�r�.11 �t�rt�t�� tars�x�r �v �i�'c�r��d�4`��w �l�al_1 �"„�rrAi�x��°� ��a��l' li��il� l�ur�r��el_r:�� exceed the price of the goods or services which �ive rise to the claim." RFP #5629, EXHIBIT 3, TECHNICAL SPECIFICATION For Purchase of Medium Voltage Switch�ear Buildines %�� ra�� ... ��c��.ziru� �'t��-'I'��a�are��r�ra�r. ta:w �a��+�rcB� "'E"�rrr��l�t��r� re��qaa��o�". t�� a r�st�1�' r��rw i~� �crs��l t��rlw�c;l�4�_M1��w� c��( e�1` ��ar�tru��ltr�� rt ��te�'�ci �'�'�'�':��rn�1 I'��rt�ey v�!a�1�, llt� �t��t� catm,M ��sGa�, �� ac��`�"��t��a �I��al�,� structural calculations on the Power Control Rooms. �. '��tia�n� l. I��tt +C° � �,��1Ds �"�st° �,7�t��r�l ��ri�t�s ir:��l�at� � 5�'�' I��t� �'a�� 9�"W �1K�� '��ctrc��l. I.�r�� t�s �d��...c1wi��,c�� '� �i��ic�c�� la�ia�vc,�s� ��...I ��CV,_7a�� ?5�V �,I�� s�vit��a��4�� ,��:�"m��l� l��t�.�„�„t�vattl�tO�C�; �� )��m1�r�la,_�;r��t�IT�i.N,.�:A:�� tar�i�'� ��t��' �w t��aC,�t��tr��b,l �rtc� �1��^��;krar�: I�� x��k I��st ir�c�C��d��M r�a wlwa��ia,l��t_i q 1��!ttt��. - 3. Section II — Calls for the arc resistant rear access doors to include upper and lower ventilation openin�s. Please note t��at I? �,�II�� r� �fi�sr�� w� ��u�� tNc�p�� P��._��,�� irrt�1�;�� t�l�t %�� a��r��, �r� ifi�o� r�r�aw'N�� c�ca��7�� tl�a� �� N°��i�t�4�� rt�,,�� z"��° ��r1ma�t� �ri9P �+� ��.a�n��1��8'm�c@ L��r. �rci��u�t�wl�! ��r�w��th�� I-I'��C" ��t�� a� �xwc;la �'i,It.. � ....S,��i,�c�x�mmai!_ mf��a��la�� "��°, 41t� �rv��c ��;u��° iit�.�a��N�� t�� s �1 �r� �(�t�C� ��r7�..�ir��t,�it �� u��ta�l ta� t1ri� s�.+�;CSr�n,. �:n.��c,t��„ [i,z �t��z� � _� N°��.,��e�M�?;��t�c�n a�rci�c��at�,�� :I��, �h� ��rroPslir��'�rza��1� ,a,� t� 8a� k;.�..��t �icl��C�t��• ��rr�ie�il ��aa�� e due to a��a� i'�v�r-�� 1'��a�w��cAt�� a" �� ,L ��. C,ontrol Room is 15 feet wid ... .......... .�, m... rrvr��,�w�,�. la,��..� ��„ve�w� �� ,� s� 9�� recommended aisle clearance from 15kV Switcheear to wall ner NEC Table 110-34 of 6 feet. � ....��;�i��d �T _Ct�d�� w �� . . . � +�� _ _� ` -- ._:� � �.__ �. . ��r�1�� r ��r��c� ��a��Ga� �a�r�pa� �� a��l�t� �t��ro��lc� cam� c�RJ�� . .�ica� ava�lable. The Coromerc�al, �a�r:��zdt��r,��"ti��a� p�r��o��l �s�l�r� ��tlx ra�a��ai�� -��xbr��_t��t�l�ia��..�s �+�� G��r�a�� 4��a�� 1r�'��l��is�� a�9��s� refer to literature on.each attached to this proAOSalI. The "Exhibit 1— Pricin� Sheet" only li,s,ts one line item under RFP 5629 Exhibit F `��n��a�� i��N�� uCc�� r��l�a��c�,�d_i��l�'s._�I�e�a�Cc��e rl'�� ar i�,r, c�l.��a�.l��a�a�tr� 1��Ncd�� a��s�r�r�dm� I�„��^� N�a�e��..�a#4��s� �;7�. that,,,docum„ent, �. �'��,!`i�r�� l� "I". � �..'1"��is ��'��ta�r� �xt";t��c '��o�"�c�t��a ��fls'I`c�r d�se ��.� 1��.�t i`s� �� l?r��-��,_+�m,r�!sct�� C��a� t�rp s�l'" �wl��l�'t�' 1_.� G�r�'�i�r� �M��k�� r�c�i��t�� q°iei��s; qs �� i��E�rcl� ra3,1 c�a;�t� �ca�_f�C�� d��°�', f�t�:w° �tae��r� fa°�isz��i t��na�,mi�tt�r��„ir� a��tr "�"e�� e�c ��,�,l��rc��c��i�a�a, a�t t��i;� �r��c�s�l ��t°� T�r•�-1�� wc�raw�si�t��t �v£�Ir �.I��s ��i"c�rr �f"�I�i� ��r��r�wz�", t µ� �a�;tli,� Technical Specification. "'` � � ��..� . �. _ ....._...�...�,_.�m , �. ��acr��'� iCd C��a�� C�.� -� ��11� 4i��• i�� r�� i��,,�w�t��i „��t�,,��.��ws �.)c��r°� �� !�e ventilahon ouvers. P ease note t at louvers are not available on these doors as thev would comnromise the arc resistant construction inteQritv 9. Section VII, Item E.1. E.2, E.3 — Our nreliminarv HVAC calculations indicate that the heat losses of the intemal �uinment coupled with the interior dimensions of the Power Control Room will result in a coolin�pacitv �c;��,�r�� aC�,� t�`��.__� ��.��"u�c�� I��v� �qt��.a1�c� �� =�"a�� 1�IVA.�, N��il�Ttu �r�ats�a�v �+iik� �1�� rac�t�ur��°i��.xr� tNr�a4: ��c�� unit is full capacity and that the temperature will be maintained even if one AC unit is lost. If other PCR confi�urations �alqt�r 1atr�rti ift�..��q.a�c�l_f3tail�lir��,�.�[1 �+�r�si�¢ a�f"�.�c�cl�C"tc�r��l �er,t��ar�� r�:�,��m��la�� t�� t�a� ��c�i�� r�e�� ;'��,I�'. c�mnmr�c*��a��,..it �rt�ym�s� ��aim�� r� i��`�a��...t'�� w"�'�� ,1�� 1�a �s�s�� wm�t}'� tk�,�, ��i"�/� c°�c�ti'r��utc� ' �M�:c ti�ir°�,rn�,r��. 1 �. ��a;1'ir�� "�llu Yte��s �,5 ... r�t�i�;�� ia�� `'`�� ?�,��1� �1��C c;��a��z°i��'ll�� :�w�.fl��.r xc.�;��..��acq t�� ;l�e�ts �,k��IV �tc�t �� u�t��I� bolted. Tl�ere shall be no exnosed bolts," Please note thatwPowell's Arc Resistant Switchgear construction requires external bolts. l�,lw. ��t��r�:� �°li1 It��r��a 1�. q��- it't�'t�m1�;, t�roat", �'4t r°, s%��a�l l7e �� "+�irtt� i.�� tiw� srn�i�cl� ��r° raa,�r�e� b��. ��s� r�� t��t�� ?�,�r8�v'�� m�mC�"��t��a� �� i�s��i s�a i��n:� v��ic�l s�c8i�rwa�,� ��w� �a� ��n�aav�c� �i°c��r tl� �i��-�� t��c� °�n-aa��r�� h��s 1��:�, ,�c��a;Xsm�� e�c��c�it��_ti��zex.�_i:mt ��v�s r�a�� V�rti��C ��c�ti, n d7r��3 �;r�t�u�� 1�� w��a ��9"�cent to it. 1�. e��la�wr'VCiI 1��rt F� I � ._ �� Il�a�� ?4lt�wt � ��r��ds1 �witc.�� i�wre��c�� `� �� Ci�, �� a f��c�� I�c� �� mS hW��_^�,r��r�„a�a� tcs Ir�a�,�a�ruCc�mi�t�,'� ��il�c^� �Ite��c�E�� i?�?�B��c-�� v��t��7��,w ��r�;��a�� t,tc�� rtu�rt7��1 �6�urr°� ��aaa,��t �3��c;Cw �I��tW��11 ��ar�t�,r�� Nl tr�x��,m��•� f��,��a��.ae�t� �am� r��t t9��;d�t tca t%�_��1�„�� t�� mit v��.�� s:��l� ��1, t�,a [�� mts�c�� t�� I�!L� tBr��r�� •a_ �r�ts �w�� e �r�li ��[m �Kr�m�a:l�m� �r��1Mn�l�,cl ir� t�� r�r�kE�� c�aw�� a�7g�1�+. 1�. ��,cti�wt� "V��. �1.�:� �".�..... �zill� 1,�r �Nr� Io:r°a��3? � ��r��C��_�s�';�l�i��tc� ��i��is� ca�"`"car�� ri~ rr��r� � �� i��xarv��r ��c� iw��r ��w': i7��ut�� td��r.i�l� �,o��t� ��"1��-��ass ��°��P�r�ue's. l?9��s� ��t�.:ti��tIT�`�a��l"� ��y��'s��rrw �mc��ii�i:� �� 7 �tsk�;� ��k�rl.,�aa'��*AZ�r�trr��. ��;a�� ar�c� �� si�7��c��k��li��ic��r e��'�a��• �c��y��t�r°,��a�c�� t�c'��t �ir�t �i°�a�.c��.. �� +�i�� ''�lG1�I't�� T7.1 _.. �.;�11� f�;��r � 6.�: �a�i� �l��ai��7 �+�a;t�;r��,1'1�� a�a�� ' a� 1 �� 1 ��ror,�0.�t��u��ca�psi� T'±�a�vl'�"mm��u 5wiicl��ar are rnade �� al �!�,�.,��ii��r'��CN Iti��rr �`�.J�.. iw:�� k��a1�...,,r� i� i'��,��a I��atc�m�l��cl ��'��! ir��rl��r��. 1��v�wl�"� ��s_wraw��vli�xn�_st��r�, ..a�aw'itt�� F`��rti�� '�C� rt��t�t ��I�rtia�a�. I.:�e��«��v�� u �re;t� cal'Bi��is��:t�i a��au�� i� n,_F°��Mek�?�,�rC h�c� ��t�x �x�cess, utilizing an epoxypowder catalyzed by,lieat; lG, �a��raa �"�11��4�t�� 17.� ��t�1�� Cc��` i�r�_��,aa��_I�a��, i3?�a�...l l��r��.ti..��t�aaa'rr�� t�_��r��r�c�%us�� ver �z„�t�trv�mk v�ir� µ��lka`�w�N�atica��al, �1�_�� t��t.�,c�� t�� f�ax llt�'�"�r��°��1 Cw'd�a��itc�z°%�tG��_i��,des aProSoft5201-MNET-DNPSNET ��1�at�� i�r �)�9�? � � ��a��;�9 u�t�v�u��.�c� �+�t�v_'�a'i �l�c si�r��,kr�rrr� �:II �6�� rana'�rt�r� rw��t�iP� �r� I�� r�r��i�;st��l I��!��,,, 17m Se�ii�r� �/�I� It� J—�ca ents fi°�rn o s�l�cted 125 � Syst� Suppliere 1 Y..�+� ��r��,c�sq mt17�t;'�"�, ��9,1� �m� ��a��a��r_��t�; !�+?'� �t��'�J'i(:'�I l��a�:k�t k?1�� ,�� m I le��t a��l_�v�� ' c�.Y� r�fl° 12.�,�vL�G. �t��id��v�lt��s�, �c�uz�N��„t� � w��a; c�;ll ��' l�i��I7�",' �tr°ir��„v�alt��m_�"��wi�t,�a�l��v_t� a��it�s. 1,��5v_��:r�� c�l� s��a�l��IT^��tic�t i� 1��.�vC:�C" �i�•i�� .r��"� I��vc� ��,t�ci �ft�M��'Ia��R�r�iu� �xt�,�za�t"v�;� ��rl ��r� ��a�t�. �l��at�: �.iv�f�� i� �u �a��l � r��'N�iz,� v��r��.'�"�� ,r•� i� �r�'- tca ��X��_!'�t��i��u �I�a� �tesr;�� l��n�t� ta�"tm �rr,�i4�^i� ��r,�' � � �l�a;��i�� r��'��ir �� s��iar��rr.x� ��f l�fM�v�7C" �:� i#�� I�a��. �e �r�� ?�:�'" ��w�' �.1 ^u.�..��.1��t,r_��N ��ir �.r�l��f�f'�+��I�,i��;�a� 1$)�1 �v�l��.;� string voltage. :"�. "� I�w �i��c:�i 1�� +��v��;� ��Wca � ��r Fs�tt��r;��,?�� ar' 9 i�� r°��A��,�, ��,i�rc�i�7�..�Nt� �Nr�u��,��md�ts�t�r�� c'�k"�i�� r� �q��r��i�� s�_I'��r~� I��y��a_ �v� ��mm�,Et� 1 N �,� I� �a��t�o��,a�� r.��,��tx�r��„W_�w� t6a� �ro�r�7;amm�r�,�aNrot ��r� acceptable. RFP 5629 Exhibit F �:....�r''� ta�� 0�1��t� %��r i�s �^i�� C�� rf°�c�e� ��I w��tz„�,��rr�� %ut,��c�, i�r l�;c��C�,��19 C�"'�9. N��d�a�f��,t�a� �,�a�r� b��.. 1-�a��ac� �r�� +�wv��a�t ��c�� i� i��v��t�ar•d��C ��ntwia� �c�� -lo1U lr��c�at��:��: �.�,�,.,,l��r� ��r�a�k��m� �±� �� '. �t��i'r ��d_� wr��l�� llk�e�r ��° ��•��• si��ce cfti�,��Nt��p I�rr� rs ��r�� z��c�� @��r�;. C�� 'A,ssr�i�: X°��ir�c�,��r �r��C��i�wA�g, �vwd�ra�, iw� �I�� s�� cll �� att"er �t�r��nrci �w�rt��t t��las. ;��,��rui��'�st��i r��;�t� ea�°s l�� provided at additional cost if required. � � .......��c�i.�:�.,.�C�.st� F� �ro !� ��, �ta�tl � ��"ra.9:l ��° t�� k�r o��r�t,�,l ��a��l�� lr� �a� T��c��a�t d,�',��._, t?�`�, �'��a��f��lly_a��,xi��C ��r u�� ' 6�� C t��imr�] N�l�wr�k� wr�a��,;�� a�� a�ra�tbr��e�tl,y ��1��r ��N�;w�,a��4��t��ta �� th�us �11�e� ��a ��i�c� ar�i3.��c�ti�� aficI�� instrument compartment space. 1 �....m`��r�a��_,� �tc��__nm__�. I�.�.._ °i"�a� �""� �:�� 11�.F��-, ��uiti �� c��"�".�Ci� �T"s tc� �� rw,�1^��i�c� �a�� t%+� T��r�� ar�r& ��aax�,��. �� tl�c �[�� ir�;�a{t i�r°a��,��k f�,��c� ��i �e��c� �dd�s +ak t�� rC"r� („"i��c�wit_��•�a��° a�� fl;c��i �ie�� C �1�c 1��1�r ��,ct�i�,E�r��l�?�rs._.�t�� °pca�� ct�� t'a� �� i:�rr�t��AC�r�� w��w�m��_ut� � ��r��r��acl�d� s�Q� �rt C�C��1 �"�C'�. 4��C�� c&�s� �"1��. �� . .w �_ � �.�, ��9'�� ntt�l tlti��s r�nl�± '1 m�� .�,1�_.�t�k��l�� r��r 9.1�� r��k�a' ��res�n��c��c� s��s��; �� ri➢G'1'�� ,1�:�� itii��kl�� i�e c�ti 11r� f��d�r C:"�r��l«rs. �.�"�i�t� ��s �"� ;� r�c��i�� C„�"f"� ��r��° ir�� dd�A�kr�� CT"T:h�C�cl�� :J��1 vwl�icN� ��i�wn� {�� t� i� I�� ai��t�l1�+� a�a� ��c,li �i�l� nk tl��w�rr�; �wmtm��-t��tl��° �i��.tw��acr�a��,: �i�. u��Ci�;� i.�, i��:��'� �" � wv.."�6 he� �" [„E,�N�I� �,��Yl� f�t° ��t� t�� . �i�3�� a C��_"� t�a C�c r��stalled_on the Source Side of �:�rtt,�a�atN�7��t m�dcyt��e� tl�� lrotN�. 'I�'l�r� i� � v�,�''�"'�c��r�z:c��tm�m��it_,_�a�^�v� �c��.• fi��rw�_�°`°��c.t �a�tv: iC��i�w i.�s��ti�� 3�c� �,��w i��w +��a�ucra�� rtrl�� a��C �uru��v' �^ifl� i�� " 1��:..�rl�rcl� �t�ic�� "`�t��'a��;r��_t�ua��d'a��ra�ra� s��at�'I �� i��:�C�r�l�c� ��w �}��z� t�� c�ma �� a�� a�rirtt��a��.t� ��'�N�Is��c� ii�� t�� ir�ar�1 s�f�lz� w��t�� " �vitl��p� �� . t�� P� ��u�w�r° N�u��, �� t�u�a� ��u�.:�� ]'�i�l�,.,�o�ai��a��..c�lr�c^ t��uz��ti�s�� c��tst��rts��r�t�'�� 11s;��rrr, �la�..�a��e�ta�� rl� ��pro1�.�� t�ITtp��? .�" �t�l a1C°' ��t�rc� �'i�B� �r"f�� I�r��rlc�r...�'�'�� h� �-s��tm±��itC��s ��":� i.�� t1a� �w�^�t�lt =c��t' r�rli b�; wnmc.c��rt�N��c��a� �'�ll� � Iw:�'m �i. �ec�i�an_�, �t��tt �:. 9d,.�..,�.�11� �"�rr C�"I' ��c��„ �.�I�a��a�_tr�m R:�� C��z� ��a._.1�r'� �`��ja��tTrupl��.�t ��r�.�a�,�* ��F�il lw'l IKU CT shorting blocks. ��. ��i��n :�, Gt�.ir� �,� � �V_:..:.�.��NP�� a� t6�� '��;�ti�al °1°r��r�s��r°��z tr� �i�� _N��srw��i��; s4��t1��, ,I�r��rc�ll'� cic�i�m� ciu�� rna�t i��lucl� ��<r�rr�' �k��r%t�a,� f�rou� ifla� �'"1� a�Gi��,�� m�4�m��;��l��;f�� a�rc,� ��7� ��°1 a�r��w mc�� :�s��C�lw �� ;��k�.�l r��at�..l��c�m�� c�k��r�� .ae s�� c�e��cl �^1Mrl� 19�r� N•��• �s� l��e r°r�Nl-a��t ��t��rl,��Y�rrot �c�¢�vc�:a �� t t��, � �e� ��w�t�,t �p�� c�;��t�a� ,��tclWilt� x�t�ir� #,�r,� connection points. .��.:? �.��r�iir�r� � IS�;�tt � ,�, �.w ��t�I�s (��wr° � 1' ��,��:.P 1 �_�� rr,ywtw�l�� d� �� t�bi�� W7,�""�.� ��.� ��cl ��a�,�W�e��^�rt��w�� T�,��; 1'� Y;C� C"3 ;�k� a�C� �t��j+�� tc� ca±�Kn��_�a�a�rc��K�l �s �i.lsa�?,�ed %i�x t�t� l��si��N� c�x'�;��.t�v�� va� �v��1tk liicarwtcr �,�a�i°��aC t��w°, a_ca��^�i��p��armr l%aa �a�� i"�l�xt`�� %"1�..� �'c�t,_�'��Nu1,��,,°aty�� a� �'��)�5 wN�c�;�w ��x� ��'�av��;il'� �t��i�rci ��c� �i,��. allow a more economical proposal. ��±..��t�uua ��m��r� ��ra•�� lgst'�'�l'1 L�c� �r��z�c� ��t�;r kB�r� �uz��l�t�� r�f�dl��a��ti c��t�ir��;�r•irr�. � _ ..._ ---- --. ' �I.......n �_ .._.. � � �� M. � Company Date RFP 5629 Exhlblt F , t, ��'��.IR1�" i,"�' `,# r � Please list three (3) Government references, other than the City of Denton, who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this solicitation. REFERENCE ONE ' GOVERNMENT/COMPANY NAME: CITY OF GARLAND LOCATION: GARLAND, T�XAS CONTACT PERSON AND TITLE: GEORGE BECK TELEPHONE NiTMBER,:,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, (972. -205-3040 __m_ _ SCOPE OF WORK: POWER CONTROL ROOMS AND ARC RESISTANT SWITCHGEAR CONTRACT PERIOD: 15 YEARS i M i � i..�� Y L' 1\LV L`6��A.+� � 1°6C7 , .6�L �L°iJl.f .Ci��6,r� Cr [,��A"[°iC�I�T: -- — E_L__ I�A5�, T'� S CONTACT PERSON AND TiTLE: : PATRT(;K I�iJEVANO _..�..�_...�97� TELEPHONE NUMBER: m�_ �_ �_ � 91 � �4�-5 � � _ `a�;":4��'E'� ��' 'a��"��I�. Y%�"�"t.::l'� �'Md7'P"�°1"C�f��.� ��:�D(�l"w�� I��9C� ,+�� 1�9��T�'�"a��'I" �k�J� T"t"�_IC��^„��Z CONTRACT PER[OD: l5 YEARS REFERENCE THItEE GOVERNMENT/COMPANY NAME: AUSTIN ENERGY LOCATION: ar �cTIN* �rFxac _� '� CONTACT PERSON AND TITLE: HOMER PORTILLO TELEPHONE NUMBER: (5121505-7133 �C�'�.�T�I� ��a'�`�[�L�:C�.: k��l?l� �"�'i�T"�C�Y��, ��,��C)C�� 1!9�a ��' G��°["�4�G'1" �°+�['��,�iC�I.�T� . ,._ CONTRACT PERIOD: 15 YEARS RFP 5629 Exhibit F �-ACKNOWLEDGEMENT The undersigned agrees this submission becomes the property of the City of Deuton after the o�cial opening. The undersigned affirms he has familiarized himself with the specification, drawings, exhibits and other documents; the local conditions under which the work is to be performed; satisiied himself of the conditions of delivery, handling and storage of materials and equipment; and all other matters that will be required for the work before submitting a response. The undersigned agrees, if this submission 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 specification. The period for acceptance of this submission will be 120 calendar days unless a different period is noted. The undersigned affirms that they are duly authorized to execute this coniract, that this submission has not been prepared in collusion with any other respondent, nor any employee of the City of Denton, and that the contents of this submission have not been communicated to any other respondent or to any employee of the City of Denton prior to the acceptance of this submission. 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 se4., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et sea. The undersigned affirms that they have read and do understand the specifications, all exhibits and attaclunents contained in this solicitation package. The undersigned agrees that the solicitation package posted on the website are the official specifications and shall not alter the electron.ic copy of the specifications and/or pricing sheet (Exhibit 1), without clearly identifying changes. The undersigned understands they will be responsible for monitoring the City of Denton Purchasing Website at: http://�vww.citvofdenton.com/index.aspx7page°397 to ensure they have downloaded and signed all addendum(s) required for submission with their response. I certify that I have made no willful misrepresentations in this submission, nor have I withheld information in my statements and answers to questions. I am aware tliat the information given by me in this submission will be investigated, with iny full permission, and that any misrepresentations or omissions inay cause my submission to be rejected. Acknowledge receipt of following addenda to the solicitation: Addendum No 1 Dated ,�,,, Au�ust 21, 2014 Addendum No 2 Dated �....��.....�........ �,,,.,... Addendum No 3 Dated NAME AND ADDRES5 OF COMPANY: Powel.l Electrical Systems RSSfI Mnclev Hni��tnn TX 77n7S ..........................�.�...................................��..�. Tel. No. 713-948-4955 Email. alejandro.fleishman�a powellind.com RFP 5629 Received Auaust 21. 2014 �,�- .......�� Received Received �......�.' ..............� �� AUTHORIZED �" ��"�" , �I '" l�ra Signature _.__ _. . . . ... � - Date Sebtember 17, 2014 Nama Alex Fleishman Title Re�iona_l_Sales Mana�er F� No. 713-947-4453 Exhibit F � ' !,�/ ��,. i�ii% � � � � � �� „�� %�%� I /��' QUOTATION NO. 209830 September 18, 2014 REFERENCE: RFP 5629 SUPPLY OF ELECTRIC SUBSTATION MEDIUM VOLTAGE SWITCHGEAR BUILDINGS City of Denton Materials Management 901-B Texas Street Denton, TX 76209 Attn: Karen E. Smith - Assistant Purchasing Manager Dear Ms. Smith, Thank you for the opportunity to submit this proposal to the City of Denton and to earn your business. Powell is pleased to submit the following equipment proposal for your review and consideration. The quoted Power Control Room and Arc Resistant Switchgear Pricing includes an extended warranty of 5 years / 60 months from the date of shipment from Powell factory; which exceeds the industry standard of 12 months from energization / 18 months from shipment. Please let us know if you have any questions or require any additional information. Thank you and best regards, Alejandro Fleishman Regional Sales Manager Powell Electrical Systems Powell Electrical Systems, Inc. Powell Electrical Manufacturing PO Box 12818 • Houston, TX • 77217 RFP 5629 Powered by Safety� Tel: 713.944.6900 • Fax: 713.947.4453 Visit us at vavaw.op�w�ll�,in��eam 020D5 Powell IridusMes, i�. • AU Hghts reserved. EfTldl� US dC IYY�CYC�DCIW��7YYd.CfJYLt Exhibit F � ' POWELL City of Denton QUOTATION NO. 209830 September 18, 2014 Page 2 REFERENCE: RFP 5629 Power Control Room One (1) Powell PCR�, Power Control Room suitable for installation in an unclassified area with approximate exterior dimensions of: 15'0" Wide with 3" wall thickness 43'0" Long with 3" wall thickness 12' 0" High less base and roof cap (interior height) Estimated shipping dimensions and weight: 15' 9" Wide including 4.5" overhang on each side 43' S" Long including 2.5" overhang on each end 14' 0" High including base and roof cap Structural Base: • Welded channel construction, skid type, with structural supports and removable lifting lugs • Steel floor, 1/4" thick with non-skid paint. 6 Floor penetrations, with surface mounted covers Metal Preparation and Paint Finish: • The welded base assembly is grit blasted to comply with the Commercial Blast Standard SSPC-6 as published by AISC. • After blast, an undercoat is applied to the entire base using an industrial grade, high solid, and high build epoxy. The undercoat is applied to a minimum thickness of 4 mils. • The structural elements of the base including all channels and angles are caulked to seal gaps and spaces that might allow moisture to collect. • A second application of industrial grade, high solid, high-build epoxy is applied to the bottom of the base assembly. This application is BLACK in color and is applied to a minimum thickness of 4 mils. • The sides of the base are finished using a black polyurethane paint with a minimum thickness of 2 mils. • Total dry film thickness after coating: • For the floor is 4 mils minimum • For the sides of the base is 6 mils minimum • For the bottom of the base is 8 mils minimum • Exterior interlocking panels, will be White (ANSI O1) polyester powdercoat per Powell Application Procedure. Interior wall liners will be White polyester powdercoat per Powell Electrical application procedure. All interlocking panels and interior wall liners are pre-painted prior to assembly. An all weather sealant is applied to all seams. RFP 5629 Exhibit F ' P 0 W E L L QUOTATION NO. 209830 � September 18, 2014 Page 3 City of Denton REFERENCE: RFP 5629 Exterior Wall, Interior Wall, Ceiling, and Roof Panels: • Exterior walls and roof to be constructed of interlocking Powell, Pow-R-Loc panels. The design as a minimum, is to meet wind load requirements of IBC 2009 • Wall panels of 18 gauge galvanized steel White (ANSI O1) (textured) • Roof panels of 18 gauge galvanized steel White (ANSI O1) (textured) • Interior wall liner panels 16 gauge galvanized steel • Interior ceiling panels 16 gauge galvanized steel • Roof will have a slope of three inches over the entire width Insulation for Base, Walls and Roof: Polyurethane spray on foam with POWLCOAT undercoat (3" R-18) meets ASTM E84 Flame Spread Test Walls will be insulated with 2.75 Rigid Foam Board Insulation to R-17 Ceiling will be insulated with Rigid Foam Board Insulation to R30 Doors and Hardware: 2 Sets of aluminum panic door hardware, with door closer & key lock 1 Personnel door, single wide, 3' x 7', Painted Galvanized Steel with 12" X 12" viewing window and R11 insulation 1 Equipment door, single wide, 4' x 8', Painted Galvanized Steel with 12" X 12" viewing window and R11 insulation 7 Painted galvanized equipment rear access doors without split, Arc-resistant 20 Linear Feet of interior wall partition, 18 gauge with 16 gauge inner liner 1 Interior personnel door, single wide, 3 x 7 Feet, 14 gauge with hardware The PCRO will include the following accessory items: 1 AC panel 120/240 Volt 1 Phase, 3 Wire, 225A Main Bus, 42ckt with Main circuit breaker, IOkAIC 2 DC Power Pane1250VDC, 225 Amp Main Bus, 40ckt with 150A Main circuit breaker, IOKAIC 1 Lot of Interior fluorescent T8 lighting fixtures with wire shroud, and 2- 32 watt lamps 1 Interior fluorescent T8 lighting fixtures, with emergency ballast suitable for 90 minutes on power loss for 1 lamp 1 Lighting contactor assembly for use with fluorescent lighting as required 4 Three way switches 2 One way switches 2 Telephone Jacks 9 GFCI receptacles, general purpose 1 H-O-A Switch 2 Exit & Emergency Light Combo with dual lamp head, 120/277 VAC RFP 5629 Exhibit F � ' POWELL City of Denton QUOTATION NO. 209830 September 18, 2014 Page 4 REFERENCE: RFP 5629 Lot of EMT conduit or other suitable raceway for building services Lot THHN/THWN wiring for utility lights, receptacles and space heater circuits Equipment Power and Control Wiring and Interconnections: 24 Feet of cable tray 6", 12", or 18" wide x 6" deep Aluminum 24 Feet of cable tray 24" wide x 6" deep Aluminum 2 Cable tray tees 6" deep 6", 12" or 18" wide 4 Cable tray elbows 6" deep 6", 12", or 18" wide 1 Lot of control / instrumentation wiring limited to 1 Lot of power cable Grounding System: 130 Linear feet of bare Copper ground bus 1/4" x 2" 4 Copper ground pads on diagonal corners of building frame Exterior Devices: 2 General Purpose exterior light, 70 watts High Pressure Sodium WAL-PAK with Photocell Battery and Charger Equipment: Fully automatic battery charger P4500TT-1-125-25: Model: P4500TT-1-125-25 Input: 240 Volts +/- 10%, 1 Phase, 60 Hertz, 28 A Output voltage: 125 VDC NominaL• Min VDC: 90 Max VDC: 144 Output current: 25 Amp NominaL• Min IDC: 0 Max IDC: 25 Input circuit breaker: SOA,IOkA-120/240VAC SOA,3kA-130VDC CABINET : 1-ARM- 400-1, 30Hx20Wx15D (in) 762Hx508Wx356D (mm) 16GA/1.Smm STEEL,GREY ASA 61 NEMA1, IP20,Weight 1001bs/45kg VAC:240, Float: 133.4, Equalize: 139.84 Ripple is 30mV @ batteries 2 installation, operation and maintenance manuals AC failure alarm, Msg Latch, Relay #: 5, No Relay Latch, Fail Safe, Time Out: 30 sec Earth leakage alarm: LCD message only: Negative, Adjustment: 5 mA, Msg Latch, Relay #: 4, No Relay Latch, Fail Safe, Time Out: 30 sec Earth leakage alarm: LCD message only: positive, Adjustment: 5 mA, Msg Latch, Relay #: 4, No Relay Latch, Fail Safe, Time Out: 30 sec EQO1: Manual Equalize, Time Out: 8 H RFP 5629 Exhibit F I P O W E L L QUOTATION NO. 209830 � September 18, 2014 Page 5 City of Denton REFERENCE: RFP 5629 High Volts Alarm: Battery , Adjustment: 146.832 V, Msg Latch, Relay #: 2, No Relay Latch, Fail Safe, Time Out: 30 sec High Volts Alarm: rectifier High Volts shutdown: Software, Adjustment: 153.824 V, Msg Latch, Relay #: 0, No Relay Latch, Fail Safe, Time Out: 30 sec Low DC Volts Alarm: battery, Adjustment: 106.72 V, Msg Latch, Relay #: 3, No Relay Latch, Fail Safe, Time Out: 30 sec Low DC Volts Alarm: rectifier: l Ominutes delay Rectifer failure alarm, Adjustment: 113.39 V, Msg Latch, Relay #: 1, No Relay Latch, Fail Safe, Time Out: 30 sec 1 x Relay 1 x PR7-Individual alarm relays (K1, K2, K3, K4, K5, K6, K7): 125VDC,0.25A, 1 common + 6 individual, SPDT [CRO1M04F01-009] 1 x Output circuit breaker ,IOkA-120/240VAC, ,3kA-130VDC 1 x CABINET 1-ARM- 400-1, 30Hx20Wx15D (in) 762Hx508Wx356D (mm), 16GA/1.Smm STEEL,GREY ASA 61, NEMA1, IP20,Weight 1001bs/45kg [ENO1M16F01-003] 1 x Life line along with load bank 125VDC Battery System: Model: KBL118P Specific Gravity: 1.215 Ah Rating @C5: 118Ah Number of Cells: 92 Number of Jars: 46 Number of Plates: 11 Jar Weight: 16.1 lbs. Battery Weight: 1481 lbs. Battery String Information: Float vDC: * 128.8 vDC Nominal Float Max vDC: * 140.0 vDC Nominal Equalize RFP 5629 Exhibit F ' P OW E L L QUOTATION NO. 209830 � September 18, 2014 Page 6 City of Denton REFERENCE: RFP 5629 125 VDC 25 Year NiCd Pocket Plate Station Battery sized per the below parameters Key Parameters: Parallel Strings: 1 Number of Cells: 92 Minimum Temp: 77.0 F Number of Jars: 46 Design Margin: 1.10 Cell Final Voltage: 1.10 vDC Aging Factor: 1.25 Load (amps) Time (min) Period 1 48 1 Period 2 6 478 Period 3 48 1 Total Time: 8 hr. AH Removed 83.25 3 Step Standard Rated Battery Racks: Model: SGL-320 Style: 3 Step Rails: Powder Coated 'Painted' Rail Rating: Standard Length: 76.77 in Width: 25.39 in. Height: 15.16 in. Height to top of battery: 31.10 in Per Battery String Rack Weight: 105.4 lbs. System Weight: 1586.1 lbs Spill Containment — Enviroguard Eagle System Model: EAGLE-K-29-81 Eagle, Floor Anchor, KOH NabPills & SOCs Length 81 in Width 29 in RFP 5629 Exhibit F � ' POWELL City of Denton QUOTATION NO. 209830 September 18, 2014 Page 7 REFERENCE: RFP 5629 Fire, Gas, and Smoke Detection Equipment: 1 CO2 10 LB. fre extinguisher Rated B-C Standard HVAC System: 1 Building HVAC system for an unclassified area, to include: 2 5-Ton Wall mounted HVAC with 9kW electric heat unit 208-230/60/3, 3-phase, 60 Hz to include: - Aluminum air conditioner cabinet - Low Ambient control to 0° Fahrenheit - Anti-short cycle timer - Phase monitor control - High and low pressure switches - Factory installed disconnect switch - Dry contacts for remote alarm or lockout 1 Auto changeover digital thermostats HVAC Accessories: 2 High temperature alarm 1 Lead leg controller (Controls a maximum of two(2) wall mounted units) Mechanical Equipment Installation: 1 Lot of installation of Powell furnished equipment to include: 7 Sections of Medium Voltage ARC Resistant Switchgear Complete with Plenum Assy. 1 Mechanical installation of a circuit breaker test cabinet 2 Wall Mounted HVAC Units 2 Wall Mounted ATS 3 Single Door Wall Mounted Junction Boxes Additional Equipment and Supply: 1 Marshalling Room Panel 10 to consist of the following: Steel pan assembly approximately 48" x 144" to include the following items mechanically installed but not wired except for interface wiring from Switchgear per the signals list in Section 10.E.4 of the Technical Specification: • 1 Lot of Unistrut to allow mounting of panel to PCR wall • 1 Lot Spring Nuts with hardware • 35 12 point terminal blocks • 14 4 point shorting blocks • 6 Fuse blocks with fuses • 1 Fuse block with fuse • 1 Lot of 2x4 cable raceway with cover • 1 Lot of 4x4 cable raceway with cover RFP 5629 Exhibit F ' P 0 W E L L QUOTATION NO. 209830 � September 18, 2014 Page 8 City of Denton REFERENCE: RFP 5629 � 1 2 1 RFP 5629 • 1 Lot of6x4 cable raceway with cover Marshalling Room Panel 11 to consist of the following: 1 Steel pan assembly approximately 48" x 192" to include the following items mechanically installed but not wired. • 1 Lot of Unistrut to allow mounting of panel to PCR wall • 1 Lot of Spring Nuts with hardware • 35 12 point terminal blocks • 1 Lot of 6x4 cable raceway with cover • 1 Lot of 2x4 cable raceway with cover • 1 Lot of 4x4 cable raceway with cover Set of 25kV, 2000A, 150kV BIL Roof Bushings and roof structure for mounting bushings Lot of HVAC Duct from HVAC Unit #1 and HVAC Unit#2 to Marshalling Room 12" Exhaust fan to force conditioned air from the Marshalling Room to area above switchgear Exterior Conduit Riser on outside wall of Marshalling Room, to include cable riser tray Square D200A Manual Transfer/Disconnect switch for transfer between CPT AC source and external AC source Square D200A Manual Transfer/Disconnect switch for transfer between Building Battery source and external DC source Junction Boxes at each exterior door for installation of door access control system in the field by DME Meltric External DC Receptacle Assembly Part No. 31-64176-K07, 31-68176-K07, 6PH1, 31-6A053-080-1, and Kellems Strain Relief Part No. 7401025 Eye Wash & Bowl Protective goggles face shield, gloves, and apron. Lot of Internal device nameplates if required Bulkhead frame assembly with blank aluminum cover Arc Vent Assembly Structural Analysis by Professional Engineer in State of Texas to confirm PCR design and structural integrity per IBC 2009 Exhibit F ' P 0 W E L L QUOTATION NO. 209830 � September 18, 2014 Page 9 City of Denton REFERENCE: RFP 5629 Arc Resistant Switchgear One (1) line-up of PowlVac-AR� arc resistant metal clad switchgear with vacuum circuit breakers in accordance with ANSI standards C37.09, C37.20.2, C37.20.7, and rated as follows: Maximum Voltage Class: 15 kV Service Voltage: 13.8 kV Basic Impulse Level: 95 kV Power Frequency Withstand: 36 kV Voltage Range (K factor): 1 Short-circuit Current Rating: 25 kA rms Close and Latch Capacity: 67 kA Peak Close Voltage: 125 VDC Trip Voltage: 125 VDC Frequency: 60 Hz 7 Vertical sectionsof inetal clad switchgear each with the following common features: • Indoor enclosure, 11 gauge steel • Basic two high Type II construction including arc resistant rear access door as an integral part of the PCR� • Top mounted plenum to vent the arc byproducts • 2000A main bus, silver plated copper, 3 phase, 3 wire • Flame retardant and track resistant Bonded Epoxy bus insulation system • Epoxy main bus pass through insulators in a glass polyester mounting • Carbon steel Grade 5 mounting hardware, plated for corrosion protection • Phase polarity 1 2 3 or A B C, front to back, top to bottom, left to right • Ground bus, 1/4 X 2, bare copper • Control terminal blocks, 600 volt, 30 ampere • Control wiring, 14 gauge, 41 strand, type SIS with VW-1 flame retardant rating • Control wire termination, insulated, ring tongue, crimp type • Current transformer shorting type terminal blocks • Current transformer control wiring, 12 gauge, 65 strand, type SIS with VW-lflame retardant rating • Current transformer terminations, insulated, ring tongue, crimp type • Common DC bus #8 AWG SIS wire with seamless ring tongue terminations • Laminated plastic device nameplates, stainless steel mounting screws • Wire markers, sleeve type • UL listed - AR Classified • Texture powder coat paint finish • ANSI-61, light gray exterior with white instruinent panels RFP 5629 Exhibit F ' P 0 W E L L QUOTATION NO. 209830 � September 18, 2014 Page 10 City of Denton REFERENCE: RFP 5629 1 Thermostat for control of space heaters 2 Ground cable lugs (4/0) CUBICLE 1 Equipment Set to include: 1 SEL-587Z Relay, Part Number 0587ZOXZ625312XX 1 SEL-387 Relay, Part Number 0387604X53XX4XX 3 Device 86, lockout relays 86TA, 86BA, 86AR; Electroswitch LOR-1, 12 contacts (Three Decks) part no 7803D 2 White Allen Bradley indicating lights, 800T-QSTH13 2 Amber Allen Bradley indicating lights, 800T-QSTH13 4 States test switches for TS1, TS2, TS3, TS4 1 Set of switchgear AC control power equipment, to include: 1 Closed door racking type roll-out assembly complete with primary fuses 1 Secondary molded case circuit breaker 1 Set safety interlocks primary & secondary 1 Control power transformer, 15kVA, 7600 -120/240V, single phase MAIN circuit breaker equipment set to include: 1 Circuit breaker cell rated 2000 ampere with a single action (latch -unlatch), Arc Resistant door with, closed door racking provision, viewing window, integral light and remote switch, riser bus, cell studs, cycloaliphatic epoxy spouts, automatic isolating shutters, manual closed door trip unit, and cell interlocks as required by ANSI. 1 Silver plated copper runback bus assembly rated 2000A with boots • Epoxy bus stand off assembly 1 PowlVac drawout vacuum circuit breaker rated 15kV, 2000A, 25kA with closed door racking provision 15PV25, with 2"a" & 2"b" contacts 1 Circuit breaker open/close control switch 2 Allen Bradley indicating lights, 800T-QSTH13, Red and Green 1 Circuit breaker switch, MOC 16 circuit (8 a& 8 b) 1 Circuit breaker switch, TOC 13 circuit (7 a& 6 b) 1 Circuit breaker shutter position indicator 1 Closed door racking to include viewing window, light 120 VAC LED type with switch 1 Emergency push to trip switch with protective cover l Door provision for electrical racking device 1 Mechanical rear door interlock (Interlocks the rear cell door to the breaker cell) 1 Set close circuit disconnect fuse block with fuses 1 Set trip circuit disconnect fuse block with solid link 1 SEL-351 S Relay, Part Number 0351 S6X3D4E5421 1 SEL-501 Relay, Part Number 0501203X5613XB 6 Current transformers, single ratio, C200, 2000:SA 6 Current transformers, single ratio, C200, 3000:SA 3 Current transformers, multi ratio, C200 RFP 5629 Exhibit F ' P 0 W E L L QUOTATION NO. 209830 � September 18, 2014 Page 11 City of Denton REFERENCE: RFP 5629 3 States test switches for TSN, TSH, TSL 1 Lot nameplates 3 Station Class Surge Arresters, 10 kV, polymer 1 Set of switchgear main bus voltage monitoring equipment, each to include: 1 Closed door racking type roll-out assembly complete with primary & secondary fuses 3 Voltage transformers, 7620:120 volt 4 FEEDER circuit breal�er equipment sets "Main Breaker Position", each to include: 1 Circuit breaker cell rated 1200 ampere with a single action (latch -unlatch), Arc Resistant door with, closed door racking provision, viewing window, integral light and remote switch, riser bus, cell studs, cycloaliphatic epoxy spouts, automatic isolating shutters, manual closed door trip unit, and cell interlocks as required by ANSI. 1 Silver plated copper runback bus assembly rated 1200A with boots • Epoxy bus stand off assembly 1 PowNac drawout vacuum circuit breaker rated 15kV, 1200A, 25kA with closed door racking provision 15PV25, with 2"a" & 2"b" contacts 1 Circuit breaker open/close control switch 2 Allen Bradley indicating lights, 800T-QSTH13, Red and Green 1 Circuit breaker switch, MOC 16 circuit (8 a& 8 b) 1 Circuit breaker switch, TOC 13 circuit (7 a& 6 b) Circuit breaker shutter position indicator Closed door racking to include viewing window, light 120 VAC LED type with switch Emergency push to trip switch with protective cover Door provision for electrical racking device Mechanical rear door interlock (Interlocks the rear cell door to the breaker cell) Set close circuit disconnect fuse block with fuses 1 Set trip circuit disconnect fuse block with solid link 1 SEL-351 S Relay, Part Number 0351 S6X3D4E5421 6 Current transformers, single ratio, C200, 2000:SA 3 Current transformers, multi ratio, C400 2 States test switches for TSA 1 Lot nameplates 4 FEEDER circuit breaker equipment sets "Maintenance Breaker Position", each to include: 1 Circuit breaker cell rated 1200 ampere with a single action (latch -unlatch), Arc Resistant door with, closed door racking provision, viewing window, integral light and remote switch, riser bus, cell studs, cycloaliphatic epoxy spouts, automatic isolating shutters, manual closed door trip unit, and cell interlocks as required by ANSI. 1 Silver plated copper runback bus assembly rated 1200A with boots • Epoxy bus stand off assembly RFP 5629 Exhibit F ' P 0 W E L L QUOTATION NO. 209830 � September 18, 2014 Page 12 City of Denton REFERENCE: RFP 5629 1 Circuit breaker open/close control switch 2 Allen Bradley indicating lights, 800T-QSTH13, Red and Green 1 Circuit breaker switch, MOC 16 circuit (8 a& 8 b) 1 Circuit breaker switch, TOC 13 circuit (7 a& 6 b) 1 Circuit breaker shutter position indicator 1 Closed door racking to include viewing window, light 120 VAC LED type with switch 1 Emergency push to trip switch with protective cover 1 Door provision for electrical racking device 1 Mechanical rear door interlock (Interlocks the rear cell door to the breaker cell) 1 Set close circuit disconnect fuse block with fuses 1 Set trip circuit disconnect fuse block with solid link 1 SEL-351 S Relay, Part Number 0351 S6X3D4E5421 6 Current transformers, single ratio, C200, 2000:SA 3 Current transformers, multi ratio, C400 2 States test switches for TSB 1 Lot nameplates 3 Station Class Surge Arresters, 10 kV, polymer BUS TIE circuit breaker equipment set 7A "Main Breaker Position" to include: 1 Circuit breaker cell rated 2000 ampere with a single action (latch -unlatch), Arc Resistant door with, closed door racking provision, viewing window, integral light and remote switch, riser bus, cell studs, cycloaliphatic epoxy spouts, automatic isolating shutters, manual closed door trip unit, and cell interlocks as required by ANSI. 1 Silver plated copper tie bus assembly rated 2000A • Epoxy bus stand off assembly 1 PowlVac drawout vacuum circuit breaker rated 15kV, 2000A, 25kA with closed door racking provision 15PV25, with 2"a" & 2"b" contacts 1 Circuit breaker open/close control switch 2 Allen Bradley indicating lights, 800T-QSTH13, Red and Green 1 Circuit breaker switch, MOC 16 circuit (8 a& 8 b) 1 Circuit breaker switch, TOC 13 circuit (7 a& 6 b) 1 Circuit breaker shutter position indicator 1 Closed door racking to include viewing window, light 120 VAC LED type with switch 1 Emergency push to trip switch with protective cover 1 Door provision for electrical racking device 1 Mechanical rear door interlock (Interlocks the rear cell door to the breaker cell) 1 Set close circuit disconnect fuse block with fuses 1 Set trip circuit disconnect fuse block with solid link 1 SEL-351 S Relay, Part Number 0351 S6X3D4E5421 6 Current transformers, single ratio, C200, 2000:SA 3 Current transformers, multi ratio, C400 2 States test switches for TSA RFP 5629 Exhibit F � ' POWELL City of Denton QUOTATION NO. 209830 September 18, 2014 Page 13 REFERENCE: RFP 5629 1 Lot nameplates BUS TIE circuit breaker equipment set 7B "Maintenance Breaker Position" to include: 1 Circuit breaker cell rated 2000 ampere with a single action (latch -unlatch), Arc Resistant door with, closed door racking provision, viewing window, integral light and remote switch, riser bus, cell studs, cycloaliphatic epoxy spouts, automatic isolating shutters, manual closed door trip unit, and cell interlocks as required by ANSI. 1 Silver plated copper tie bus assembly rated 2000A • Epoxy bus stand off assembly 1 Circuit breaker open/close control switch 2 Allen Bradley indicating lights, 800T-QSTH13, Red and Green 1 Circuit breaker switch, MOC 16 circuit (8 a& 8 b) 1 Circuit breaker switch, TOC 13 circuit (7 a& 6 b) 1 Circuit breaker shutter position indicator 1 Closed door racking to include viewing window, light 120 VAC LED type with switch 1 Emergency push to trip switch with protective cover 1 Door provision for electrical racking device 1 Mechanical rear door interlock (Interlocks the rear cell door to the breaker cell) 1 Set close circuit disconnect fuse block with fuses 1 Set trip circuit disconnect fuse block with solid link 1 SEL-351 S Relay, Part Number 0351 S6X3D4E5421 6 Current transforiners, single ratio, C200, 2000:SA 3 Current transformers, multi ratio, C400 2 States test switches for TSA 1 Lot nameplates Arc Detection System to consist of: 1 REA 101-AAAv50-60 Hz, 110-240 V AC 110-220 V DC Central unit with optolink connectors for plastic fbre. 4 REA107-AA Extension unit for lens type sensors 1 1 MRS 120512.010 Premanufactured Fiber Sensors 10 m Premanufactured fber sensors. 4 1MRS120511.010 Connection cable between the central unit REA 101 and the Connection cable between the central unit REA 101 and the extension units REA 103/105/107 16 1 MRS 120534-5 Premanufactured lens sensor for REA 107 16 1MRS120534-10 Premanufactured lens sensor for REA107 RFP 5629 Exhibit F ' P 0 W E L L QUOTATION NO. 209830 � September 18, 2014 Page 14 City of Denton REFERENCE: RFP 5629 1 Set of switchgear accessories to include: 1 Manual charging handle 1 Circuit breaker racking handle 1 Circuit breaker test cabinet with test coupler 1 Interlock override 1 VT rollout assembly racking handle 1 Circuit breaker lift truck 1 PowlVac drawout vacuum circuit breaker rated 15kV, 2000A, 25kA with closed door racking provision 15PV25, with 2"a" & 2"b" contacts, to be used as universal spare RFP 5629 Exhibit F ' P 0 W E L L QUOTATION NO. 209830 0 September 18, 2014 Page 15 City of Denton REFERENCE: RFP 5629 COMMENTS and CLARIFICATIONS Request for Proposal RFP 5629 l. Item 8— We have reviewed the Price Adjustment clause based on the referenced Bureau of Labor Statistics Producer Price Index. Should the initial evaluation of our proposal be interest, we respectfully request the opportunity to propose an alternate price adjustment model for the review and approval of City of Denton. ��'��` .��t�i�� 19dx��iC�it � ��r��a°��N 1'��i��a�� -�I'��.raa��; ;��r�� +�raa��clu��+��u� �"��ta�aoc�iti�� r� Services other than Construction General Provisions 1. Section 18 — Per Powell corporate policy; exception is taken to Liquidated Damages at this time. Standard Purchase Terms and Conditions 1. Section 7— Right of inspection and rejection is accepted contingent upon reasonable written notice. 2. Section 31 — We request that a waiver of consequential damages and an Limit of Liablity be added such as the following; "Notwithstanding anything to the contrary herein, Contractor shall not be liable for consequential, indirect, or incidental damages arising hereunder and, further, under no circumstances shall Contractor's total liability hereunder exceed the price of the goods or services which give rise to the claim." RFP #5629, EXHIBIT 3, TECHNICAL SPECIFICATION For Purchase of Medium Voltage Switchgear Buildin�s 1. Section I— Requires for the supplier to provide "foundation reactions". As a result, our proposal includes the cost of contracting a registered Professional Engineer with the State of Texas to perform detailed structural calculations on the Power Control Rooms. 2. Section 1, Item C— Calls for optional pricing to insulate 15kV bus for 25kV class if practical. Due to the difference in dimensions between our 15kV and 25kV class switchgear and 25kV only being available in One-High configuration, a price adder is not practical and therefore has not been included in Exhibit 1— Pricing Sheet. RFP 5629 Exhibit F ' P 0 W E L L QUOTATION NO. 209830 � September 18, 2014 Page 16 City of Denton REFERENCE: RFP 5629 3. Section II — Calls for the arc resistant rear access doors to include upper and lower ventilation openings. Please note that Powell's Arc Resistant rear access doors do not include ventilation openings as this would compromise the arc resistant integrity. Proper cooling will be accomplished by adequately sizing the HVAC system for each PCR. 4. Section II — Our quoted price for the switchgear includes the spare 2000 amp circuit breaker requested in this section. 5. Section II, Item A- The specifcation indicates that the building width is to be 14 feet wide. Our quoted Power Control Room is 15 feet wide due to our Two-High PowlVac-AR Switchgear being 105" deep (8' 9") and the recommended aisle clearance from 15kV Switchgear to wall per NEC Table 110-34 of 6 feet. 6. Section II, Item C.6 — Calls for onboard racking option for each cubicle or other system available. The Commercial Summary of this proposal offers both options for On-Board Racking as well as a Remote Racking Mechanism (please refer to literature on each attached to this proposal). The "Exhibit 1— Pricing Sheet" only lists one line item under `Remote circuit breaker racking capability'; therefore the price of the Remote Racking Mechanism has been offered in that document. 7. Section IV, T.7 — This section of the Specification calls for the freight to be Pre-Pay & Add The top of "Exhibit 1— Pricing Sheet" indicates pricing is to include all costs for FOB Delivery. Our quoted freight terms offered in our Terms & Delivery Section of this proposal are Pre-Pay & Add consistent with this section of this Section IV, T.7 of the Technical Specification. 8. Section VII, Item C.2 — Calls for the Arc Resistant Rear Access Doors to have ventilation louvers. Please note that louvers are not available on these doors as they would compromise the arc resistant construction integrity. 9. Section VII, Item E.1, E.2, E.3 — Our preliminary HVAC calculations indicate that the heat losses of the internal equipment coupled with the interior dimensions of the Power Control Room will result in a cooling capacity requirement of 3.9 tons. Therefore, we have quoted (2) 5-Ton HVAC Units to comply with the requirement that each unit is full capacity and that the temperature will be maintained even if one AC unit is lost. If other PCR confgurations other than the Typical Building will consist of additional sections of switchgear and the corresponding increase in PCR dimensions, it may be required to increase to (2) 6-Ton Units to comply with the 100% redundancy requirement. 10. Section VIII, Item B.5 — indicates that "...panels that comprise the sides, rear, and top sheets shall not be externally bolted. There shall be no exposed bolts." Please note that Powell's Arc Resistant Switchgear construction requires external bolts. RFP 5629 Exhibit F ' P 0 W E L L QUOTATION NO. 209830 � September 18, 2014 Page 17 City of Denton REFERENCE: RFP 5629 11. Section VIII, Item B.12 — indicates that there shall be no joints in the switchgear ground bus. Please note that as PowlVac-AR Switchgear is designed so that vertical sections can be removed from the line-up, the ground bus has joints at each point where it leaves one vertical section and enters the one adjacent to it. 12. Section VIII, Item B. 15 — In lieu of just a metal switchgear header to close the gap from the top of the switchgear to the building's ceiling, the quoted PowlVac-AR Switchgear considers a top mounted plenum and vent ducts that will contain all toxic arc by-products and direct them to the walls of the PCR via Arc Ducts and to the outside of the PCR through Arc Vents on the wall which are also included in the quoted scope of supply. 13. Section VIII, Item C.4 — Calls for the finish & coating system to consist of "one or more coats of primer and two or more finish coats of hi-gloss urethane". Please note that Powell's paint system consists of a 7 stage metal preparation system and a single application of our polyester powder coat paint process. 14. Section VIII, Item D.1 — Calls for a Lexan shutter system. Please note that the safety shutters used in PowlVac Switchgear are made of aluminum. 15. Section VIII, Item D.1 — Exception is taken to liquid dipped epoxy insulation. Powell's bus insulation system provides flame retardant epoxy insulation. However, in lieu of liquid dipped epoxy it is a fluidized bed epoxy process utilizing an epoxy powder catalyzed by heat. 16. Section VIII, Item D.2 — Calls for the Main Power Bus Thermal Monitoring to communicate over a network via DNP3 protocol. As a result, our scope for the Thermal Monitoring Option includes a ProSoft 5201-MNET-DNPSNET Modbus-to-DNP 3.0 protocol converter to convert the signals from all the monitoring points to the requested DNP3. 17. Section VIII, Item J— Comments from our selected 125VDC System Supplier: 1. We concur that 92 cells is appropriate. We use NiCd Pocket Plate cells. Float is 1.4vDC per cell or 128.8vDC string voltage. Equalize is 1.SvDC per cell or 140vDC string voltage. The brochure indicates 1.SSvDC per cell equalize which is 142.6vDC string. We have tested these batteries extensively and can state that 1.SvDC is a good equalize value. We are trying to stay within the normal limits of a switchgear application which is a maximum of 140vDC to the bus. At and ECV of 1.1vDC per cell our cutoff voltage is 101.2vDC string voltage. 2. The stated load solves to a 95Ah battery (CS for NiCd rating) including the sizing adjustments of design margin and aging factor, however we offer the 118Ah battery per specifications as the minimum size acceptable. 3. We offer HBL batteries with US offices and warehouse located in Rocky Hill, CN. Manufacturing is in Hyperbad, India, however stock is inventoried at the Rocky Hill Location. . . , ., Exhibit F ' P 0 W E L L QUOTATION NO. 209830 � September 18, 2014 Page 18 City of Denton REFERENCE: RFP 5629 4. Rack definition is step only. Multiple tiers would allow for greater space efficiency, but is not used here. No seismic rating or location is evident in the specs and we offer standard rated racks. Seismic rated racks can be provided at additional cost if required. 18. Section X, Item B.2, B.3, and B.4 — Call for the terminal blocks to be Buchanan type. We respectfully request to use GE CR151 terminal blocks which are significantly smaller than Buchanan and thus allow for better utilization of the instrument compartment space. 19. Section X, Item C.1 — The CT table calls for multiple sets of C400 CTs to be installed on the Load and Source Sides of the Main Circuit Breaker, Load and Source Sides of the Tie Circuit Breaker, and Load Side of the Feeder Circuit Breakers. Please note due to space limitations we can only accommodate sets of C200 CTs. C400 class CTs require a thicker CT (ITI model 785) and thus only (1) set can be installed on the breaker disconnect spouts; as will be the case with the Source Side of the Feeder Breakers. C200 class CTs require CTs smaller in thickness (ITI Model 780) which allows (2) sets to be installed on each side of the circuit breaker disconnect spouts. 20. Section IX, Item C.1 — The CT table calls for (3) sets of C200 SR3000:SA CTs to be installed on the Source Side of the Main Circuit Breaker. As per the above, (2) sets of C200 CTs can be installed on the source side circuit breaker disconnect spouts, resulting in the 3rd set of these window-type C200 ITI Model 780 CTs being installed in the rear compartment around the bus. This is a very common practice, however, for this 3`d set only; their installation in the rear bus compartment would not comply with Item C. l.a which states "Current transformers shall be installed so that they can be easily maintained or replaced from the front of the switchgear without exposing the power bus or entering the high voltage cable termination compartments". Again, the exception only applies to the 3`d set of Source Side Main Breaker CTs. The rest of the CTs in the switchgear will be in compliance with C.l.a. 21. Section X, Item C.ld — Calls for CT shorting blocks to be Buchanan type. We respectfully request to use GE/ITI IKU CT shorting blocks. 22. Section X, Item C.2.d — Calls for the Potential Transformer to include insulating shutters. Powell's design does not include insulating shutters for the PT rollouts. Nonetheless, once the PT draw-out assembly is racked out, the fuses can be safely accessed while the rear of the roll-out compartment serves as a barrier between the operator and the main bus connection points. 23. Section X, Item F.S. — Calls for CT and PT Test Switches to be States Type FMS and relay test switches to be MTCS C3-205-K. Subject to owner approval as allowed for the bottom of Section F, we would like to submit for consideration the use of ABB Flexitest FT-1 Test Switches, Style No. 129A5 which are Powell's standard and will allow a more econoinical proposal. RFP 5629 Exhibit F ' P OW E L L QUOTATION NO. 209830 � September 18, 2014 Page 19 City of Denton REFERENCE: RFP 5629 24. Section XI — Spare parts list will be generated after the completion of design engineering. RFP 5629 Exhibit F � ' POWELL City of Denton QUOTATION NO. 209830 September 18, 2014 Page 20 REFERENCE: RFP 5629 COMMERCIAL SUMMARY Power Control Room and PowlVac-AR Arc Resistant Switchgear ........... OPTIONS: Brite Spot Thermal Monitoring: Total monitoring points = 117 (or (39) 3Q� sets). • BSG3.18 kit & Power Supply • Lot of Fiber Cable • Lot of Lugs and Rings • ProSoft 5201-MNET-DNPSNET Mobus to DNP 3.0 Converter Brite Spot Thermal Monitoring On-Board Racking: ......$813,042.00 ........................ �..�..$43,646.00 Bill of Material per Circuit Breaker - 1 SentryTM 6-Slot Chassis; Hi Pwr; Std Com; 1-Arm (SEN6P1C1AlOXOXOX) 1 Proximity sensor, pancake-style w/7m cabling for shutter indication (BI10-Q14-AD4X/7M SENSOR) 2 Proximity sensors; barrel-style for breaker position indication (BI7-M18-AD4X-H1141 SENS QUI) 2 Quick-connect cabling for proximity sensors (WK4.2T-4 EUROFAST CORDSET) 1 Lockout/Tagout Actuator, 2 pos, Locking on-off, blk/gry (194L-HE4E-175I) 1 Lockout/Tagout Contact, 2 pos, on-off, assembly for actuator (194L-E25-1752) 1 Remote Control Port Assy (For Use W/ SentryTM-RC-10) (10037-1) Accessories — 1 Hand-Held Controller; lOM Lanyard (10059-1) 1 Lanyard Extension; 1 OM (10079-1) 1 Serial-to-Ethernet Converter 1 24VDC Power Supply On Board Racking. ..... ...��..,.�. ...� .............. ...............................,.....,.. ....,.�.. .�.......,,.�$50,947.00 Electrically Operated Grounding (offered in Exhibit 1 Pricing Sheet) ......................$3,652.00 RFP 5629 Exhibit F ' P 0 W E L L QUOTATION NO. 209830 � September 18, 2014 Page 21 City of Denton REFERENCE: RFP 5629 Delivery of the first two Buildings required in April 2015: Drawing Submittals: RFP 5629 TERMS & DELIVERY If a Purchase Order or Letter of Intent is received by October 15, 2014; the first Power Control Room will be delivered in mid-Apri12015 and the second Power Control Room will be delivered in late Apri12015 Drawin�s for Approval (OFA): Submitted 9 Weeks after order entry. Drawing approval lead-time is inclusive of Powell's Technical Review Process. Tech Review is designed to allow project management time to ensure that Powell is in receipt of the latest project design information. Tech Review will be completed within (1-3) weeks of order entry. Any questions/clarifications that result from this review process will be submitted for customer approval and/or responses before Powell can complete and issue drawing packages for approval. Release to C'�C��";��u��ww��¢ (RTMI nrawin�s: Submitted (3-4) Weeks after return of approval drawings. RTM drawing issue will incorporate approved-as-noted customer mark-ups to approval drawings issued. RTM issue is intended to document that customer changes have been noted and incorporated into the final design drawings that will be released for fabrication. Record (Shop) Drawing Packa�e: Submitted (4-6) weeks after issue of RTM drawings. Record (Shop) drawing issue includes all drawings previously issued with changes incorporated. Additional drawings released at Record stage will include: detailed wiring diagrams, PCR interconnection schedules (if applicable), and conduit schedules (if applicable). Exhibit F ' P OW E L L QUOTATION NO. 209830 � September 18, 2014 Page 22 City of Denton REFERENCE: RFP 5629 Shipment: As-Built Drawings and Data CD's: 14 to 16 Weeks after return of all approval drawings issued with full release to proceed with manufacturing. Lead-times for drawings and delivery are based on current engineering and shop loading at the time this proposal was submitted. Lead-times may vary based on actual purchase order award date. Please contact your Powell Sales Representative to discuss your on-site need dates or expedited drawing and delivery options to meet your specific project needs. Note: Design/Scope changes during drawing approvals and/or after RTM or Shop dates may result in a schedule and/or cost impact to the project. Certified As-Built Drawings and Data CD's will be submitted (2-4) Weeks after shipment from Powell Factory. General: Powell's standard Terms and Conditions of sale will apply to a purchase contract resulting from this quotation, unless negotiated otherwise prior to order award. Pricing; Taxes and Duties: Terms of Payment: RFP 5629 Drawings submitted will be in Powell's standard formats. Scope changes requested after release of fabrication drawings for construction will be documented on the final as-built drawing package submitted after shipment. Powell factory inspection procedures, for Powell manufactured equipment, will be per Powell's established ISO QA/QC procedures and in accordance with applicable IEEE industry standards. Pricing is firm through Powell's quoted drawing and delivery schedule. None included in base proposal. Net (30) days from invoice date. Exhibit F � ' POWELL City of Denton QUOTATION NO. 209830 September 18, 2014 Page 23 REFERENCE: RFP 5629 Progress Payments: Cancellation Schedule: Freight/Title Transfer: Shipping Preparation: The following progress payments are applicable to this proposal: 10% : After Order Entry at Powell 25% : Completion of Tech Review and submittal of preliminary equipment layout drawing(s) and/or submittal of control room layout drawing(s). 35% : Release to Manufacture (RTM) 30% : Shipment from Powell Factory The following cancellation percentages are applicable to this proposal: 20% : After Order Entry 60% : After Submittal of Approval Drawings 100% : After Return of Approved or Approved as noted drawings FCA (Free Carrier), Powell Factory, Houston, Texas Incoterms 2010, Freight Payment: Prepay and Add, Billed at Cost. Transportation handled by Powell nominated carrier. Freight Prepay and Add, billed at actual cost. Title transfer upon arrival at Customer Jobsite (Gate). Standard domestic preparation is included in quoted price. Warranty: The quoted prices are inclusive of an Extended Warranty of 5 years (60 months) from shipment from Powell factory; which exceeds the industry standard warranty of 12 months from energization or 18 months from date of shipment, whichever occurs first. Spare Parts Quotation; Will be supplied upon completion of customer approved bill of material. Customer Witness Testing: (3) Days at Powell Factory, Monday thru Friday, included in quoted price. Additional days, if requested, will be billed at $2,500 per day. RFP 5629 Exhibit F ' P OW E LL QUOTATION NO. 209830 � September 18, 2014 Page 24 City of Denton REFERENCE: RFP 5629 Drawings and IOM Manuals: Powell issues drawings electronically to a customer specified Web Address or Project FTP site. Powell can support a variety of electronic formats for Powell generated drawings. Electronic drawing formats from sub-suppliers will be provided as available from the supplier. Field Services: Not included in quoted scope of supply. Available per Please Powell Field Service Rate Schedule. Thank you for the opportunity for Powell to serve you. Should you have any questions or additional requirements please contact me. Submitted by: Alex Fleishman Regional Sales Manager Phone: (713) 948-4955 E-mail: Alejandro.fleishman@powellind.com RFP 5629 � P 'i Exhibit F ,.. .. . . Su4� nf ;maey u�� k��rm � ��q�flprr�rrawret �rr sriY�i„ �tles�cMdBxe�ri cr� rr6`r��ra�e�i �t�p 3Kn tC+Ps �qtiar�t;na.Vt�rp�r� �a�6 e�u�c q��c�dl ,�r#c:�.�?;�f. r.�ry�rr�r��y �:aarrd9Cion�.�� uappn �tMe^ a�:r�at�s ��wrrvaR r�°�¢rn�ddtlr�o�s s�et; C�u¢'�Bv kvc�6cvwv. J+�rY oi^�,r i+�u� �ro� roruyr st�C�am�sda', r�B Vm�G'�^rh¢� iur� pauurrd��ac� �miny sip�h �spd�8parbs�r� aaG� �+��r^ul�r�sa s�r rmy^ dd�^Ma:t9�rn q.�n �srcera��*r:tl w��fP��Y�a r�rr�km�eR�Urv�d p�e��cr�r�r�u�nuC aa��uwr,a�"n�&R�airu �rr��Y'�rsrlr nt, �&�dntl1 ea,r��&lliaG�r as�a�wak, #n,�mla� Q��rfu� z�aisB a:�c��a�Si.�eai�5�u�rtcel � tcqnur��rpC�,mt�6�r1 i1ua�6�. ttvc NauA�chns�r Yae solvent. Any additional or different tertns or condltions set forth in any such WARRANTY The Company warrants to the Purehaser that the equipment to be delivered hereunder will be free from defeets in material ar waekmanship and will be of the kind and quality ¢1q�;�i�f�i�t��V raa��r�ffe:s� in �8�¢h. �.aixTarae��., °6'tlrdw �r�uraa�aqpy �rnBd u�p�pw�y a��rly a�a �la�i�sk G m}��p�aeaM1nt� vr4�l�fn �arr� �rnr �'�wm h9ue dan��n �a� sP�[pa�pu�s�rt Ga�r �Ch�� C.u�mpmnux;�2 qzrra�r�a�mw1, �huw�wu�r��, 49sa� IC Ni��'�1Mascw„ 3�� 9:kun �u��w^s�e �G P¢s� d°va�¢66drr �vri�d usdumR tln�+slar�,,z�.� ar��mzf�MS �;4'p;tl� ��y rzr� ��arr�u�s muclh �rr'ercY�,�9.� {1r�c�llu��#9r�� e�;ui�arrt��ve�re��. f�cr��rp�rs��ua�l'an�� ,au�Po� pr�nr�aac�r,;�� t�rw � r��N��6rrcR �>�rdY, 5'w�c� I�a��ti��tl .Qau'�lG c�arX r,�a�o�:�91 aarv� �.�r� �'rw.�uaro �s�.r�.�9� awnor�6��K� �wr� C�e�usrc± raH k6�6rterar (9�j �nusan�SJ�s ir�wr�ro sPut7�aur�°rik� N�y Yhrs� 9:�raarotg�amy„ w�IVi�6Ar^v�E� comes flrst. � If tl��^. Ct'arny��ty �u�c�t'�oV.N.;.� k�yr� equipment or supplies technical directlon of installatlon by contra�.t., dlrr.�'�±a�.�p�nr�t,y �c�'C�a�d shall run from the completion of installation, provlded same is not �trnqti�scyor«rRady nl+�l�ry��i by the Purchaser. The condltions of any tests shall be mutually agreed upon and [he Company shall be notified of, and may be represented at, a!t tests khat may be made. If the equipment delivered hereunder dces nat meet above warranty, and if [he q+i,rr�69xscr� �ar�n�xrp�kRyr ne�&:xYCavs Rfn� d,nwua�xire�+, uPr�„x ��ramnry�aruYy� k�X��Gt Y,h�u��a.�pronav rut�rw�:b; aao�'y �6e�av.t lerrduu��fn� w��iar �^�rmP�arnHaovrr wv^k'aVw r9va ,gsmrGCicatG!as�ns, c9kh�aw �€a¢� iren �ttl�u�9a Na,y f�gn��4rYiaag ain�� e�6�ctdwr� rap'�s�irn��,�ed ��rt� �6 iYYaa� c^,r��goelp�ar��rr1.„ r��r 9sy uia�M.il�g+nw�wlla�iaR� �a4�. ��Nroe �Cri�r�pany's �r4�avl� wro��ccs;arp r��re�SA�u9 r.�� ra��taa r.a�i^rak �raett�.s�� '�"Ys�+ GIgC�fkqM�gy �i M1�ua d;�wri�ps�a�y urrua�t�r tGtY+�. wa�a�raua�Qy Qtirx,�.�¢�g�a a� 6.� N„Rk&rrp, md i�r�u' �r�y dew,�w� arR d�oafis��a�� M�.� r9rrtn a�w,�ay9,�amr��Y ue@��n�PSea tBrs� r�G«��I�uw ds 9��s�u�1 a�u� ¢w�tl.r��cr ��rr nc��dga�rab�r>, sRro�tu4q r�� ir� �typ e��sa� as�x�:c�rtl fldee cost of correc[ing defects in the equipment as hereln provided and upon the expiration of the warranty period all sueh liability shall terminate. The faregaing shall eanstitute the �xeCu�nrYve x�Am� aNy �ad pin� N��sr`ap�aser adi�d klu� � xr•N�i�h+�� 6i�wYrtl�u�y of the Company. "q'Bri� aerrrp�aroBn� vrr��aan4�� &z r,�cq+aztiv�r „r+val iro Nd'�aa rr� all other warrenties, whether 'w�'�u�l�rr,� �ad"�C, 6rnpnkf��i r,�r s0.aNaa�k�ia'y {�x�¢��dat au� &a tGktl�). NO IMPLIED STATUTORY M4�k1'kICrV�t^Pll'V 11r� �M�.f�Ct�AC�i"VYe�'�tlC..P'G'�' �kPi' �'P�i 41T'k�V�a'3 1�,�8�� k'"URPOSE SHALL APPLY. The Company does not warrant any equipment of other manufacture desiQned by Purchaser. PATEN75 "V�Ihc Cnrau�a�rroy :s9irpill Ac9c�:r�d ;�ray ,n�A4 �r�� yauuc�:ccl..Gm�y� tlrwr�G�yFut: aqga9msC �:faa� �S�rGOw�k�w�ww�r� �ar d`asv� ro:z Nn��se�9 st�b a� �Canf�m aProart �rk�,y �[yud��xeretr�, ��o �nr� �u�.ad�� ahua o��aN�,� flamnP�1ue^�! auraaqa.r Y,d7C�� r:�ziita��aak�. ��vrms��dCuiati»s nrw �hato�ruq��,rsur^�ua: �f .arr,y G��s*oua �^rf k��Rw� W�ik��d �at,�i4�s Hf min�dJC9a*cB �rna�rqutV�� P�u ufa��Cfi�u�, ae�i9 �Wva�aa a�cutitlae�rlky, lrrfrn�rrwS�r:9aaia �e�ercq �s.wiskaincc �� 4�:1ei G"w�rru�S,��yPs �pctwa�e) Y�ae� tE��. rJ�fr�sr; r�k �nn��., amtB tdi�� 4.aroiKawn,y sGi;e44 �n�ny �:gl dnrr��;��4 aiaal c+��ts �.wr�riel�e� 4'hw�r�;Ra�u a3paMaiwt. ff�Rro�c �+'auu�rq��.eYe�e ��a �ay�r u�1�G1� �c�;ut��a7�rr9r�, r�ar� �r��yr r�mv# k�@r��ara�, &�� a �aa Nr swlt �a�du� le� �ead4rvxM�.uCrup�,� iw7fn�gra,�Cflnr,iut �F1r9 0.1u� u,drs� a�'� s�1aN �spn�Wq�a�e.�h erv p:n�a'.z [a e+nyi�4ptira8� thti�r i��anap,a�Fry sNro�V9, nN U;� �rw,n� �ex��d,ras�.� ��.iuctl �T Gcrn €�rg��.f�da, rdi.�6Y�vr,�mcar�w d�m� Ltir�a� Il��ar�:Bp�n.xrr h�ne r9�gh�[. R�� aroaG�ruu� iurvdurg snicY e+dyuaG�m�vrit crr �r�nrq�.d �ur ra.�al,rr.,r� �r�rrm�e w9ttl1 atr�a�•Gn1`ui�r}�qar,� �tquaEgarrtim��, aro� ruuat��dfy 44 w�a i� d�na�cr�niu�s ��uas��-tlrytlrqur{�foY�l„ s�r rr�i�tnwvr ��Pd ��alr�aa�uvt �aw�u� ma*iaumti9 k9ie p�dirGN�r�r,mv g�as�ba��M tipn�G �e� a�r�anz�crut�.k.qrm� zuwic9 du�wxC�b�4l�t1��9 �:r�s�&� GVar�rr�w��'. "6Nm� fc�r�y�rtr&�r� ��1aY�*�s �4guy ��ih,4rr�^ 44,XYxp9�ty �pF tl9ve� �x�ef5�a�ov,y �eurc p�a�f�a^i��C 'fln�Pu�A¢��y��c�ncnG. kvy a��9�Y e:ay�.�r'��a�n�r74�. a�� aarrn;y qa�Y� thereof. The preceding paragraph shall nok apply to any equipmenk, or any part thereaf, manufae[ured to Purehaser's design. As to any sueh product, part, or use in such combination, the campany assumes na liabilSty whatsoever for patent infringement and Purchaser will hold the Company harmless agafnst any infringemenk claims arising there from. DELIVERY Shlpping dates are approximate and are based upon prompt receipt of all necessary infartnatlon fram Purchaser. Unless athenvise speeified by the Campany, delivery will be made and title will pass F.6.6. paint af shipment ta Purchaser. Risks of loss or damage pass to Purchaser an delivery. The Campany shall not be liable for delays in delivery ar in perfarmance or fallure ta manufacture or deliver, due to (1) causes beyond Its reasanable cantral, ar (2) acts af God, acts af the Purchaser, acts of clvil or military autharity, prlori4ies, fIPES� strikes ar ather fabar disturbances, floads, epldemies, war, riot, delays in transpartation or ear sharta�es, or (3) inability on account af causes beyand its reasanable contral to abtain necessary labor, materials, components, ar manufacturing facillties. In the event af any such delay, the date af delivery or of perfarmance shafl be extended far a perlad equal to the time last by reason at the delay. PAYMENT5 �°ru r�q.a �atro�+psueaaMtr �Fr�itl. l�rawarmrv�: v�¢.u�� m� 56i�u�rtuNYts �r�� rroe�rk�r. ufl ffitlrG�rra�enCS are delayed by �I�� P^urri�rs��r� qi�eyerrc.Gre�b� sha�91 k�urc�aviw� r�lie±r.�d �kir a#mte+wprmi� �.h� �cwrer�rany is prepared to m�ke sdi�q�r�r�dn74.. Gf �4w�; v�maP9w T� ks� p��cndrara�Y�.�R G�sanr:uinh�l+�fl' �% e,tl�@ay�c9 8�+� the Purchaser, pa}�Ftvmaut�. sMindl Pau Pwr�atl� Va�,sa�rV +ai� #Nae: dru�r�hia �ry ��ro•Gcc �aru1 tATU§� �n�ra�vat��ez� of compfeeion. EqauMp�nrr�m4 C��9 dr�r t,��. G"trp�a:foa�^�i.r aG��V.V. Nae x8 l�ree� a�6mRs �rwr�1 �*xp�oas�x s�R kli� �titrchaser. OP Ck�e I'Yn,e�o�-'f,s9 c��e��tid.hrim� pf 11�� 4'�elr�Vuus�e a�� ryy 4Gmr�t� sdtro�� n¢�k� orr t9rv �udgment of the Company, ]ustify continuance of the work to be performed by the Company hereunder on the terms of payment agreed upan, the Company may require full or partial payment 9n advanee or shall be entltled ta eaneel any arder then outstanding and shall reeeive relmbursement for its reasanable and praper cancellation eharges. In the event af bankruptcy or insolvency of ¢la� F�dirr�dr�s��,�r' rmr 6�v 4ha„ �^�'t=u�„ tdaa� w�[�c:^��r��^�IV�r{g ir� k'na��ui�,NY6. against the Purchaser, volunC�a°i9y rtam �Cprw�R¢au�9�pmSV'��, danm�9cr �3i.a kr�ri'�r�prrk�:�y a�r �ui�r �r7sr��va�rc� laws, the Company shall be r-aae4tlu;�d �rs �rra�Ya:e�al mn� vr,d�cr tBr�e�au uaAa�stm�n�u��Y�dp��p� ad,� mvry G'.t�r��u� during [he period allowed 9'u�r ti�Vl�d��g c@�ticra�� a+,�.�8aasa t13�� ^��,n¢�M^� ar�e8 aBr�rM! ra�c�a�4�uz reimbursement for its reasoor�hala� ��d7�11 y�art��ae�r� r.mducel�r�Graaw r,:.4d�rpyr+��. ��kti� ��Mia�� a.rtl fh+� Powell Electrical Systems, Inc. Powell Electrical Manufacturing PO Box 12818 • Houston, TX • 77217 RFP 5629 communicatlon fram the Purehaser are hereby objeeted to by Pawell Electrical Manufacturing Company (the '°Company°') and shall nat be effeetive ar binding unfess expressly assented to in writing by an authorized representative af the Campany. No contract shall be formed except upon the terms and eonditians eontained herein and any additional or different tertns to which the Company has expressly consented. Company under this paragraph are cumulative and in addition to all rlghts available to the Company at law or in equity. SALES AND SIMILAR TAXES 1'9re Cr�mp�a�r�y"s;�ricc�� 4m �rec�a 4raa;iKa��m� x;MCGrc, r��, �ncN,e e�t° s�donl8��r rm�t�,. �c�arose�d�i�MlY� 6ro ror�d�Gti�n �,r� �las�� g�rnra^ a�a�GiCiw�1 Cr�a�e„G�7, t�ur nru�rrtiu�� aaG �un�Y Na��nt cir° FM�ati�ru �aBrvs, use, �wrl,�s, �rm° �q It��r sPrr�Bqnc t�x` attiarya49a:�slalut &�ra Mhoe :�rCa u�' �a�w• rrF 0.k�a� e�wV¢afysnaer,ivt kra;u'a�uuFa%r shall 1�� y��l�d �,� �Pi�r� ��,��c1uwsffr-, �r iru VNa;u Cd��a�rnf t�h� 6"k+rcN,e�esc�r ��8�a�8 p�ap�rvr"rmlc^ t�Pa�� .'.iaur�iqa�y with rw �ka��-�xwu�fi�h��HTpr� r.��^rvV4'i'c��a�4�+;�+eec�uc{�trl�lrr a�a�;r 1,Yiie* tau�%�pru�g y!uYlyrarlt�aa:�. DISCLOSURE OF INFORMATION ki°�y arrFrre�maiB�rs, �u�gy�a:rGions or ideas transmitted by Purchaser to the Company in wo�pw�t�,d':tls�� `MrWt�� p�t'frui�wcnce�rse� hereunder are not to be regarded as secret or submitted in co�u4idencc exce�,at; rs rrtaay P,te,a otherwise provided in a writing signed by a duly authorized representative of the Company. CANCELLATION The Purchaser may cancel his order only upon written notlte and upon payment to the Company of reasonable and proper cancellation charqes, which may take into account, without llmitation (costs of materials incurred through the date of cancellation, charges for labor for work done through the date of cencellation, and the Company's margin on such materials and febor). LIMITATION OF LIABILITY Unless otherwise agreed iro wv8tiai� Iry+� ��. dawVy n��pCr�a��a�c�cp mr�q�rresentaNve of the Company, products sold herew��tl�cc �r'n� Mron'� SmW.t^a�ul�d� Pcnr` t�,� Nr5 a:c�a§'ra��ra9on with any nuclear facility or adivity. If so used, �9te ��uiaap�a;a.rr� Cllx�ulari'it��5' arry VN�Lwa2RL"� R'a'as° �wny nudear damage, injury or contamination, and �a��clr�+�n++w° shxtlE irarc6avv��npi�y 19�r� d'mua'p'u�aairey egainst any such liability, whether as a resutq �Y hr�acXS �s�" 4�roc cciawt,��ck, Y�ea��.ruty, tort (Including Aroc��f9ge�risr) ao r�q�7�e�r�vq�^. In n�+ �cgrR, wrWi�thr�r� ar,�c� � r��+dtal�. cvt I�ae��i�.@r. ��! m�nr1ta�ae[t. rr+:+rrc��tty+, CcrrV {Irra;A[s�tldrWq uu�r�yt��.�;�.,u^A� ut` uvG�Mini�r�;.m,� .�R��i�6 ttr� �,rn��rny r.�� ef�� wury�pVP�u�� k��e� lCtu&�9rw �Pa;ru� �rtiy �q�w�s:Y�l, �:u�n:��yucntl:rN, 9�rua.9�iarrp:�at �o ,�n�1 da��aa��;p.,u� 9o7z:k�ad�Gmy �a¢rB naaa q�lzradt�w� t+�x 4cvs� a�aN' p�r�caw(4u nu° �w�c�6a�: � Ras�� e�� u�� +�f fd4� Carrael�cg:�� ur �d�y aasswrrvr�G�.�ci' �c�unM�m�rat, rdzueprnb�,� au ,ui��ya�.l�1:µ:� �e}�tiY�ra�c��0., c�3�;� ub' ea�gr4#,�k, a.�sl crP ��a��:�Cnh0.r�� ro��r�du�.cze tacl�I.�L�I�:y�„ �sccwfm+�� urp r�=prRUeunKp��r�k �amr�u�a', r�ev,�r!�•t°f�ea��r �u.wi�x, r�o` ce�i+vw,.� a�P F�¢�rti°Yrm��"R cri,Yae�i��d�� i�ar• �a�ar.Pp a��rri��u:rN. F4ra� �w+Y�dn`k�imru�l ��r at9t�fd;v�nk Cera•rr�s�� r.pecillr��&�y r�ul�YP�rp9, t� ��' ��1s9u'�a��7+�{� T��uv� �a��i4��cfi �r��k�d��r� +�k° r8u9�a p��wrt�ra�akt epm�wgt 9��.R u,4a:parlr�r� ae��C�u��aAaV �r4ta,a�y,st'tl��ums w�4k�hs7u� t.��r� m�,r�n��6�,g� �at S�n�.q��@�+rr ?.J�9%qlsPd�,� �� h�e� F�^;ndas �Eu�i;iv�ss �a�V��l S:ti°asrruv��r�;e� I;.cu;d� I�ISa� 4:v�r��au��uy ±�@q�sz Tcv A��s��ririaridy� &°aurc��qa��p iawr c�en�d��u u�r rir�r�ro�wr��.� sn�Y9�+r�«v9 Er'yr W` B"tu��I��srr �r�Por�GwvuJ'� ��n�dro�4y� a�r �e�ncu�aaV#y Pay' rr^�rr�nn kaf t9�� r�e�Gl�a:rr�a a�r° fiint�kNt:tl�r�ntl wa'�rt�C�u4 ac:t �r�t ztl�� 'asn�rpr�pry 9vr �eam�nt�R�,tl�r�a rev3�H�w Vk,� �,g��firarunanc�: +uf� M�9�I� �.u�ata•�p�R. �:�xr��qxt mx� ��W�v6r.xcap Iru k�kr�r.� �s�rvcR�fr,�ar ¢;iat,�f�ti��d'"k^A�"�;��4�"��"", Bu�r ro�� !��n*nR, rr��r�h9r�rr «t� a r�*��raR�, t�P �irr�cP� u�' �up��R�c4 �If�r.t4�r�R�� k�t�4 y�a�u�+d=.l�asi �a$ l:Nrs:� �art�c+a�"�ur�� 5c�ia�w:rurm�:y, w�rr°a°�ewd.y�� f:+�c�. (�iir�cV�ur�Rip�. nea�,tl�fi,��uuca auia� �r7¢�cieYfi+ar�roR v+me�a«i�e;t'uaV, �c�:r:) �re TanM�iw�?k��, xlr��r�4k t^�@��^ �e��rmqaarR/"s 4f;uCakE6ty Cr�� B�uccha�er dar� �wp�y l�iws ua6 dbux�rat�c ��fis�{r��,� arnud otl, ��' c�w�uM�wr�� fp"�u�Hro�, ldroa��c�w�m�t.e��c�k, a�P Tc�umi Mlur� x,:timr�Wr�srr�y�"s� �wrr4�rrrc�napuro��: ��r C�r��el�, +ar fm�tAa tkaer pa��r�Rs��rox �ra° �9a�r�rbcss fwrrrislwed Pa�re��u�rlro„ �x�:�roM�p��d fiYwe �rl�� rG h9ur�� w��a��cWfac �saa�ckuek a�s rreavir��r w��r6��u g�va�. r1a�r 7rr t8�� „��¢6rxM. kxa;.��ad: �s� 9� �.i4.Vc„ �a�yt s�ic9v 6itcpsl�4�y �1u�lq �,eYm�iutl�R� up�roraa�e k�u� r�xM��Voa�Ghr�rp ert �.kw+�� warranty pw��qnrl �s�ar^aidi�st �G�� L�h� aerq,tlaai� "'W,h&�f�hNt"Y"� If the N.�inp�n�t�ppp Yqrrnk,q��P 6"uPrlat,�a w�itl6w �.�ka6�c� ��T b�he�r �rssh��T��arece which concems any productr ,��ykVr�� i�. �euiv�er r�i z�i+�+ �y��trrwv oa r�"qi+'f�a�vmi�� dm w1r1�1� any such produet may be install�v� r�rre�9 +!wp�i�„du I� an�aE rtr�u�4p�m��k p�p�am�,ae��uP, t� w�Bt6s �ry�wi��r�iam�ata the fumishing of such advice or assistance wlll not subject the Compeny to any llability, whether in contrect, warranty, tort (fnduding negllgence) or othenvise. GENERAL The Q:qrrt�Ca�uuory r�g�p^�.s�A'dt^A� hxa�tl �rVyr y�ur�rs.@rs' ti'�'�u be delivered hereunder will be produced in compliaGGr+c mr9i;N� B,Me vae�afdr�rw�p�u�put�x �uf d�he� �"afc labor Standards Act of 1938, as amended. Any n,s"sga�ura�rat uf C1�d1x a:e��ttu°mc�t �c' ��u'pr p•Cghts hereunder, by the Purchaser without wrltten consent of the Company shall be void. The provislons of this contrect are for the benefit of the parties thereto and not for any other person. No understanding, promise or representatlon, and no walver, alteratlon or modification of any of the provlsions hereof, shall be binding upon the Company unless assented to in wrtaing Croy e�rr aMi�aS�h+a�x+rnN rep�r�s+�na�tRV� s��d' �ki� C�rn�u�ariy. T4a�e^ irru�a�41slld'.y, ii� wRa�al� �r pxurrM, �a�P' au�y �a7` BAu�c f'rruy��tv�,� ��r��g��ptlros will not affec[ the c��rr�wlr�rdcr ul *yurBt� qa�rrgrnqrq�w r�zp° arMy �ttl��+u��«et.«yr�r�r1a ��r��.,w�o��p h�a�in�. '�!'tt� v�0.d¢4Niy, gs�rf�?�rot�unc��ro �rrrr� tp9,q. �wlLcrs rr�G�¢.4rty� 44r WMvv� i1aY,�er�a�e2,ation and effect of ¢9�x9s� ��r�a��pn�carr� �nef aM'uy atlrae�r��ui^lap�a.uro@s hmr�4r xYu�l&� �ren �sav�ci�+��1� H�,� 6'�ve� law of the State of uw T�x�as� �rryCXyeaau4. n�9vir�w� ��`A��k Ca� �IxCiG¢�cr a�d� N�wr �yM�Ou�GCBAsIIM� dlueR�r��.. ARBI7RATION Any disputes or differences ��aanst�pvtGo?� p',@ti�,� p�rp�au4'am�ni�ruce, breach or interpretation of any of the provisions of this quatr� ,da�w1.N C��e� ��auKa�e�.cf aanty� by binding arbitration to be conducted in accordance with f iy cdu�vui�a�rd:�^tV n�kbiCa'.�t#:%t�m niles and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof will be governed by the statutes of the State of Texas and the proceeding will be held in Houston, Harrls County, Texas. �. � • Tel: 713.444.6900 • Fax: 713.947.4453 Visit us at www.powellind.com ozoas row��a anautier�PS, er�. • au n�nr.r r��ea, Email us at infoC�AOwellind.eom