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HomeMy WebLinkAboutAddenda - PURCHASE ORDER - 9101267ADDENDUM 1 Clarifications to Powell Electrical Quotation NO. 86490-207 dated January 4, 2010. ITEM 1 Powell shall provide wing type knobs in all three positions on all doors the same as the Portner PCR provided in 2009. 2 Powell shall provide access plates on both sides of building splits on floors so there is access to the bolt heads and nuts for installation and tightening of bolts. 3 Batteries shall be provided per spec with the associated C&D battery rack model number 803-7.3P Building fascia shall be painted the darker bronze color as specified. Two external GPS antenna pipe assemblies and mounting hardware shall be provided. One set shall be shipped loose for installation at Portner substation and one shall be installed on the new Timberline switchgear. Specification will be provided to Powell by Fort Collins. 35KV heatshrink shall be provided under all CTs as required on the Portner PCR to allow the HI -Pot test to be performed successfully. 7 All paper tags shall be removed from bus boots prior to shipping 8 All grounding shall be per detailed drawing sent to Powell preciously on the Portner PCR. 9 It shall be Powell's responsibility to review all Customer Inspection Discrepancy Records provided during the inspection of the Portner PCR to incorporate all the items noted into the new Timberline PCR. I i 10 The HVAC units shall be the upgraded Bard units. Q POWELL QUOTATION NO. 86490-207 January 4, 2010 Page 9 City of Fort Collins REFERENCE: Timberline Substation IOM Manuals: Powell, as a standard, supplies three (3) service manuals using CD (compact disc) media for each order. The service manual will include product user manuals, spare parts list, "as shipped" elementary and dimension drawings, as well as any applicable documentation associated with third -party equipment / components. These manuals will be in Powell's standard format. If requested, customized service manuals are available at additional cost. Thank you for allowing Powell the opportunity to serve you. Should you have any questions or additional requirements please contact me. Submitted by: Craig Jeter Regional Sales Manager 713-948-4576 cjeter a,powl.com Cc: Lewis Associates .V POWELL Standard Conditions of Sale Sale of any of the equipment or services described or referred to In this quotation at the quoted prices is expressly conditioned upon the terms and conditions set forth below. Any order for or any statement of intent to purchase any such equipment or services, or any direction to proceed with engineering, procurement, manufacture or shipment shall constitute assent to said terms and conditions and a representation that the Purchaser Is solvent. Any additional or different terms or conditions set font in any such communication from the Purchaser are hereby objected to by Powell Electrical Manufacturing Company (Ore'Company*) and shall not be effective or binding unless expressly assented to in writing by an authorized representative of the Company. No contract shall be formed except upon the terms and conditions contained herein and any additional or different terns to which the Company has expressly consented. WARRANTY The Company warrants to the Purchaser that the equipment to be delivered hereunder will be free from defects in material or workmanship and will be of the kind and quality designated or specified in the contract. This warranty shall apply only to defects appearing within one year from the dale of shipme it by the Company; provided, however, that if Purchaser, in the course of its regular and usual business, transfers title to or leases such products (including equipment incorporating such products) to a third party, such period small run until one year from such transfer or lease or eighteen (18) months from shipment by the Company. whichever comes first. If the Company installs the equipment or supplies technical direction of ins allation by contract. the warranty period shall run from the completion of installation, provided same is not unreasonably delayed by the Purchaser. The conditions of any less shall be mutually agreed upon and the Company small be notified of, and may be represented at, all tests that may be made. If the equipment delivered hereunder does not meet above warranty, and if the Purchaser promptly notifies the Company, the Company shell thereupon correct any defect, including non-conformance with the specificalions either (at its option) by repairing any defective or damaged parts of the equipment, or by making available at the Company splant necessary repaired or replacement parts The liability of the Company undo this warranty (except as to Mille), or for any loss or damage to the equipment whether the claim is based an contract or negligence, shall not in any case exceed the cos of correcting defects in the equipment as herein provided and upon the expiration of the warranty period all such liability small terminate. The foregoing shall constitute the exclusive remedy of the Purchaser and the exclusive liability of the Company. The foregoing warranty is exclusive and in lieu of all other warranties whether written, oral, implied or statutory (except as to title). NO IMPLIED SfATUTCRY WARRANTY OF MERCHMRABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. The Company does not warrant any equipment of other manufacture designed by Purchaser. PATENTS The Company shall defend any suit or proceeding brought against the Purchaser so far as based on a claim that any equipment, or any part thereof, furnished under [his contract constitutes an infringement of any patent of the United gates if notified promptly in writing and given authority, information and assistance (at the Company s expense) for the defense of same, and the Company shall pay all damages and costs awarded therein against the Purchaser. In case said equipment. or any part thereof, is In such suit hold to constitute infringement and the use of said equipment or parts Is enjoined, the Company shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or part; or replace same with non -infringing equipment; or modify it so it becomes non infringing; or remove said equipment and refund the purchase price and the transportation and installation costs thereof. The foregoing slates [he entire liability of the Company for patent infringemenl by said equipment or any part thereof. The preceding paragraph shall not apply to any equipment, or any par[ thereof, manufactured to Purchaser's design. AS to any such product, part, or use in such combination, the Company assumes no liability whatsoever for patent infringement and Purchaser will hold the Company harmless against any infringement claims arising there from. DELIVERY Shipping dates are approximate and are based upon prompt receipt of all necessary Information from Padhamr. Unless otherwise specified by the Company, delivery will be made and title will pass F.O.B. point of shipment to Purchaser. Rscs of loss or damage pass to Purchaser on delivery. The Company shell not be liable for delays in delivery or in performance or failure to manufacture or deliver, due to (1) causes beyond its reasonable control, a (2) acts of God, acts of the Purchaser, acts of civil or military authority, priorities fires strikes or other labor disturbances floods epidemies war, riot, delays in tranmswrtation or car shortages or (3) inability on account of causes beyond its reasonable control to obtain necessary labor, materials components or manufacturing facilities In the event of any such delay, the date of delivery or of performance shall be extended for a period equal to the time lost by reason of the delay. PAYMENTS Pro rats payments shell become due as shipments are made. If shipments are delayed by the Purchaser. payments shall become due on the date when the Company is prepared to make shipment. If the work to be performed hereunder is delayed by the Purchaser. payments shall be made based m the purchase price and the percentage of completion. Equipment held for the Purchaser shall be at the risk and expense of the Purchaser. If the financial condition of the Purchaser at any time does not, in the judgment of the Company, justify continuance of the work to be performed by the Company hereunder on the terms of payment agreed upon, the Company may require full or partial payment in advance or shall be entitled to cancel any order then outstanding and shall receive reimbursement for its reasonable and proper cancellation charges In the event of bankruptcy or insolvency of the Purchaser or in the event any proceeding is brought against the Purchaser, voluntarily or involuntarily, under the bankruptcy or any insolvency during the period allowed for filing claims against the estate and shall receive reimbursement for its reasonable and proper cancellation charges The rights of the Company under this paragraph are cumulative and in addition to all rights available to the Company at law or in equity. SALES AND SIMILAR TAXES The Company s prices do not include sales, use, excise or similar taxes Consequently, in addition to the price specified herein, the amount of any present or future sides, use, excise, or other similar tax applicable to the sale or use of the equipment hereunder shall be paid by the Purchaser, or in lieu thereof the Rac haser shall provide the Company with a tax -exemption certificate acceptable to the taxing authorities. DISCLOSURE OF INFORMATION Any information, suggestions or Ideas transmitted by Purchaser to the Company in connection with performance hereunder are not to be regarded as secret or submitted in confidence except as may be otherwise provided in a writing sighed by a duly authorized representative of the Company. CANCELLATION The Purchaser may cancel his order only upon written notice and upon payment to the Company of reasonable and proper cancellation charges which may take Into account, without limitation (cols of materials incurred through the dale of cancellation, charges for labor for work done through the dale of cancellation, and the Company s margin on such materials and labor). LIMITATION OF LIABILITY Unless otherwise agreed in writing by a duly authorized representative of the Company, products sold hereunder are not intended for use in connection with any nuclear facility or activity. If so used, the Company i isclalms any liability for any nuclear damage. Injury or contamination, and Purchaser Small indemnify the Company against any such liability, whether as a result of breath of the contract, warranty, tot (including negligence) or otherwise. In no event, whether as a result of breach of contract, warranty, tort (including negligence) or otherwise, shall the Company or its "pliers be liable for any special. consequential, incidental or panel damages Including but not limited to, loss of profit or revenues loss of use of the products or any associated equipment, damage to associated equipment, cos of capital, cos of substitute products facllilies services or replacement power, down -lime costs or claims of Purchaser's customers for such damage& Any additional or different terms specifically relating to or addressing the subject matter of this paragraph shall be deemed material alterations within the meaning of Section 2.207(b)(2) or the Texas Business and Commerce Code. The Company agrees to Indemnify Purchaser for costs or damages suffered by Purchaser arising solely or principally by reason of the negligence or intentional wrongful ad of the Company In connection with its performance of this contract. Except as provided in the section entitled' PATBYM. in no event, whether as a result of breach of contract (including the provision of the preceding sentence), warranty, tort (including negligence and intentional wrongful ecl) or otherwise, shall the Company's liability to Purchaser for any loss or damage arising out of, or resulting from, this contract, or from the Company's performance or breach, or from the products or services furnished hereunder, exceed the price of the specific product or service which gives rise to the claim. Except as to title, any mcdh liability shall terminate upon the expiration of the warranty period specified in the section -WARRANTY. U the Company furnishes Purchaser with advice or other assistance which concerns any products supplied hereunder or any system or equipment in which any such product may be installed and which is not required pursuant to this agreement, the furnishing of such advice or assistance will not subject the Company to any liability, whether in contract, warranty, tort (including negligence) or otherwise. GENERAL The Company represents that any goods to be delivered hereunder will be produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended. Any assignment of this contract or any rights hereunder, by the Purchaser without written consent of the Company shall be void. The provisions of this contract are for the benefit of the parties thereto and not for any other person. No understanding, promise or representation, and no waiver, afteration or modification of any of the provisions hereof, shall be binding upon the Company unless assented to in writing by an authorized representative of the Company. The invalidity, in whole or part, of any of the foregoing paragraphs will riot affect the remainder of such paragraph or any other paragraph contained herein. The validity, performance and all matters relating to the interpretation and effect of this agreement and any amendments hereto shall be governed by the law of the Sate of Texas, without giving egad to choice of law principles thereof. ARBITRATION Any disputes or differences concerning the performance. breach Or interpretation of any of the provisions of this quote shag be resolved only by binding arbitration to be conducted in accordance with its commercial arbitration rules 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, Hams County, Texas. Powell Electrical Systems, Inc. ° Tel: 713.944.69g0 • Fax: 713.947.4453 Powell Electrical Manufacturing Powered by Safety Visit us at www.powellind.com PO Box 12818 • Houston, TX • 77217 Email us at infoCeDpowellind.com 02005 PowoO Industries. Imo. • AD rights reserved. QPOWELL QUOTATION NO. 86490-207 January 4, 2010 REFERENCE: Fort Collins Utilities — Timberline Substation City of Fort Collins Fort Collins Utilities 700 Wood St. Fort Collins, CO 80521 Attn: Bob Hover Phone: (970) 221-6725 Email: bhover@ci.fort-collins.co.us We are pleased to offer the following proposal, which is our understanding of your requirements, subject to acceptance within 30 days from the above date. Please advise us if there are any misunderstandings. This quotation is also subject to change upon notice. Timberline Substation The PCR portion of this quote is for reference only as the design and construction will be per the previous Portner Substation Specifications and Drawings Powell SO # 103484 One (1) Powell PCR®, Power Control Room suitable for installation in an unclassified area with approximate exterior dimensions of: 14'1" Wide with 3" wall thickness 1037' Long with 3" wall thickness 10' 0" High less base and roof cap (interior height) Estimated shipping dimensions 14' 10" Wide including 4.5" overhang on each side 104' 0" Long including 2.5" overhang on each end 12' 0" High including base and roof cap ** The HVACs will be changed to Bard Units in lieu of Marvair ** Access Plates to be supplied on both sides of the shipping splits to access the bolt and nut Powell Electrical Systems. Inc. Tel: 713.944.6900 -Fax: 713.947.4453 Powell Electrical Manufacturing Powered by Safety Visit us at - Fax: 713.94 .4453 PO Box 12818 •Houston. TX • 77217 • Email us at inLo@powelfind.co 07W5 Pa.aO IrMyebMy, lnc M rib roeerved. Q POWELL QUOTATION NO. 86490-207 January 4, 2010 Page 2 City of Fort Collins REFERENCE: Timberline Substation The Switcheear portion of this quote is for reference only as the design and construction will be per the previous Portner Substation Specifications and Drawings Powell SO # 103484 13.8kV Metal Clad Switchgear Tag Number Switchgear #1 & #2 One (1) line-up of PowlVace metal clad switchgear with vacuum circuit breakers designed in accordance with ANSI standards C37.04, C37.06, C37.20.2, 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: 50 kA rms Close and Latch Capacity: 135 kA Peak Close Voltage: 125 VDC Trip Voltage: 125 VDC Frequency: 60 Hz (26) Vertical sections of metal clad switchgear each with the following common features: • Indoor enclosure, i l gauge steel • Laminated plastic mimic bus • Basic two high construction including a standard rear access door • 3000A main bus, silver plated copper, 3 phase, 3 wire • . Flame retardant and track resistant Bonded Epoxy bus insulation system • Molded insulation cover boots at bus joints with removable non-metallic hardware • Cycloaliphatic epoxy main bus pass through insulators in a glass polyester mounting • Silicone bronze bus hardware on main bus only • Phase polarity 1 2 3 or A B C, front to back, top to bottom, left to right ** New Breaker Units Numbers be provided for the Timberline Substation Q POWELL QUOTATION NO. 86490-207 January 4, 2010 Page 3 City of Fort Collins REFERENCE: Timberline Substation Termination Cabinet Tag Number TBC-A One (1) line-up of Powell manufactured Inter -Posing Relay Panel equipment to include: (1) Interposing Relay Panel 1 Enclosure, Hoffman, NEMA 12, cat # A-606012 I Sub Pan; Hoffman, l Lot of sheet metal for skirt 1 Terminal Block I Lot of Wire l Lot of sheet metal for skirt 9 3" x 3" Wire way, foot Termination Cabinet Tag Number TBC-B One (1) line-up of Powell manufactured Inter -Posing Relay Panel equipment to include: (1) Interposing Relay Panel I Enclosure, Hoffman, NEMA 12, cat # A-606012 1 Sub Pan, Hoffman, l Lot of sheet metal for skirt 1 Terminal Block 1 Lot of Wire 1 Lot of sheet metal for skirt 9 3" x 3" Wire way, foot ** Termination Cabinets to be built to the Portner specifications and drawings Powell SO # 103484 Q POWELL QUOTATION NO. 86490-207 January 4, 2010 Page 4 City of Fort Collins REFERENCE: Timberline Substation RTU Cabinet Tay, Number RTU One (1) line-up of Powell manufactured Inter -Posing Relay Panel equipment to include: (1) Interposing Relay Panel Enclosure, Hoffinan ( furnished by owner) refurbishment Ethernet Switch, provided by owner Fiber patch panel, provided by the owner ** RTU Cabinet to be built to the Portner specifications and drawings Powell SO # 103484 Q POWELL QUOTATION NO. 86490-207 January 4, 2010 Page 5 City of Fort Collins REFERENCE: Timberline Substation COMMERCIAL SUMMARY Timberline Substation: (1) 15 kV Power Control Room (1) Lineup of 15 kV PowlVac Switchgear (1) RTU Cabinet (2) Cable Termination Cabinets TotalEquipment Price............................................................................................. $2,058,471.00 FreightPrice.................................................................................................................. $65,000.00 TotalPrice................................................................................................................. $2,123,471.00 POWELLQUOTATION NO.86490-207 January 4, 2010 Page 6 City of Fort Collins REFERENCE: Timberline Substation Comments and Clarifications Due to a lack of vendors and material issues we recommend using cycloaliphatic epoxy bus stand off supports in lieu of porcelain. A price adder would be required for porcelain and it could affect delivery depending on availability if still required. POWELL QUOTATION NO.86490-207 ® January 4, 2010 Page 7 City of Fort Collins REFERENCE: Timberline Substation TERMS & DELIVERY Drawings for Approval: 6 to 8 weeks after receipt of purchase order and customer's updated engineered drawings and specifications. As a standard, Powell submits three (3) bond paper prints of the dimension and electrical drawings for customer approval. These drawings are suitable for photocopying. Upon receipt of the approved drawings, Powell incorporates all customers' comments and approved additions into the drawings and transmits "Record Drawings". These drawings are not intended for use as re -approval of drawings and/or equipment scope. If changes are submitted, the order will then be subject to revision charges and possible delays in shipment. Quoted lead-times are based on current engineering loading at the time this proposal was submitted and are subject to change. Shipment Schedule: 20 to 22 weeks after receipt of approved drawings and a release to manufacture. Quoted lead-times are based on current factory loading at the time this proposal was submitted and are subject to change. Prices: Firm for quoted shipment. Taxes and Duties: None included in base proposal. Terms of Payment: Net 30 days from date of invoice. 20% - Submittal of Approval Drawings 30% - Release to Manufacturing 40% - Shipment 10% - Delivery �o POWEII QUOTATION NO. 86490-207 January 4, 2010 Page 8 City of Fort Collins REFERENCE: Timberline Substation Freight: Prepaid and allowed. If estimated or firm freight cost is included, the quoted freight price is based on the most accurate information at this time. Any variance in weights, dimensions, job site location or method of transportation listed in this quote 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 customer is responsible for assuring that there are adequate clearances (width and height) and road compaction "in -plant" or "on -site". Any customer changes 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 customer. Free time of four hours per load is allowed for unloading at the destination." Title: FOB Jobsite Shipping Preparation: Standard and domestic preparation only is included in base price. Warranty: Powell standard warranty, 12 months from energization or 18 months from date of shipment, whichever occurs first. Spare Parts Quotation: Will be supplied upon completion of production engineering. Customer Witness Testing: (12) Free Days, Additional Days are Available for an ADDER of $1,250 per day.