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CITY OF HOUSTON INVITATION TO BID

Issued: September 27, 2019

BID OPENING

Sealed bids (labelled with the company name, address and bid number), in duplicate will be received by the City Secretary of the City of Houston, in the City Hall Annex, Public Level, 900 Bagby Street, Houston, Texas 77002, until 10:30 a.m., Thursday, October 24, 2019. Once the award is made, a bid tabulation for this procurement may be posted and made publicly available on the Strategic Procurement Division’s website. All bids will be opened and publicly read in the City Council Chamber, City Hall Annex, Public Level, 900 Bagby Street at 11:00 AM on that date for the purchase of:

ON-CALL PREVENTIVE MAINTENANCE AND REPAIR SERVICES FOR 138 KV SUBSTATIONS

AND OTHER HIGH/MEDIUM VOLTAGE ELECTRICAL EQUIPMENT FOR HOUSTON PUBLIC WORKS

BID INVITATION NO.: S74-L29186 NIGP CODE: 910-82 MWBE GOAL 11%

BUYER

Questions regarding this solicitation document should be addressed to Buyer at 832.393.0209 or e-mail to Elnora.Smith@houstontx.gov. ELECTRONIC BIDDING

In order to submit a bid for the items associated with this procurement, vendor must fill in the pricing information on the “PLACE BID” page. PRE-BID CONFERENCE

A Pre-Bid Conference will be held for all Prospective Bidders at 900 Bagby, 2nd Floor Conference Room 242, Houston, Texas 77002 at 10:30 a .m. on Tuesday, October 8, 2019. All Prospective Bidders are urged to be present. It is the Bidder’s responsibility to ensure that they have secured and thoroughly reviewed the solicitation documents prior to the Pre-Bid Conference. Any revisions to be incorporated into this solicitation document arising from discussions before, during and subsequent to the Pre-Bid Conference will be confirmed in writing by Letter(s) of Clarification prior to the bid due date. Verbal responses will not otherwise alter the specifications, and terms and conditions as stated herein. Bidding forms, specifications, and all necessary information should be downloaded from the Internet at https://purchasing.houstontx.gov/. By registering and downloading this solicitation document, all updates to this solicitation document will be automatically forwarded via e-mail to all registered Bidders. The place of the bid opening may be transferred in accordance with Paragraph (b), (5) of Section 15-45 of The Code of Ordinances, Houston, Texas. The bid opening meeting may be rescheduled in accordance with Paragraph (b), (6) of said Section 15-3. The City reserves the right to reject any or all bids or to accept any bid or combination of bids deemed advantageous to it. City Employees are prohibited from bidding on this solicitation in accordance with the Code of Ordinances, Section 15-1.

*CONTENTS: SECTION A: OFFER SECTION B: SCOPE OF WORK/SPECIFICATIONS SECTION C: GENERAL TERMS & CONDITIONS

*NOTE 1: Actual page numbers for each Section may change when the solicitation document is downloaded from the Internet or because of Letters of Clarification. Therefore, Bidders must read the bid document in its entirety and comply with all the requirements set forth therein. *NOTE 2: To be considered for award, please submit the electronic bid form and the forms listed in Section A, including the Official Signature Page, which must be signed by a company official authorized to bind the company.

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SECTION A

ON-CALL PREVENTIVE MAINTENANCE AND REPAIR SERVICES FOR 138 KV SUBSTATIONS AND OTHER HIGH/MEDIUM VOLTAGE ELECTRICAL EQUIPMENT

FOR HOUSTON PUBLIC WORKS BID INVITATION NO.: S74-L29186

NIGP CODE: 910-82 To The Honorable Mayor and Members of the City Council of the City of Houston (the “City”), Texas: The undersigned Bidder hereby offers to contract with the City upon the terms and conditions stated in that certain "Contract for On-Call Preventive Maintenance and Repair Services for 138 KV Substations and Other High/Medium Voltage Electrical Equipment for a three-year period with two (2) one-year option periods to extend for the Houston Public Works Department," which was distributed by the City together with the "Notice to Bidders" and is hereby incorporated herein by this reference (the "contract"). This offer is made at the prices stated on the electronic bid form. When issued by the City of Houston, Letters of Clarification shall automatically become part of this bid document and shall supersede any previous specifications or provisions in conflict with the Letters of Clarification. It is the responsibility of the Bidder to ensure that it has obtained all such letters. By submitting a bid on this project, Bidder shall be deemed to have received all Letters of Clarification and to have incorporated them into its bid. The City may accept this bid offer by issuance of a contract covering award of said bid to this Bidder at any time on or before the 180th day following the day this Official Bid Form is opened by the City. This offer shall be irrevocable for 180 days, but shall expire on the 181st day unless the parties mutually agree to an extension of time in writing. The City of Houston reserves the option, after bids are opened, to increase or decrease the quantities listed, subject to the availability of funds, and/or make award by line item. If the City accepts the foregoing offer, this Bidder promises to deliver to the City Chief Procurement Officer of the City, five (5) original counterparts of said contract duly executed by this Bidder (as "Contractor") in accordance with this paragraph, proof of insurance as outlined in Article II of the contract, all on or before the tenth (10th) day following the day this Bidder receives from the City the unsigned counterparts shall be executed so as to make it binding upon the Bidder, and all of the applicable requirements stated in the document entitled "Instructions for Execution of Contract Documents," (which was distributed by the City) shall be complied with. The City reserves the right to cancel this ITB, accept or reject, in whole or in part, any or all bids received and to make award on the basis of individual items or combination of items, as it is deemed in the best interest of the City. If the City accepts the foregoing offer, this Bidder shall furnish all labor, supervision, materials, supplies, equipment and tools necessary to provide On-Call Preventive Maintenance and Repair Services for 138 KV Substations and Other High/Medium Voltage Electrical Equipment for the City in accordance with attached specifications.

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Documents/forms must be downloaded from the City’s Website at http://purchasing.houstontx.gov/forms.shtml Additional Required Forms to be included with this Bid: In addition to the Electronic Bid Form and the Official Signature Page, the Forms listed in Table 1 must be completed and submitted to the Office of the City Secretary on or before the date and time the bid is due. When submitting bids via UPS/FedEx, etc. please label it with the name: Office of the City Secretary, City Hall Annex, Public Level, 900 Bagby, Houston, Texas 77002, along with the bid/proposal number:

TABLE 1 - REQUIRED FORMS Affidavit of Ownership.doc Fair Campaign Ordinance.doc (Form-A) Statement of Residency.doc Conflict of Interest Questionnaire.doc Pay or Play-1A, Program Acknowledgement Form Pay or Play-2, Certification of Agreement Form M/WBE Signed Letter of Intent Drug Forms.doc

Table 2 lists other documents and forms that should be viewed/downloaded from the City’s website, but are not required to be submitted with the bid. The City will request these forms, as applicable, to be completed and submitted to the City by the recommended/successful bidder:

TABLE 2 - DOCUMENTS & FORMS EEOC.doc Formal Instructions for Bid Terms.doc M/WBE.doc Sample Insurance Over $50,000.pdf Insurance Endorsements Pay or Play Office of Business Opportunity & Contract Compliance Q & A Pay or Play Office of Business Opportunity & Contract Compliance Requirements Pay or Play Contractor/Subcontractor Payment Reporting Form Pay or Play Contractor/Subcontractor Waiver Request Pay or Play List of Participating Subcontractors Criminal Justice Information Services (CJIS) Compliance Addendum (Applicable to Houston Police Department (HPD) Occupied Facilities)

Questions concerning the bid should be submitted by e-mail to Elnora.Smith@houstontx.gov no later than 2:00 p.m. CST., Thursday, October 10, 2019.

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SITE INSPECTION The City of Houston reserves the right to inspect the Bidder’s current place of business to evaluate equipment condition and capabilities, staff experience, training and capabilities, and storage capabilities as they relate to the performance of this contract. QUALITY AND WORKMANSHIP The Bidder must be able to demonstrate upon request that it has satisfactorily performed services similar to the services specified herein. The Bidder will provide records of warranty and repair services upon request by City. The City of Houston shall be the sole judge as to whether the services performed are similar to the scope of work/specifications contained herein and whether the Bidder is capable of performing such services. PROTESTS Protests should be filed in accordance with the City of Houston Administrative Policy (A.P. No. 5-12) http://www.houstontx.gov/policies/administrative_policies.html NO CONTACT PERIOD:

Neither bidder(s) nor any person acting on bidder(s)'s behalf shall attempt to influence the outcome of the award by the offer, presentation or promise of gratuities, favors, or anything of value to any appointed or elected official or employee of the City, their families or staff members. All inquiries regarding the solicitation are to be directed to the designated City Representative identified on the first page of the solicitation.

With the exception of bidder’s formal response to the solicitation and written requests for clarification during the period officially designated for such purpose by the City Representative, neither Proposer(s) nor persons acting on their behalf shall communicate with any appointed or elected official or employee of the City, their families, or staff through written or oral means in an attempt to persuade or attempt to persuade or influence the outcome of the award or to obtain or deliver information intended to or which could reasonably result in an advantage to any Proposer from the time of issuance of the solicitation through the pre-award phase and up to the date the City Secretary publicly posts notice of any City Council agenda containing the applicable award. However, nothing in this paragraph shall prevent a bidder from making public statements to the City Council convened for a regularly scheduled session after the official selection has been made and placed on the City Council agenda for action, or to a City Council committee convened to discuss a recommendation regarding the solicitation. Minority and Women Business Enterprises It is the City of Houston’s policy to ensure that Minority and Women Business Enterprises (MWBE) have full opportunity to compete for and participate in City Contracts. Contractor shall comply with the City’s MWBE Program as set forth in Chapter 15, Article V of the City of Houston Code of Ordinances. Contractor shall make good faith efforts to award subcontracts and supply agreements in at least 11% of the value of the Agreement to certified MWBEs. Contractor acknowledges that they have reviewed the requirements for good faith efforts on file with the Office of Business Opportunity (OBO), available at http://www.houstontx.gov/obo/docsandforms/goodfaithefforts.pdf, and will comply with the set forth requirements. Contractor shall maintain records of subcontracts and supply agreements with certified MWBEs, containing language required herein. In addition, Contractor shall submit all disputes that may arise with MWBE subcontractors/supplies to mediation provided by the City, if directed to do so by OBO. HIRE HOUSTON FIRST

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In an effort to promote economic opportunity for Houston businesses and to support job creation, the Hire Houston First Program grants the City of Houston the ability to give a preference to eligible local companies, as long as their pricing is competitive. To be eligible for the preference, a company must be designated as a City Business (CB) or Local Business (LB) under the Hire Houston First Program prior to submittal of bid. Bidders must submit a completed Declaration of Hire Houston First Designation form with the bid. To complete an application for the Hire Houston First program, visit http://www.houstontx.gov/obo/hirehoustonfirst.html. Applications can be submitted to the City of Houston Office of Business Opportunity via the online application system, by e-mail to HIREHOUSTONFIRST@houstontx.gov, by fax to 832-393-0646, or hand delivered. Note: Participation in the Hire Houston First program is not required to bid on City of Houston contracts.

Award of Procurement of $100,000 or More for Purchase of Non-Professional Services, Including Construction Services: THE CITY WILL AWARD THIS PROCUREMENT TO A “CITY BUSINESS,” AS THAT TERM IS DEFINED IN SECTION 15-176 OF THE CITY OF HOUSTON CODE OF ORDINANCES (“THE CODE”)

• IF THE BID OF THE LOCAL BUSINESS IS THE LOWEST RESPONSIBLE BID OR IS WITHIN 3% OF THE LOWEST BID RECEIVED, AND

• UNLESS THE USER DEPARTMENT DETERMINES THAT SUCH AN AWARD WOULD UNDULY INTERFERE WITH CONTRACT NEEDS, AS PROVIDED IN SECTION 15-181 OF THE CODE.

IF THERE IS NO BID OF A LOCAL BUSINESS THAT MEETS THESE CRITERIA, THE CITY WILL AWARD THE PROCUREMENT TO THE LOWEST RESPONSIBLE BIDDER Award of Procurement under $100,000 Purchase of Non-Professional Services Including Construction Services: THE CITY WILL AWARD THIS PROCUREMENT TO A “LOCAL BUSINESS,” AS THAT TERM IS DEFINED IN SECTION 15-176 OF THE CITY OF HOUSTON CODE OF ORDINANCES

• IF THE BID OF THE CITY BUSINESS IS THE LOWEST RESPONSIBLE BID OR IS WITHIN 5% OF THE LOWEST BID RECEIVED, AND

• UNLESS THE USER DEPARTMENT DETERMINES THAT SUCH AN AWARD WOULD UNDULY INTERFERE WITH CONTRACT NEEDS, AS PROVIDED N SECTION 15-181 OF THE CODE.

IF THERE IS NO BID OF A LOCAL BUSINESS THAT MEETS THESE CRITERIA, THE CITY WILL AWARD THE PROCUREMENT TO THE LOWEST RESPONSIBLE BIDDER Award of Procurement that may be More or Less than $100,000 for Purchase of Non-Professional Services, Including Construction Services: THE CITY WILL AWARD THIS PROCUREMENT TO A ” LOCAL BUSINESS,” AS THAT TERM IS DEFINED IN SECTION 15-176 OF THE CITY OF HOUSTON CODE OF ORDINANCES (“THE CODE”)

• IF THE BID OF THE LOCAL BUSINESS IS LESS THAN $100,000 AND IS THE LOWEST RESPONSIBLE BID OR IS WITHIN 5% OF THE LOWEST BID RECEIVED, OR

• IF THE BID OF THE LOCAL BUSINESS IS MORE THAN $100,000 AND IS THE LOWEST RESPONSIBLE BID OR IS WITHIN 3% OF THE LOWEST BID RECEIVED, AND

• UNLESS THE USER DEPARTMENT DETERMINES THAT SUCH AN AWARD WOULD UNDULY INTERFERE WITH CONTRACT NEEDS, AS PROVIDED IN SECTION 15-181 OF THE CODE.

IF THERE IS NO BID OF A LOCAL BUSINESS THAT MEETS THESE CRITERIA, THE CITY WILL AWARD THE PROCUREMENT TO THE LOWEST RESPONSIBLE BIDDER

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ANTI-BOYCOTT OF ISRAEL

Contractor certifies that Contractor is not currently engaged in, and agrees for the duration of this Agreement not to engage in, the boycott of Israel as defined by Section 808.001 of the Texas Government Code.

ZERO TOLERANCE POLICY FOR HUMAN TRAFFICKING AND RELATED ACTIVITIES

The requirements and terms of the City of Houston’s Zero Tolerance Policy for Human Trafficking and Related Activities, as set forth in Executive Order 1-56, as revised from time to time, are incorporated into this Agreement for all purposes. Contractor has reviewed Executive Order 1-56, as revised, and shall comply with its terms and conditions as they are set out at the time of the Countersignature Date. Contractor shall notify the CPO, City Attorney, and the Director of any information regarding possible violation by Contractor or its subcontractors providing services or goods under this Agreement within 7 days of Contractor becoming aware of or having a reasonable belief that such violations may have occurred, have occurred, or are reasonably likely to occur.

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SECTION B SCOPE OF WORK/SPECIFICATIONS

1.0 GENERAL: The Contractor shall furnish all supervision, labor, parts, tools, materials, transportation, equipment, supplies, and facilities necessary to provide on-call electrical preventive maintenance and inspection services as well as un-scheduled repair services for 138 KV Substations and other High/Medium Voltage electrical equipment at various Drinking Water Operations and Wastewater Operations facilities of City of Houston. Contractor will be responsible to provide interim equipment necessary to maintain operations during the repair. The nominal system voltages are as listed in IEEE Std. 141-1993 (IEEE Red Book), Table 3-3.

1.1 The Contractor shall perform Scheduling of Switching with Center Point Real Time Operator (RTO),

receive all required switching instructions from RTO, perform all required switching, and make all required confirmation upon switching competition to RTO. Upon request, the Contractor will perform an Arc-Flash study on all equipment covered by this contract and install signage indicating the Cal- Rating, Approach Boundaries and Required PPE for each piece of equipment, according to National Fire Protection Association (NFPA) 70E. The Contractor will make changes to substation relays setting provided by the city as requested.

1.2 The Contractor shall provide the following information on all service tickets: Name of the technician

and technician’s current skill level. Verification of technical skill level may be requested of the vendor on an as needed basis and will be included on the service ticket. The Contractor shall perform preventive maintenance work upon written request and on a schedule defined by the User Department Representative (UDR). There shall be no verbal scheduling with the exception of emergencies and all emergency requests shall be confirmed by the vendor by the UDR via e-mail within 24-hours of the request.

2.0 CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES:

2.1 The Contractor shall be an independent, third party entity that can function as an unbiased testing

authority, professional independent of the manufacturers, suppliers, and installers of equipment or systems being evaluated. The Contractor shall have been regularly engaged in the testing of High, Medium, and Low voltage electrical equipment devices and systems for the last ten (10) years. The Contractor shall have resources and manpower located within or close enough to the city limits for appropriate response to emergency calls and service calls.

2.2 The meaning of some specific terms as used in this contract /specification are given in Exhibit A,

Definitions. This specification defines minimum acceptable requirements for the repair of the units. This specification covers the general requirements for the maintenance and repair services for four 138 KV Substations and other high or medium voltage equipment located at City of Houston facilities. This includes, but is not limited to, power transformers, oil circuit breakers, protective relays (mechanical and electronic types), motor control centers, batteries/battery chargers, UPS, air switches, bus ducts and enclosures, capacitor banks, air circuit breakers, power factor capacitors and lightning arrestors/capacitors.

2.3 The work shall include monthly, quarterly, annual, and bi-annual scheduled electrical preventive

maintenance and inspections, relay testing and calibrations, infrared inspections, load flow evaluation,

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protective relay evaluation and coordination, electrical grounding evaluation and correction, power quality analysis, un-scheduled corrective maintenance, and general electrical/mechanical work of the equipment at substations. Customers must be informed when Contractors enter and exit the plant at all times. The Supplier will provide the City of Houston with a roster of these employees, and the roster must include the employee’s full name, picture, and driver license number. Roster will be sent by electronic mail to HPW Security (Attn: Stephen Pack) at stephen.pack@houstontx.gov. Any changes to the roster must be forwarded to the City of Houston immediately upon change.

2.4 Unless otherwise specified, repair, preventive maintenance, parameters, and test methods for the

service of 138 KV Substations and other high or medium voltage equipment shall conform to the latest revision of the following CODES, STANDARDS, AND SPECIFICATIONS

2.4.1 American National Standard Institute (ANSI) 2.4.2 American Society for Testing and Materials (ASTM) 2.4.3 Insulated Cable Engineers Association (ICEA) 2.4.4 International Electrical Testing Association (NETA) 2.4.5 National Institute for Certification of Engineering Technologies (NICET) 2.4.6 Institute of Electrical and Electronic Engineers (IEEE) 2.4.7 IEEE Std. 902 (Yellow Book), IEEE Guide for Maintenance’ Operation, and Safety of

Industrial and Commercial Power Systems 2.4.8 IEEE Std. 242 (Buff Book)/ANSI, IEEE Recommended Practice for Protection and

Coordination of Industrial and Commercial Power Systems 2.4.9 IEEE National Electrical Safety Code C2-2002 2.4.10 IEEE Std. 902-1998 (Brown Book)/ANSI, IEEE Recommended Practice for Industrial and

Commercial Power Systems Analysis 2.4.11 IEEE Std. 141 (Red Book), IEEE Recommended Practice for Electric Power Distribution

for Industrial Plants 2.4.12 National Electric Code (NEC), NFPA 70 2.4.13 Recommended Practice for Electrical Equipment Maintenance, NFPA 70B 2.4.14 Standard for Electrical Safety Requirements for Employee Workplace, NFPA 70-E 2.4.15 Occupational Safety and Health Administration (OSHA) 2.4.16 State and Local codes and Ordinances 2.4.17 City of Houston Electrical Code 2.4.18 Electrical Apparatus Service Association (EASA) 2.4.19 Underwriter Laboratories, Inc. (UL) 2.4.20 National Electrical Manufacturer’s Association (NEMA) 2.4.21 National Institute for Certification of Engineering Technologies (NICET)

2.5 All repair and services shall be performed in a manner to comply with the applicable sections of the above standards and codes.

2.6 All test instruments shall be calibrated at least annually or as frequently as required by NETA

Maintenance Testing Specifications (MTS-2001-5.3). The accuracy shall be directly traceable to the National Institute of Standards and Technology (NIST) or equivalent standards. The Contractor shall establish, document, and maintain calibration records for test and measuring equipment used to demonstrate conformance of product to specified requirements. The Contractor may be requested by the City representative to provide calibration records for testing and measuring equipment.

2.7 The Contractor shall furnish, if requested by a City Representative, copies of current environmental

permits, license, insurance, and/or certifications and demonstrate compliance with safety and environmental regulations.

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2.8 SubContractors to the Contractor for the performance of work are subject to the same standards as the Contractor.

2.9 The price of parts and material and cost of a replacement unit supplied for this contract shall be the

total original invoiced cost to the Contractor plus Contractor’s quoted percentage (%) markup for the item. The Contractor shall submit to Accounts Payable these actual original invoices, as attachments, with the final invoice for payment by the City of Houston for the work performed by the Contractor. The Contractor shall submit the supporting documentations with the final invoice.

2.10 All markups shall be based on Contractor’s or sub-Contractor’s actual original invoiced documents.

2.11 At Contractor’s repair facility, the Contractor shall disassemble the unit, inspect it and prepare a scope

of work to repair and replace parts with new OEM parts. The cost of inspection and preparation of the scope of work shall be a part of the base cost of any repair job.

2.12 If the Contractor plans to use any part other than an OEM specified part, the Contractor shall obtain

written permission from the Contract Technical Representative (CTR) before using such parts. Upon request by the City and at the expense of Contractor, testing may be required by an independent third party chosen by the City. The onus shall be upon the Contractor to prove that non-OEM parts are equal or of better material and craftsmanship and will not require modification to other parts. Testing data and supplemental qualitative data provided to the CTR mush show if parts exceed or are equivalent to OEM requirements. The Contractor shall furnish the documentation with the scope of work for the repair job.

Only OEM parts will be allowed in the repair of explosion-proof units with no exceptions.

2.13 A City representative shall pick up all non-repairable units within 30 days after decision has been made

by the UDR that the equipment is non-repairable. Non-repairable units do not need to be reassembled. 2.14 Where hourly work is performed on behalf of the City, the Contractor (and Sub-Contractors of the

Contractor) shall fully document the start of the work, the time spent on the job, and completion of each job. The documentation shall be punch card/time-clock or shop record or any other mutually agreed method.

2.15 Contractor shall ensure the Equipment Inventory number (EI) tag remains attached to the equipment.

Contractor shall notify the UDR if the (EI) tag is damaged or missing and for replacing any missing tags per UDR instructions.

2.16 Wherever torque values are known, the Contractor shall use a torque wrench and adhere to the OEM

torque values. 2.17 If requested by the UDR, Contractor shall furnish parts needed for maintenance activities of by City

Personnel. Contractor shall charge the same price for these parts as scheduled in Bid Forms under “Parts and Material.”

2.18 Paint booth shall not be used for sandblasting. 2.19 Upon receipt of the unit the Contractor shall verify and document all information about the condition of

the units including nameplate data. Contractor shall inspect the unit and document the damaged and missing parts on the teardown report.

2.20 Digital photographs of each unit, as received, and the damaged components shall be made part of the

teardown report upon request from the UDR/CTR.

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2.21 The City reserves the rights to pick up any and all parts that are quoted by the Contractor to be replaced. 2.22 Any equipment removed from City property shall be documented on a City Return Authorization Form

(7530-0559951-00). The Public Works and Engineering Department may use a Log in conjunction with the Return Authorization form. The department requesting services shall provide the Return Authorization Form. The user department shall adjust the Form to reflect the Contract Number pertaining to this Contract.

2.23 The Contractor shall provide a list to the City of the name(s) and location(s) of shop(s) that shall be

used for specified repair work and obtain written approval before start of the contract. If the Contractor plans to use any sub-Contractor not on the list, the Contractor shall obtain written approval from the CTR before subcontracting the work.

2.24 All metal parts shall be checked for structural integrity and cracks. Vendor must notify UDR/CTR if any

parts need to be repaired or replaced as needed. UDR will approve any necessary repairs. 2.25 Terminal boxes and auxiliary equipment enclosures shall be made to meet OEM’s specifications. 2.26 The repair shop must be able to verify all hours charged for work performed on behalf of the City. This

shall apply to work done by sub-Contractors or the Contractor. In-house work shall be supported with copies of service ticket. This verification shall be submitted with the invoice.

2.27 The City reserves the right to review all payments made to the Contractor by auditing any and all

documents associated with this contract at a later date. Subject to such audit, any overpayments shall be recovered from the Contractor.

2.28 The Contractor shall be responsible for storage of the units and all parts. Any parts lost or damaged while in the possession of the Contractor shall be repaired or replaced at Contractor’s expense.

2.29 The price of parts supplied for this contract is the total cost of the item to the Contractor supported by

documentation. Support documentation must be provided to the UDR/CTR upon request. 2.30 The Contractor shall submit two sets of Monthly Preventive Maintenance and Inspection reports

by electronic mail to the designated Point of Contract per branch (cc UDR/CTR). One set shall cover the work done on the equipment of Drinking Water Operations Branch and the second set shall cover the work done on the equipment of Wastewater Operations Branch. The typed detailed reports shall include job location, equipment location, equipment identification or description, equipment data, type of inspection, date of inspection, condition of equipment, existing settings, new settings if applicable, name of the Technician. A cover sheet shall summarize deficiencies, corrections, with recommendations to bring the equipment to standard.

2.31 Upon completion of any repair work the Contractor shall provide to the UDR/CTR, a full set of completed

report of the repair performed on the unit, list of the parts replaced, the tests performed, and any other relevant data as requested by the UDR/CTR.

2.32 The Contractor shall establish and maintain records for at least three (3) years after contract expiration

that the product has passed inspection and/or test with defined acceptance criteria. 2.33 The price shown on the Contract Fee Schedule for Scheduled Preventive Maintenance and

Unscheduled Repair Services shall include all cost of supervision, labor, tools, equipment, supplies,

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and parts to complete the work as specified herein. This base fee on line items cost does not include the cost of broken or damaged parts (which are reimbursable) if authorized by the UDR.

2.34 The Contractor shall perform the maintenance services diligently and without unnecessary interruptions or delays during the time periods prescribed.

2.35 At City locations, all equipment which are undergoing maintenance and repair shall be lockout/tagout

(LOTO) to protect against accidental or inadvertent operation when such operation could cause injury to personnel or damage to equipment {see Hazardous Energy Control (lockout/tagout Program), IEEE Std. 902-1998, Section 10.4.2}. LOTO shall be carried out by authorized personnel who may be a qualified electrician, a qualified mechanic, or a qualified operator. Contractor is responsible for providing their own LOTO and on enforcing any safety guidelines needed for their personnel to follow.

2.36 No travel time charges are permitted under this contract. The Contractor shall include the associated

costs for transportation under labor rate and/or the rate cost to perform scheduled and un-scheduled maintenance activities.

2.37 The Contractor shall perform electrical preventive maintenance of other substituted electrical

equipment at no additional cost, if requested in writing by UDR, in lieu of equipment already included in this document.

3.0 REPAIR AND REPLACEMENT 3.1 The Contractor shall inspect, repair, and/or troubleshoot assemblies and subassemblies of the unit and

provide a cost estimate for repair and replacement. The UDR/CTR reserves the right to purchase or repair units based on economic evaluation and various operational considerations.

3.2 The CTR must approve, in writing, the purchase of a new unit in lieu of repair. 3.3 Replacement unit shall have the same Original Equipment with the same characteristic as the one

being replaced unless otherwise authorized, in writing, by CTR. 3.4 Contractor shall use Contract Fee Schedule line item under “Cost to Replace a Unit” to invoice the

replacement cost. 4.0 SPECIFIC TASKS 4.1 Upon contract award, the Contractor may request the UDR and receive available single-line diagrams

(one-line diagrams) of electrical power distribution of the facilities covered by this document. The Contractor shall review and update the single-line diagrams and the associated documentation to ensure that the diagrams provide all items listed in IEEE Std. 141-1993-2.4.7 Single-line Diagram. One copy of each updated single line diagram and associated documentation shall be submitted to the UDR at the end of the first 12-month period under this contract.

4.2 The UDR shall submit a schedule to the Contractor of all needed monthly, quarterly, annual, and bi-

annual electrical preventive maintenance services for each 12-month period cycle. Once approved, the Contractor will be advised on any changes on the schedule upon site availability and with the approval of the UDR. Any changes to the schedule and cancellations will be notified at least 24 hours prior to scheduled work.

4.3 The Contractor’s electrical preventive maintenance services bill shall be based on work performed as

requested by the UDR and invoiced monthly. This shall be the cost shown on the Contract Fee

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Schedule. 4.4 Electrical preventive maintenance services involving shut down of equipment shall be approved by

UDR and coordinated with Operations supervisor of the facility and the vendor. Granting of a shutdown is subject to Operations conditions at the time.

4.5 The Contractor shall complete any scheduled Preventive Maintenance and Inspection service of any

equipment and return such unit to operations notwithstanding the expiration of the business hours and/or other conditions unless authorized, in writing, by UDR.

4.6 The Contractor shall have access to the facilities named in this document and to storage areas

designated by the Director within the facilities. Access to the facilities shall be limited to 7:30 a.m. to 3:30 p.m. Monday to Friday, except as required or allowed by the UDR.

4.7 The Contractor shall perform un-scheduled corrective, repair, and maintenance services when

requested by the UDR. 4.8 The Contractor shall immediately respond and investigate within 2 hours of the UDR’s request for

emergencies services and within 4 hours of the UDR’s request on non-emergencies request. For emergency work, the Contractor will be required to provide a 24/7 emergency contact to respond for any requests on emergency services. Contractor will provide a preliminary cost estimate and the UDR will approve the request by phone if required. For non-emergencies request, the Contractor shall prepare and submit to the UDR a scope of the repair work to be carried out on the unit within two (2) working days, which shall include a good faith and detailed cost estimate. This cost estimate shall include a brief description of the work to be performed; cost for new replacement OEM parts, estimated additional labor hours required for the repair of the unit not covered under base cost, and shall include the estimated time for delivery time of parts and expected completion date of the work.

4.9 The UDR shall review the Contractor’s proposed work scope and cost estimate and revise/approve the

work scope/cost estimate. 4.10 Upon written acceptance of cost estimate by the UDR, the Contractor shall proceed with repairs. The

Contractor shall commence to work on the unit immediately and complete the repair within the allocated time for delivery of such item.

4.11 The Contractor shall notify the UDR immediately if the Contractor cannot complete the job within the

contractually agreed time period. The Contractor shall submit to UDR a detailed explanation for the delay with a revised schedule to complete the job.

4.12 At all times during the repair process, Contractor shall maintain City’s equipment in a clean and weather

protected storage area.

4.12.1 SAFETY PRACTICES SHALL INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING REQUIREMENTS:

4.12.1.1 A safety lead person shall be identified prior to commencement of work. 4.12.1.2 A safety briefing shall be conducted prior to the commencement of work. 4.12.1.3 All tests shall be performed with the apparatus de-energized and grounded (locked and

tagged) except where otherwise specifically required in certain tests to be ungrounded or energized.

4.12.1.4 The testing organization shall have a designated safety representative on the project to supervise operations with respect to safety. This individual may be the same person described in Section 5.1 of MTS-2001.

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5.0 SUITABILITY OF TEST EQUIPMENT 5.1 All test equipment shall meet the requirements in Section 5.3 of MTS-2001 and be in good mechanical

and electrical condition. 5.2 Field test metering used to check power system meter calibration must be more accurate than the

instrument being tested. a. Accuracy of metering in test equipment shall be appropriate for the test being performed. b. Waveshape and frequency of test equipment output waveforms shall be appropriate for the test

and the tested equipment.

5.5 The Contractor shall perform a test on the oil in Oil Circuit Breakers (OCB) and the fluid in the Liquid-Filled Transformers (LFT) to detect and correct the conditions that affect and lower the quality of the oil or liquid. The Contractor shall follow the appropriate ASTMs for taking samples, tests, and criteria for acceptable limits as listed in MTS-2001, and MTS-2001, Table 10.4. Contractor shall follow manufacturer specifications for testing of Sulfur Hexafluoride (SF-6)dga equipment.

5.6 The Contractor shall perform the tests listed in MTS-2001 and/or Chapter 18 of NFPA 70B-1998

ordinarily used in the field to determine the condition of various elements of an electrical power- distribution system.

5.7 After completion of the work, the Contractor shall submit a monthly written record of all tests with details

as required by Section 5.4 Test Report of MTS-2001, unless otherwise specified in this document. 6.0 PREVENTIVE MAINTENANCE 6.1 The City’s Waste Water Operations and Drinking Water Operations equipment and the frequency of

preventive maintenance services covered by this contract are detailed in Exhibit BB1 and BB2. 6.2 All preventive maintenance activities are to be carried out during regular business hours. All overtime

work is subject to UDR approval and is to be considered only under special circumstances like weather or operational emergencies.

6.3 For all preventive maintenance activities, a period of 1,5 hours a day should be considered for Lock

Out Tag Out procedure and for power restauration and equipment function test. 7.0 WASTE WATER OPERATIONS 7.1 Visual Monthly Inspection 69th Street WWTP

7.1.1 The Contractor shall reference WWO Exhibit BB1 when visually inspecting the electrical equipment at the 69th Street WWTP monthly as follows:

7.1.2 Visual Inspection. Electrical Buildings and Perimeter

7.1.2.1. Check Station battery condition, liquid levels, specific gravity, cell voltage and charger

7.1.2.2. Clean the Station battery, mitigate and correct for oxidized terminals, low liquid levels

7.1.2.3. Record meter readings 7.1.2.4. Check building conditions

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7.1.2.5. Check ventilation and filters in the building 7.1.2.6. Check heaters in the building 7.1.2.7. Check lights in the building and yard 7.1.2.8. Check yard conditions 7.1.2.9. Inspect switches and switch-rack 7.1.2.10. Inspect insulators and bushings 7.1.2.11. Inspect fences, gates and signs 7.1.2.12. Uproot/remove grass, vegetation, debris, etc. inside of substation fence

7.1.3. Visual inspection. Power Transformers 7.1.3.1. Check and record oil level gauge readings 7.1.3.2. Check and record oil/winding temperatures. 7.1.3.3. Check and record gas pressure gauge readings 7.1.3.4. Check cooling systems operation of fans and pumps. 7.1.3.5. Check condition of Neutral Grounding Resistors. 7.1.3.6. General inspection of bushings, lighting, lightning arresters and transformer 7.1.3.7. Read and record percentage of combustibles in gas blanket with fault gas

detector. 7.1.3.8. Change nitrogen bottles as needed.

7.1.4. Visual inspection. Circuit Breakers

7.1.4.1. Inspection as per type of breaker: oil, vacuum, SF6, etc. 7.1.4.2. Inspection, readings and recording of monitored parameters (pressure,

temperature, number of operations, etc.) as per maker’s recommendations 7.1.4.3. Read and take recordings of active alarms displayed on protection relays. 7.1.4.4. Check and record the fault history stored in the protection relays. 7.1.4.5. In automated and manual transfer switching configurations note the currently

used feeder and note changes from last inspections.

7.1.5. Visual inspection, switchgear and panels 7.1.5.1. Inspect structural integrity of foundations, panels and condition of paint coat 7.1.5.2. Inspect condition of doors, locks, hinges, gaskets and seals. 7.1.5.3. Inspect and record condition of tags, warning labels, arc-flash labels. 7.1.5.4. Note presence or traces of heat, smoke and unusual smells 7.1.5.5. Check functionality of space heaters

7.2. Annual Preventive Maintenance Services

7.2.1 The 138 KV equipment listed in WWO Exhibit BB1 and with the frequency specified there will be serviced following the general guidelines as seen below:

7.2.1.1. Power Transformers

7.2.1.1.1. Visual inspection of structural integrity of foundation and

transformer enclosure. 7.2.1.1.2 Evaluate and record condition of paint and presence of rust.

Remove rust and spray paint with adequate product to prevent further oxidation until proper paint job is possible.

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7.2.1.1.3 Clean buses, bushings, arresters, stress cones and compartments.

7.2.1.1.4 All applicable NETA testing to the specific construction of the transformer (indoor, outdoor, oil cooled, dry type, etc.): Megger, Power Factor, Turn Ratio, Polarization Index, etc. The testing equipment used shall be Doble or equivalent precision and quality.

7.2.1.1.5 Neutral Grounding Resistors: Clean, test and ensure tightness and good condition of connections.

7.2.1.1.6 Check sudden pressure relay where applicable.

7.2.1.1.7 Oil sampling and lab test. 7.2.1.1.8 Record and submit interpretation of all test results and

observations. 7.2.1.1.9 Plan for correcting and repairing all small items that can be

addressed in the outage window allocated to the equipment.

7.2.1.2 Circuit Breakers 7.2.1.2.1 Verify absence of voltage on all exposed wires, stubs and

terminals. 7.2.1.2.2 Clean bushings, buses, Current Transformer (CT’s), Voltage

Transformer (VT’s) and compartments. 7.2.1.2.3 Record and check voltage levels of control power. 7.2.1.2.4 All applicable NETA testing (make/break times, power factor,

vacuum integrity, contact resistance, etc.) to the specific type and construction of the breaker (Oil, Vacuum, SF6, etc.) and according with the voltage rating (2.4 Kv; 4.16 Kv; 12.4 Kv; 138 Kv). The testing equipment used shall be Doble or equivalent precision and quality.

7.2.1.2.5 Record all relevant data shown on associated protection relay (number of operations, trips, alarms) and make the necessary recommendations.

7.2.1.3 Switches

7.2.1.3.1 Clean bushings, buses, CT’s VT’s 7.2.1.3.2 Clean, lubricate and test mechanical operations of the actuator

mechanism. 7.2.1.3.3 Exercise the switch 7.2.1.3.4 All applicable NETA testing to the specific type and construction of

the switch (Oil, air) and according with the voltage rating (2.4 Kv; 4.16 Kv; 12.4 Kv; 138 Kv). The testing equipment used shall be Doble or equivalent precision and quality.

7.2.1.3.5 Plan for correcting and repairing all small items that can be addressed in the outage window allocated to the equipment.

7.2.1.4 Switchgear, Motor Control Centers, indoor and outdoor panels

7.2.1.4.1 Visual inspection of structural integrity of foundations, general

construction, paint.

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7.2.1.4.2 Exercise doors and ensure proper condition of hinges, door stops, inspection windows.

7.2.1.4.3 Verify condition of tags, warning labels and arc flash labels. 7.2.1.4.4 Perform voltage test on exposed wires, wire terminals and stabs

for presence of voltage. 7.2.1.4.5 Clean and vacuum dust and dirt from inside enclosures and

surrounding service space. 7.2.1.4.6 Clean buses, CT’s VT’s Control Power Transformer (CPT’s),

terminals. 7.2.1.4.7 Tighten loose connections. 7.2.1.4.8 Inspect bus stubs, cubicle latches, interlocks, rollers and racking

mechanism. 7.2.1.4.9 Check phase barriers, arc chutes and contacts of the starters. 7.2.1.4.10 Check and clean fuses and fuse clips. 7.2.1.4.11 All applicable NETA testing (megger, power factor, vacuum

integrity, contact resistance, etc.) to the specific type and construction of the breaker (air, Vacuum, SF6, etc.) and according with the voltage rating (2.4 Kv; 4.16 Kv; 12.4 Kv; 138 Kv). The testing equipment used shall be Doble or equivalent precision and quality.

7.2.1.4.12 Function test after completion.

7.2.1.5 Grounding and lightning protection systems 7.2.1.5.1 All grounds and bonding found in all serviced equipment will be

inspected checked for integrity and the findings included in the reports.

7.2.1.5.2 The lightning protection system for the electrical buildings and equipment will be inspected checked for integrity and the findings included in the reports.

7.2.1.6 Protective relays

7.2.1.6.1 All protective relays will be tested on an annual basis for

functionality, verified for existence of settings installed at commissioning and to be adequate for the application.

7.2.1.6.2 A lump sum of 200 Intelligent Electronic Device protection relays and 100 electromagnetic protection relays will be tested. The distribution of protective relays is listed in the breakdown as shown in paragraph 8.

7.2.1.7 Miscellaneous Equipment

7.2.1.7.1 Applies to all complementary equipment to the items listed above

such as: line arresters, coupling capacitors, power factor capacitors, battery systems, metering, standalone panels, cabinet lighting.

8.0 DRINKING WATER OPERATIONS’ MONTHLY SERVICES 8.1 General Inspection at Substation

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8.1.1 Clean/check station battery condition, water, voltage and charging rate, positive to ground,

negative to ground. 8.1.2 Record meter readings 8.1.3 Check lights in building and yard. 8.1.4 Clean yard and remove all trash debris, etc. 8.1.5 Visually inspect switches and switch rack. 8.1.6 Visually inspect insulators and bushings. 8.1.7 Visually inspect fences, gates, and signs. 8.1.8 Uproot/remove all grass, vegetation, plants, debris, etc. inside of substation fence.

8.2 Visual Inspection of 138 KV Power Transformers

8.2.1 Check and record oil level gauge readings. 8.2.2 Check and record oil and winding temperatures. 8.2.3 Check and record gas pressure gauge readings. 8.2.4 Visually Inspect bushings, lighting, arresters, and transformers. 8.2.5 Read and record percentage of combustibles in gas blanket, with fault gas detector. 8.2.6 Change nitrogen bottle, replace as needed (500 # bottle pressure minimum).

8.3 Visual Inspection of 138 KV Oil Circuit Breakers

8.3.1 Record number of operations. 8.3.2 Check oil level indicators. 8.3.3 Check for oil leaks. 8.3.4 Pneumatic mechanism

8.3.4.1 Visual inspection 8.3.4.2 Check air pressure gauge and check for air leak. 8.3.4.3 Open condense drain valve to drain and start compressor motor and check its

operation. 8.3.4.4 Check compressor belts. 8.3.4.5 Check heaters. Take current reading and record. 8.3.4.6 Record compressor operations.

8.3.5 Hydraulic mechanism

8.3.5.1 Visual inspection 8.3.5.2 Check system pressure gauge and record pressure reading. 8.3.5.3 Check reservoir for proper fluid level. 8.3.5.4 Check for fluid leaks and tighten as needed. After tighten fittings wipe down

tubing/fitting /equipment in area where leak accrued. 8.3.5.5 Check heaters. Take current reading and record.

8.3.6 General inspection of bushing and breakers. 8.3.7 Clean OCB’s enclosures and compartment.

8.4 Visual Inspection, Switchgears Feeder Breakers

8.4.1 Clean enclosure, remove rust and spot paint. 8.4.2 Record number of operations. 8.4.3 General inspection of breaker compartments.

8.5 Visual Inspection, 5KV Motor Control Centers

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8.5.1 Clean enclosure and remove rust and spot paint. 8.5.2 Record number of operations.

8.6 Visual Inspection, Protective Relays

8.6.1 Inspect for physical damage. 8.6.2 Replace broken glass and gasket if necessary.

8.7 Visual Inspection, Disconnect Switches, fusible Switches, and Transfer Switches

8.7.1 Inspect for physical and mechanical condition. 8.7.2 Check for proper anchorage and required area clearances. 8.7.3 Inspect all indicating devices for proper operation. 8.7.4 Clean enclosure (exterior), remove rust, apply anti rust, and spot paint with the same color.

9.0 DRINKING WATER OPERATIONS’ QUARTERLY SERVICES

9.0.1 Perform thorough visual inspection of each cell. 9.0.2 Clean battery cases with rags and distilled water. 9.0.3 Clean old grease and corrosion from links and battery posts. 9.0.4 Apply new grease to links and posts. 9.0.5 Torque connections. 9.0.6 Perform cell voltage, bank voltage, positive-to-ground, negative-to-ground, and specific

gravity tests. 9.0.7 Add distilled water to cells as required. 9.0.8 Tabulate all test data and provide overall analysis of the data obtained from tests.

9.1 Battery charger/Rectifier

9.1.1 Perform visual and mechanical inspection. 9.1.2 Inspect for damage and moisture contamination. 9.1.3 Clean, wipe dirt and dust, remove rust, apply anti rust and spot paint, interior and exterior of

enclosure. 9.1.4 Inspect all bolted electrical connections for high resistance using low resistance 9.1.5 Verify float voltage and equalized voltage settings. 9.1.6 Verify operation of ammeter and voltmeter. 9.1.7 Verify operation of alarms 9.1.8 Compare bolted connection resistance to values of similar connections. 9.1.9 Float and equalize voltage settings shall be in accordance with manufacturer’s published

data. 10.0 DRINKING WATER OPERATIONS’ BIENNIAL SERVICES 10.1 Outdoor Substation Area

10.1.1 Check yard lighting, clean light fixtures and replace ballast/bulb if necessary. 10.1.2 Clean/remove rust on steel structures, bus enclosure, ground grid enclosure and spot paint

with the same color. 10.1.3 Check and tighten loose bolts connection on substation structures, grounding grid and

lightning protection systems.

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10.2 Outdoor 138 KV Air Switches 10.2.1 Visual inspection and correct accordingly, to verify blade is centered on contacts, contacts

are not pitted, blade is firm against the stop, full open position is satisfactory, tightness of bolts and operating handle works freely.

10.2.2 Clean entire switch using approved methods and materials. 10.2.3 Lubricate moving parts.

10.3 Substation Power Transformers

10.3.1 Perform visual inspection of transformer, gauges, indicators, fans and auxiliary devices. 10.3.2 Clean transformer, accessories, remove rust, and spot paint. 10.3.3 Doble Test of primary lightning arresters. 10.3.4 Doble Test transformer bushings and winding. 10.3.5 Power factor, moisture content, interfacial tension dielectric breakdown, color, dielectric,

Dissolved Gas Analysis (DGA) and acid test of oil. 10.3.6 Excitation current test. 10.3.7 Replace drying agent (silica gel desiccant). 10.3.8 Change nitrogen bottles as needed. (500 # bottle pressure minimum). 10.3.9 Megger insulation test of bushing current transformer winding to ground. 10.3.10 Turn-to-turn winding ratio test. 10.3.11 Check operation of tap changer.

10.4 Oil Circuit Breakers

10.4.1 Clean bushing, compartment, remove rust, apply anti rust, and spot paint with the same color.

10.4.2 Doble power factor test of capacitor type bushing. 10.4.3 Doble power factor test of breaker insulation. 10.4.4 Power factor acidity, interfacial tension, dielectric breakdown, and color test of oil. 10.4.5 Contact time travel curve recorded with motion analyzer. 10.4.6 Main contact resistance test with Digital Low Resistance Ohmmeter (DLRO). 10.4.7 Sudden pressure relay operation test. 10.4.8 Megger insulation test secondary control circuits. 10.4.9 Doble Test of operating coils and bushing CT’s by AC voltage saturation. 10.4.10 Check operating mechanism per manufacturer’s instruction. 10.4.11 Check the accumulators’ pre-charge pressure with zero hydraulic pressure on system. 10.4.12 Record as found pressure and charge accumulator to manufactures specifications if

needed. 10.4.13 Find minimum voltage to trip control coil.

10.5 SF6 Breakers

10.5.1 Clean bushing, compartment, remove rust, apply anti rust, and spot paint with the same color.

10.5.2 Doble power factor test bushing. 10.5.3 Doble power factor test insulation. 10.5.4 Main contact resistance test with DLRO. 10.5.5 Megger insulation test secondary control circuits. 10.5.6 Doble Test of operating coils and bushing CT’s by AC voltage saturation. 10.5.7 Check operating mechanism per manufacturer’s instruction. 10.5.8 Check control/alarm pressure switches. 10.5.9 Find minimum voltage to trip control coil.

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10.5.10 Pull gas sample for moisture analysis.

10.6 Main Bus Duct and Enclosure

10.6.1 Clean Enclosure (interior & exterior), remove rust, and apply anti rust and spot paint with same color.

10.6.2 Check for water leaks and seal. 10.6.3 Check and clean bus.

10.7 138 KV Lightning Arrestor and Surge Capacitors

10.7.1 Clean, Check and Doble Test 10.8 138 KV Coupling Capacitors

10.8.1 Clean, Check and Doble Test 10.9 4160 Volts Lightning Arrester and Surge Capacitors

10.9.1 Clean, Check and Doble Test. 10.10 Air Circuit Breakers

10.10.1 Visual inspection of operating mechanism, bushings, loose connections, lubrication, insulation inspection and defects in contact.

10.10.2 Check breaker operation (open/close). 10.10.3 Measure contact resistance and stub connection resistance (DLRO test). 10.10.4 Clean, sweep and vacuum internal and external of cubicles. 10.10.5 Check cubicle shutters for proper operation. 10.10.6 Lubricate door hinges. 10.10.7 Inspect cubicle for sign of binding, wear or damage. 10.10.8 Perform minimum trip voltage test. 10.10.9 Operate breaker mechanically and electrically to verify proper operation. 10.10.10 Clean bus stubs and apply contact grease. 10.10.11 Record number of operations and compare against manufacturer’s replacement schedule. 10.10.12 Visual inspection of bus insulation, bushing, water leaks and heater operation. 10.10.13 Clean bus, insulating members and structural components. 10.10.14 Torque bus joints and connections. 10.10.15 Check rusting both internal and external of cubicles, remove rust, and apply anti-rust and

spot paint. 10.10.16 Clean thoroughly all accessories equipment, terminals; tighten loose bolts in the low voltage

compartment. Lubricate as required. 10.11 Power Factor Correction Capacitors

10.11.1 Check, clean, wipe dirt and dust, remove rust, apply anti rust and spot paint, interior and exterior of enclosure.

10.11.2 Doble Test ground insulation.

10.12 Multilin 269 Plus, Multilin Power Quality Meter (PQM), and other electronic Relays

10.12.1 Inspect for mechanical damage, weak, tighten loose connection, clean dirt and dust, clean corroded contacts apply approved lubricant.

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10.12.2 Check correct operation of protective system. 10.12.3 Change relay set points to values which shall initiate trips and alarms during normal

operation. 10.12.4 Changed set points should be returned to their proper values when tests have been

completed. 10.13 Protective Relays

10.13.1 Inspect the cover for broken glass and a tight gasket seal. 10.13.2 Replace broken glass and gasket if necessary. Glass must be tight and should be cleaned. 10.13.3 Inspect the relay case for dirt, foreign material, filings and other contamination. 10.13.4 Blowout relay case with low-pressure dry air or a bulb syringe. Check all accessible

hardware for tightness and stripped threads. Also check the connection inside the case for continuity.

10.13.5 Remove any rust or filings from the disc and magnet poles with a magnet cleaner or brush. 10.13.6 Inspect the relay for friction; its disc should not be warped or bent. 10.13.7 Inspect for evidence of moisture or rust on iron parts and corrosion or discoloration on brass

or aluminum. 10.13.8 Check all connection in the relay for tightness; especially taps. Also, check the hardware

holding the relay element in its frame. 10.13.9 Bearings should be cleaned and inspected Pivots should be straight and clean. Replace

cracked jewels and bent pivots. 10.13.10 Relay contacts must be clean and tight. 10.13.11 Burned or pitted contacts should be cleaned with a burnishing tool or a contact file. 10.13.12 Electrically test relays for pick-up and timed operation to verify settings correspond to

coordination study curves. 10.14 5 KV Switches and Air/Load Break

10.14.1 Visual inspection to verify blade is centered on contacts, contacts are not pitted, blade is firm against the stop, full open position is satisfactory, tightness of bolts and operating handle works freely.

10.14.2 Clean entire switch using approved methods and materials. 10.14.3 Lubricate moving parts. 10.14.4 Test all electrical and mechanical interlock system for proper operation and sequencing. 10.14.5 Check tightness of bolted connections and/or cable connection by calibrated torque wrench

method in accordance with manufacturer’s published data. 10.14.6 Clean thoroughly all accessories equipment, terminals; tighten loose bolts in the low voltage

compartment. Lubricate as required. 10.15 RESERVED 10.16 2.4 KV and 4.16 KV Switchgear, Motor Controller and Motor Control Centers

10.16.1 Isolate and remove starter from cubicle. 10.16.2 Cubicle Inspection/maintenance. 10.16.3 Perform voltage test on exposed wire terminals and stabs for presence of voltage. 10.16.4 Vacuum and/ or wipe dirt and dust from enclosure. 10.16.5 Inspect bus stabs, cubicle latches, interlocks, rollers and racking mechanism. 10.16.6 Clean thoroughly all buses, accessories, equipment, terminals, tighten loose bolts in the low

voltage compartment. 10.16.7 Lubricate as required. 10.16.8 Perform thorough visual inspection of the starters.

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10.16.9 Check phase barriers, arc chutes and contacts of the starters. 10.16.10 Check fuses and fuse clips. 10.16.11 Clean starter frame and mechanism. 10.16.12 Measure contact resistance. 10.16.13 Test starter operation. 10.16.14 Perform minimum volts to trip control coil test and record.

10.17 Metal Enclosed Busways

10.17.1 Clean and inspect busways for physical damage and evidence of corona. 10.17.2 Inspect for appropriate bracing, suspension, alignment and enclosure ground. 10.17.3 Inspect all bolted electrical connection for high resistance using low-resistance ohmmeter. 10.17.4 Inspect and clean all ventilating openings. 10.17.5 Clean, wipe dirt and dust, remove rust, apply anti rust and spot paint, interior and exterior of

enclosure. 10.17.6 Measure insulation resistance of each busway, phase to phase, and phase to ground for

one minute in accordance with NETA table 10.1. 10.17.7 Verify operation of busway heaters.

10.18 Out Door Transformers Oil Type 4.16 KV-277/480 V 3 Phase and 12.47 KV-2400 V

10.18.1 Clean transformer, accessories, bushing, cable compartment, switches compartment, remove rust and spot paint with the same color.

10.18.2 Doble test transformer bushings and winding. 10.18.3 Power factor, moisture content, interfacial tension dielectric breakdown, color, dielectric,

DGA and acid test of oil. 10.19 Metering and Instrumentation

10.19.1 Examine devices for mechanical or electrical damage and wire connection tightness. 10.19.2 Check condition of meter face and face gaskets, replace if necessary. 10.19.3 Check calibration of all meter at five points using full-scale test instruments. 10.19.4 Calibrate watt-hour meters to one-half percent (.5%). 10.19.5 Verify all instrument multipliers. 10.19.6 Inspect meter selector switches for proper operation and tighten connections. 10.19.7 Clean, remove dirt and dust, and lubricate as required.

10.20 4160 Volts Feeder Termination (G & W Potheads 3-conductors) And Enclosures

10.20.1 Check, clean, remove rust, apply anti rust and spot paint interior & exterior of enclosure. 10.20.2 Perform Hot-Collar Tests.

10.21 Main breaker Switches, Auto-Manual Transfer Switches, Lock Out Relay 86 Start/Stop/Emergency

Switches, Stop/Start Switches, HOA Switches and Shunt Trip

10.21.1 Clean, wipe dirt and dust, lubricate if necessary. 10.21.2 Inspect switches for proper operation. 10.21.3 Tighten loose termination.

11.0 INFRARED INSPECTION (APPLICABLE FOR DWO AND WWO LOCATIONS) 11.1 RESERVED

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11.2 The Contractor shall, upon written request from UDR, perform infrared inspection of the equipment at Drinking Water Production Operations and/or Wastewater Operations, using a radiometric infrared camera.

11.3 The Technician shall be certified Level II, or higher, SNT-TC-1A of the American Society for Non-

destructive Testing (ASNT). 11.4 The Contractor shall submit a report of the survey to the UDR within fifteen (15) days after completion

of the survey. This report shall be submitted as a printed copy plus an electronic copy. 11.5 The report shall include copies of the pictures of the equipment and /or components as well as

diagnostic commentaries and recommendations and shall include:

11.5.1 Date and time of inspections. 11.5.2 Areas inspected. 11.5.3 Load and ambient conditions at time of inspection. 11.5.4 Temperature difference between the area of concern and the reference area. 11.5.5 Cause of temperature difference. 11.5.6 Copies of inspection results of the areas that require corrective actions and/or further

investigation. 11.5.7 Identify and report the areas and/or equipment that were inaccessible and/or unobservable. 11.5.8 Recommendations similar to the temperature benchmarks of MTS-2001 (see page 177,

Table 10.18). 11.6 The imaging equipment shall be capable of detecting a minimum temperature difference of 1 degree

Celsius, at 30 degrees Celsius. 11.7 Infrared inspections shall be performed during periods of maximum possible loading but not less than

40 percent of rated load of the electrical equipment being inspected. Refer to ANSI/NFPA 70B, Section 18-16 (Infrared Inspection).

12.0 PROTECTION AND COORDINATION AND OTHER STUDIES OF POWER SYSTEMS

12.1 The Contractor shall, upon written request from UDR, perform Protection and Coordination and other

studies of power system at a facility. The analysis and study shall be in accordance with the latest edition of the electrical codes applicable to the work performed. Upon request the Contractor will perform an Arc-Flash study on equipment covered by this contract and install signage indicating the Cal-Rating, Approach Boundaries and Required Personal Protective Equipment (PPE) for each piece of equipment, according to NFPA 70E.

12.2 The Contractor and/or the SubContractor’s State licensed engineer shall perform the work and seal the

final report. The engineer shall lead and may use other qualified persons to complete the work. 12.3 The studies may include part or all of the following:

12.3.1 Plant electrical power system survey and documentation. 12.3.2 Load flow and power factor correction. 12.3.3 Harmonic analysis, harmonic filtering, and filter design. 12.3.4 Grounding evaluation and measurements. 12.3.5 Motor starting evaluation. 12.3.6 Short circuit and device evaluation. 12.3.7 Protections from overload and short circuit.

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12.3.8 Protective relay coordination. 12.4 The Contractor shall use Power Tools for Windows software version 3.8.10 or higher by SKM System

Analysis for computer modeling of the power system for short circuit study and system coordination. 12.5 The Contractor shall furnish the City a written report of the work performed which shall include all

relevant information about the system, phase currents as well as sequence currents, and recommendations. Also, the report shall include all settings for any metering devices that are included in the switchgear, motor, control centers, soft-starters, transformers, etc.

12.6 The Contractor shall furnish the City an electronic copy of the computer-generated system one- line

diagram clearly identifying individual equipment buses, the bus numbers, the device numbers, and the maximum available short-circuit current at each bus which shall include short- circuit current motor current contribution.

12.7 The Contractor shall furnish City six (6) bound copies of the completed protective device time– current

coordination analysis. No more than two devices upstream or downstream of the point of interest shall be shown on a single log-log plot.

12.8 The Contractor shall call to the attention of the UDR any inadequacies and shall include

recommendations for improvements.

12.9 The Contractor shall upon written request from the UDR provide and install energy monitoring (watt-hour meter) to monitor power consumption on Main Service Feeders, Switchgear or Motor Control Centers. These meters shall be calibrated to one-half percent (.5%).

13.0 STANDARD RESPONSE TIMES 13.1 Contractor shall be accessible to the City via telephone during normal business hours. The Contractor

shall be ready to start work on any unit within twenty-four (24) hours of receiving the call for the service. 13.2 Contractor shall be available and accessible to the City via telephone to work overtime if requested by

the UDR. 13.3 Contractor shall be available and accessible to the City via telephone to work emergency if requested

by the UDR. 13.4 Contractor shall start an emergency job immediately, without scheduling delays, and shall not be

restricted to normal working hours. UDR shall coordinate the emergency and overtime work.

14.0 SERVICE and REPAIR TECHNICIANS 14.1 The technicians performing these electrical tests, inspections, and repairs shall be by education,

training, and experience, be well-rounded in all aspects of electrical maintenance. They shall be trained and experienced concerning the apparatus and systems being evaluated. These individuals shall be capable of conducting the tests in a safe manner and with complete knowledge of the hazards involved.

14.2 The technicians shall be certified in accordance with ANSI/NETA, ETT-2000, Standard for Certification

of Electrical Testing Personnel. 14.3 The qualified persons (i.e. electrical safety qualified) shall meet the requirements of NFPA 70E- 1995,

Part II, Chapter 2.

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14.4 Each on-site crew leader, Senior Technician, shall hold a current Level IV certification (in accordance

with ANSI/NETA, ETT-2000, Standard for Certification of Electrical Testing Personnel) in electrical testing.

14.5 The Protection and Coordination of Power Systems and Arc Flash Studies work shall be carried out by

and under supervision of a State of Texas Professional Engineer. 14.6 The technicians of the Contractor shall have a minimum of three (3) years of work experience with the

equipment specified in this contract 14.7 The Contractor shall furnish the resume of the technicians to the City Inspection Team during the

Team’s visit of the Contractor’s facility. 14.8 These requirements shall apply to all of the sub-Contractors who work for the Contractor. 14.9 Proof of qualifications and certifications may be required by the UDR/CTR as needed. 15.0 ACCEPTANCE OF ELECTRICAL PREVENTIVE MAINTENANCE AND/OR REPAIR WORK 15.1 The Contractor shall ensure that test of equipment that have undergone Maintenance and/or Repair

work meet the acceptance standards set by MTS-2001 and NFPA 70-B-1998. 15.2 The Contractor shall ensure communication has been established with the UDR when witnessing of

any performance test is required. 15.3 If deficiencies are detected, the repair work shall be rejected, and the Contractor shall make the

necessary repairs, adjustments or replacements. 15.4 A typed copy of Shop’s Final Test Sheets covering the results of any specific test shall be included with

the shipment of all repaired testing and inspection of any and all repaired units. All units must be run at their highest rated voltage.

15.5 A typed copy of Repair Data Sheets covering results of specific tests and measurements shall be

included with the shipment of all repaired equipment, if requested by UDR. 15.6 The City shall not make payment to the Contractor until ALL corrective actions are made and the

equipment maintenance and/or repair are accepted. 16.0 SILENCE OF SPECIFICATIONS 16.1 The apparent silence of these specifications as to any detail, or apparent omission from it of a detailed

description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of these specifications shall be made on the basis of this statement.

17.0 LABOR RATE 17.1 The labor rate shall cover ALL costs for a qualified person to perform any of the functions in this

document and shall include wages, all company benefits, and company profits. The function is, but not limited to, preventive maintenance, repair, infrared inspection, arc flash studies, power quality, protection and coordination work of the City equipment.

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18.0 ADDITIONAL SERVICES 18.1 WITHIN THE GENERAL SCOPE OF THIS CONTRACT, ADDITIONAL WORK/REPAIR SERVICES

MAY BE REQUIRED TO REPAIR OR REPLACE EQUIPMENT NOT OTHERWISE COVERED IN THE BASIC SERVICES OF THIS CONTRACT IN ORDER TO BRING EQUIPMENT TO ACCEPTABLE CODE AND WORKING CONDITIONS.

18.2 Prior to commencement of any Additional Services,” Contractor shall submit a written proposal for

approval by UDR describing the work to be done and include a good faith estimate of the cost. The proposal shall include as a minimum a list of repairs, sub-Contractor(s), and a schedule of the repairs.

18.3 Contractor shall perform Additional Services using the unit rates in the “Bid Forms” as specified for the

type of service provided. If the “Bid Forms” do not cover the work the Contractor shall be paid on a cost reimbursable basis, based on actual time, materials, parts and subContractor labor required to complete the work. Timing of any Additional Services shall be mutually agreed upon in writing between the UDR and the Contractor. If during the execution of the Additional Work/Services the Contractor determines that the good faith estimate will be exceeded, the Contractor must immediately stop work and discuss and receive written approval for additional costs from the Director or Designee.

19.0 WARRANTIES 19.1 Contractor shall observe the highest standards of diligence and care in the performance of repair

services and shall meticulously follow the standards and procedures required by the equipment manufacturer.

19.2 The Contractor further warrants that all service and replacement parts it provides shall be in strict

compliance with all applicable regulations. 19.3 A minimum full warranty of 12 months is required upon completion of repair services. The warranty

period shall begin after satisfactory test run and the day the City officially accepts the repaired unit. 19.4 During the warranty period ALL related work shall be started by Contractor within twenty-four (24) hours

after notification and shall be completed within ten (10) days. 19.5 During the warranty period ALL failed units shall be re-repaired or replaced at Contractor’s expense if

failure occurs under normal operating conditions or if the failure is due to faulty parts or negligence of the Contractor. A new one-year warranty shall become effective upon completion and after acceptance of the warranty repair.

20.0 INVOICES

20.1 Contractor shall submit one original invoice for payment that are on Contractor’s company stationary

with the original signed by an authorized agent of the company. The invoice number shall not be duplicated during the term of the contract periods. Each invoice submitted by the Contractor shall detail the following information:

20.1.1 City Contract number and Contractor’s Job Number. 20.1.2 Contractor’s Job Number shall appear clearly on all time sheets, invoices, and suppliers’

invoices. 20.1.3 Contractor’s name and address and where the service was performed. 20.1.4 City equipment EI Number, and City Work Order Number. 20.1.5 City Facility Number and address where equipment had been prior to service.

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20.1.6 Detailed description of services rendered. 20.1.7 Description of Parts or components repaired or replaced. Provide Part Numbers, listing

before and after discount. If parts are reconditioned, the costs to recondition parts must be listed.

20.1.8 SubContractors’ invoices with detail description of work performed, hours, and cost. 20.1.9 Labor hours and rates, technician’s name and technical level. 20.1.10 City delivery and pickup tickets 20.1.11 UL re-certification for explosion-proof units 20.1.12 Subtotal costs for parts and labor separately. 20.1.13 Total invoice costs. 20.1.14 All unit prices for labor and parts shall be easily identified against the quoted contract

pricing.

20.2 Mail invoices to Accounts Payable:

20.2.1 COH HOUSTON PUBLIC WORKS FIN, BUSINESS OFFICE, ACCOUNTS PAYABLE SERVICE CONTRACTS P.O. Box 3685 HOUSTON, TX 77251-3685 E- mail: finaccountspayable@houstontx.gov

21.0 ADDITIONS & DELETIONS: 21.1 The City, by written notice from the City Purchasing Agent to the Contractor, at any time during the

term of this contract, may add or delete like or similar equipment, supplies, locations and/or services to the list of equipment, supplies, locations, and/or services to be provided. Any such written notice shall take effect on the date stated in the notice from the City. Similar equipment, supplies, services, or locations added to the contract shall be in accordance with the contract specification/scope of services, and the charges or rates for items added shall be the same as specified in the fee schedule. In the event that the additional equipment, supplies, locations and/or services are not identical to the item(s) already under contract, the charges therefore will then be the Contractor’s normal and customary charges or rates for the equipment, supplies, locations and/or services classified in the fee schedule.

22.0 ESTIMATED QUANTITIES NOT GUARANTEED: 22.1 The estimated quantities specified herein are not a guarantee of actual quantities, as the City does

not guarantee any particular quantity of services during the term of this Contract. The quantities may vary depending upon the actual needs of the Department. The quantities specified herein are good faith estimates of usage during the term of this Contract. Therefore, the City shall not be liable for any contractual agreements/obligations the Contractor enters into based on the City purchasing all the quantities specified herein.

23.0 INTERLOCAL AGREEMENT: 23.1 Under the same terms and conditions hereunder, the Contract may be expanded to other government

entities through inter-local agreements between the City of Houston and the respective government entity that encompass all or part of the products/services provided under this contract. Separate contracts will be drawn to reflect the needs of each participating entity.

24.0 WARRANTY OF SERVICES:

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24.1 Definitions: “Acceptance” as used in this clause, means the act of an authorized representative of the

City by which the City assumes for itself, approval of specific services, as partial or complete performance of the Contract.

24.2 “Correction” as used in this clause, means the elimination of a defect. 24.3 Notwithstanding inspection and acceptance by the City or any provision concerning the conclusiveness

thereof, the Contractor warrants that all services performed under this Contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this Contract. The City shall give written notice of any defect or nonconformance to the Contractor within a one-year period from the date of acceptance by the City. This notice shall state either (1) that the Contractor shall correct or re-perform any defective or non-conforming services at no additional cost to the City, or (2) that the City does not require correction or re-performance.

24.4 If the Contractor is required to correct or re-perform, it shall be at no cost to the City, and any services

corrected or re-performed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or re-perform, the City may, by contract or otherwise correct or replace with similar services and charge to the Contractor the cost occasioned to the City thereby or make an equitable adjustment in the Contract price.

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EXHIBIT – BB1

LOCATION/EQUIPMENT LIST

Wastewater Operations (WWO) Facilities, Frequencies, and Equipment List for Preventive Maintenance

Location: 69th Street WWTP: 2525 Sargent Macario Garcia

Frequency: Monthly and Annually

Equipment list:

Main 138 KV Substation Outdoor: a) 2 (two) – 46,7 MVA, 138kV/12.4 kV transformers ONAN/ONAF/OFAF/OFAF b) 2 (two) Neutral Grounding Resistors c) 4 (four) – SF6 breakers d) 12 (twelve) air switches e) 2 (two) capacitor banks f) Yard lightning system g) Yard lighting system h) 1 (one) 125 VDC battery system i) 6 (six) current transformers j) 6 (six) surge arresters k) 4 (four) control power transformers l) Substation structures m) Yard perimeter weed control

Main 15 kV Substation Indoor 138 Building: a) 54 (fifty-four) cubicles and busses b) 19 (nineteen) breakers c) 37 (thirty-seven) + relays (Schweitzer) d) 96 (ninety-six) current transformers e) 2 (two) voltage transformers f) 2 (two) control power transformers g) 22 (twenty-two) power meters h) 2 (two) circuit control monitors i) 2 (two) circuit breaker lockouts

15 kV SF6 Distribution Outdoor: a) 14 (fourteen) 15kV distribution centers (G&W made) b) 86 (eighty-six) SF6 interrupters with disconnect switches c) 41 protection relays (Schweitzer) d) 13 (thirteen) protection relays (G&W)

15 /0.48 kV Distribution equipment for Treatment Plant (Pump Stations 3-11, Digester Blowers, NPW): a) 25 (twenty-five) 15/0.48 kV power centers b) 2 (two) 15/2.4 kV 1000 kVA transformers ONAN c) 2 (two) 15/0.48 kV 1000 kVA transformers ONAN d) 16 (sixteen) 15/0.48 kV 1500 kVA transformers ONAN e) 3 (three) 15/2.4 kV 3750 kVA transformers ONAN

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f) 2 (two) 2.4/0.48 kV 50 kVA transformers, dry, AN

15kV/0.48 kV Distribution equipment for Sludge Plant Outdoor: a) 12 (twelve) 15 kV/480kV power centers b) 12 (twelve) 15kV air switches c) 12 (twelve) 15 kV/0.48 kV, 2000 kVA ONAN d) 12 (twelve) electro-mechanical directional relays e) 12 (twelve) 51 electro-mechanical relays f) 12 (twelve) 51G electro-mechanical relays g) 12 (twelve) voltage meters h) 12 (twelve) ampere meters

15 KV Oxygen Plant Outdoor: a) 1 (one) 15/2.4 kV, 5000 kVA transformer ONAN b) 1 (one) 15/2.4 kV, 3750 kVA transformer ONAN c) 2 (two) 15 kV outdoor buses d) 2 (two) 15/0.48 kV, 2000 kVA transformer ONAN e) 2 (two) 15 kV, 600 A air switches f) 2 (two) electromechanical directional relays

2.4 kV Oxygen Plant Indoor Switchgear: a) 13 (thirteen) 5 kV panels and busses b) 6 (six) circuit breakers c) 9 (nine) electromagnetic protection relays 51/50 d) 3 (three) electromagnetic protection relays 51N e) 36 (thirty-six) current transformers f) 3 (three) zero sequence transformers g) 6 (six) voltage transformers h) 2 (two) control power transformers

Main Lift Station Indoor Switchgear: a) 3 (three) 2.4 kV buses b) 28 (twenty-eight) panels c) 6 (six) vacuum breakers d) 6 (six) feeder protection relays (Square D) e) 7 (seven) vacuum starters f) 7 (seven) motor protection relays M 369 g) Lots – switches h) Lots – ampere and volt meters

15 kV NPW Indoor Switchgear: a) 2 (two) 15 kV air switches

NPW indoor 2.4 kV NPW Indoor Switchgear: a) 12 (twelve) panels and busses b) 3 (three) 2.4 kV 1200 A, Vacuum bottles circuit breakers c) 6 (six) vacuum motor starters d) 3 (three) protection relays M 750 e) 4 (four) protection relays M 369 f) 2 (two) control power transformers g) 12 (twelve) current transformers h) 6 (six) voltage transformers

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2.4 kV 8 (eight) Digester Blowers, Outdoor, Standalone, Motor Starters Location: Almeda Sims – 12319 ½ Almeda Road Frequency: 1st Year, 3rd Year, and 5th Option Year of the contract Equipment list: 15 kV Sludge Plant Indoor Switchgear:

a) 15 (fifteen) panels and buses b) 13 (thirteen) air switches c) 2 (two) metering circuits d) 6 (six) current transformers e) 2 (two) voltage transformers

2.4 kV Main Electrical Building Indoor Switchgear: a) 14 (fourteen) panels and busses b) 2 (two) vacuum 1200 AF main circuit breakers c) 12 (twelve) air switches d) 2 (two) feeder protection relays (GE) e) 6 (six) current transformers f) 2 (two) zero sequence transformers g) 2(two) voltage transformers

2.4 kV 6 (six) Blower Motor Starters Standalone Panels, Indoor 2.4 kV East Lift Station Outdoor Switchgear:

a) 4 (four panels) b) 3 (three) air switches

West Lift Station Indoor 2.4 kV Switchgear: a) 6 (six) panels b) 4 (four) air switches

8.2.6 Distribution Transformers a) 12 (twelve) 12.4/0.48 kV 1500 kVA transformers, ONAN b) 2 (two) 12.4/0.48 kV 300 KVA transformers, ONAN

Location: South West – 4211 Beechnut Frequency: 2nd Year and 4th Option Year of contract Equipment: Main Distribution 2.4 kV Switchgear Outdoor:

a) Bus A 2.4 kV Distribution: i. 11 panels ii. 1 (one) Main Circuit breaker iii. 8 (eight) air switches iv. 1 (one) capacitor bank

b) Bus B 2.4 kV Distribution

i. 11 panels ii. 1 (one) Main Circuit breaker iii. 8 (eight) air switches iv. 1 (one) capacitor bank

Power Centers 2.4 /0.48 kV Distribution Outdoor: a) 14 (fourteen) air switches b) 14 (fourteen) 2.4/0.48 kV 2000 kVA transformers, ONAN/ONAN

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Old Blower Building 2.4 MCC Indoor: a) 0ne (one) 2.4/0.48 kV 750 kVA transformer ONAN b) 2 (two) main air switches c) 16 (sixteen) panels,2.4 MCC d) 3 (three) motor starters e) 3 (three) motor protection relays M 369 f) 2 (two) feeder protection relays

New Blower Building 2.4 MCC Indoor: a) One 2.4/0.48 kV 750 kVA transformer ONAN b) 10 (ten) panels c) 3 (three) vacuum motor starters d) 3 (three) protection relays M 369

Location: Sims North WWTP – 9500 Lawndale Frequency: Once per Contract Equipment List: Main 15 kV Distribution Switchgear Indoor:

a) 16 (sixteen) panels and busses b) 8 (eight) feeder vacuum circuit breakers c) 42 (forty-two) electromagnetic relays 50/51 d) 14 (fourteen) electromagnetic relays 51 G e) 2 (two) electromagnetic relays 27/27 f) Lots – switches g) Lot – ampere and volt meters

Plant 2.4 kV Distribution Outdoor: a) 7 (seven) panels and busses b) 2 (two) air switches c) 1 (one) manual transfer switch oil filled

Blower 4.16 kV MCC: a) 20 (twenty) panels and buses b) 4 (four) soft starters c) 4 (four) feeder protection relays M750 d) Lots – Current and voltage transformers e) 2 (two) 48VDC control power battery systems

Effluent 15/0.48 kV Power Centers Outdoor: a) 2 (two) air switches b) 2 (two) 12.4/0.48 kV transformers, ONAN

Sludge Plant 15/0.48 kV Power Centers Outdoor: a) 2 (two) air switches b) 2 (two) 12.4/0.48 kV 2500 kVA transformers, ONAN/ONAN

Distribution Transformers: a) 1 (one) 2.4/0/48 kV 1000 KVA treatment plant transformer, ONAN b) 1 (one) 2.4/0.48 300 kVA transformer, dry type AN

Location: Sims South – 3100 Galveston Road Frequency: Once per Contract Equipment:

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E1 Building Main 15 kV Distribution Switchgear: a) 9 (nine) panels and buses b) 8 (eight) vacuum breakers c) 24 (twenty-four) electro-mechanic relays 50/51 d) 8 (eight) electro-mechanic relays 51G e) 2 (two) control power transformers f) Lots – current transformers g) Lots – zero sequence transformers h) Lots – voltage transformers i) Lots- switches j) Lots – ampere and volt meters

Blower Building 4.16 kV MCC: a) 12 (twelve) panels and busses b) 6 (six) vacuum contactors c) 2 (two) air switches d) 44 (forty-four) electro-mechanic relays 46, 50, 50/51, 501G, 87

Distribution Transformers: a) 2 (two) 12.4/4.16 kV 5000 kVA transformers, ONAN b) 2 (two) 12.4/0.48 kV 1000 kVA transformers, ONAN c) 2 (two) 12.4/0.48 kV 750 transformers, ONAN d) 2 (two) 4.16/0.48 kV 500 transformers, ONAN

Location: Upper Braes – 13525 West Houston Center Blvd Frequency: Once per contract Equipment: Plant Electrical Building:

a) 6 (six) 4.16 kV panels and busses b) 6 (six) 480V panels and buses c) 2 (two) feeder protection relays M750 d) 1 (one) 48 VDC battery control power e) 1 (one) 4.16 kV vacuum breaker f) 1 (one) 480V breaker g) 1 (one) power meter h) Lot – current transformers, voltage transformers

Blower Building 4.16 kV Switchgear Indoor: a) 24 (twenty-four) panels b) 1 (one) metering panel c) 1 (one) main air switch d) 1 (one) feeder air switch e) 8 (eight) vacuum starters f) 8 (eight) motor protection relays, M369

Lift Station Electrical Building: a) 2 (two) 4.16 kV panels and busses b) 2 (two) 480V panels and buses c) 2 (two) feeder protection relays M750 d) 1 (one) 48 VDC battery control power e) 1 (one) 4.16 kV vacuum breaker

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f) 1 (one) 480V breaker g) 1 (one) power meter h) Lot – current transformers, voltage transformers

Lift Station 4.16 kV Switchgear Indoor: a) 12 (twelve) panels and busses b) 6 (six) vacuum starters c) 6 (six) motor protection relays, M 269 / M369 d) 1 (one) air switch

1 (one) 4.16/0.48 kV 1000 kVA Distribution Transformer ONAN Location: West District – 255 Isolde Drive Frequency: Once per contract Equipment: Electrical Building:

a) 6 (six) 4.16 kV panels and busses b) 6 (six) 480V panels and buses c) 2 (two) feeder protection relays M750 d) 1 (one) 48 VDC battery control power e) 1 (one) 4.16 kV vacuum breaker f) 1 (one) 480V breaker g) 1 (one) power meter h) Lot – current transformers, voltage transformers

Blower Building #2 4.16 kV MCC: a) 4 (four) 4.16 kV panels and buses b) 2 (two) vacuum starters c) 2 (two) protection relays M269, M369

Blower Building #4 4.16 kV MCC: a) 8 (eight) panels and buses b) 4 (four) vacuum starters c) 4 (four) protection relays M 269, M 369 d) Lot – current transformers, voltage transformers and control power transformer

Location: Turkey Creek – 1147 Enclave Parkway Frequency: Once per contract Equipment: Blower Building 4.16 kV MCC Indoor:

a) 12 (twelve) panels and buses b) 1 (one) main air switch c) 2 (two) feeder air switches d) 5 (five) vacuum starters e) 2 (two) soft starters f) 7 (seven) protection relays M 369 g) Lot – current transformers, voltage transformers and control power transformer

2 (Two) 4.16/0.48 kV 750 kVA Transformers ONAN Location: 8.9 WWCID 111 – 10601Huntington Point Frequency: Once per contract

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Equipment: Distribution Switchgear 15 kV Indoors

a) 6 (six) panels b) 1 (one) main air switch c) 5 (five) feeder air switches d) Lot – switches and meters

Blower MCC 4.16 kV Indoor: a) 12 (twelve) panels b) 1 (one) main air switch c) 5 (five) vacuum starters d) 5 (five) protection relays M169/M369/M239

Distribution transformers: a) 1 (one) 12.4/4.16 kV 5000 KVA transformer, ONAN b) 4 (four) 12.4/0.48 kV 1000 kVA transformers, ONAN

Locaiton: Keegans Bayou – 9401 White Chapel Lane Frequency: Once per contract Equipment: Blower Building # 1 4.16 kV Switchgear A and B Indoor:

a) 10 (ten) panels and buses b) 2 (two) main air switches c) 6 (two) feeder air switches d) 2 (two) protection relays Power Logic (Square D) e) Lot – current transformers, voltage transformers and control power transformer

Blower Building #1 4.16 kV MCC A Indoor: a) 12 (twelve) panels and buses b) 1 (one) main vacuum breaker c) 2 (two) feeder air switches d) 5 (five) vacuum starters e) 4 (four) protection relays M 369 f) Lot – current transformers, voltage transformers and control power transformer

Blower Building # 2 4.16 kV MCC B Indoor: a) 20 (twenty) panels and buses b) 3 (three) main air switches c) 7 (seven) vacuum starters d) 7 (seven) protection relays M 369 e) Lot – current transformers, voltage transformers and control power transformer

2 (Two) Outdoor 4.16 kV Standalone Distribution Air Switches Distribution Transformers:

a) 2 (two) 4.16/0.48 kV 5000 kVA transformers, dry type, indoors, blower buildings 1 and 2

b) 4 (four) 4.16/0.48 kV 1000 kVA transformers, ONAN c) 1 (one) 4.16/0.48 kV 2500 kVA transformer, ONAN/ONAN with bus on LV and HV side

Location: Beltway – 10518 Bellaire Blvd Frequency: Once per contract

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Equipment: Aeration Blower Building 4.16 kV Switchgear Indoor:

a) 8 (eight) panels and buses b) 3 (three) air main switches c) 2 (two) feeder vacuum contactors d) 2 (two) Protection relays M 369 e) Lot – current transformers, voltage transformers and control power transformer

Aeration Blower Building 4.16 kV MCC Indoor: a) 12 (twelve) panels and buses b) 3 (three) Autotransformer starters c) 3 (three) protection relays M 369 d) Lot – current transformers, voltage transformers and control power transformer

Digester Blower Building 4.16 kV MCC Indoor: a) 14 (fourteen) panels and buses b) 2 (two) main air switches c) 5 (five) vacuum starters d) 5 (five) protection relays M 369 e) Lot – current transformers, voltage transformers and control power transformer

Lift Station Distribution Switchgear Outdoor: a) 1 (one) manual transfer switch b) 1 (one) 4.16/ 0.48 kV 1000 kVA transformer, ONAN

Distribution Transformers: 4 (four) 4.16/0.48 kV 750 kVA Transformers ONAN Location: Northbelt – 14506 Smith Road Frequency: Once per contract Equipment: 8.12.1 Electrical Building distribution 4.16 kV switchgear, indoor - all equipment and not limited to the following:

a) 32 (thirty-two) panels and buses b) 6 (six) vacuum breakers c) 18 (eighteen) electro-mechanical relays 50/51 d) 6 (six) electro-mechanical relays 51G e) Lot – current transformers, voltage transformers f) 6 (six) zero sequence current transformers

Blower Motor 4.16 kV Starters: a) 6 (six) individual panels b) 6 (six) protection relays M 369 c) Lot – current transformers, voltage transformers, zero sequence transformers

Distribution Transformers: 5 (five) 4.16/0.48 kV 1000 kVA Transformers ONAN Location: Northeast – 655 Maxey Road Frequency: Once per contract Equipment:

Blower Building 2.4 kV Switchgear: a) 20 (twenty) panels and buses

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b) 5 (five) autotransformer starters c) 2 (two) feeder vacuum contactors d) 8 (eight) protection relays, M 869 e) Lot – current transformers, voltage transformers and control power transformers f) Lot – switches

2 (two) 2.4/0.48 kV 750 kVA distribution transformers, dry type, indoor Location: Northwest – 5423 Mangum Road Frequency: Once per contract Equipment: 2.4 kV Distribution Switchgear Outdoor:

a) 6 (six) panels b) 5 (five) air switches c) 1 (one) 2.4/0.48 kV 2400 KVA transformer ONAN

Blower Building 2.4 kV Switchgear Indoor: a) 6 (six) panels b) 3 (three) air switches c) Lot – switches and meters

Blower 2.4 kV MCC Indoor: a) 8 (eight) panels b) 3 (three) vacuum starters c) Lot- switches and meters

3 (three) Blower 2.4 kV Standalone Vacuum Starters with M 369 Protection Relays Lift Station and Odor Control 2.4 kV Switchgear Outdoor:

a) 2 (two) panels b) 2 (two) air switches c) 1 (one) 2.4/0.48 kV, 1000 kVA transformer, ONAN

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Exhibit BB2 LOCATION/EQUIPMENT LIST

The City’s Drinking Water Operations equipment and accessories covered by this contract are located at the following facilities:

1.0 Plant 1, 2, & 3: 2500 Federal Road

1.1. Main Substation Outdoor Equipment:

All equipment and accessories are not limited to the following:

a) 2 - 25/33/42 MVA OA/FA/FA Transformers. b) 4 - 138 KV Oil Circuit Breakers. c) 6 - 138 KV Potential Transformers. d) 12 - 138 KV Air Isolation Switches. e) 18 - 138 KV Lightning Arresters. f) 6 - 138 KV Reactors. g) 2 - 2000 amp frequency wave traps (coupling capacitors) h) 1 - Yard lighting system I) 1 - Lightning protection system j) 1 - grounding system k) 2 - 200 amp resistors grounding l) 1 - substation structures

1.2 Main Substation Indoor Equipment:

All equipment and accessories are not limited to the following:

a) 49 - Cubicles & Buses b) 31 - Medium Voltage Circuit breakers c) 12 - 50/51 Protective Relays d) 4 - 50 G Protective Relays e) 2 - 86 Lock Out Relays f) 6 - 67 Protective Relays g) 2 - 67N Protective Relays h) 32 - SC -1 Current Relay (Gnd) i) 6 - CO-7 Ground Protective Relays j) 117 - CO-9 Protective Relays k) 41 - Breaker Trip Switches l) 4 - Voltmeter and Voltmeter Switch. m) 41 - Ammeter and Ammeter Switch. n) 16 - DS -63 Kilowatt Hour Meter o) 12 - 6 KV Lightning Arrester p) 12 - Surge Capacitor q) 10 - Potential Transformers 2400V-120V r) 179 - Current Transformers ( different sizes ) s) 1 - Substation Battery Bank t) 2 - Main Incoming Bus Ducts u) 2 - 1000 KVAC Capacitor Bank v) 2- Plant 1 & 2, Feeder Termination ( G & W Potheads 3-conductors) and Enclosures. w) 1 - Rectifier/charger

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1.3 Distribution Motor Controller ( P 401, P 402, P 403, P 404, P 405, P 406, & P 407 ) All equipment and accessories are not limited to the following:

a) 7 – 269 Plus Multilin b) 9 – 87 Differential relays c) 6 – SPM Relays d) AC Voltmeter e) AC Ammeter f) 7- Starter/Contactor g) 6- Basler: Manual voltage control h) 6- Basler: SCP- 250- 60 i) 6- Basler: RA-70p-DV8 j) lots- HOA, Stop/Start, resistors, relays, contactors, etc.

1.4 Plant 3, BSGR Transfer Pumps

All equipment and accessories at BSGR Switchgear are not limited to the following:

a) 12 – Cubicles & Buses b) 2 – Fuse Disconnect Switches 3 – Disconnect Switches c) 6 – 269 Plus Relays Multilin d) 1 – 369 Relay Multilin 6-CP relays e) lots- HOA, stop/start, indicating lights, etc.

1.5 Plant 1 & 2, Intertie Switchgear, Main

All equipment and accessories are not limited to the following:

a) 8 - Cubicles & Buses b) 6 - 67 Protective Relay ( West CR-7 ) c) 2 - 67N Protective Relay ( West CRP-7 ) d) 6 - 27/47 Protective Relay ( Basler) e) 2 - 59 Protective Relay (West CV-8 ) f) 6 - 87 Differential Relay ( West CA-16 ) g) 6 - 50/51 Protective Relay ( West CO-7 ) h) 2 - 51N Protective Relay ( West CO-7) i) 2 - Voltmeter and Voltmeter Sw j) 2 - Ammeter and Ammeter Sw k) 2 - Type D4B-2F Watt-Hour Meter l) 2 - Lock Out Relay 86 m) 3 - Main Breaker Trip Sw n) 1 - Auto-Manual Transfer Sw o) 1 - Spare Breaker Trip 1200 A p) 4 - Potential Transformers q) 22 - Current Transformers (different sizes ). r) 2-MG-6 relay s) 2-timing relay t) 3- Medium Voltage Circuit breakers u) 1- Battery Bank

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v) 1- Rectifier/charger 1.6 Motor Control Center No. 2

All equipment and accessories are not limited to the following:

a) 1 - Metal Enclosed 4.16 KV unfused Switch. b) 1 - Metal Enclosed 4.16 KV fusible Switch. c) 8 - Nema Class E2, 4.16 KV Motor Controller d) 3 - 51 Protective Relay (West CO-7 ) e) 1 - 86 Lock Out Relay f) 1 - Shunt Trip g) 9 - 50G Protective Relay (West SC-1) h) 6 - Multilin 269 plus motor protection i) 2 - GE Multilin 369 motor protection j) 2 - Ammeter & Ammeter Sw k) 4 - Start/Stop/Emergency Sw l) 1 - Stop Sw m) 3 - Start/Stop Sw n) 9 - Current Transformer Gnd o) 33 - Current Transformers (different sizes) p) 7 - Control Power Transformer (CPT) q) 1 - Voltmeter & Voltmeter SW r) 3 - Potential Transformer

1.7 Motor Control Center No. 1

All equipment and accessories are not limited to the following:

a) 1 - Metal Enclosed 4.16 KV unfused Switch. b) 1 - Metal Enclosed 4.16 KV fusible Switch. c) 6 - Nema Class E2, 4.16 KV Motor Controller d) 3 - 51 Protective Relay ( West CO-7 ) e) 1 - 86 Lock Out Relay f) 1 - Shunt Trip g) 7 - 50G Protective Relay ( West SC-1) h) 3 - Multilin 269 plus motor protection i) 2 - GE Multilin 369 Motor Protection j) 2 - Ammeter & Ammeter SW k) 3 - Start/Stop/Emergency SW l) 1 - Stop SW m) 3 - Start/Stop SW n) 7 - Current Transformer Gnd o) 27 - Current Transformers ( different sizes) p) 6 - Control Power Transformer (CPT) q) 1 - Voltmeter & Voltmeter SW r) 3 - Potential Transformer

1.8 Plant 3, Outdoor Distribution Pump Sta. And Switchgear Bldg.

a) 1 - 300 KVA Oil Substation Type Transformer 4160V-277/480V 3P 4W

41

1.9 Plant 3, Outdoor Chemical Bldg. No. 1 a) - 2000 KVA Oil Substation Type Transformer 4160V-277/480V 3P 4W

1.10 Plant 3, Outdoor Chemical Bldg. No. 2

b) 1 – 2500 KVA Oil Substation Type Transformer 4160V-277/480V 3P 4W

1.11 Plant 3, Outdoor Sludge Bldg.

b) 1 – 2000 KVA Oil Substation Type Transformer 4160V- 277/480V 3P 4W

1.12 Plant 3, Outdoor Administration Control Bldg.

b) 1 – 1000 KVA Oil Substation Type Transformer 4160V-277/480V 3P 4W

1.13 Plant 3, Chlorine Bldg.

b) 1 – 300 KVA Oil Type Transformer 4160V – 277/480V 3P 4W with Transfer Switches

1.14 Plant 1, Transfer Pumps ( B-pumps)

a) 1 – 1000 KVA Oil Type Transformer 4160V – 277/480V 3P 4W ( T-17) b) 1- 1000 KVA Oil Substation Type Transformer 4160V-277/480V 3P 4W ( T-111)

1.15 Plant 2, Transfer Pumps (B-pumps)

b) 1 – 1500 KVA Oil Type Transformer 4160V – 277/480V 3P 4W (T-16) with transfer switches

1.16 Plant 2, Backwash Transfer Pumps

b) 1 - 750 KVA Oil Type Transformer 4160V - 277/480V 3P 4W (T-18A) with transfer switches

1.17 Plant 2, Maintenance Bldg.

a) 300 KVA Oil Type Transformer 4160V - 277/480V 3P 4W ( T-18 ) with transfer switches.

1.18 Plant 1 & 2, Drainage Facility Bldg.

a) 1 - 300 KVA Oil Type Transformer 4160V - 277/480V 3P 4W

1.19 Plant 1 & 2, Process Wastewater and Sludge Recycle Pumps

a) 1-500 KVA Oil Type Transformer 4160V-277/480V 3P 4W ( T-119 )

1.20 Plant 2, Chemical Bldg. No. 2

a) 1- 750 KVA Oil Type Transformer 4160V-277/480V 3P 4W with transfer switches.

42

1.21 Plant 1, Chemical Bldg. No. 1 All equipment and accessories are not limited to the following: a) 1- 1500 KVA Oil Type Transformer 4160V-277/480V 3P 4W ( T-112) b) 1- 1500 KVA Oil Type Transformer 4160V-277/480V 3P 4W ( T-113)

2.0 Southeast Water Purification Plant, 3100 Genoa Red Bluff Road.

2.1 Main Substation Outdoor Equipment

All equipment and accessories are not limited to the following:

a) 2 - 21/28/35 MVA Transformers b) 4 - 138KV Oil Circuit Breakers c) 6 - 138KV Potential Transformers d) 10 - 138KV Air Isolation Switches e) 6 - 138KV Lightning Arresters f) 1 - Capacitor Bank

2.2 Main Substation Indoor Equipment

All equipment and accessories are not limited to the following:

a) 13 - Medium Voltage Circuit Breaker b) 8 - Medium Voltage Air Switches c) 14- Multilin 750 Protection Relays d) 2 - 112 KVA Dry Type Transformers e) Provide rental breakers for high or medium voltage equipment, when repairs are needed.

2.3 Distribution

All equipment and accessories are not limited to the following:

a) 2 – Transformers 12.47 KV / 480 Volt b) 16 – Medium Voltage Isolation Switches

2.4 Transfer Pump

All equipment and accessories are not limited to the following:

a) 5 - Ampgard Medium Voltage Starters/Breaker b) 3 - Medium Voltage Circuit Breaker c) 1 - Medium Voltage Isolation Switch e) 5 - IQ 1000 Protective Relays f) 12 - CO-11 Protective Relays g) 2 - SC Protective Relays h) 3 - CVQ Protective Relays i) 2 - JEM Kilowatt Hour Meters j) 5 - Meters k) 1 - Dry Type Transformer 4160 V / 480 V

2.5 Chemical Building

43

a) TM1– Cabinet Type Transformers b) TM2 a) 3 – 12.4KV/4.1KV 3000KVA Oil b) 2 – 12.4KV/480V 2000KVA Oil c) 11 – Medium Voltage Circuit Breakers d) 17 – Multilin 750 Protection Relays

2.6 Low Service

a) 2 - Cabinet Type Transformers 2.7 Return Flow B

a) 1 - Cabinet Type Transformer (Single Feed) 2.8 Sludge Lagoon

a) 1 - Cabinet Type Transformer (Single Feed) 2.9 Interim Process Waste

a) 2 - Cabinet Type Transformers 2.10 Service Building

All equipment and accessories are not limited to the following:

a) 2 - Cabinet Type Transformers b) 1 - Loop Switch 12.47 KV Oil

2.11 High Service Pump

All equipment and accessories are not limited to the following:

a) 2 - Cabinet Type Transformers b) 1 - Loop Switch 12.47 KV Oil c) 1 - Medium Voltage Ampgard Starter d) 8 - Medium Voltage Circuit Breaker e) 1 - IQ Data Plus Relays f) 1 - IQ 1000 Protective Relays g) 4 - CVQ Protective Relays h) 5 - Multilin 269 Protective Relays i) 10 - CA Protective Relays j) 16 - Meter k) 4 – Multilin 750 Protective Relays

3.0 Northeast Water Purification Plant, 12121 North Sam Houston PWY East

3.1 Main Substation Outdoor Equipment

All equipment and accessories are not limited to the following: a) 2 – Power Transformers, 138/12.47KV b) 4 – 138KV Circuit Breakers c) 2 – Sets of Line Terminal Equipment each with:

3 - Arresters 1 – Coupling Capacitor 3 – Potential Transformers

44

d) 1 – Set of Switchgear with: 9 – Air Circuit Breakers e) e) 40 – Protective Relays f) 2 – Transformer Relay Protection Packages

3.2 Other High and Medium Voltage Electrical Equipment/Switchgear/Protective Relays/Metering and

Indicating Meters & Instruments to be included but not limited to the following: a) Main Substation Indoor Equipment b) 7 4160V Starters Distribution Centers c) 6 Transfer Pumps d) 1 Chemical Buildings e) 7 High Service Pumps f) 2 Service Buildings MCC, UV1 & UVII g) 8 Station Service Transformers h) Raw Water MCC i) Generator and Transfer Switch for Plant Shutdown located at UV1 MCC j) Admin Switch Gear and MCC

4.0 Acres Homes Plant ( 1810 Dolly Wright –Key Map 412S NE Area )

4.1 All equipment in Main Switchgear at Generator No. 2 Building and not limited to the following.

8 – cubicles & busses 2- Panels ( 277/480V & 120/208 Volt) 2- Low voltage transformers ( secondary voltage 120/208 & 277/480V). 4- Over-current Relay Brown Boveri ( ABB) 4- Under-voltage & Phase sequence relay Brown Boveri ( ABB) 3- Main Breakers 3- Vacuum breakers ( Toshiba) 1- Air Switch Toshiba 2- Under-voltage Solid State Protective Relay, Basler 2- Frequency Relays Brown Boveri (ABB) 2- Static Voltage regulation Basler 2- Woodward load sharing/speed control Lot- Current Transformers Lot- Potential Transformers Lot – Switches (breakers, meters) 2- Lock Out Relays Lot – HOA, Start & Stop Switches Lot – Meters ( Volt, Am, PF, Dc, FM, Demand KWH) Lot- Replace the bulb of all indicating lights. Lot- accessories, terminals, relays, and contactors

4.2 All equipment at Switchgear (Toshiba) Pump bldg. No. 1 and not limited to the following:

7- cubicles & buses 1- Disconnect Switch 1200 amp 7- fuse contactors 2- 269 plus relays Multilin Transformer 112.5 KVA Lot- Pt’s

45

Lot- CT’s Lot – Switches (Volt, Amp., HOA, Stop / Start ) 2- ETM ( Solid State) Lot- Controllers & accessories Lot- Replace the bulb of all indicating lights.

5.0 Jersey Villages Plant (7207 Fairview –Key Map 409N NW Area )

All equipment at the Main Switchgear and not limited to the following:

9 – cubicle & buses Lots – power factor capacitors and each enclosure on top of switchgear. 1 – dry type power transformer Lots – Static controller devices 1 – Resistor & Contactor 5 – Fuse contactors Lots – low voltage controller devices & relays Lots – Process monitors 4 – ETM Lots – Meters (amp, volt., PF, KWH, etc.) 1 – Incoming Circuit breaker 1 – capacitor tripping devices Lots – Over-Current, Ground Overcurrent & Voltage relays

Lots – Switches Lots – Replace bulb of all indicating lights Lots – Current & potential transformers

5.1 All equipment at Generator Switchgear at Generator building and not limited to the following:

4 – cubicle & buses 1 – Lightning Panel 2 – Over-current Relays BBC 2 – Under-voltage & Phase sequence Relays BBC 2 – Breakers BBC Lots – controller devices & accessories Lots – Automatic transfer controlling devices & accessories ( Russelectric, Inc. ) Lots – Meters ( KWH, Demand, etc.) Lots – Switches Lots – Replace bulb of all indicating lights

6.0 Bellaire Braes Plant located at 12423 Bellaire Blvd.

Equipment listed here a. 2 GE 2400V Power Vac circuit breakers b. 2 Circuit Shield Type 51I protective relays c. 2 Circuit Shield Type 47H protective relays d. 2 Square D Power Logic meters e. 5 meters (KW, DC volts, AC volts, HZ, DC amps) f. 2 PTs g. 4 sets CTs

46

h. 6 2400V contactor i. 1 100KVAR capacitor j. 4 Multilin 269+ k. 4 Switches (2300V, 1200A) l. 1 lightning arrestor and surge capacitor

7.0 Katy Repump Plant located at 1485 Brittmoore. ‘

Equipment list here a. 2 PTs b. 2 Circuit Breakers – 4160 volt c. 2 Circuit Shield Type 51I protective relays d. 1 MTM e. 3 200KVAR capacitors f. 6 Switches g. 2 PQMs h. 3 Multilin 469 i. 3 vacuum starters (inspect and clean only)

All work at Bellaire Braes and Katy Repump will be completed utilizing one (1) outage and continues without interruption once begun.

9.0 Sims Bayou Plant ( 13826 Croquet – Key Map 571P SW Area )

All equipment at Main Switchgear (Siemens) bldg. and not limited to the following: 5 –

Cubicle & buses 1 – 1200 amp load break switch 6 – fuse contactors Lots – Current & potential transformer

2 – 269 plus Multilin Lots – low voltage control devices & relays 2 – ETM Lots – Meters ( Volt, amp, etc.) Lots – Switches (amp, volt, etc. ) Lots – Replace bulb of all indicating lights Dry

Type Outdoor Transformer

a. 3 – transformers 2300V-277/480V, 495 KVA. 10.0 Southwest Plant ( 4414 Westpark – Key Map 491Z SE Area )

All equipment at Main Switchgear ( Power/VAC ) and not limited to the following: 5 –

cubicle & buses 1- GE Protector & control 5 – Vacuum breakers 4 – Voltage relay 27/59 4 – Lock out Relays

47

2 – PQM monitor Multilin 4 – 50/51 relay GE Protection Lot – PLC devices, power supply, modules, etc. Lot – Current & Potential transformers Lot – control devices & accessories Lot – switches Lot – Replace bulb for all indicating lights Set – Battery Bank ( 20 batteries) & Rectifier

All equipment at Generator Controller and not limited to the following: 5 –

Cubicles & buses 1 – Monitor Panel Status 2 – Basler Overcurrent relays 1 – PQM Monitor Relay Multilin 3 – Multilin SR 489 3 – Generator Monitor panel 3 – caterpillar Relay Module Programmable 3 – ETM 1 – lock out relay Lots – Meters (Hertz, Sync, Amp., Volt, KW, PF, etc. ) Lots – Switches Lot – replace bulb in all indicating lights Set – Battery Bank ( 60 bat.) & Alcad Rectifier/Charger

11.0 Spring Branch Plant ( 3202 Campbell – Key Map 450K NW Area )

All equipment at Main Switchgear/Motor Control, Toshiba and not limited to the following:

6 – Cubicles & buses 8 – Fuse contactors 1 – PQM Multilin monitor 1 – GE Feeder Protection Relay SR735 2 - 269 plus relay , Multilin

Lots- controller devices, accessories, switches, etc. Lots – Current & Potential Transformers. Lots- Replace bulb for indicating lights.

All equipment at Transfer Switch Controller located at Generator building and not limited to the following:

6 – Cubicle & buses 3 – Disconnect switches 2400 Volt Lot - Transfer switches devices & accessories ASCO Delta 2 – Generator & Normal breakers 2 – Undervoltage and phase sequence relay, ABB 2 – Overcurrent Relays, ABB 1 – Reverse power relay ABB

48

Lots – Meter ( Volt, KW, Amp, Hertz ) Lots – Switches Lots – replace bulb for all indicating lights. Lots – Current & Potential transformers

12.0 Acres Homes

Offsite Generators and Equipment • 2110 Esther • 2300 Ellington

Lot – Cubicle & Buses Lot – Lighting Panel Lot – Over-Current & Voltage Relays Lot – Breakers Lot – Controller Devices & Accessories Lot – Automatic transfer controlling devices & accessories Lot – Meters (KWH, Demand, etc.) Lot – Switches Lot - Replace bulbs of all indicating lights

13.0 Jersey Village

Offsite Generators and Equipment • 11905 Spencer • 12410 Spencer

Lot – Cubicle & Buses Lot – Lighting Panel Lot – Over-Current & Voltage Relays Lot – Breakers Lot – Controller Devices & Accessories Lot – Automatic transfer controlling devices & accessories Lot – Meters (KWH, Demand, etc.) Lot – Switches Lot - Replace bulbs of all indicating lights

14.0 Sims Bayou –

Offsite Generators and Equipment • 13812 ½ Croquet

• 13825 Blue Ridge • 12445 Hodges

Lot – Cubicle & Buses Lot – Lighting Panel Lot – Over-Current & Voltage Relays Lot – Breakers Lot – Controller Devices & Accessories Lot – Automatic transfer controlling devices & accessories

49

Lot – Meters (KWH, Demand, etc.) Lot – Switches

Lot - Replace bulbs of all indicating lights 15.0 Southwest –

Offsite Generator and Equipment

• 6002 Westpark Lot – Cubicle & Buses Lot – Lighting Panel Lot – Over-Current & Voltage Relays Lot – Breakers Lot – Controller Devices & Accessories Lot – Automatic transfer controlling devices & accessories Lot – Meters (KWH, Demand, etc.) Lot – Switches Lot - Replace bulbs of all indicating lights

16.0 Spring Branch –

Offsite Generators and Equipment o 9420 Emnora o 9531 Kempwood

Lot – Cubicle & Buses Lot – Lighting Panel Lot – Over-Current & Voltage Relays Lot – Breakers Lot – Controller Devices & Accessories Lot – Automatic transfer controlling devices & accessories Lot – Meters (KWH, Demand, etc.) Lot – Switches Lot - Replace bulbs of all indicating lights

17.0 Bellaire Braes –

Onsite Generator and Equipment • 12423 Bellaire Rd. Offsite Generators and Equipment

o 11811 Corona Ln o 12885 Carvel Ln o 8222 S. Dairy Ashford

Lot – Cubicle & Buses Lot – Lighting Panel Lot – Over-Current & Voltage Relays

Lot – Breakers Lot – Controller Devices & Accessories Lot – Automatic transfer controlling devices & accessories Lot – Meters (KWH, Demand, etc.) Lot – Switches Lot - Replace bulbs of all indicating lights

50

18.0 Katy-Addicks Surface Water Re-Pump (1456 Brittmoore) Lot –

Cubicle & Buses Lot – Lighting Panel Lot – Over-Current & Voltage Relays Lot – Breakers Lot – Controller Devices & Accessories Lot – Automatic transfer controlling devices & accessories Lot – Meters (KWH, Demand, etc.) Lot – Switches Lot - Replace bulbs of all indicating lights

19.0 Katy –Addicks Ground Water

Onsite Generator and Equipment • 11500 Old Katy Rd. Offsite Generators and Equipment • 1100 ½ Eldridge • 12835 Clay

Lot – Cubicle & Buses Lot – Lighting Panel Lot – Over-Current & Voltage Relays Lot – Breakers Lot – Controller Devices & Accessories Lot – Automatic transfer controlling devices & accessories Lot – Meters (KWH, Demand, etc.) Lot – Switches Lot - Replace bulbs of all indicating lights

20. District – 184 Generator and Equipment (10518 Beechnut) Lot

– Cubicle & Buses Lot – Lighting Panel Lot – Over-Current & Voltage Relays Lot – Breakers Lot – Controller Devices & Accessories Lot – Automatic transfer controlling devices & accessories Lot – Meters (KWH, Demand, etc.) Lot – Switches Lot - Replace bulbs of all indicating lights

21. Distract - 123 (10003 South Kirkwood)

Lot – Cubicle & Buses Lot – Lighting Panel Lot – Over-Current & Voltage Relays

51

Lot – Breakers Lot – Controller Devices & Accessories Lot – Automatic transfer controlling devices & accessories Lot – Meters (KWH, Demand, etc.) Lot – Switches Lot - Replace bulbs of all indicating lights

22.0 Park 10 Central (1300 Langham Creek)

Lot – Cubicle & Buses Lot – Lighting Panel Lot – Over-Current & Voltage Relays Lot – Breakers Lot – Controller Devices & Accessories Lot – Automatic transfer controlling devices & accessories Lot – Meters (KWH, Demand, etc.) Lot – Switches Lot - Replace bulbs of all indicating lights

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Legal Dept. Rev. 04-10-2019 1

THE STATE OF TEXAS § BID #______________________ § ORDINANCE #______________

COUNTY OF HARRIS § CONTRACT# _______________

AGREEMENT FOR ON-CALL PREVENTIVE MAINTENANCE AND REPAIR SERVICES FOR 138 KV SUBSTATIONS

AND OTHER HIGH/MEDIUM VOLTAGE ELECTRICAL EQUIPMENT

ARTICLE 1. PARTIES

THIS AGREEMENT FOR ________________________________ SERVICES (this “Agreement”) is made on the date countersigned by the City Controller between the CITY OF HOUSTON, TEXAS (the “City”), a home-rule city of the State of Texas principally situated in Harris County and _________________ (“Contractor”), a ____________ _____________ doing business in Texas.

1.01 ADDRESS:

1.01.1 The initial addresses of the Parties, which one Party may change by giving written notice to the other Party, are as follows:

City Director or Designee ______________ Department City of Houston P. O. Box 1562 Houston, Texas 77251

Contractor _______________________ _______________________ _______________________ _______________________ Attention: _______________

The Parties agree as follows: 1.02 TABLE OF CONTENTS

1.02.1 This Agreement consists of the following sections:

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Legal Dept. Rev. 04-10-2019 2

TABLE OF CONTENTS

Page No.

ARTICLE 1. PARTIES ............................................................................................................... 1

1.01 ADDRESS ........................................................................................................... 1 1.02 TABLE OF CONTENTS ....................................................................................... 1 1.03 PARTS INCORPORATED ................................................................................... 3 1.04 CONTROLLING PARTS ...................................................................................... 3 1.05 DEFINITIONS ...................................................................................................... 3 1.06 SIGNATURES ..................................................................................................... 4

ARTICLE 2. DUTIES OF CONTRACTOR ................................................................................. 5

2.01 SCOPE OF SERVICES ....................................................................................... 5 2.02 COORDINATE PERFORMANCE ........................................................................ 5 2.03 TIME EXTENSIONS ............................................................................................ 5 2.04 REPORTS ........................................................................................................... 5 2.05 PAYMENT OF SUBCONTRACTORS .................................................................. 5 2.06 RELEASE ............................................................................................................ 6 2.07 INDEMNIFICATION ............................................................................................. 6 2.08 SUBCONTRACTOR’S INDEMNITY .................................................................... 7 2.09 INDEMNIFICATION PROCEDURES ................................................................... 7 2.10 INSURANCE ........................................................................................................ 7 2.11 WARRANTIES ..................................................................................................... 9 2.12 CONFIDENTIALITY ........................................................................................... 10 2.13 USE OF WORK PRODUCTS ............................................................................. 10 2.14 LICENSE AND PERMITS .................................................................................. 10 2.15 COMPLIANCE WITH LAWS .............................................................................. 10 2.16 COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY ORDINANCE .. 11 2.17 MWBE COMPLIANCE ....................................................................................... 11 2.18 DRUG ABUSE DETECTION AND DETERRENCE ............................................ 11 2.19 CONFLICTS OF INTEREST .............................................................................. 12 2.20 PAY OR PLAY ................................................................................................... 12 2.21 CONTRACTOR’S PERFORMANCE .................................................................. 13 2.22 ADDITIONS AND DELETIONS .......................................................................... 13 2.23 CHANGES ......................................................................................................... 13 2.24 ENVIRONMENTAL LAWS ................................................................................. 15 2.25 ANTI-BOYCOTT OF ISRAEL ............................................................................. 15 2.26 ZERO TOLERANCE POLICY FOR HUMAN TRAFFICKING AND RELATED

ACTIVITIES ....................................................................................................... 15

ARTICLE 3. DUTIES OF CITY ................................................................................................ 15

3.01 PAYMENT TERMS ............................................................................................ 15 3.02 TAXES ............................................................................................................... 16 3.03 METHOD OF PAYMENT ................................................................................... 16 3.04 LIMIT OF APPROPRIATION.............................................................................. 16 3.05 ACCESS TO SITE ............................................................................................. 17 3.06 ACCESS TO DATA ............................................................................................ 17

Legal Dept. Rev. 04-10-2019 3

ARTICLE 4. TERM AND TERMINATION ................................................................................ 18

4.01 AGREEMENT TERM ......................................................................................... 18 4.02 NOTICE TO PROCEED ..................................................................................... 18 4.03 RENEWALS ....................................................................................................... 18 4.04 TERMINATION FOR CONVENIENCE BY CITY ................................................ 18 4.05 TERMINATION FOR CAUSE BY CITY .............................................................. 19 4.06 TERMINATION FOR CAUSE BY CONTRACTOR ............................................. 19 4.07 REMOVAL OF CONTRACTOR OWNED EQUIPMENT AND MATERIALS ........ 19

ARTICLE 5. MISCELLANEOUS .............................................................................................. 20

5.01 INDEPENDENT CONTRACTOR ....................................................................... 20 5.02 FORCE MAJEURE ............................................................................................ 20 5.03 SEVERABILITY ................................................................................................. 21 5.04 ENTIRE AGREEMENT ...................................................................................... 21 5.05 WRITTEN AMENDMENT ................................................................................... 21 5.06 GOVERNING LAW AND VENUE ....................................................................... 21 5.07 NOTICES ........................................................................................................... 21 5.08 CAPTIONS ........................................................................................................ 21 5.09 NON-WAIVER ................................................................................................... 21 5.10 INSPECTIONS AND AUDITS ............................................................................ 22 5.11 ENFORCEMENT ............................................................................................... 22 5.12 AMBIGUITIES .................................................................................................... 22 5.13 SURVIVAL ......................................................................................................... 22 5.14 PUBLICITY ........................................................................................................ 22 5.15 PARTIES IN INTEREST .................................................................................... 22 5.16 SUCCESSORS AND ASSIGNS ......................................................................... 22 5.17 BUSINESS STRUCTURE AND ASSIGNMENTS ............................................... 23 5.18 REMEDIES CUMULATIVE ................................................................................ 23 5.19 CONTRACTOR DEBT ....................................................................................... 23

EXHIBITS “A” DEFINITIONS “B” SCOPE OF SERVICES “C” DRUG POLICY COMPLIANCE AGREEMENT “D” CERTIFICATION OF NO SAFETY IMPACT POSITIONS “E” DRUG POLICY COMPLIANCE DECLARATION “F” FEES AND COSTS

1.03 PARTS INCORPORATED

1.03.1 The above-described sections and exhibits are incorporated into this Agreement.

1.04 CONTROLLING PARTS 1.04.1 If a conflict between the sections or exhibits arises, the sections control over the

exhibits. 1.05 DEFINITIONS 1.05.1 Certain terms used in this Agreement are defined in Exhibit “A”.

Legal Dept. Rev. 04-10-2019 4

1.06 SIGNATURES

1.06.1 The Parties have executed this Agreement in multiple copies, each of which is an original. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such Party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. The Parties hereby agree that each Party may sign and deliver this Agreement electronically or by electronic means and that an electronic transmittal of a signature, including but not limited to, a scanned signature page, will be as good, binding, and effective as an original signature.

ATTEST/SEAL (if a corporation): WITNESS (if not a corporation): _____________________________ Name: Title:

CONTRACTOR: _______________________________ By: _____________________________ Name: Title: Federal Tax ID Number: ____________

ATTEST/SEAL: _______________________________ City Secretary

CITY OF HOUSTON, TEXAS Signed by: _______________________________ Mayor

APPROVED: _______________________________ Director, _______________ Department

COUNTERSIGNED BY: _______________________________ City Controller

APPROVED: _______________________________ Chief Procurement Officer

COUNTERSIGNATURE DATE: _______________________________

This Agreement has been reviewed as to form by the undersigned and has been found to meet established Legal Department criteria. The Legal Department has not reviewed the content of these documents. _______________________________ Legal Assistant Date: _________________

APPROVED AS TO FORM: _______________________________ Assistant City Attorney L.D. File No. _________________

Legal Dept. Rev. 04-10-2019 5

ARTICLE 2. DUTIES OF CONTRACTOR

2.01 SCOPE OF SERVICES

2.01.1 In consideration of the payments specified in this Agreement, Contractor shall provide all supervision, labor, tools, equipment, permits, parts, expendable items, material, and supplies necessary to perform the services described in Exhibit “B”.

2.02 COORDINATE PERFORMANCE

2.02.1 Contractor shall coordinate its performance with the Director and other persons that the Director designates. Contractor shall promptly inform the Director and other person(s) of all significant events relating to the performance of this Agreement.

2.03 TIME EXTENSIONS

2.03.1 If Contractor requests an extension of time to complete its performance, then the Director, in consultation with the CPO, may, in his or her sole discretion, extend the time so long as the extension does not exceed 90 days. The extension must be in writing but does not require amendment of this Agreement. Contractor is not entitled to damages for delay(s) regardless of the cause of the delay(s).

2.03.2 If the Director requests an extension of time to complete Contractor’s performance,

then the CPO may, upon consultation with the Director involved, extend the time so long as the extension does not exceed 90 calendar days. The extension must be in writing but does not require amendment of this Agreement. Contractor is not entitled to damages for delay(s) regardless of the cause of the delay(s).

2.04. REPORTS

2.04.1 Contractor shall submit all reports and progress updates required by the Director or CPO.

2.05 PAYMENT OF SUBCONTRACTORS

2.05.1 In accordance with the Texas Prompt Payment Act, Contractor shall make timely payments to all persons and entities supplying labor, materials, or equipment by, through, or under Contractor in the performance of this Agreement.

2.05.2 IN ACCORDANCE WITH THE TEXAS PROMPT PAYMENT ACT,

CONTRACTOR SHALL MAKE TIMELY PAYMENTS TO ALL PERSONS AND ENTITIES THAT CONTRACTOR HAS HIRED TO SUPPLY LABOR, MATERIALS, OR EQUIPMENT FOR THE PERFORMANCE OF THIS AGREEMENT. CONTRACTOR SHALL DEFEND AND INDEMNIFY THE CITY FROM ANY CLAIMS OR LIABILITY ARISING OUT OF CONTRACTOR'S FAILURE TO MAKE THESE PAYMENTS REGARDLESS OF WHETHER THE FAILURE TO PAY IS CAUSED BY, OR CONTRIBUTED TO, IN WHOLE OR IN PART, THE NEGLIGENCE (WHETHER SOLE, JOINT OR CONCURRENT), OR GROSS NEGLIGENCE, (WHETHER SOLE, JOINT OR CONCURRENT), STRICT LIABILITY, INTENTIONAL ACTS, OR OTHER CONDUCT OR

Legal Dept. Rev. 04-10-2019 6

LIABILITY OF THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES.

2.05.3 Failure of Contractor to pay its employees as required by law shall constitute a

default under this Agreement, for which Contractor and its surety shall be liable on Contractor’s performance bond if Contractor fails to cure the default as provided under this Agreement.

2.06 RELEASE

2.06.1 CONTRACTOR AGREES TO AND SHALL RELEASE THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES (COLLECTIVELY THE “CITY”) FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT, EVEN IF THE INJURY, DEATH, DAMAGE, OR LOSS IS CAUSED BY THE CITY’S SOLE OR CONCURRENT NEGLIGENCE AND/OR THE CITY’S STRICT PRODUCTS LIABILITY OR STRICT STATUTORY LIABILITY. CONTRACTOR HEREBY COVENANTS AND AGREES NOT TO SUE THE CITY FOR ANY CLAIMS, DEMANDS, OR CAUSES OF ACTION DIRECTLY OR INDIRECTLY RELATED TO ITS RELEASE UNDER THIS SECTION. FOR THE AVOIDANCE OF DOUBT, THIS COVENANT NOT TO SUE DOES NOT APPLY TO CLAIMS FOR BREACH OF THIS AGREEMENT.

2.07 INDEMNIFICATION

2.07.1 CONTRACTOR AGREES TO AND SHALL DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES (COLLECTIVELY, THE “CITY”) HARMLESS FOR ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, FINES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, COURT COSTS, AND ALL OTHER DEFENSE COSTS AND INTEREST) FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY:

2.07.1.1 CONTRACTOR’S AND/OR ITS AGENTS’, EMPLOYEES’,

OFFICERS’, DIRECTORS’, CONTRACTORS’, OR SUBCONTRACTORS’ (COLLECTIVELY IN NUMBERED SUBPARAGRAPHS 2.07.1.1 THROUGH 2.07.1.3, “CONTRACTOR”) ACTUAL OR ALLEGED NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS;

2.07.1.2 THE CITY’S AND CONTRACTOR’S ACTUAL OR ALLEGED

CONCURRENT NEGLIGENCE, WHETHER CONTRACTOR IS IMMUNE FROM LIABILITY OR NOT; AND

2.07.1.3 THE CITY’S AND CONTRACTOR’S ACTUAL OR ALLEGED STRICT

PRODUCTS LIABILITY OR STRICT STATUTORY LIABILITY, WHETHER CONTRACTOR IS IMMUNE FROM LIABILITY OR NOT.

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2.07.2 CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD THE CITY HARMLESS DURING THE TERM OF THIS AGREEMENT AND FOR FOUR YEARS AFTER THE AGREEMENT TERMINATES. CONTRACTOR’S INDEMNIFICATION IS LIMITED TO $500,000 PER OCCURRENCE. CONTRACTOR SHALL NOT INDEMNIFY THE CITY FOR THE CITY’S SOLE NEGLIGENCE.

2.08 SUBCONTRACTOR’S INDEMNITY

2.08.1 CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS (AND THEIR SUBCONTRACTORS) TO RELEASE AND INDEMNITY THE CITY TO THE SAME EXTENT AND IN SUBSTANTIALLY THE SAME FORM AS ITS RELEASE AND INDEMNITY TO THE CITY.

2.09 INDEMNIFICATION PROCEDURES

2.09.1 Notice of Claims. If the City or Contractor receives notice of any claim or circumstances which could give rise to an indemnified loss, the receiving Party shall give written notice to the other Party within 30 days. The notice must include the following:

2.09.1.1 a description of the indemnification event in reasonable detail;

2.09.1.2 the basis on which indemnification may be due; and

2.09.1.3 the anticipated amount of the indemnified loss.

This notice does not estop or prevent the City from later asserting a different basis for indemnification or a different amount of indemnified loss than that indicated in the initial notice. If the City does not provide this notice within the 30-day period, it does not waive any right to indemnification except to the extent that Contractor is prejudiced, suffers loss, or incurs expense because of the delay.

2.09.2 Defense of Claims

2.09.2.1 Assumption of Defense. Contractor may assume the defense of the claim at its own expense with counsel chosen by it that is reasonably satisfactory to the City Attorney. Contractor shall then control the defense and any negotiations to settle the claim, subject to the City Attorney’s consent or agreement to the settlement, which consent or agreement shall not unreasonably be withheld. Within 10 days after receiving written notice of the indemnification request, Contractor must advise the City as to whether or not it will defend the claim. If Contractor does not assume the defense, the City shall assume and control the defense, and all defense expenses constitute an indemnification loss.

2.09.2.2 Continued Participation. If Contractor elects to defend the claim, the City

may retain separate counsel to participate in (but not control) the defense and to participate in (but not control) any settlement negotiations.

2.10 INSURANCE

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2.10.1 Risks and Limits of Liability. Contractor shall maintain the following insurance coverages in the following amounts:

COVERAGE LIMIT OF LIABILITY

Workers’ Compensation Statutory for Workers’ Compensation

Employer’s Liability

• Bodily Injury by Accident $500,000 (each accident)

• Bodily Injury by Disease $500,000 (policy limit) • Bodily Injury by Disease $500,000 (each employee)

Commercial General Liability: Bodily and Personal Injury; Products and Completed Operations Coverage

Bodily Injury and Property Damage, Combined Limits of $1,000,000 each Occurrence, and $2,000,000 aggregate

Automobile Liability $1,000,000 combined single limit for: (i) Any Auto; or (ii) All Owned, Hired, and Non-Owned Autos

Professional Liability (if applicable)

$1,000,000 per occurrence; $2,000,000 aggregate

Excess Liability Coverage, or Umbrella Coverage, for Commercial General Liability and Automobile Liability

$1,000,000

Aggregate Limits are per 12-month policy period unless otherwise indicated.

2.10.2 Insurance Coverage. At all times during the term of this Agreement and

any extensions or renewals, Contractor shall provide and maintain insurance coverage that meets the Agreement requirements. Prior to beginning performance under the Agreement, at any time upon the Director’s request, or each time coverage is renewed or updated, Contractor shall furnish to the Director current certificates of insurance, endorsements, all policies, or other policy documents evidencing adequate coverage, as necessary. Contractor shall be responsible for and pay: (i) all premiums; and (ii) any claims or losses to the extent of any deductible amounts. Contractor waives any claim it may have for premiums or deductibles against the City, its officers, agents, or employees. Contractor shall also require all subContractors or consultants whose subcontracts exceed $100,000 to provide proof of insurance coverage meeting all requirements stated above except amount. The amount must be commensurate with the amount of the subcontract, but no less than $500,000 per claim.

2.10.3 Form of insurance. The form of the insurance shall be approved by the

Director and the City Attorney; such approval (or lack thereof) shall never: (i) excuse non-compliance with the terms of this Section; or (ii) waive or estop the City from asserting its rights to terminate this Agreement. The policy issuer shall: (i) have a Certificate of Authority to transact insurance business in Texas; or (ii) be an eligible non-admitted insurer in the State of Texas and have a Best’s rating of at least B+, and a Best’s Financial Size

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Category of Class VI or better, according to the most current Best’s Key Rating Guide.

2.10.4 Required Coverage. The City shall be an Additional Insured under this

Agreement, and all policies, except Professional Liability and Worker’s Compensation, shall explicitly name the City as an Additional Insured. The City shall enjoy the same coverage as the Named Insured without regard to other Agreement provisions. Contractor waives any claim or right of subrogation to recover against the City, its officers, agents, or employees, and each of Contractor’s insurance policies except professional liability must contain coverage waiving such claim. Each policy, except Workers’ Compensation and Professional Liability, must also contain an endorsement that the policy is primary to any other insurance available to the Additional Insured with respect to claims arising under this Agreement. If professional liability coverage is written on a “claims made” basis, Contractor shall also provide proof of renewal each year for two years after substantial completion of the Project, or in the alternative: evidence of extended reporting period coverage for a period of two years after substantial completion, or a project liability policy for the Project covered by this Agreement with a duration of two years after substantial completion. All certificates of insurance submitted by Contractor shall be accompanied by endorsements for: (i) Additional Insured coverage in favor of the City for Commercial General Liability and Automobile Liability policies; and (ii) Waivers of Subrogation in favor of the City for Commercial General Liability, Automobile Liability and Workers’ Compensation/Employers’ Liability policies. The Director will consider all other forms on a case-by-case basis.

2.10.5 Notice. CONTRACTOR SHALL GIVE 30 DAYS’ ADVANCE WRITTEN

NOTICE TO THE DIRECTOR IF ANY OF ITS INSURANCE POLICIES ARE CANCELED OR NON-RENEWED. Within the 30-day period, Contractor shall provide other suitable policies in order to maintain the required coverage. If Contractor does not comply with this requirement, the Director, at his or her sole discretion, may immediately suspend Contractor from any further performance under this Agreement and begin procedures to terminate for default.

2.10.6 Other Insurance. If requested by the Director, Contractor shall furnish

adequate evidence of Social Security and Unemployment Compensation Insurance, to the extent applicable to Contractor’s operations under this Agreement.

2.11 WARRANTIES

2.11.1 Contractor warrants that it shall perform all work in a good and workmanlike manner, meeting the standards of quality prevailing in Harris County, Texas for work of this kind. Contractor shall perform all work using trained and skilled persons having substantial experience performing the work required under this Agreement.

2.11.2 With respect to any parts and goods it furnishes, Contractor warrants:

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2.11.2.1 that all items are free of defects in title, design, material, and workmanship;

2.11.2.2 that each item meets or exceeds the manufacturer’s specifications and

requirements for the equipment, structure, or other improvement in which the item is installed;

2.11.2.3 that each replacement item is new, in accordance with original

equipment manufacturer’s specifications, and of a quality at least as good as the quality of the item which it replaces (when the replaced item was new); and

2.11.2.4 that no item or its use infringes any patent, copyright, or proprietary

right. 2.12 CONFIDENTIALITY

2.12.1 Contractor, its agents, employees, Contractors, and subContractors shall hold all City information, data, and documents (collectively, the “Information”) that they receive, or to which they have access, in strictest confidence. Contractor, its agents, employees, Contractors, and subContractors shall not disclose, disseminate, or use the Information unless the Director authorizes it in writing. Contractor shall obtain written agreements from its agents, employees, Contractors, and subContractors which bind them to the terms in this Section.

2.13. USE OF WORK PRODUCTS

2.13.1 The City may use all Documents that Contractor prepares or obtains under this Agreement. In addition, Contractor shall provide the Director with supporting schedules, flow charts or other analysis necessary to understand the reported findings and recommendations. Generally, this information is attached as exhibits to the final report; however, if requested by the Director, Contractor shall provide this information from its work paper files.

2.13.2 Contractor warrants that it owns the copyright to the Documents. 2.13.3 Contractor shall deliver the original Documents to the Director on request. Within

five working days after this Agreement terminates, Contractor shall deliver to the Director the original Documents, and all other files and materials Contractor produces or gathers during its performance under this Agreement.

2.14 LICENSES AND PERMITS

2.14.1 Contractor shall obtain, maintain, and pay for all licenses, permits, and certificates including all professional licenses required by any statute, ordinance, rule, or regulation for the performance under this Agreement. Contractor shall immediately notify the Director of any suspension, revocation, or other detrimental action against its license.

2.15 COMPLIANCE WITH LAWS

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2.15.1 Contractor shall comply with all applicable state and federal laws and regulations and the City Charter and Code of Ordinances in its performance under this Agreement.

2.16 COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY ORDINANCE

2.16.1 Contractor shall comply with City’s Equal Employment Opportunity Ordinance as set out in in Section 15-17 of the Code of Ordinances.

2.17 MWBE COMPLIANCE

2.17.1 Contractor shall comply with the City’s Minority and Women Business Enterprise (“MWBE”) programs as set out in Chapter 15, Article V of the City of Houston Code of Ordinances. Contractor shall make good faith efforts to award subcontracts or supply agreements in at least ____% of the value of this Agreement to MWBEs. Contractor acknowledges that it has reviewed the requirements for good faith efforts on file with the City’s Office of Business Opportunities (“OBO”) and will comply with them.

2.17.2 Contractor shall ensure that all subcontracts with MWBE subContractors and suppliers contain the following terms:

[Name of MWBE subContractor] shall not delegate or subcontract more than 50% of the work under this subcontract to any other subContractor or supplier without the express written consent of the City of Houston’s Office of Business Opportunity Director (the “Director”). [Name of MWBE subContractor] shall permit representatives of the City of Houston, at all reasonable times, to perform: (i) audits of the books and records of the subContractor; and (ii) inspections of all places where work is to be undertaken in connection with this subcontract. SubContractor shall keep such books and records available for such purpose for at least 4 years after the end of its performance under this subcontract. Nothing in this provision shall affect the time for bringing a cause of action nor the applicable statute of limitations. Within five Business Days of execution of this subcontract, Contractor and SubContractor shall designate in writing to the Director an agent for receiving any notice required or permitted to be given pursuant to Chapter 15 of the Houston City Code of Ordinances, along with the street and mailing address and phone number of such agent. Any controversy between the Parties involving the construction or application of any of the terms, covenants, or conditions of this subcontract may be submitted to the Director. The Director may prescribe procedures to provide dispute resolution by neutrals in accordance with the requirements of Chapter 15 of the Houston City Code of Ordinances.

2.18. DRUG ABUSE DETECTION AND DETERRENCE

2.18.1 It is the policy of the City to achieve a drug-free workforce and workplace. The manufacture, distribution, dispensation, possession, sale, or use of illegal drugs or

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alcohol by Contractors while on City Premises is prohibited. Contractor shall comply with all the requirements and procedures set forth in the Mayor’s Drug Abuse Detection and Deterrence Procedures for Contractors, Executive Order No. 1-31 (the “Executive Order”), which is incorporated into this Agreement and is on file in the City Secretary’s Office.

2.18.2 Before the City signs this Agreement, Contractor shall file with the Contract Compliance Officer for Drug Testing (“CCODT”): 2.18.2.1 a copy of its drug-free workplace policy; 2.18.2.2 the Drug Policy Compliance Agreement substantially in the form set

forth in Exhibit “C”, together with a written designation of all safety impact positions; and

2.18.2.3 if applicable (e.g., no safety impact positions), the Certification of No

Safety Impact Positions, substantially in the form set forth in Exhibit “D”.

2.18.3 If Contractor files a written designation of safety impact positions with its Drug Policy Compliance Agreement, it also shall file every 6 months during the performance of this Agreement or on completion of this Agreement if performance is less than 6 months, a Drug Policy Compliance Declaration in a form substantially similar to Exhibit “E”. Contractor shall submit the Drug Policy Compliance Declaration to the CCODT within 30 days of the expiration of each 6-month period of performance and within 30 days of completion of this Agreement. The first 6-month period begins to run on the date the City issues its Notice to Proceed or, if no Notice to Proceed is issued, on the first day Contractor begins work under this Agreement.

2.18.4 Contractor also shall file updated designations of safety impact positions with the CCODT if additional safety impact positions are added to Contractor’s employee work force.

2.18.5 Contractor shall require that its subContractors comply with the Executive Order, and Contractor shall secure and maintain the required documents for City inspection.

2.19 CONFLICTS OF INTEREST 2.19.1 If an actual or potential conflict arises between the City’s interests and the interests

of other client(s) Contractor represents, Contractor shall immediately notify the Director in writing. The City Controller shall issue a letter of consent or non-consent to Contractor’s representation, potential or otherwise, of the other client(s) within 10 Business Days after receipt of Contractor’s notice. If the City Controller issues a non-consent letter, Contractor shall immediately terminate its representation, potential or otherwise, of the other client(s) whose interests are or may be in conflict with those of the City.

2.20. PAY OR PLAY

2.20.1 The requirements and terms of the City of Houston Pay or Play program, as set

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out in Executive Order 1-7, as revised from time to time, are incorporated into this Agreement for all purposes. Contractor has reviewed Executive Order No. 1-7, as revised, and shall comply with its terms and conditions.

2.21. CONTRACTOR’S PERFORMANCE

2.21.1 Contractor shall make citizen satisfaction a priority in providing services under this Agreement. Contractor shall train its employees to be customer service-oriented and to positively and politely interact with citizens when performing contract services. Contractor’s employees shall be clean, courteous, efficient, and neat in appearance and committed to offering the highest quality of service to the public. If, in the Director’s opinion, Contractor is not interacting in a positive and polite manner with citizens, he or she shall direct Contractor to take all remedial steps to conform to these standards

2.22. ADDITIONS AND DELETIONS

2.22.1 Additional Products and Services. Subject to the allocation of funds, the CPO may add similar equipment, supplies, services, or locations, within the scope of this Agreement, to the list of equipment, supplies, services, or locations to be performed or provided by giving written notification to Contractor. For purposes of this Section, the “Effective Date” means the date specified in the notification from the CPO. As of the Effective Date, each item added is subject to this Agreement, as if it had originally been a part, but the charge for each item starts to accrue only on the Effective Date. In the event the additional equipment, supplies, services, or locations are not identical to the items(s) already under this Agreement, the charges therefor will then be Contractor’s normal and customary charges or rates for the equipment, supplies, services, or locations classified in the Fees and Costs (Exhibit “F”).

2.22.2 Exclusion of Products and Services. If a deliverable or service that is subject to

this Agreement is deleted, lost, stolen, destroyed, damaged, sold, replaced, or otherwise disposed of, the CPO may exclude it from the operation of this Agreement by notifying Contractor in writing. The notice takes effect immediately on its receipt by Contractor. More than one notice may be given. When a notice is received, Contractor shall delete the charge for the excluded deliverable or service from the sum(s) otherwise due under this Agreement.

2.22.3 The total charges for additions and deletions to this Agreement must never exceed

25% of the original contract amount unless: 2.22.3.1 The additions are exempt from the competitive bidding or proposal

requirements set forth in Tex. Local Govt. Code Chapter 252; or 2.22.3.2 The City acquires the additions from Contractor through a competitive

bid or competitive proposal.

2.23. CHANGES

2.23.1 At any time during the Agreement Term, the CPO may issue a Change Order to increase or decrease the scope of services or change plans and specifications as

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he or she may find necessary to accomplish the general purposes of this Agreement. Contractor shall furnish the services or deliverables in the Change Order in accordance with the requirements of this Agreement plus any special provisions, specifications, or special instructions issued to execute the extra work.

2.23.2 The CPO will issue the Change Order in substantially the following form:

CHANGE ORDER TO: [Name of Contractor] FROM: City of Houston, Texas (the “City”) DATE: [Date of Notice] SUBJECT: Change Order under the Agreement between the City and [Name

of Contractor] countersigned by the City Controller on [Date of countersignature of the Agreement]

Subject to all terms and conditions of the Agreement, the City requests that Contractor provide the following: [Here describe the additions to or changes to the equipment or services and the Change Order Charges applicable to each.] Signed: [Signature of CPO]

2.23.3 The CPO may issue more than one Change Order, subject to the following

limitations: 2.23.3.1 The City Council expressly authorizes the CPO to approve a Change

Orders up to $50,000. A Change Order of more than $50,000 over the approved contract amount must be approved by the City Council.

2.23.3.2 If a Change Order describes items that Contractor is otherwise required

to provide under this Agreement, the City is not obligated to pay any additional money to Contractor.

2.23.3.3 The total of all Change Orders issued under this section may not

increase the original contract amount by more than 25%.

2.23.4 Whenever Contractor receives a Change Order, Contractor shall furnish all material, equipment, and personnel necessary to perform the work described in the Change Order. Contractor shall complete the work within the time prescribed. If no time for completion is prescribed, Contractor shall complete the work within a reasonable time. If the work described in any Change Order causes an unavoidable delay in any other work Contractor is required to perform under this Agreement, Contractor may request a time extension for the completion of the work. The CPO’s decision regarding a time extension is final.

2.23.5 A product or service provided under a Change Order is subject to inspection,

acceptance, or rejection in the same manner as the work described in the Original Agreement and is subject to the terms and conditions of the Original Agreement

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as if it had originally been a part of the Agreement. 2.23.6 Change Orders are subject to the Allocated Funds provisions of this Agreement.

2.24 ENVIRONMENTAL LAWS

2.24.1 Contractor shall comply with all rules, regulations, statutes, and orders of the Environmental Protection Agency, the Texas Commission on Environmental Quality, and any other governmental agency with the authority to promulgate environmental rules and regulations (the “Environmental Laws”). Contractor shall promptly reimburse the City for any fines or penalties levied against the City because of Contractor’s failure to comply with Environmental Laws.

2.24.2 Contractor shall not possess, use, generate, release, discharge, store, dispose of,

or transport any Hazardous Materials on, under, in, above, to, or from the site except in strict compliance with the Environmental Laws. “Hazardous Materials” means any substances, materials, or wastes that are or become regulated as hazardous or toxic substances under any applicable federal, state, or local laws, regulations, ordinances, or orders. Contractor shall not deposit oil, gasoline, grease, lubricants, or any ignitable or hazardous liquids, materials, or substances in the City’s storm sewer system or sanitary sewer system or elsewhere on City Property in violation of the Environmental Laws.

2.25 ANTI-BOYCOTT OF ISRAEL

2.25.1 Contractor certifies that Contractor is not currently engaged in, and agrees for the

duration of this Agreement not to engage in, the boycott of Israel as defined by Section 808.001 of the Texas Government Code.

2.26 ZERO TOLERANCE POLICY FOR HUMAN TRAFFICKING AND RELATED ACTIVITIES

2.26.1 The requirements and terms of the City of Houston’s Zero Tolerance Policy for

Human Trafficking and Related Activities, as set forth in Executive Order 1-56, as revised from time to time, are incorporated into this Agreement for all purposes. Contractor has reviewed Executive Order 1-56, as revised, and shall comply with its terms and conditions as they are set out at the time of the Countersignature Date. Contractor shall notify the CPO, City Attorney, and the Director of any information regarding possible violation by Contractor or its subContractors providing services or goods under this Agreement within 7 days of Contractor becoming aware of or having a reasonable belief that such violations may have occurred, have occurred, or are reasonably likely to occur.

ARTICLE 3. DUTIES OF CITY

3.01 PAYMENT TERMS

3.01.1 Subject to all terms and conditions of this Agreement, the City agrees to pay for the services described in Exhibit “B” that are rendered by Contractor based upon monthly invoices showing the number of individual tasks and related services

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performed at the rates set forth in Exhibit “F”. The fees must only be paid from Allocated Funds as provided below.

3.01.2 Early Payment Discount. The City of Houston’s standard payment term is to pay

30 days after receipt of invoice or receipt of goods or services, whichever is later, according to the requirements of the Texas Prompt Payment Act (Tex. Gov’t Code, Ch. 2251). However, the City will pay in less than 30 days in return for an early payment discount from Contractor as follows:

Payment Time - 10 Days: 2% Discount Payment Time - 20 Days: 1% Discount

3.01.3 If the City fails to make a payment according to the early payment schedule above,

but does make the payment within the time specified by the Prompt Payment Act, the City shall not receive the discount, but shall pay no other penalty. When the payment date falls on a Saturday, Sunday, or official holiday when City offices are closed and City business is not expected to be conducted, payment may be made on the following Business Day.

3.02 TAXES

3.02.1 The City is exempt from payment of Federal Excise and Transportation Tax and

Texas Limited Sales and Use Tax. Contractor’s invoices to the City must not contain assessments of any of these taxes. The Director will furnish the City’s exemption certificate and federal tax identification number to Contractor if requested.

3.03 METHOD OF PAYMENT

3.03.1 The City shall pay on the basis of monthly invoices submitted by Contractor and approved by the Director showing the services performed and the attendant fee. The City shall make payment to Contractor within 30 days of the receipt and approval by the City of such invoices. If the City disputes any item in an invoice Contractor submits for any reason, including lack of supporting documentation, the Director shall temporarily delete the disputed item and pay the remainder of the invoice. The Director shall promptly notify Contractor of the dispute and request remedial action. After any dispute is settled, Contractor shall include the disputed amount on a subsequent regularly scheduled invoice or on a special invoice for the disputed item only.

3.04 LIMIT OF APPROPRIATION

3.04.1 The City’s duty to pay money to Contractor under this Agreement is limited in its entirety by the provisions of this Section.

3.04.2 In order to comply with Article II, Sections 19 and 19a of the City’s Charter and

Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ to pay money due under this Agreement during the City’s current fiscal year (the “Original Allocation”). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”)

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for this Agreement, but they are not obligated to do so. Therefore, the Parties have agreed to the following procedures and remedies:

3.04.2.1 The City has not allocated supplemental funds or made a Supplemental

Allocation for this Agreement unless the City has issued to Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council.

NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS

By the signature below, the City Controller certifies that, upon the request of the Director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation has been charged to such appropriation.

$ _____________

3.04.2.2 The Original Allocation plus all Supplemental Allocations are the

“Allocated Funds.” The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, Contractor’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind.

3.05 ACCESS TO SITE

3.05.1 Contractor may enter and leave the premises at all reasonable times without charge. Contractor and its employees may use the common areas and roadways of the premises where it is to perform the services together with all facilities, equipment, improvements, and services provided in connection with the premises for common use. This excludes parking for Contractor’s personnel. Contractor shall repair any damage caused by it or its employees as a result of its use of the common areas.

3.06 ACCESS TO DATA

3.06.1 The City shall, to the extent permitted by law, allow Contractor to access and make copies of documents in the possession or control of the City or available to it that are reasonably necessary for Contractor to perform under this Agreement.

3.06.2 The City does not, however, represent that all existing conditions are fully

documented, nor is the City obligated to develop new documentation for Contractor’s use.

3.06.3 For any raw data created, assembled, used, maintained, collected, or stored by

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Contractor for or on behalf of the City, Contractor shall provide the City either the raw data itself or the ability to extract the raw data in a format mutually agreed upon by both Parties at no additional cost to the City.

ARTICLE 4. TERM AND TERMINATION

4.01. AGREEMENT TERM

4.01.1 This Agreement is effective on the Countersignature Date and shall remain in effect for ___ years, unless sooner terminated under this Agreement (the “Initial Term”).

4.02 NOTICE TO PROCEED

4.02.1 Contractor shall begin performance under this Agreement on the date specified in a Notice to Proceed from the CPO or Director.

4.03. RENEWALS

4.03.1 Upon expiration of the Initial Term, and so long as the City makes sufficient supplemental allocations, this Agreement will be automatically renewed for ______ successive 1-year terms on the same terms and conditions. If the Director chooses not to renew this Agreement, he or she shall notify Contractor and the CPO of non-renewal at least 30 days before the expiration of the then-current term.

4.04. TERMINATION FOR CONVENIENCE BY CITY 4.04.1 The Director may terminate this Agreement at any time by giving 30 days’ written

notice to Contractor, with a copy of the notice to the CPO. The City’s right to terminate this Agreement for convenience is cumulative of all rights and remedies, which exist now or in the future.

4.04.2 On receiving the notice, Contractor shall, unless the notice directs otherwise,

immediately discontinue all services under this Agreement and cancel all existing orders and subcontracts that are chargeable to this Agreement. As soon as practicable after receiving the termination notice, Contractor shall submit an invoice showing in detail the services performed under this Agreement up to the termination date. The City shall then pay the fees to Contractor for services actually performed, but not already paid for, in the same manner as prescribed in this Agreement unless the fees exceed the allocated funds remaining under this Agreement.

4.04.3 TERMINATION OF THIS AGREEMENT AND RECEIPT OF PAYMENT FOR

SERVICES RENDERED ARE CONTRACTOR’S ONLY REMEDIES FOR THE CITY’S TERMINATION FOR CONVENIENCE, WHICH DOES NOT CONSTITUTE A DEFAULT OR BREACH OF THIS AGREEMENT. CONTRACTOR WAIVES ANY CLAIM (OTHER THAN ITS CLAIM FOR PAYMENT AS SPECIFIED IN THIS SECTION), IT MAY HAVE NOW OR IN THE FUTURE FOR FINANCIAL LOSSES OR OTHER DAMAGES RESULTING FROM THE CITY’S TERMINATION FOR CONVENIENCE.

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4.05. TERMINATION FOR CAUSE BY CITY

4.05.1 If Contractor defaults under this Agreement, the Director may terminate this Agreement after providing Contractor written notice and an opportunity to cure the default as provided below. The City’s right to terminate this Agreement for Contractor’s default is cumulative of all rights and remedies that exist now or in the future. Default by Contractor occurs if:

4.05.1.1 Contractor fails to perform any of its material duties under this

Agreement; 4.05.1.2 Contractor becomes insolvent; 4.05.1.3 all or a substantial part of Contractor’s assets are assigned for the

benefit of its creditors; or 4.05.1.4 a receiver or trustee is appointed for Contractor.

4.05.2 If a default occurs and the Director determines that the City wishes to terminate

the Agreement, then the Director must deliver a written notice to Contractor describing the default and the proposed termination date, with a copy of the notice to the CPO. The date must be at least 30 days after Contractor receives notice. The Director, at his or her sole option, may extend the termination date to a later date. If Contractor cures the default before the proposed termination date, then the proposed termination is ineffective. If Contractor does not cure the default before the termination date, then the Director may terminate this Agreement on the termination date, at no further obligation of the City.

4.05.3 To effect final termination, the Director must notify Contractor in writing, with a copy

of the notice to the CPO. After receiving the notice, Contractor shall, unless the notice directs otherwise, immediately discontinue all services under this Agreement and promptly cancel all orders or subcontracts chargeable to this Agreement.

4.06 TERMINATION FOR CAUSE BY CONTRACTOR

4.06.1 Contractor may terminate its performance under this Agreement only if the City

defaults and fails to cure the default after receiving written notice of it. Default by the City occurs if the City fails to perform one or more of its material duties under this Agreement. If a default occurs and Contractor wishes to terminate the Agreement, then Contractor must deliver a written notice to the Director describing the default and the proposed termination date. The date must be at least 30 days after the Director receives the notice. Contractor, at its sole option, may extend the proposed termination date to a later date. If the City cures the default before the proposed termination date, then the proposed termination is ineffective. If the City does not cure the default before the proposed termination date, then Contractor may terminate its performance under this Agreement on the termination date

4.07. REMOVAL OF CONTRACTOR OWNED EQUIPMENT AND MATERIALS

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4.07.1 Upon expiration or termination of this Agreement, Contractor is permitted 10 days within which to remove Contractor-owned material and equipment from the City’s premises. This City shall make such material and equipment readily available to Contractor. The time period may be extended upon approval by the Director. The City reserves the right to deny any extension of time.

ARTICLE 5. MISCELLANEOUS

5.01 INDEPENDENT CONTRACTOR

5.01 Contractor shall perform its obligations under this Agreement as an independent Contractor and not as an employee of the City.

5.02 FORCE MAJEURE

5.02.1 Timely performance by both Parties is essential to this Agreement. However, neither Party is liable for reasonable delays in performing its obligations under this Agreement to the extent the delay is caused by Force Majeure that directly impacts the City or Contractor. The event of Force Majeure may permit a reasonable delay in performance but does not excuse a Party’s obligations to complete performance under this Agreement. Force Majeure means: fires, interruption of utility services, epidemics in the City, floods, hurricanes, tornadoes, ice storms and other natural disasters, explosions, war, terrorist acts against the City or Contractor, riots, strikes, court orders, and the acts of superior governmental or military authority, and which the affected Party is unable to prevent by the exercise of reasonable diligence. The term does not include any changes in general economic conditions such as inflation, interest rates, economic downturn, or other factors of general application, or an event that merely makes performance more difficult, expensive, or impractical. Force Majeure does not entitle Contractor to extra reimbursable expenses or payment.

5.02.2 This relief is not applicable unless the affected Party does the following:

5.02.2.1 uses due diligence to remove the effects of the Force Majeure as quickly

as possible and to continue performance notwithstanding the Force Majeure; and

5.02.2.2 provides the other Party with prompt written notice of the cause and its

anticipated effect.

5.02.3 The Director will review claims that a Force Majeure that directly impacts the City or Contractor has occurred and render a written decision within 14 days.

5.02.4 The City may perform contract functions itself or contract them out during periods

of Force Majeure. Such performance is not a default or breach of this Agreement by the City.

5.02.5 If the Force Majeure continues for more than 7 days from the date performance is

affected, the Director may terminate this Agreement by giving 7 days’ written notice to Contractor. This termination is not a default or breach of this Agreement.

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CONTRACTOR WAIVES ANY CLAIM IT MAY HAVE FOR FINANCIAL LOSSES OR OTHER DAMAGES RESULTING FROM THE TERMINATION EXCEPT FOR AMOUNTS DUE UNDER THE AGREEMENT UP TO THE TIME THE WORK IS HALTED DUE TO FORCE MAJEURE.

5.03 SEVERABILITY

5.03.1 If any part of this Agreement is for any reason found to be unenforceable, all other parts remain enforceable unless the result materially prejudices either Party.

5.04 ENTIRE AGREEMENT

5.04.1 This Agreement merges the prior negotiations and understandings of the Parties and embodies the entire agreement of the Parties with respect to this subject matter hereof. No other agreements, assurances, conditions, covenants (express or implied), or other terms of any kind exist between the Parties regarding this Agreement.

5.05 WRITTEN AMENDMENT

5.05.1 Unless otherwise specified elsewhere in this Agreement, this Agreement may be amended only by written instrument executed on behalf of the City (by authority of an ordinance adopted by the City Council) and Contractor. The Director is only authorized to perform the functions specifically delegated to him or her in this Agreement.

5.06 GOVERNING LAW AND VENUE

5.06.1 This Agreement shall be construed and interpreted in accordance with the

applicable laws of the State of Texas and City of Houston. Venue for any disputes relating in any way to this Agreement shall lie exclusively in Harris County, Texas.

5.07 NOTICES

5.07.1 All notices to either Party to the Agreement must be in writing and must be delivered by hand, facsimile, United States registered or certified mail, return receipt requested, United States Express Mail, Federal Express, UPS, or any other national overnight express delivery service. The notice must be addressed to the Party to whom the notice is given at its address set out in Article 1 of this Agreement or other address the receiving Party has designated previously by proper notice to the sending Party. Postage or delivery charges must be paid by the Party giving the notice.

5.08 CAPTIONS

5.08.1 Captions contained in this Agreement are for reference only and therefore have no

effect in construing this Agreement. The captions are not restrictive of the subject matter of any section in this Agreement.

5.09 NON-WAIVER

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5.09.1 If either Party fails to require the other to perform a term of this Agreement, that failure does not prevent the Party from later enforcing that term and all other terms. If either Party waives the other’s breach of a term, that waiver does not waive a later breach of this Agreement.

5.09.2 An approval by the Director, or by any other employee or agent of the City, of any part of Contractor’s performance does not waive compliance with this Agreement or establish a standard of performance other than that required by this Agreement and by law. The Director is not authorized to vary the terms of this Agreement.

5.10 INSPECTIONS AND AUDITS

5.10.1 City representatives may perform, or have performed: (i) audits of Contractor’s books and records; and (ii) inspections of all places where work is undertaken in connection with this Agreement. Contractor shall keep its books and records available for this purpose for at least three years after this Agreement terminates. If the books and records are located outside of Harris County, Texas, Contractor agrees to make them available in Harris County, Texas. This provision does not affect the applicable statute of limitations.

5.11 ENFORCEMENT

5.11.1 The City Attorney or his or her designee may enforce all legal rights and obligations under this Agreement without further authorization. Contractor shall provide to the City Attorney all documents and records that the City Attorney requests to assist in determining Contractor’s compliance with this Agreement, with the exception of those documents made confidential by federal or State law or regulation.

5.12 AMBIGUITIES

5.12.1 If any term of this Agreement is ambiguous, it shall not be construed for or against any Party on the basis that the Party did or did not write it.

5.13 SURVIVAL

5.13.1 Contractor shall remain obligated to the City under all clauses of this Agreement that expressly or by their nature extend beyond the expiration or termination of this Agreement, including, but not limited to, the indemnity provisions.

5.14 PUBLICITY

5.14.1 Contractor shall make no announcement or release of information concerning this Agreement unless the release has been submitted to and approved, in writing, by the Director.

5.15 PARTIES IN INTEREST

5.15.1 This Agreement does not bestow any rights upon any third party, but binds and benefits the City and Contractor only.

5.16 SUCCESSORS AND ASSIGNS

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5.16.1 This Agreement binds and benefits the Parties and their legal successors and

permitted assigns; however, this provision does not alter the restrictions on assignment and disposal of assets set out in the following paragraph. This Agreement does not create any personal liability on the part of any officer or agent of the City.

5.17 BUSINESS STRUCTURE AND ASSIGNMENTS

5.17.1 Contractor shall not assign this Agreement at law or otherwise or dispose of all or substantially all of its assets without the Director’s prior written consent. Nothing in this clause, however, prevents the assignment of accounts receivable or the creation of a security interest under Section 9.406 of the Texas Business & Commerce Code. In the case of such an assignment, Contractor shall immediately furnish the Director and CPO with proof of the assignment and the name, telephone number, and address of the Assignee and a clear identification of the fees to be paid to the Assignee.

5.17.2 Contractor shall not delegate any portion of its performance under this Agreement without the Director’s prior written consent.

5.18 REMEDIES CUMULATIVE

5.18.1 Unless otherwise specified elsewhere in this Agreement, the rights and remedies contained in this Agreement are not exclusive, but are cumulative of all rights and remedies that exist now or in the future. Neither Party may terminate its duties under this Agreement except in accordance with its provisions.

5.19 CONTRACTOR DEBT

5.19.1 IF CONTRACTOR, AT ANY TIME DURING THE TERM OF THIS AGREEMENT, INCURS A DEBT, AS THE WORD IS DEFINED IN SECTION 15-122 OF THE HOUSTON CITY CODE OF ORDINANCES, IT SHALL IMMEDIATELY NOTIFY THE CITY CONTROLLER IN WRITING. IF THE CITY CONTROLLER BECOMES AWARE THAT CONTRACTOR HAS INCURRED A DEBT, HE OR SHE SHALL IMMEDIATELY NOTIFY CONTRACTOR IN WRITING. IF CONTRACTOR DOES NOT PAY THE DEBT WITHIN 30 DAYS OF EITHER SUCH NOTIFICATION, THE CITY CONTROLLER MAY DEDUCT FUNDS IN AN AMOUNT EQUAL TO THE DEBT FROM ANY PAYMENTS OWED TO CONTRACTOR UNDER THIS AGREEMENT, AND CONTRACTOR WAIVES ANY RECOURSE THEREFOR. CONTRACTOR SHALL FILE A NEW AFFIDAVIT OF OWNERSHIP, USING THE FORM DESIGNATED BY CITY, BETWEEN FEBRUARY 1 AND MARCH 1 OF EVERY YEAR DURING THE TERM OF THIS AGREEMENT.

EXHIBIT “A”

DEFINITIONS

In addition to the words and terms defined elsewhere in this Agreement, the following terms have the meanings set out below. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words in the singular include the plural. The word “shall” is always mandatory and not merely permissive.

1. “Agreement” means this contract between the Parties, including all exhibits and any written amendments authorized by City Council and Contractor.

2. “Arc Flash” (also called a flashover) means a type of electrical explosion or discharge that results from a low-impedance connection through air to ground or another voltage phase in an electrical system.

3. “Business Day” means any calendar day except Saturdays, Sundays and full-day holidays for employees of the City (as designated by City Council).

4. “Chief Procurement Officer” (“CPO”) means the Chief Procurement Officer of the City of Houston, as set forth in Chapter 15 of the Houston Code of Ordinances.

5. “City” is defined in the preamble of this Agreement and includes its successors and permitted assigns.

6. “Contract Charges” means the charges that accrue during a given month as defined in Article III.

7. “Contract Technical Representative” (“CTR”) means the department representative generally responsible for the verification of services invoiced, maintenance of record of available funds, compliance with terms of the contract and review of contract at time of renewal. The CTR acts as the contact person for day to day contract administration.

8. “Contracting Officer Representative” (“COR”) means the department representative authorized to start and request termination of the contract, approves payment of invoices and provides guidance to CTR and/or UDR.

9. “Contractor” is defined in the preamble of this Agreement and includes its successors and assigns.

10. “Countersignature Date” means the date shown as the date countersigned on the signature page of this Agreement.

11. “Director” means the Director of the Houston Public Works Department or such other person as he or she designates.

12. “Documents” mean notes, manuals, notebooks, plans, computations, computer databases and diskettes, software, tabulations, exhibits, reports, underlying data, charts, analyses, maps, letters, models, forms, photographs, the original tracings of all drawings and plans, and other work products (and any modifications or improvements to them) that Contractor prepares or provides under this Agreement.

13. “Effective Date” means the date this Agreement is countersigned by the City Controller.

14. “Hazardous Materials” is defined in Article II (Environmental Laws) of this Agreement

15. “Kilovolt” (“KV”) means a unit of electromotive force, equal to 1000 volts.

16. “Notice to Proceed” means a written communication from the Director or the CPO to Contractor instructing Contractor to begin performance.

17. “Party” or “Parties” means one or all of the entities set out in the Preamble who are bound by this Agreement.

18. “User Department Representative” (“UDR”) – generally responsible for administering day to day activities of specific contracts, maintaining a record and ensuring availability of funds, ensuring warranty requirements of contracts are protected and adhered by Contractor.

EXHIBIT “B”

SCOPE OF SERVICES

EXHIBIT “C”

DRUG POLICY COMPLIANCE AGREEMENT I, , ,

(Name) (Title) as an owner or officer of _______________________________________________ (Contractor)

(Name of Company) have authority to bind Contractor with respect to its bid, offer or performance of any and all contracts it may enter into with the City of Houston; and that by making this Agreement, I affirm that the Contractor is aware of and by the time the contract is awarded will be bound by and agree to designate appropriate safety impact positions for company employee positions, and to comply with the following requirements before the City issues a notice to proceed:

1. Develop and implement a written Drug Free Workplace Policy and related drug testing procedures for the Contractor that meet the criteria and requirements established by the Mayor’s Amended Policy on Drug Detection and Deterrence (Mayor’s Drug Policy) and the Mayor’s Drug Detection and Deterrence Procedures for Contractors (Executive Order No. 1-31).

2. Obtain a facility to collect urine samples consistent with Health and Human

Services (HHS) guidelines and a HHS certified drug testing laboratory to perform the drug tests.

3. Monitor and keep records of drug tests given and the results; and upon request

from the City of Houston, provide confirmation of such testing and results.

4. Submit semi-annual Drug Policy Compliance Declarations. I affirm on behalf of the Contractor that full compliance with the Mayor’s Drug Policy and Executive Order No. 1-31 is a material condition of the contract with the City of Houston. I further acknowledge that falsification, failure to comply with or failure to timely submit declarations and/or documentation in compliance with the Mayor’s Drug Policy and/or Executive Order No. 1-31 will be considered a breach of the contract with the City and may result in non-award or termination of the contract by the City of Houston. _____________________ _______________________________ Date Contractor Name _______________________________ Signature _____________________________ Title

EXHIBIT “D”

CONTRACTOR’S CERTIFICATION OF NO SAFETY IMPACT POSITIONS IN PERFORMANCE OF A CITY CONTRACT

I, , ,

(Name) (Title) as an owner or officer of _______________________________________________ (Contractor)

(Name of Company) have authority to bind the Contractor with respect to its bid, and hereby certify that Contractor has no employee safety impact positions, as defined in §5.18 of Executive Order No. 1-31, that will be involved in performing _______________________________________________________.

(Project) Contractor agrees and covenants that it shall immediately notify the City of Houston Director of Human Resources if any safety impact positions are established to provide services in performing this City Contract. _________________ ___________________________________ (Date) (Typed or Printed Name)

___________________________________ (Signature)

___________________________________ (Title)

EXHIBIT “E”

DRUG POLICY COMPLIANCE DECLARATION I, _________________________________________________________ ________ as an owner or

(Name) (Print/Type) (Title) officer of _____________________ (Contractor) (Name of Company), have personal knowledge and full authority to make the following declarations: This reporting period covers the preceding 6 months from to , . ________ Initials

A written Drug Free Workplace Policy has been implemented and employees notified. The Policy meets the criteria established by the Mayor’s Amended Policy on Drug Detection and Deterrence (Mayor’s Policy).

________ Initials

Written drug testing procedures have been implemented in conformity with the Mayor’s Drug Detection and Deterrence Procedures for Contractors, Executive Order No. 1-31. Employees have been notified of such procedures.

________ Initials

Collection/testing has been conducted in compliance with federal Health and Human Services (HHS) guidelines.

________ Initials

Appropriate safety impact positions have been designated for employee positions performing on the City of Houston contract. The number of employees in safety impact positions during this reporting period is ____.

________ Initials

From ______ [Start date] to ______ [End date] the following test has occurred:

Random

Reasonable Suspicion

Post Accident

Total

Number Employees Tested

________

_________

_________

______

Number Employees Positive

________

_________

_________

______

Percent Employees Positive

________

_________

_________

______

________ Initials

Any employee who tested positive was immediately removed from the City worksite consistent with the Mayor’s Policy and Executive Order No. 1-31.

________ Initials

I affirm that falsification or failure to submit this declaration timely in accordance with established guidelines will be considered a breach of contract.

I declare under penalty of perjury that the affirmations made herein and all information contained in this declaration are within my personal knowledge and are true and correct. _________________ _____________________________________ (Date) (Typed or Printed Name)

______________________________________ (Signature) ______________________________________ (Title)

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EXHIBIT “F”

FEES AND COSTS