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Contract - GE Industrial Solutions - 11/9/2017 t ,I PARTS&SERVICE Industrial Solutions 1-888-434-7378 www.ge.com BUYERS INFORMATION: QUOTATION NO. DA062017-ROUNDRROCK-PBL R2 Quote Requested b John Alli ood DATE October 4,2017 Com2any City of Round Rock Address Round Rock,TX SUBMIT PURCHASE ORDER TO: Phone 512-801-4446 — GENERAL ELECTRIC INTERNATIONAL INC.(GE): ' Email 'alli ood@roundrocktexas. ov GE Contact Lil Hi ins Service Contact Justin Cummins Address GE International Inc. Phone 337-354-9436 3100 Techno]oQy Drive Ste.200 BUYER PO NO. Plano,TX.75074 DUNS# Phone 469 808 0754 972 7674291 NOTICE:This quotation is void unless accepted within 30 days from dale Email hereof and is subject to change upon notice. However,if GE elects to Ener y.Gulf ind_Orders@ e.com perform the services covered by the quotation,in response to an order REMIT PAYMENT T0: placed 30 or more days after the date of the quotation,the terms of the quotation will apply. GENERAL ELECTRIC INTERNATIONAL INC. l PO Box 281997 Atlanta,GA 30384 Work Services Description GE Industrial Solutions(GEIS)is pleased to offer this firm price proposal for the replacement of three(3)obsolete 2000AF/1600AT 480V PowerBreak Breakers with new 2000AF/1600AT PowerBreak 2 Breakers,and the replacement of three j (3)obsolete 1600AF/1600AT PowerBreak Breakers with new 1600AF/o600AT PowerBreak 2 Breakers at the City of Round Rock Water Treatment Facility in Round Rock.TX The workscope will be executed at a time that is mutually agreeable to both the Customer and GEIS. For estimating purposes,GEIS has assumed and outage will be scheduled often-hours,Monday- Thursday. GEIS is also giving the Customer the option of changing out one(1)breaker per outage 16 outages and mobilizations),or of changing out three(3)breakers per outage(2 outages and mobilizations) i I Equipment and Material Included: GEIS will provide the following material as part of this workscope: • Three(3)480V 2000 Amp Frame with 1600 Amp Trip GE PowerBreak 2 Breakers,each with I o New Trim Plate o Kirk Lock Provision o Bolt-in Construction • Three(3)480V 1600 Amp Frame with 1600 Amp Trip GE Powerbreak 2 Breaker,each with o New Trim Plate o Kirk Lock Provision o Bolt-in Construction Workscope: GEIS will provide the manpower and material listed above to replace the existing Main-Tie-Main(M-T-M)Powerbreak breakers with new Powerbreak 2 breakers in two(2)switchboard line-ups at the City of Round Rock Water Treatment Facility.The existing M-T-M kirk interlock scheme will be replicated and confirmed. The new PowerBreak 2 breakers will be commissioned as follows LOW VOLTAGE FIX MOUNTED,INSULATED CASE CIRCUIT BREAKERS • The circuit breaker will be manually operated and inspected for proper open and close operation. The primary contact resistance of each phase will be measured with a ductor and recorded. • Using a megohmeter measure phase-to-phase and phase-to-ground insulation resistance. • The circuit breakers equipped with solid state or microprocessor programmers (LSI) will be tested with via secondary current injection. The existing trip unit settings will be duplicated within the new Entelliguord Trip Units. • The kirk lock M-T-M scheme will be verified to match the existing Upon completion of the installation and commissioning,GEIS will provide one(1)electronic copy of on Engineering Appraisal Report to include the following: • Workscope • Equipment • Test Procedures and Data Sheets • Conclusions and Recommendations Quota Number DA06201TROUNDUM P02 A2 GEConrWenthl and Praprletary Page I and IndServ1ce_5tandatd Propaaal Templale_102316 RlVA i I Price,Terms and Conditions i GE will provide the material and services,as described above,for the following firm price: One Hundred Eighty-Six Thousand Dollars ................................_............................ ..... $186,000.00(USD) Breakout Pricing as follows: Three(3)2000AF Breakers ................................................................................ ................................... $ 67,160.00(LOT) Three(3)1600A Breakers.............................................................................................................................. $ 64,375.00(LOT) Installation and Commissioning(6 Breakers).......... ........................................................................ $ 54,465.00(LOT) Note:Breakouts for accounting purposes only.Price above is contingent on complete package purchase + Price is valid for work completed by March,2018 • Invoicels)to be issued upon receipt of equipment and completion of workscope • Payment Terms:Net 30 days from the date of invoice. • Pricing does not include any applicable taxes,permits and licensing fees, The sale of any service and products,and the integration thereof,ordered by the Buyer is expressly conditioned upon the terms and conditions contained in this quotation and Terms and Conditions for Sale of Products and Services Form ES 104 (Rev 4)("Terms and Conditions")as attached hereto. Any additional or different terms and conditions proposed by the Buyer of any time are expressly objected to and will not be binding upon GE unless specifically agreed to in writing by GE's authorized representative. Any order for,or any statement of intent to purchase hereunder,or any direction to perform work and GE's performance of work shall constitute assent to the Terms and Conditions. Oral ogreements and/or commitments to perform services are not enforceable. Additional Services Should the Buyer desire to have GE perform additional services beyond the scope of services described in this proposal,a change order request will be submitted for the additional associated costs,No additional services shall proceed without written authorization from the Buyer. Additional services will be performed per our published rates for Service,applicable of the time that worked is performed,including work that extends through the weekend/holiday.The current rates for Service can be found in Attachment"A". Buyer's Responsibilities The Buyer's responsibilities shall include,but are not limited to,the following: • Issue switching orders,schedule outages,and de-energize the electrical apparatus,including Lock-Out Tag-Out (LOTO)of oil systems associated with GE's work scope involved in the project. LOTO procedures shall meet or exceed Contractor or GE's requirements,whichever are more stringent. • Prior to the start of the on-site work,Buyer shall familiarize GE personnel with their safety practices,regulations in effect at jobsite,and any chemical and physical hazards,including process safety issues associated with the work environment. GE shall be under no obligation to commence work unless safety practices are acceptable to GE. As o safety precaution,prior to the commencement of work,access to a nearby telephone with the ability to call outside the facility will be provided by Buyer,as well as telephone numbers for local emergency services. • Buyer will dispose of all wastes generated at the work site.Buyer will be responsible for environmental conditions and will keep the equipment free of contaminants that would be detrimental to the performance of the equipment. • Buyer shall be responsible for the removal and replacement of any obstructions that may interfere with access to or removal of the existing equipment • Buyer will provide an experienced electrician or electrical supervisor familiar with the power distribution system and trained in electrical safety and emergency response procedures including CPR,AED,and first aid for purposes of: - Directing GE personnel in identifying and isolating the proper electrical equipment. - Shutting down electrical equipment in an emergency and providing emergency response during high risk operations including electrical work when a single GE representative is dispatched.This person must be visually present during all electrical work and high risk operations.If not present then GE will stop work and notify the Buyer. - Complying with OSHA 1910.269(1)11)and 1910.269(b) • Buyer will provide all"special"maintenance tools including:closing handles,test couplers,closing jacks,lifting devices,breaker cars/lift trucks,etc.,furnished or defined by the original equipment manufacturer(s). • Buyer shall provide one(1)copy of existing system schematics,drawings and other information regarding the equipment/site that is needed,and be responsible for the accuracy of some and verbal information concerning existing conditions and wiring. Quote Number DA062017 AOUNDRAM P82 82 GE ConGdentlaland Proprietary Page 2 of il IndService—Standard Proposal—remplate_102316 ReVA I: • All communication between,including meetings,all documents,notes on drawings,and submissions required under contract,shall be in the English language.Any language translation,of required,will be the responsibility of the Buyer. • Buyer must supply minimum power supply of 12oV,1-Phase,power source,if necessary. • Buyerwill provide/operate/maintain services for drinking water,sanitary facilities,parking,trash containers,and lighting. • Buyer to provide craft labor with tools and equipment to assist field engineer working on site,if necessary. • Buyer to supply,operate,and maintain all standard services to the site facility,such as electric power,lighting,water, air,etc.,if required.Backup for these systems is not included in this proposal.These services are to be made available to GE,including a suitable source of 60Hz 120/240 volts AC,unless otherwise provided herein. • Buyer to provide,and be responsible for,applicable codes,standard,laws,regulatory requirements,etc,required for the development of functional specification and system design and operation, • Buyer shall be responsible for the review of the installation to assure compliance with applicable codes.It is the intention of GE to comply with the applicable codes,standards,laws,regulatory requirements,etc.;however,by law it is the responsibility of the Buyer for compliance of the total installation.GE would be pleased to quote any additional features or equipment that the Buyer deems necessary to meet these requirements. I Assumptions and Clarifications j • On-site work will be performed at a time that is mutually agreeable to both the Customer and GEIS,Monday-Friday, i 0$:00-17:00,excluding Holidays and Weekends Any items or services not specifically outlined herein ore not included. • Circuit breakers equipped with thermal or thermal-magnetic trips (Molded Case Breakers) will not be tested via primary current injection • Relay and trip unit settings will be provided by others in an electronic software format. • Data Mapping,set-points and communication with new or existing equipment is not included within this scope. • GE assumes and is relying on the fact that any informotion furnished by Buyer is accurate and complete. To the extent that GE obtains actual knowledge of any conditions with the equipment and/or the conditions at site are in addition to and/or different from those indicated in the Buyer's furnished documentation/information and/or there is a previously unknown physical condition that is found with the equipment and/or at the site,GE shall notify the Buyer. if such condition(s)exist and this causes on increase in GE's cost of and/or the time required for the performance of any part of the work under a contract,an equitable adjustment may be made,including without limitation,to the price and/or schedule. • With the exception of delays beyond the control of GE,no additional work scope shall proceed without the written authorization of the Buyer. • Should any unforeseen work delays beyond the control of GE occur,including those as a result of malfunctions or deficiencies encountered with the equipment(unless caused by GE)or should the Buyer desire to have GE perform work beyond the scope of work described in this proposal,that work will be billed at the published rates in effect at the time of performance of that the work scope and will apply to ail GE project management,field engineers,field engineering service technicians and/or craftsmen. • GE expressly objects to any requirements,methods or conditions contained in any Buyer request that are not specifically addressed in this document,and such requirements,methods and conditions,if any,ore outside the scope of this proposal, • Schedule: Unless otherwise stated in the scope,all work will be performed on o straight time basis.All work is to be performed on a mutually agreeable schedule,The foregoing work as described under work scope shall be performed during normal working hours Monday through Friday,Holidays excepted.If work is performed on an overtime basis, the premium for the time spent and other applicable cost will be billed in addition to the price quoted and will be billed at our published rates in effect at the time work is performed.Time and expense of GE employees'travel from their headquarters to work site and return,shall be considered as time worked.GE requires a minimum two(2)weeks advance notice to ensure availability of resources. • The services shall be considered"Substantially Complete"when the services to be performed by GE or the designated portion thereof,are sufficiently complete in accordance with the contract documents,so that the Buyer can occupy or use the services or portion thereof for its/their intended use. For products only order,"substantially complete" shall mean the date of shipment of the products.A"Punchlist"is to be developed upon"Substantial Completion,"and GE's standard warranty shall provide coverage(when applicable)for issues that occur after"Substantial Completion. "Final Project Completion"shall be reached when all contractual responsibilities hove been met and the final bill issued. Quote Numbn CA062017•ROUNDAROCK PB2 R2 GE Confldenllaland Proplielary Page 1 of B IndScrvlce Standard_Plopotal Yemplate-102316 AevA GENERAL ELECTRIC INTERNATIONAL,INC, BUYER: By: Ro erAndrews Company: Title: Senior Sales Manager By: (Signature) Email: ro er.ondrews@ge.com Title: Phone: 2281-740-2145 1 Fax: Email Date: This proposal and specification are submitted in confidence solely for use in consideration of the merits of the offering and for no other direct or indirect use by Buyer and its contents are proprietary to GE, In taking receipt of this document,Buyer agrees not to reveal its contents except to those in its own organization who must evaluate it,to use this document and the information that it contains exclusively for the above-stated purpose and to avoid disclosure of the information to competitor of GE. I I i I i , I Quote Number,DACS2017•ROUNDAROCK."?A2 GE ConRdent(al and Proprktary Pago d of e IndSeroire„Standard_Prapoial Templile.102316 AevA USA Commercial Rotes for Industnal Services Effective. Mara,2017 i 8-Hour Daily Rates US,Dollar GE Energy Connection's field service engineers and consulting SW*A0*90ipaan workday Sourday Sunday experts are on call to provide a wide range of service and repairs on hell St1v+= Homw ,Addt goca JZM 13,014 ;3,gsa both GE and non-GE equipment and engineered systems in Speo(A=dAekIErqnecr U55213,107 Eci'm4 ijitaxr V.515Sag! • Industrial and Balance-Of-Plant Power Plant Systems. 5evtx centra For more tat amaaon contact your bead cE cMa or cull our 140 aattomtr sttvkta carts at I t"34.73a i, 56YYiC Cry wast 114(1 J131R958 rx5l10J87d811arvtskurat er can" a eadv J Y TT33 scuctTere C IM IM 5066 Typical Instagations,Services,Repots,and Products, S • rraadmswltnd+.dttgFkdtarrd Ekcoxd FFid6LIt3 Tooling Rates Pmr OtIv ry Eq.rpment • Motam,Urn=otdContrehEq.lpment R Canem 1 . 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Phisd+lxrw-- •9,ttfigmr .'the StartdardondApptwbiemiesshnnonthtssheettazumethotwimaebmgperformedo1olo=cni •t+krhorlml tha a not s1 bpd to a La Atm Pttmun whdt son tddtmnd dta*ore tha may be asezed fa rernome •H78oglacbicil.Nx}orrml6Controt9 rcar%Rnenk mr red orafffiore uork sato Firer co to GE to see da taoabtm Rernarn appka to your locationOr Ouate Number DA062017 ROUNDAROCK P02 Al GE Conadentlal and Propcetary Page S at e IndServ'co_Standard_Ptapotal template 10231GRevA I Terms and Conditions for Sale of Products and Services Form ES 104(Rev.4) c NOTICE Sale of any Products orSenices Is expressly eondtltaned on Buyers assent to theso Terms and Conditions Any acceptance of Stller's offer U expressly limited to acccPrance of Ihese Tums and Conditions and Seller rxprestl)objects to any additional or dirrercnl tans proposed by Buyer No facday curry•farm shall modify these Terms and Conditions even tf signed by Seller's iepicsentalsvo Any order its petfurm wvitc and Seller's petfatnunce of nark shall eonsmute Buyer's assent to these Terns and Candiliont Unless olltanvne specified to flit qusts0ori.Seller's quutstton shall axpuc 70 days from its dare and ! may be modified or nuhdrawn by Seller heroic receipt of Dtty Ws conforming acceptance 1 Definitions exportailon or Interemmu onily shipment accrpmble to the Wet•ant las and custom aulhetisks Notwliksmiding Bu)rf'means Ute envoy to which Seller Is providing Products or Senices under the Contract the furcrDlrgl.Seller grants only a liccase,and does not pas title,(ar any software pto%idcd by SclIcT under this "Contract'means elther the contract agreement signed by both paroles,or the purchase order signed by Contras,and We:to any teased equipment remains pith Seller Buyer and accepted by Seller in writing,for the tale of Products or Strikes,together with Ihne Terms and 4 3 Risk of los shall piss to Buyer upon delivery pursuant to Section i 1,except[hat far cxpors Conditions,Seller's final quotation,the agreed eccPds)Of woe and Seller's order acknowledstemem In the sidpmens from the US,dsk of loo slull Irmsfct to Buytr upon title passage event of any conflict,this Temic and Conditions shall rake precedence over other dneumcnns Included In the 4 4 If any Products to be delnered under slits Contract or irony Buyer equipment repaucd st Seller's Cunbact facilities cannot be shipped to or teccivtd by Buyer when ready duo to any cause 3wilwtabic to Buyer of its "Contract Price"means the ogtctd price slmcd in the Contract br the sale of Products and Servlees, other contractors.Seller troy ship die Producu and equipment to a storage facility,including siongo at the Including adjustments Ilfany)In aetardmca with the Contract place of m mulaicture or repair,or to an agreed freight forwarder if Sclicr plata Products or equipment into "Hazardous hfasonali'meant any Ionic or haurdow substance hazardous material,dangerous or ssaragc,the fallowtn;apply (II tills:and risk of los immedialely pass to Buyer.If they have not abeady hazardous waste~daryaous goad,rcdinactite rmaierial,petroleum or petrolcum•deriycd products os by pmird,and dclhery shall be deemed to have aroused.iii)any amounts others lie payable to Seller upon Products,or any oiler chemical.substance,mutedal or emhsion.that Is regulated,luted or controlled pursuart deliveryor shipment shall he due,fill,all a pcnscs and charges incurred by Seller related to the sinrage dull be to any national,slate,proslnci4l,critical late,statute,ordlrunce,directive,regulation orosber legal requbemeru payable by Buyer upon stibmus000 of Sellei r invoeos,and(t%)%two conditions pcinin and upon payment of efdtt United States CU S'1 or the country of the Site all amounts due,Scllcrshall=lie Products and repaired equipment a%allablc to Buyer for deGycry. "InsohYnslBsntsvpt"meant that o pany is mmlveol,makes an sssilnme l for the benefit of its 4 S Irrepair Services are to be performed on Buyer's equipment at Seller's facility,Buyer shall bt creditors.has a receiter err inance appointed for it or any orlls Luels.or flits err hu Med against it a proceeding mirunsibk rot,and shall retain risk of los of,such equipment at all times,except 11,31 SiclIcT shall be undcrmybankruptcy,Insolvency dissolution orllquidaiiontauit sesponsible rot damage to the equipment Mlule w Seller's facility to ole exttal such damage is caused by r 'Ptoducls"neams Ilia equipntent.,parts,maienals,supplies saft ate,and odsi goods Scllet has&Urged Seller's nrubgimee Io supply to Buyer under the Contract "Sella'mans the enthyprovidlng Products or performing Services under the Contract, 5. Warranty "Services'ntearu the services Seller has agreed to perform for BuyrT under the Contract 5-1 Seller warrants that Products shall W delivered free Rom defers in material,workmanship and lith: 'Site meals the premises where Products are used or Services are patformed,not including Seller's and that Scnices shall bd performed In a competcni,dw7fgcnt manner in accordance with any mutually agreed premises fromnldchit performsSavkes specificallons. Terms and Candhiom"means theca Terms and Condthom for Sak of Products and Smrcei'. S 1 The warranty for Products shall explce one(11.ynr from flrsl use or eighteen(iII momhs from i including any relevant addenda pursuant to Article 18,toLaher with any modifications or additional provisions delivery,whichever occurs first,except that software it warranted for ninety 190)days from dell%cry• The specifically allied to Seller's finol quawlio.or spccirically agreed upon by Seller in netting warranty for Service shah expire one(1))car alter performance of the Service,except that saflxrue•reWed Sm'ices arc warranted for ninety('101 days, 1. Paymrnl 3 3 U Products or Smites do not reel tit above nariansks,Du)er dull promptly nosily Seller In :11 Buyer shall pay Seller for the Products and Services by paying all invoiced amounts In U S dollars, writing prior 10 txpirallon of the warranty period. Seiler shall(il at 4%option,repair or replace defenlve without sit-aRfarmypaymenr tom Seller not due under this Contract,within Ihiny(301 days from lire Invoice Products and Oil reperform deketne Services if despite Seller's reasonable orrons,a rwn•conforming j date.1f the Contract Price Is less than U S Tito Hundred Flily Thousand Dollars(5250,000),Seller shall issue Product eannat be repaired ar replaced,or non•conforming Services cannni bete performed,Seller shall refund Invoices upon shipment orProducls and m Services arc paroancd iritic Comuaciprice is U S Two Hundred or credit monies paid by Buyer for such non•coarorming Products and Services, Warranty repair,repbcement Fifty Thousand Dollars(3230,000)or miore,progress payments shall be Invoiced starting with tncntyfivc or ro-perfomwct:by Seller shall not extend or rcnnv the applicable wammy period Buyer shall obtain patent(25141 of the Catxmct Price for Products and Smka upon the culier orContracl signature at Issuance Seller's agreeniuns on the spUificuioni of any tens it pians to conduct to doernune"Bober a non- of Seller's order aclnowfedgeotcat and continuing such that ninety percent(w.)or the Contract Price for eanfumanee esists. Producu Is received before the earliest ichcdulcd Product shipment and Sm-k=arc Invoked as perfatuied 3 4 Buyer shall bear the costs of access for Seller's remedial warranty clTans(including removal and I Ticgrm P&ymums71 Far each calendar march.or Iranian ihoteof that Pa)mam if Isle.Buyer shall pay it Tepiacemcat of systems iltudures of other pins of Buy'er's facility), de•insallsilon, deeamaminsllon, late payment chu tr computed at the rate of 1314 per marsh on the o%nduc balance,or the maximum rate rc4ruiAlation and transportation of defecilve Products toSclla and back to Buyer pentrdtted bylaw,whkhevrrls less 5 S The warranties and remedies are conditioned upon(a)proper storage,Irutaltation,use,aperatlon. 1.3 As and If requested by Seller.Buyer shall at ks expcow establish and keep In Corte payment and maintenance of Products,(b)Buyer keeping accurate and complete records of openlion and mainienance security In the farts of an Irrevocable,uncondittorul,sism letter or credit or bank guarantee allowing for pro. during rte warranty perlcd and proeidmy;,Sclkr access to those records,and(e)modification or repair or rain payments as Products me shipped and Services are paforuvd,plus payment of cancellation and Products or Services only ser authorizer!by Seller In wrlttag. Failure to meet any such comfltians rerden the Ieemmaton chugs,and all other anosatb due from Buyer under the Contrast("Payment Sceunny") The warranty null and void Seller h not responsible fur nomul wearand tear. Payment Security shall be(a)in a form,and luted oc confirmed by a bank acceptable to Seller,(b)payable at 3 6 Thu Article i provides the exclusive nernedies for all claims based an failure of or dereci in the counters arsuch acreptab!e buds or negotiating bands,(c)opened at Last slay 160)days prior to both The Products or Services,regardless o(lvhen the fcilurc err defect arises,and whether a claim,hon ever described.It earliest scheduled shipment of Products and commencement of Sen'ices,and(d)remain In effect until the talat based on contract,warranty,indemnity,iaMstra•comractual liability(Including negligence),strict!lability or of nlnely(40)days ober the last scheduled Product s}upment,eomplrsien of all Sen-rcai and Seller's receipt or otherwise The warrants pro%ided in this Mick 5 arc eaclush a and are in lice or all other warranties, the Anal paymeN required urtla the Contract Buyer slut[,al its expense,increase the amuum{s),etlend the conditions and guarantees wheiber%vrinen,oral,Implied or nalurory NO IMPLIED OR STATUTORY validity periodic)and nuke other appropriate modifications io any Payment Security within ten(iD)days of WARRANTY,OR WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A Seller's noltOcsiton flat such adjunnsent is necessary m connection nth Buyer's obligations under the PARTICULAR PURPOSE APPLIES Contract 2 3 Seller is not required to commence or eominue Is per(hrnance unless and urull any required 6. Co ildmilailly Payment Security is received,operative and M effect and all applicable Progress Payments have been Ieeelwed 6 l Scllet and Buyer las to nnformuuon dtscW%d,the'Duclosmg Party I mty each provide the other For each day ardelsy In rathIng Progress Payments oracceplable Payment Security,Seller shill be entitled to panty(as to information recerved,the"Receiving Panry`I%nth Confidential Infarmshan to connection with this a notching exkmwn of the schedule If at any time Seller scasnaably determines that Buyer's financial Contract 'Confidmiul Inforiattan'means(a)utrainwran that is designated in writing as"conlid_ntial"or condition or payment history does not justify continuation of Shcer's pecraimance,Seller shall be cnoikd tti "ptopnetary"by Disclosing Party as the amu of waren disclosure,and(b)information that is orally designated require hull or partial paymcra In advance or othcnwise ri ssruaure payments,request addhionsl Como of as"conrtdenlml"or"proprmtuy"by Disclosing Party at de umeafar l or visual disclosure and is confirmed to Payment Security.suspend ksperfarmarceerlemnhiatetheContract be"(tsidenlial•'or-ptopntlary"in A-nttnl within tucnty(20)days alter Ike oral or visual disclosure In addition.prices for Products and Services shall be considered Seller's Conridenmil htformatmn Taxes and Duties 6.2 R cI inu Pany agrees(I)to use Ile Confidential information oaly In connection%vmh she Comntct Seller shall be resporuible for all corporate taxes measured by net iseeme due to perfotniece of or and use or products aria Services,(ii)to sake roasoruble measures to prevent disclosure of the Confidential paymmi for nark under this Contract("Seller Taxes') Boyer shall be tiespomtbic for all taxa,dirties.ices or information to third panics,and(U)woo so disclose the Confidential lnfarom0cis io a competitor orDisclosing nlher chuges orany Amore(including,but not limited to.consumption.gross recelpts,import,properly,sales. Party. Noiwlhslandinl these restrictions,(a)Seller may disclose Confidential Information to its alydiaies and stamp,turnover,use,or value-added taxes,and all Hems of withholding,deficiency,penalty,addition to tax, subtantranors In cannecllon%rich performance of thcConima.(b)s Receiving Party may disclose Confidcmial Imeren,or asseurnent related thcrcio,Imposed by any goternmensai authority on Buyer or Selkr or its Inlmmatien ID Its auditors,(c)Buyer guy disclose Confidential horarnsitan to lenlris as necessary ror Buyer subcontractors)in fetation to the Contract or rhe Performance of ar payment for wvork under the Comma other to secure or retain financins needed to perform Its Obligations under the Contract.and(d)a Retching?any than Sclkr Tales('Buyer Taxes'), The Contract Price does not include the amount of any Buyer Taxes it may disclose Conlideniial hnrormation to any other third party with the prior Written perrrissioo of bisciosing Buyer deducts or withholds Buyer Taxes,Buyer shall pay add;tional amounts so that Seller receives the full Party,and In cath cue,only so long as the Recti ing Party obtains a non•diulasure commitment from say Contract Price without reduction for Buyer Taxes Buyer shall provide to Seller,within one marsh orpoymen4 such subcontractors,aud4on.lenders or at herpetmllscd thin(parry ItuI prohbitt disclosure of the Confident ul oillicial receipts%in the applicable Savcmuncruall authority for deducted or n-liliheld msm infomailon and provided 6aaher dial the Receiving Party remains responsible rot any unaudoriaed use w disclosure of the Confidential Infatuation. Receiving Party shalt upon request return to Disclosing Party or 4. Detb•erlesi Title Irmnsfer,Risk of Loss;Storage destroy all copies of Confidential Inlornaiian escgA to the extenl(hut a specific proeblon of the Contract 4.1 For shipments That do woe mvwoh.eapant,mckdmg shipments from oat European Union('CU') emitles Racking Pany to nsoln an item ofCenfldemlal tnfarmaiioa Seller may also retain and archive copy country in another EU country,Seller shall deliver Pioducts to Buyer FCA Seller's facility or warehouse orDuyer'sConfidential Information. (ancien=30101 Fer export shipments.Seller shall delh•tr Ptcduns to Buyer FCA Pon mf Espen(lncoictrs 6 3 The obligations under this Arlick 6 shall not apply to any portion orthe Confldertlal information 3010) Buyer shall pay all delvery costs and charges or pay Seller's standard thnppias chasyas plus up to that(U is or becomes lrnerally available 10 the public over thin as a result ofdlsclosure by Receiving Pany, twour-Rive(:5141 percent. Partial delivcr:cs arc pemdited Seller may deliver Products in ad%anee of the its repnesental'n•a or its affiliates.(ii)Is or becomes axaUable to Receiwinil Party an a nonaonfidentlal buss delivery schedule Dclivoy tints are approximate and are depcndem upon prompt receipt by Seller of all Gam a source other thus Disclosing Party when the source Is not,to the best of Rrrervsng Pany's knowledgc. informal Ion necessary to proceed whit the work wiihow intemptio s. If Products delivered do not ccirespond subject to s confidentiality obligatlon to Disclosing Party;Ifil)is Independently detetoped by Receiving Party in quantity,type or price to these Uemtzcd In the shipping Invoice or docamantathtin.Buyer shall so notlry Its representatives or Se!(er within len(10)days after receipt. 4.2 For uddpmcals Ibis do not involve export.Idle to Products shall put so Buyer upon delivery in afiillates,without rderence to the Confidcruial Infotuutton;I h')is required to be disclosed by faw or valid legal accordance with Section 4 1 For export shipments from a Seller facility or warehouse outside the U S.We process provided that the Receiving Party inending to matt dbclosure in rapanse to such requirements or Shall pas to Buyer upon dcthe y in accaidance with Section 4.1, For shipments From the U S to soother process shall promptly notiry The Disclosing Party In advance of such disclosure and reasonably cooperate In country,title shall pas,to Buymr immedlalely allcr each item attempts to maintain she cotdidutiallty of the Confidential Infomuslen, 6 4 Each Disclosing Party wwarranss that it las the right to disclose the Information that it discloses Neither Buyer nor Seller shall make any public announcement about this Contract without Prior written approval departs fiom the territorial land,seas and overlying airspace of the U.S.The 1962 United Nations Comenlien of the other party. As to any individual item of Confidential lnfan asian,the restrictions under this Article 6 or the law ofthe Sea shall apply to detema)ne the US(ertileria)yeas,Far all oi►Kr shipments,title to Products shall expire rive(3)years after the daic of duclosure Article 6 does not supersede any tep2mic confidentlality shall pus to Buyer the artier of([)the pan of export Lrrmediately aflcr Products terve been cleated for txpon at nondisclosure agreemc it signed by the panics or(ii)immn:diAt ly alter each item depart from the territtarial lard,teas and overlying airspace of 16e sending courury. When Buyer arranges the export or Intemommunhy shipment,Buytr vrill provide Seller ewidence of 7. inlelll(Ital Property' Quote Number DA067017•ROUNDBROCX-POI R2 GE Confidential and Naprletary Paye 6 of 8 IndServkr_Standard Proposal Template"102316 RavA. 7 1 Seller shall defend and indemnify Bu)er Against any elAIin by a non•offdicied thud part)(a Claim) 13 1 Bu}•tr shift maintain safe working eanddlons at the Sfdc, including. without limitation, altegina:that Products or Services fumislhcd under this Contract L•ifringe a patent fit efresi hl tier U S,an EU Innplcmenting appropriate procedures regarding l(awndous Materials.confined space entry,and enngizatlan member Saxe or the wintry of the She(provided there Is a corresponding patent Isrued by the U S or an EU and de•eneruiration of poser systems(ekdrical.mechanical and hydraulic)wing safe and efftctlwe lack- member slate),or any copyright or trademark registered in the country of the Site,pros filed that Buyer(a) ouGtag-uw("LOTO"►procedures including physical LOTO at a mutually agreed upon Iktmasivc mscihwd promptly notifies Seller in writing of the Claim,(b)makes no admission of liability Ind does not lake any 0 2 Buya 311311 timely advise Seller in writing Draft applicable Slle•speeirsc health,safcty,security position adt-ame in Sella,(e)gives Seller sole outhetiiy to control defense and settlemera arthe C131m,and(d) and environmental agwremenis and procedures Without hhnhtmg Buyer's satponsibdsues under Article(3, protide Seller vvith full dtsclosureand reasanahleauimnce as required todefend the Claim Seller has she right but not the obligation to,frau if=to time,rcwlehv and inspect Applicable health,safrt), 7.2 Sccden 7.1 Shull not apply and Scllerslutf have no oblfgulon or liability with respect to any Clalm secuni)•and cmitonmcnial documentation,procedures and conditions at the Site. based upon(a)Products or Services that lave been madifscd,or is iscd,Ib)the eointalnWon crony Preducis or 13 3 If.to Scllei s tcasonablc opinion,rise heakh,sa(my.or Security of pmannel or the Site Is,or it apt Senlces%%fill other products or services when such combination is it bull of the alleged in6ingemeN.(c) to be,imperiled by tactility ticks.ItnarW acts or threats,the presence of or threat of exposure to Il=rdeue failure or buyer to Implement any update provided by Seller that would have pteemed that Clain,(dl hiatmals,or unsafe working conditions.Scllcr may.In addhion to other rights or randier avallable to it, unaahorized use of Products or Samara.or(e)Praducts at Somers nado at perfanntel to Buyer'S e%oedrale some or air of ter personnel from Site,suspend pcwrormaoce of all or any part arils Contract,unbar specifications. remacly perform or supervise work.Any such accumace 11-411 be co-shred an excusable evem Buyer that( w 7.3 Should any Product or Sen ice,or any portion thereat,became also subject or,Claim-Seller may of rcasonabfy assist fn any Such evacuation its option(al procure for Buyer the right to continue using the Product or Sen Ice,or applicable portion thereof, 13 4 Operation of Buyer's equipment as tine responubtlny of Buyer Buyer shrill not rcqunie or petiml Ib)modify or replace it In whale or Is pan to nuke it non•inrringing•or(c)railing(a)or Ib),take back Seller's personnel to opasie Buyer's equtprmill at Site fnfdnuing Products or Smices and refund the price received by Seller ottrlbutaWit to the InMnging Products or 13 S Buyer will snake its Site medical facllilles and resourcm available to Seller personnel who need Stn Ices, medical Attention it 7.1 Article 7 stases Seller's exclusive habrhty for sntellechul property infr n6ronsern by Products and 13 6 Seller las no responsibility or liability for the psc-axnsung eandUroa or Buyer's equipment or the Services- Site Prior to Scf:cr slarintg any wo:k at She,Buyer will piovido documentation that Identifies the presence and 7,5 Each party shift scants oivncrship of all Confidential(nfamation and intellectual property h had condition of any I laawdous Ahatedub cusims In at about Buyer's equipment or the Sna dist Seller nuy prior to lite Contract, All new intellectual properly conceived or created by Seller in the perrcrmrxc of Ills emeauri while ptrfosining under this Contract, Buyer Shan disclose to Seller industrial hygiene and Contract,whether alone or wrhh any contribution ken,Buyer.Sluff be owned exclusively by Seller Buyer envnanmvntal monitani%i data regarding conditions that nu)orrecl Sellers work or personnel at the Site Agrees to deliverasalcnmeni documentation attrccrusyto aehkve that result Buyer shall keep Seller Informed archangel in any such conditions 13 7 Seller shall notify Buyer If Scllc(becomes aware of If)condition):at the Silt ditfering malvrialty ( S. Indemnify fiarn that disclosed by Buyer,or(in pact tautly unknown physical conditions at Site differing nuserially from Each of 8113'e1 and Scllcr(u an'imknuufying Pavey')shall tndenvttfy,the other pony (u an Most Ofdinadly encountered and generally recognized as inherent In work of the character provided rnr In the 'InJeinnaGetl Pony")from aril against clatnur brought by a third party,an account of)x-isonal injury or damage Contract (f any such conditions cause an locrcasr in Settees cost of,or Ikt time rcritued for,performance of to the third party's tangible property,to the extent caused by the negligence a11 dice Indemnifying Pasty to any pan ofthework undcrthe Contract.an equhabfe adjustment in price and schedule shall be made. cameclion with this Contract in the ewers the injury or dassuge Is caused by joint or concurred riciftcne of t3,i If Scllcr cncountas Mwelohu blaicvials in Buyer's equipment or at the Site that regwra special Buyer and Seller,the lost or evpente shall be home by each party In proportion to lar dn,•iee of neghigcnee For hardlrng or dlspasal,Scllcr is not abllgated to cantlrAie a ark affected by the tutudous eand'Hions. In suds an purposes of Sollar's indenusny ob:ngaton,no pan orthe Products or Seto It considered third party property event,Buyer shall eliminale the hazatdous conditions In arcordance with applicable laws and regulations to that Stiler's work utter ilk Contract nuy safely proceed,and Seller shall be entitled to an equdablt adjustment of 9. Insurance thu pests and schedule to comp:nsxe for any unease in Scl(cr a coal of,at time required for,performance of During the term or the Contract,Seller%hull maintain for ht protection the fallowing insurance any pan artist work. Buyer Shall property store,irarupad and dispose Will Haaardouc Matccials Introduced, caerage(a)Worker's CornIsensaharl Employer's Lrabdiry and other statutory Insurance required by law mlh produced or ecntrated in the course of ScllW3 work at the Ste respect to work tabled Injuries or disease ofemploftes orseller In such farm())and Amountis)as required by 13 9 Suycr shall Indemnify Seller for any and all claims,d3n13ges,losses.and expenses arising{out of applicable laws,(if)Automobile Liability lnsurance with a combintrf Single limit of 52,500.000 00,and(111) or totaling to airs)Hazardous I,laterats which are or were(0 present In or about Bu)cr'n equipment or the Silo Commercial General Liability or Public Liability Insurance for bodily injury and property damage with a prior In the sonunemecaaent of Seller's work,(it)invpmperiy lundled or disposed of by Buyer or Buyer's combined single limit of smilo,o000o if required In the Contract.Seller shall provide a etrilryeale of employees,agents,conaraciars at subcontractors,or(lilt brought,generated,produced or released on Site by instrance reflecting such coverage putks other than Seller 10, Excusable Events N, Chi muss Seller shall nes be liable or considered In breach of its obligailons under ibis Contract to the ettent that 1.1 1 Each party truly at any time propose changes in the schedule or scope of Products or Savior Seller's parforfunce is delayed or preented,directly or indirectly,by any cause beyand its reasonable control, Seller Is not ob plied to proceed whh any charge until both parties agree upon suds change in writing.The or by armed conflict.Bas or threats of tetrodsm,rptdemics,strikes or other labor daturbances,at acts or %dilen ciunge documentaifon will describe esu changes in scope And schedule,and the resulllng changes In omissiors of3ny governmental Imhonf or of the Buyer or Buyer's comractors or suppliers Iran excusable price and other provisions.as agreed, etem occurs.Ihv schedule for Seller's performance Shall W r-mendtd by the arrows ormmc tail by reuort of la 2 The scope,Contract Pike.schedule.and Other provisions win be equitably adjusted to reflect the Hent plus such additional time as may be needed to overcome the efreet of Iia event (roeis or orriWlons additional calls of obligations mitred by Sega resulting front a change,alley Seka(S ptopotal date,in of the buyer or its contractors or suppliers Cause the deby.Seller thshi also be entitled to an equitable price Buyer's Sste•speclfle reghhhrcmcnls or procedures,satin IndistrySptcifieatiow,c odes,standards,applicable lases adjasimenl c r ictuixthans However,no 24ustmieat well be nude an account cita,general change an Seller's nhsnufaceunng or repair 401ilics resulting from a clunie in(Secs or regulations applieabde to such kcilitics Unless othrnwise 111. Terminallan anal Suspension agreed by the panics,pricing for additional v%ork aming from such chtanuos shall be at Seller's Iuma and 11 1 Buya may laminate the Contract tot the portion affected)for cause If Seller(1)bewares marrrlal(Ates lntolvevd,73anktupt, or(ill)comemhs a nuiertal breach of the Comr"ct which m h does nothrnvisc have a Specified 143 It stall be acceptable and not considered a change If Seller drillers a Product that bests a dfffaens, contractual remedy,provided that(a)Buyer shalt fast protide Seller wph detailed written notice of the breach superseding or mt•%v pan or version number compare.)in the pan or version number Iiucd in lll:Contract Arid of Buyvf s mhaniwm to terminate Iho Cortcae,And(b)Sellar shall have rail ad,within 30 days ancr receipt of the notice,to commence and dIligencly pursue cure of the breach. 15, Limitations of Lfabl0f• 111 1f Buyer lerminata the Contract pursuant to Section l l I,(i)Seller shall telnburse Buyer the 15,1 The joist lfabilhy of Seller for ail claims*rally kind arising from or related to the rannulan, difference bemv«n that portion orthe Conar_ct Price allocable to the imnlnascd scope and the actual amounts performance or(reach of this Contract,or any products or Services.shall not exceed The(il Contract Price,or actionably Incurred by Buyer to complete that scope,and(ll)Buyer Shrill pay to Seller(a)the portion of the (lil If Buya places multiple orders)under the Contract,the price of tach particular order rot all claims arising Cadraet Price allocable to Products oorep)eted,(b)leve fees Incurred,and(e)atmuns for Sen kcs performed Isom or rdaled to that order and len thousand!US dollars(US S 10,000)for an claims not pan crony particular before the effective date of termination. The Amount due for Services shall be determined in Accordance with order the milestone schedule(for completed milestones)and rates sei faith Im the Contract Cray work toward IS 2 Seller shall not be liable far lou of profit or rnenucs,loss of use of equipment or systems, mifntnrhes not yet achicied and%where shift:Is no milestone schedule),as applicable or,where there arc no interruption of business,cost of replacement power,cost ofcapttal,dowalrme costs,in ci esstd operating costs, milestones and/or rates in the Contract.at Seller's illm-currem standard time Aad material rata. an)special,consequential,incidents),mducci or putative damages,or claim arBuya's customers for Any of 11.3 Seller may suspend or Icrmfnate the Contract(or any affected porion thenar)Immediately for the fosegoiei typo ofdamagcs cause If Buyer(1)becomes I soh•eafBankrupa.or(ill reulaully breaches the Contract,including,but rex IS 3 All Sella 113bl1hy shill end upon expiratlan of the applicable warranty period,provided slut Bu)er limited to,failure or delay fit Buyer providing Payment Security,making any psymcm when due,or fulfilling may continue to enforce a claim for which It his given notice prior to that date by commencing an action or any payment comilklons ubitramon,as applicable under this Contract,hernia exp(ratlon or any stature of limitations or alar 1eg31 time It J If ilia Contract tot any penton dialect)is terminated for any reason allies than Seller's deraull limitation but in so event later than one year after nplration ofsuch warradyperiol under Section 11 1,Buyer Shull pay Seller for all Products completed.lease fees incurred anJ Seniees 15.1 Seller shall not be liable for adv ice or assistance that Is not required rot she work scup:under this performed before the effective date of terminations,plot txpenm reasonably incurred by Sedlcs in connection Contract whh the IcrmlaWats. The Amount due far Services%130 be determined in ucordAnce vriah the milestone schedule(for completed milestones)and sates Sri forth In the Contract(far walk toward milestones"I yet IS S If Buyer Is supplying Products or Srn•fees to a third party,or using Prcducls or Semiees at A achieved and where tore is no milestone schedule),as applicable or,where there ase no milestones and or rules faddy ot%ned by a third party,Buyer shall either(h)indennlry And defend Seller from and Against any and all to the Contract,at Seller's then-curcnt standard timu and material rates In add'ulon.Buyer shall pay Seller a claims by,and liability to,any such third parry In excess of the lhmitailons ata faith In this Ankle 15,at iii) cancellation charge equal to SO'@ of she Contract Price Applicable to uncompleted made•lo•cin er Products and require that the third party agree,rot the beneni orand rnforceable by Selkr,to be bound by all the limitations 15's of tiro Contract Price applicable to art other uricompleicd Products inhaded In this Article 17 11.5 Ether Buyer or Seller inay terminate the Contract(or the portion affeetrd)upon twenty(20)days 15 6 For purposes of this Article IS,Ihv term Seller'means Seller,its Mi2its.subcootracton And Advance notice if there is on excusable event(es described in Article 101 lauing longer than one hundred And suppliers of any tier,and thew mmliwo emplo)ea Thu llmltatlons In this Ankle I5 shall apply regardkss of twenty 30)days. In such case.Buyer sluff pay to Seller Amauntrp}able under Section I I 4,excluding the %%hither o claim Is based in caMract,warranty,fndemnfiy.Inidextra•tanlractuAl liability(including negilgenee), cancellation charge nor uncompleted Product%, sine{liability or oshenvise,and shall prevail ower any conflicting Icrims,rmce;l to the extent that such knot j t 1 6 Buyer shalt pay Ail reasonable expenses inured by Seller In conaedlon with I suspension. further restrict Seller's liability including,bul not hmited lo,expcwcs far repossession,fre callection. dcnnbilszastanhemabilhnuon,and costs of storage during suspension The Stlsedulo fat Seller's obligations 16, Governing Lite and Dispute Resolution shall be extended fora paiod oftime reasonably m6sary la owercomc the efforts of any suspension 16 1 This Contact shall be governed by and construed In accordance whh the laws of(1)lite State of New fork d Buyer's pace of business is in the US or(if)Englarai tribe Buyer i place of bunness is outside 12, Compliance hush Laws.Codes end Standards the U S,In either cue without giving effect to any choke of law rules that would cause the application of laws 12 1 Sella sluff corply wish laws applicable to ilia manufacture ofPraduns and its perfermane of ormy ather3untJnctron(ilia"GovemLrg Lahr') Ir the Contract includes the sale of Products Bal the Buyer is Smiccs Buyer shall comply with laws Applicable Io the application,operation,use and disposal of the aistsdc she Seller's country,ilia Untied Nations Convention an Contracts for the International Sala of Courts Producls and Services shall apply 113 Seller's obiigahams arc conditioned upon Buyer s compliance wnh all US and oiler opplscable 162 All dhputrs arb Ing in connection with this Contras,Including any question regard Ing Its esisiene trate control laws and regulations-Buyer shall not trans-ship,rc-export,divert or direct Products otter than in or validity,shall be resolved in accordance with this Attkle 16. if a dopute Is not resolved by ncgoibilais, And to the ultimate country of des irutfan declared by Buyer and speeiried as the country of ultimale destination either party may,by giving)written notice,refer the disptte to a resecting of appropriate filcher martagemeni.Ia an Seller'ssawtce be held within twenty IN)business days offer the giving or notice If the dlspuie is not resolved%vhhln shiny 12 3 Nalwittstardtung any other provision.Buyer shall timely obtain,efrectnale and maintain In force (30)buzlncss days Aller the giving of notice,or such trier dare as may be mutually agreed,either party may any tcqulrel permit.license,t3emgaion,filing,ercistralbn and allot awborkation,including,but not limited eommene Arbitration or court proceedings,depending upon the location of the Buyer,in accordance with the to,building and envtrorurtennl permlis.Impart licenses,arvlroruneival Impact astrssmentt,And foreign follaw)ai euchaoge aulhotintlons,ttqLlred for the lawful performance of Services at the Shle or fulfillment of Bu)er's (3) at the Buyer's penraenl place of btunnesr is to the U S,legal actian sluff be wnvnerccd in federal obligations,except that Seller shall obtain any Bctnse or neglstntron n:casary foe Seller to generally conduct court with jurisdiction Applicable to.or slate court formed in.either Cobb County,Georgh or the location or business and%tsar Or wok permits,If Any,note%taq far Se1kr's personnel Huger shall provide reuonaolit Buyer's principal place of business,or(b) d tho Buyer's pentnent place of business is owssds the U S.the assistance to Seller in obtaining such visas And%%vik permhs, dispute shall be subrnilied to and Brolly resolved by arbitration under the Rules or Arbitration of the International Clumisu or Commerce("ICC") The number of arburalors shall ba one,selected in accordance 13. Envlrnaroe till,Healts and 5:1101)Alallers with the ICC rules,unless the amount In dispute exceeds Ise equhatens of U S 55,000,000,In which c%em it Quote Number.DA062017•ROUNDRROCB•PB2 R2 GE Confidential and Prapattary IDA go 7 or 8 IndServlcc Slindafd_Propodal Tempkie 102316 RevA shall be duce. What three arbitratars are Involved,each party shill appoint one arbitrator,and limit Iwo shall 19 3 Buyer shall notify Scllcr immediately upon any ctarrre in ownmhlp or more than nny percent f. appoint the third within thirty(301 days,who shall be the Chairman. The scat,or legal place,or arbitiotian, (5a,vi of Buyces voting righas or crony controlling interest In Buyer If Buyer talk to do so or Seller objects to C, shill be Lendan,England,The arbitration shall be conducted to English. In reaching their decision,the the lunge,Scllcr may(a)Imninaic the Ceniracl,(b)require Buyer no provide adequate aaruntice of arbhramrs shall give full force and effccl to the Intent of the panics as expressed In the Ccuurxt,and If a perrornurtco[including but not limited to payrricni),andlor(c)put In place special controls regardatg Seller's solution Is not found in the Contract.shall apply tiro governing law of the Contract Tire decls)on of the Confidcritlol Information. arbdwto,(s)shall be final and Malang upon both pattlo,and ftlhcr party shall ink recourse to a law court or 114 Worry Contract prm•Isian Is found la tie vald or uncnforecable,be mma(nder of the Contract dull other authority to appeal for revislonsorthc dedsionL not be:Heeled. The parties will endeavor to replace any such void or unenforceable provision with a nor 16,3 Netniduunding the(ongoing,each patty shall have the right at any time,21 its option and where provision that achieves substantially the same practical and econondc effect and is valid and enforceable legally available,to Immediately commence an sclion or proeectling In a court of competent jurisdiction, 19.5 The fallowing Articles slull survh•c Ienninanion or cancelfatlon of the Contract 2.S.J.5,6.7.8, subject to the tmos of this Cemrnet,to seek o rewralning order,Hunction,or simllu order to enforce the 10.11,12,13,15.16,18,19 and 20, confidentiality prm Islans set fanh In Miele 6 and or The nuclear use restrtctlans set fanb in Section 19 I,or 196 The Cantract represents dee erulte agreement between(he parties No oral or written to seek Interim or conservatory measures, hleaeury damages dull a dy be available in accordance With rcprescnrahon or warraay oral eantatned in Ibis Contract shall be binding an either party Buyer's and Seller's Section 16.2 rights,remedire and obligations arising fiom or iciared to Products and Senlees sold trader Ibis Contract are limbed to the rights,remedies and obllgatlaru staled to thls Contract,No modification,amendment,iescisrion 17. Inspection and Factury festa or wan ct shall be Isindhng an elther party unless agreed 1n aching. Sella will apply Its norma)quality comrol procedures in manurbeturing Products Sella shall alt inpl l0 19 7 Eecept as provided In Article 15(Llmliations of Llability)and In Section 19 1(nes nuclear fuel, occamnvadaie requests by Buyer to witness Seller's factory tests of Products,subject to appmpriaic access gets CanI=I is only for the bcaefli of the panics,and no third party%hull have a right to enforce any provision restsiclkns,if ouch Mlacsilnkl anise arranged without dcla)•ing the work of this Comrach,ultether under the English Contracts iR(ghis ofThbd Parties)Act of 1979 or o1henvise 1'18 This Comraci may he signed in multiple courucrpans that together shall cannhute ant arrccmenl 18. Saflvtare,Leased Equipment,Remote Dhignartle Services,PCB Services It Sclirr prorldo any soRtvare to Bu)cr,the Solhvam License Addendum shall apply if Sciler leases 20, US Government Contra els any of Scl)ct's equipment or provides related Services to Buyer•including placing Seller s cgmpment at 20A This Article 20 applies only if cls Contract is for the disco or Indtrcct sale to say agency or the Buyer's ane to provide tentate Services,the Leue Addendum shall apply (r5elter provides remote diagnostic US govemmem zn&ur b hmJcd in whole or in peri by any agency of the U 5 government smites to Buyer,the Remote MVwsik Sen lees Addendum shill apply if Selter provides PCB Services to Buyer.ehc PCO Seneca Addendum shall apply lrthere ts any caofltcl belwecn these Terms and Candilans 202 Buyer agrees that all Products and Senica pio%Wrd by Seller mccl the drruaition of"corrunrreral- Car the Sale of Products and Sm-ices,Faint ES 101'and Iha twin orany addendum Tncor)wrated pursuant to ole the•shelf("COTS`j or'ramniticial item"as those terms are defined to federal Acquisition Regulation ibis Article I B,due lams of the addendum shalt take precedence with respect to the applicable scope ('FAR)1 101 To Ute cmeril tlto Bury Ames)can Act,Trade Ageeements Act,at other dooteslre preference rcquL'emenis are applimble to this Contract,the country of origin of Products is unknown unless othem-4c 19, General Clauses speelncally naffed by Seller m this Contract. Bu)cr agrees any Scrriccs offceed by Selicr are exempt from Ilse 19 1 Products and Services said by Seller are nor Intended for use In connection with any nuclear Service Conhacl An of(963(FAR 52,222-111, Buycr represents esuf agrees that this Camlran is not Wiled in facility or activity,and Buyer warrants that h iball not use or pnmit others to use Products or Stn•Icrs for such whole or In pan by American Rrcovtry Rclnvnlrncm Act funds unlcaa otherwise specifically Staled in the purposes,v%hout the advance written concern orScllcr it in breach of this,any such use occurs,Seiler(and Contract The version of any applicable FAR c4usc listed in ibis Articlr 20 shall be the arse In effect an the its parent,afiillater,suppliers ani subcordranors)dudalms all liability rat any nuclear at other damage,Injury elfalhe data of this Contract rr.contamination,and.In addition to any other rights orSeucr,Buyer shall indemnify and hold Sella(and its patent,affiliates,suppliers and subco tracrnrs)lunulas against all such liability.Consent of Selke to any such 20 3 lr9u)w U an agency of the U.S.Government,then as permitted by FAR 12 302.Buyer agrees that use,if any,will be Conditioned upon additional terms and conditions that Seller determines to be acceptable for all paragraphs of FAR 52212-4 Itecept those listed In 11.1021b)]am replaced with thnc Terms and protection against nuclear liability Canditions Buyer Further agrees the subparagraphs or PAR.52 212-5 apply only to the extent applicable for 103 Sella may assign of novale Its rights and obligations under the Contract,In whole or in pari,to any sale of COTS ani or conanerebl hems and as appropriate for IN.Ccmran Price of its drihatcs or may cosign any oras accounts receivable under thisCanlract io any pang•todiout Buyer's consent Du)er agrees to eaecuic any doeununts that rtuy be neetnary to eon>lifele Seller's assignment or 20 a If Buyer is procuring the Products or Services as a contractor,or subcontractor at any tier,an notation Scllcr may subcorsraci portions of the work,so long as Seller remalns respansibk fer R The behalf of any agency of the U 5 Government,then Buyer agrees that FAR 52 212.5(e)or 51344-6(whichever delegatlan or assignment by Durr of any or ail of Its rights or obligations under the Contract without Selkr's is applicable)applies only to the uteri apptkable for sale orCOTS andor commercial Items and as appropriate prior written content(which Consent shall not be unreasonably withheld)shall be void for the Contract Price i 1 F yF(h i f 4 I 1 k i 1 Quota Number:DA062017-ROUNORROCI P82 R2 GE Confidential and Proprietary Page B of 8 Ind$trvlco_Standard_Propoyal_Templala 102316 RevA I' I E ! � ! / Industrial Solutions Roger Andrews Senior Sales Manager I. Westwoy Plaza, 11330 Clay Rd Mr.John Alligood Houston TX 77041 I Utility Systems Integrator T 281-740-2145 WTP City of Round Rock Roger,andrews@ge.com October 51h 2D17 Dear Mr,Alligood: This letter is in reference to GE Industrial Solutions Quotation DA062017-ROUNDROCK-PB2 R2 for the upgrade modifications to the existing GE PowerBreak I(PB1)Breakers located at the Water Treatment Plant in City of Round Rock,Existing PB1 Breakers are now obsolete and have been replaced with the new GE Powerbreak 2(P132)Breakers, As the OEM(Original Equipment Manufacturer),GE has developed a retrofit solution for,and is proposing the retrofit of,the obsolete P131 Breakers with the new P82 Breakers. This retrofit,utilizing GE equipment and GE Field Services for installation and commissioning,is the only solution recognized by GE,the OEM,for continued operation and reliability. l I As the OEM,GE does not recognize any non-OEM breakers as an adequate replacement for the obsolete P81 Breakers,nor does it authorize any service organization other than GE Services to install and commission the replacement PB2 breakers. GE OEM warranty applies. Should modifications be made by non-GE service personnel,GE cannot provide,whether implied or otherwise,any equipment or service warranty. Additionally,non-OEM upgrades may void any UL listing on the GE Equipment, Please feel free to contact us directly should you have questions,concerns,or comments regarding i our offering ! I Sincerely, i I Roger Andrews Senior Safes Manager GE Industrial Solutions i Genrn,lEltcllCU;NrNn¢r�l� i Mayor Councilmembers City Manager Craig Morgan Tammy Young Laurie Hadley Rene Flores Frank Leff ingwell r ROUND ROCK TEXAS Mayor Pro-Tem writ 9aese City Attorney m - UTILITIES AND ENVIRONMENTAL SERVICES DEPARTMENT Will Peckham Kris Whitfield _ _Stephan L.Sheets September 7,2017 Attn:Michael Schurwon/Purchasing Water Treatment Plant Main Circuit Breaker Replacement Background and Rationale The City retained CDM Smith to develop an Engineering Report evaluating specific utility infrastructure needs at the Water Treatment Plant.The report includes a recommendation that the Water Treatment Plant Main Circuit Breakers be replaced under a turn-key project by the original equipment manufacturer(OEM),General Electric. The Circuit Breaker replacement recommendation is based on the IEEE Yellow Book,Maintenance, Operation,and Safety of Industrial and Commercial Power Systems.The existing circuit breakers have become obsolete and replacement parts are no longer available.This Is further expanded upon in the following excerpts from the engineering report: o Quoting section 1.1.3 of the Engineering Report,"Another factor In maintainability Is equipment obsolescence. Electrical equipment with electronics may have a useful life of less than 20 years as Manufacturers'designs are upgraded on a shorter design cycle and spare parts are no longer available." C Quoting section 1.2.1 of the Engineering Report concerning Switchboards DS-2 and MCC-611/61., "GE has discontinued manufacturing the Power Break circuit breaker in 2008 and the remaining inventories of these breakers are now depleted." o Quoting section 3.4 of the Engineering Report,"Switchboard DS-2 and motor control center MCC-611/61.have obsolete circuit breakers installed within them and it is recommended that they be upgraded by the original equipment manufacturer(OEM).The OEM has provided a quote for the turn-key services required to upgrade/retrofit the discontinued circuit breakers. The replacement would be phased such to minimize any plant downtime.The quote has the proposed work description and is located In Appendix B." Failure of one or more of the circuit breakers In question would result in the water treatment plant being out of service.With original replacement parts no longer manufactured or available,the downtime of the plant associated with a circuit breaker failure would be significant.The OEM,General Electric,is experienced with upgrading and retrofitting their discontinued circuit breakers. Due to the critical nature of this piece of equipment,the OEM should be used in order to minimalize plant downtime and reduce the risk to the project and water system. For these reasons,we are requesting the City take CDM Smith's recommendations to hire General Electric to replace the Circuit Breakers as described in Appendix B of CDM Smith's engineering report. CITY OF ROUND ROCK 2008 Enterprise Drive,Round Rock,Texas 70664 Utlllties Admin;JP]512.21 B.5556 • Environmental Services;[p]512.218.5559 Water and Wastewater Line Maintenance:[PJ 512.219.5555• roundrocktexas.gov TECHNICAL MEMORANDUM WTP & Lake Georgetown Pump & Power Final Report Modifications Preliminary Engineering i MARK G,HANDLEY J............... ......� + Jig 107371 ........ i p'.,(�c gyp.,• � G��'.. ►►ts��NAt�� I 0te�30�201'7 l lot!.......... DAVID C. BRIGGS 1..•.11...1........1..11..111,... i 0 86205 �4:k- EN IONA i 3 City of Round Rock,Texas June 2017 CDM- Smith TBPE Firm Registration No F-3043 i i I j Table of Contents t l f Section1 Introduction.......................................................................................................................................1-1 1.1 Evaluation Goals...............................................................................................................................................1-2 1.1.1 Regulatory Criteria..................................................................................................................................1-2 1.1.2 Functional Criteria...................................................................................................................................1-2 i1.1.3 Maintainable Criteria............................................................................................... 1-3 1.2 Existing Electrical Systems..........................................................................................................................1-3 1.2.1 CORR Water Treatment Plant Electrical System........................................................................1-3 1.2.2 Lake Georgetown Raw Water Pump Station Electrical System............................................1-5 1.3 Electrical Design Considerations...............................................................................................................1-6 1.3.1 Arc Flash Labeling....................................................................................................................................1-6 € 1.3.2 Codes and Standards..............................................................................................................................1-7 j1.3.3 Power Quality............................................................................................................................................1-7 1.3.4 Starting Methods............................ .1-7 1.3.S Pump Control Strategy...........................................................................................................................1-8 i1.3.6 Environment..............................................................................................................................................1-8 1.4 High Service Pump Motor Design Considerations.............................................................................1-8 1.4.1 Manufacturers...........................................................................................................................................1-8 1.4.2 Starting Torque and Transients,............... ...... .......I.... l-8 1.4.3 Critical Speeds and Vibration..............................................................................................................1-8 1.4.4 Motor Enclosures.....................................................................................................................................1-9 1.4.5 Motor Efficiency........................................................................................................................................1-9 1.4.6 Motor Protection......................................................................................................................................1-9 1.4.7 Motor Accessories....................................................................................................................................1-9 Section 2 High Service Booster Pump Station Evaluation......................................................................2-1 2.1 Introduction........................................................................................................................ 2-1 2.2 Background.........................................................................................................................................................2-1 2.3 High Service Booster Pump Task 2 Objectives....................................................................................2-1 2.3.1 High Service Booster Pump Station Building...............................................................................2-1 2.3,2 New Electrical Distribution System.................................................................................................2-2 2.3.3 Construction Sequence..........................................................................................................................2-2 Section3 High Service Pump Station Evaluation......................................................................................3-1 3.1 Introduction........................................................................................................................ 3-1 3.2 Background.........................................................................................................................................................3-1 3.3 High Service Pump Task 2 Objective.......................................................................................................3-2 3.3.1 High Service Pump Station...................................................................................................................3-2 3.3.2 High Service Pump Station Electrical Buildings..........................................................................3-2 3.3.3 Construction Sequence..........................................................................................................................3-2 3,4 Plant Operations Phase III and IV Electrical System.......................................... 3-3 Section 4 Lake Georgetown Raw Water Pump Station Evaluation......................................................4-1 4.1 Introduction........................................................................................................................ 4-1 4.2 Background.........................................................................................................................................................4-1 4.3 Raw Water Pump Station Task 1 Objectives........................................................................................4-2 CID I ©2017 CDM Smith i Sm th All Rights Reserved Section 1 ■ IEEE Gold Book-Design of Reliable Industrial and Commercial Power Systems ■ IEEE Emerald Book-Powering and Grounding Sensitive Electronic Equipment s 1.1.3 Maintainable Criteria Electrical systems require periodic maintenance.Adequate maintenance is a key component of a reliable system.Electrical maintenance activities typically include infrared testing for hot spots, torqueing of electrical connections,cleaning and lubrication of equipment,and testing of protective devices to insure they will function correctly when called upon to do so.With the exception of infrared testing,the electrical maintenance activities described previously must be done with the equipment de-energized, In a continuous process plant such as a water treatment plant,an electrical system design that allows for shutdown of electrical equipment for maintenance yet still maintaining the process is crucial. Another factor in maintainability is equipment obsolescence.Electrical equipment typically has a useful life of 20 to 30 years depending upon the type of equipment.Electrical equipment with electronics may have a useful life of less than 20 years as Manufacturers'designs are upgraded on a shorter design cycle and spare parts are no longer available. Finally,heavily loaded electrical equipment in hot,humid,dusty and corrosive environments will require more maintenance and earlier replacement than lightly loaded electrical equipment located in clean climate controlled areas. The IEEE recommended practices concerning maintenance are contained in: ■ IEEE Yellow Book-Maintenance,Operation,and Safety of Industrial and Commercial Power Systems I 1.2 Existing Electrical Systems This section provides a brief description of the existing electrical distribution system(EDS)at the E CORR WTP and Lake Georgetown RWPS that were evaluated during site visits conducted by CDM Smith. 1.2.1 CORR Water Treatment Plant Electrical System The CORR WTP EDS receives utility electrical service from Oncor.CDM Smith evaluated five distinct 460-Volt Services at the WTP.The first three services provide power for the High Service Pump Stations and the remaining services provide power to the plant operations building. The first service leaves a 1500 KVA(kilo-Volt Amperes)utility owned pad-mounted transformer and terminates into two separate Allen Bradley Bulletin 2100 motor control centers(MCC)MCC- 1 and MCC-2.Allen Bradley still supports this product line.MCC-1 and MCC-2 are located in the High Service Booster Pump Station building and provide power to the Booster Pumps designated as HSP-01 through HSP-06.The booster pumps have constant speed motors started across-the- line.Power factor correction for each motor is achieved via individual capacitor banks located above the MCCs.The building was constructed in 1981 with modifications occurring in 1999 and 2006.The MCCs are in fair condition but deemed at the end-of-useful life given Task 2 objectives and currently have the following deficiencies: �pM ©2017 CDM Smith OIh All Rights Reserved 1-3 Section 1 ■ NPFA 70 225.31 and 225.32-Means are required for disconnecting all ungrounded conductors that supply the building.The generator feeder is connected directly to the switchboard bus without means of disconnect. The fourth and fifth service leave separate 1500 KVA utility owned pad-mounted transformers and terminate into main-tie-main(MTM)switchboards DS-1,DS-2,and MTM MCC-6R/6L respectively. The switchboards and MCC are in fair condition and have the following deficiencies: ■ NFPA 70E 130.5-Arc flash risk assessment is required. ■ NFPA 70 110.16-Electrical equipment such as switchboards and motor control centers require Arc-Flash Hazard Warning Labels. ■ NFPA 70 240.87-Method to reduce clearing time shall be provided for circuit breakers rated 1200A or higher. a Switchboard DS-2 and MCC-6R/6L-GE has discontinued manufacturing the Power Break circuit breaker in 2008 and the remaining inventories of these breakers are now depleted. Although an engineered solution to replace these breakers has been developed,the overall switchboard is deemed at the end-of-useful life given the age and signs of moderate corrosion on the equipment.The circuit breakers in switchboard DS-1 have the newer version and do not need to be upgraded. 1.2.2 Lake Georgetown Raw Water Pump Station Electrical System The RWPS EDS receives utility electrical service from Pedernales Electric Cooperative(PEC).CDM Smith evaluated three distinct 2400 Volt services at this site.Each service provides power to a stand-alone electrical building. The first service leaves a 1000 KVA CORR owned pad-mounted transformer and terminates into Siemens-Allis medium-voltage switchgear.The switchgear powers a Siemens-Allis MCC,Siemens still supports this product line.The electrical equipment is located in its own electrical building and provides power to the Raw Water Pumps designated as RWP-04,RWP-05,and RWP-06.The raw water pumps are constant speed motors started across-the-line(ATL).Power factor correction is provided via capacitor banks located adjacent to the MCC.The building was constructed in 1981.The switchgear and MCC are in fair condition and deemed at the end-of- useful life given their age and Task 2 objectives.The following deficiencies were: ■ NFPA 70E 130.5-Arc flash risk assessment is required. ■ NFPA 70 110.16-Electrical equipment such as switchgear and motor control centers require Arc-Flash Hazard Warning Labels. The second service leaves a 1000 KVA CORR owned pad-mounted transformer and terminates into GE 1200 A LimitAmp medium-voltage switchgear,GE still supports this product line.The switchgear in-turn powers three Robicon VFDs.Siemens now owns Robicon and provides support for the Robicon line.The electrical equipment is located in its own electrical building and provides power to the Raw Water Pumps designated as RWP-07,RWP-08,and RWP-09.The com ®2017 COM Smith Smith All Rights Reserved 1-5 Section 3 ■ Connect one of the backwash pumps BWP-01 or BWP-02,and one or more of the high service pumps to SWGR-5.HSPS building will ultimately experience an extended power outage.The use of the existing generator via the new switchgear could be utilized m temporarily for backwash pup operations and even high service pump operations while the utility transformer secondary service is installed. ■ Remove switchboard DS-5 in its entirety.Connect the remaining loads to the new switchgear. Similar type of sequencing could be applied to Electrical Building No.2 if required. 3.4 Plant Operations Phase III and IV Electrical System CDM Smith investigated two additional 480 Volt services at the plant operations building at the request of CORR,The first and second service terminate into General Electric(GE)switchboards DS-1,DS-2,and motor control center MCG-6R/6L. Switchboard DS-1 has PowerBreak 11 type circuit breakers installed and would not require any upgrades,Switchboard DS-2 and motor control center MCC-6R/6L have obsolete circuit breakers installed within thein and it is recommended that they be upgraded by the original equipment manufacturer(OEM).The OEM has provided a quote for the turn-key services required to upgrade/retrofit the discontinued circuit breakers.The replacement would be phased such to minimize any plant downtime.The quote has the proposed work description and is located in Appendix B. CDM Smith ©2017 CDM Smith 3.3 All Rights Reserved CERTIFICATE OF INTERESTED PARTIES FORM 1.295 10f1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017"279725 GE Industrial Solutions Plano,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/03/2017 being filed. CDate Acknowledged: City of Round Rock g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 000000 Service to be completed on electrical equipment,specifically the Power Break II Upgrade. Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary General Electric Company Boston,MA United States X Jeffrey,Steinebrey Wilmington,TX United States X Michael,Werner Wilmington,DE United States X Susan,Delgado Wilmington, DE United States X Michael,Geary Wilmington, DE United States X 5 Check only if there is NO Interested Party. El 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. 11,11 ,�iwAl n/ Signatu a of authorized agent o ntr K g 4businls entity AFFIX NOTARY STAMP/SEAL ABOVE L . Sworn to and subscribed before me,by the said �-' � -' this the day of 20 ,to certify which,witness my hand and seal of office. UA 1(4nature of officer administering oath Printed name of officer administering oath Title of officer administ ring oath Farms provided by Texas Ethics Commission www.ethics.state.tx- �Q�"•R `�<,�.Notary Puhiic,State of Texas rsion V1.0.3337 "C Comm.Expires 00-25-2019 Notary ID 13033341 3 CERTIFICATE OF INTERESTED PARTIES FORM 1.295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-279725 GE Industrial Solutions Plano,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/03/2017 being filed. City of Round Rock Date Acknowledged: 11/08/2017 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 000000 Service to be completed on electrical equipment, specifically the Power Break II Upgrade. 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary General Electric Company Boston, MA United States X Jeffrey, Steinebrey Wilmington,TX United States X Michael,Werner Wilmington, DE United States X Susan, Delgado Wilmington, DE United States X Michael, Geary Wilmington, DE United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said this the day of 20 ,to certify which,witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337