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Home My WebLink AboutRes2019-035 CITY OF SEWARD,ALASKA Sponsored by: Regis RESOLUTION 2019-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURCHASE MATERIALS AND EQUIPMENT IN AN AMOUNT NOT TO EXCEED $89,478 FOR COMMERCIAL UPGRADES AT THE SEWARD MARINE INDUSTRIAL CENTER INCLUDING LED HIGH MAST LIGHTS AND A LARGER CAPACITY TRANSFORMER AND APPROPRIATING FUNDS WHEREAS, the City of Seward City Council directed Administration to commercially and economically develop the Seward Marine Industrial Center(SMIC); and WHEREAS, the City of Seward is interested in exploring options to increase energy efficiency and reduce the cost of energy to consumers and taxpayers; and WHEREAS, upgrading the transformer to the larger size will accommodate more commercial activity, as well as create enough capacity for the new U.S. Coast Guard Fast Response Cutter(FRC) and upland infrastructure; and WHEREAS, all but a few of the existing incandescent high mast lights are working and require replacement; and WHEREAS, replacing the current high mast lights with LED fixtures will save the City electric usage and provide better lighting at SMIC; and WHEREAS,the Electric Department obtained three quotes for the transformer and LED high mast lights; and WHEREAS, Potelcom Supply Inc. provided the lowest price for the LED lights totaling $58,800; and WHEREAS, Wesco International Inc. provided the lowest price for the 1000 KVA transformer totaling$30,678; and WHEREAS, the funds for these purchases will come from the SMIC grant and will not affect the SMIC Enterprise Fund budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Manager is authorized to issue a purchase order to Potelcom Supply Inc. to purchase LED lights the amount not to exceed $58,800. CITY OF SEWARD,ALASKA RESOLUTION 2019-035 Section 2. The City Manager is authorized to issue a purchase order to Wesco International Inc. for the purchase of a 1000 KVA transformer in an amount not to exceed $30,678. Section 3. Funding in the total amount of$89,478 is hereby appropriated from the SMIC Expansion Grant account no. 12333-0000-3400 to the infrastructure account no. 12333-0000- 8101. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8th day of April, 2019. THE CITY OF SEWARD,ALASKA 11. kiLKAL) David Squires,Ma r AYES: Lane, Horn,McClure,Towsley, Seese, Osenga, Squires NOES: None ABSENT: None ABSTAIN: None ATTEST: Brenda J. Ball s i, MMC City Clerk (City Sig l OF SEt'•,. : Gr%s••Ofir. , •• • I SEAL • J • $ .,d,;q••.. .M 1,1� 4t ***.Y. OF 4t.4%•••% 55 035 Estimate Date 3/6/2019 Estimate # 753 Name / Address City of Seward Electric Department Attn: Patrick Gillis P.O. Box 167 Seward, AK 99664 Alaska Efficient Energy Solutions, LLC P.O. Box 3505 Seward, AK 99664 P.O. No.Terms 50% Order; 50% Deli... Rep MI *Credit Card Transactions will be subject to a 4% processing fee. 907-830-7393 907-224-8684 mike@alaska-energy.comwww.alaska-energy.com Total Description Qty Rate Total MC2-HI-MF-120-277: (REPLACES Phoenix MCH-10-EZ-W-120-277) Phoenix ModCom 2 HI, Heavy Duty LED Floodlight, Marine Grade, 290W, Cool White 5000K, 28,000 lumens, Wide Flood Optics, 120-277V; 50,000 hr rated life; 5 yr warranty. Construction = Marine grade cast aluminum housing, Adjustable powder coated steel mounting harp. Finish = Black thermoset powder coat finish. Hardware = Marine grade (316) stainless steel. Lens = Clear, tempered glass. 4 2,260.00 9,040.00 HMLED3 PK3 50K MVOLT G AW FD2: (REPLACES HMLED2-12-5K-AS-G-AW) Holophane LED High Mast Light, 63,000 lm, 50K, 120-277V, Gray Exterior, Area Wide Optic, Double Fusible Disconnect *Fixture quoted with no photocell-inform if photocell is required. 6 2,600.00 15,600.00 FOB: Seward Quote good for 30 days Terms: SPECIAL ORDER 50% Down; 50% Delivery $24,640.00 56 1125 ORCA ST. ANCHORAGE AK 99501 CITY OF SEWARD 605 SEALION AVE SEWARD AK 99664 To:Date: Project Name Project Number: Date of Your Inquiry: When ordering please refer to Quotation Number: Item Quantity Catalog Number and Description Unit Price U/M Total Price Rate of Cash Discount Shipping Time (Weeks) TOTAL Quotation F.O.B. Point of Shipment. The prices stated in this offer shall, unless renewed, automatically expire fifteen days (15) from the date of this offer. Prices quoted are subject to adjustment should Duty and Tariff rates change from time of bid/quotation to time of order. WESCO reserves the right to adjust its pricing for Goods affected directly or indirectly by changing duties/tariffs/trade agreements and significant currency fluctuations. Per: 03/06/19 QUOTE 01/24/19 826446 17700.00 Branch: Quoted To: 6113 UNLESS THERE ARE DIFFERENT OR ADDITIONAL TERMS AND CONDITIONS CONTAINED IN A MASTER AGREEMENT THAT MODIFY WESCO'S STANDARD TERMS, BUYER AGREES THAT THIS QUOTE AND ANY RESULTING PURCHASE ORDER WILL BE GOVERNED BY WESCO'S TERMS AND CONDITIONS AVAILABLE AT HTTP://WWW.WESCO.COM/TERMS_AND_CONDITIONS_OF_SALE.PDF, WHICH TERMS ARE INCORPORATED HEREIN BY REFERENCE AND MADE PART HEREOF. PLEASE CONTACT THE SELLER IDENTIFIED ON THIS QUOTE IF YOU REQUIRE A PRINTED COPY. 8264460998002 Customer Delivery Date SUB-TOTAL 17700.00 MG 10 HOLOPHAN*HMLED3*EA*HMLED3 PK3 50K 3375.000 E 13500.00 0.004 03/22/19 MVOLT G AW FD2 HOLOPHANE, 7 - 9 WEEKS 20 PHOENIX*MC2-HI-WF-120-277*EA*MC2- 2100.000 E 4200.00 0.002 03/22/19 HI-WF-120-277 PHOENIX, 7 - 9 WEEKS 57 1 Patrick C. Gillis From:Patrick C. Gillis Sent:Monday, January 14, 2019 1:07 PM To:George, Mike (Potelcom) Subject:FW: Transformers Hi Mike, Can you please quote me the 9 transformers Vernon has spec'd out below. - and while ABB is preferred, if you carry multiple vendors please provide alternates for comparison purposes. Let me know if you have any questions or need any additional information. Regards, Patrick C. Gillis Operations Supervisor City of Seward Electric Department (907) 224-4072 (o) (907) 362-3003 (c) 410 Adams Street PO Box 167 Seward, AK 99664 From: Vernon Willet Sent: Friday, January 4, 2019 3:46 PM To: Patrick C. Gillis Subject: Transformers Pat, Here follows the specs for the transformers which we need to quote for Norm. The first part is the same for all of the transformers. The second part is special for each and will be numbered. “ Distribution transformer, 60 Hz, 3 phase, High Efficiency/Low Loss, ANSI Type 316 S/S case and door” 1. 750 kVA, 7200/120/240VAC 2. 750 kVA, 7200/120/208VAC 3. 750 kVA, 7200/277/480VAC 4. 1.0 MVA, 7200/120/240VAC 5. 1.0 MVA, 7200/120/208VAC 6. 1.0 MVA, 7200/277/480VAC 7. 1.5 MVA 7200/120/240VAC 8. 1.5 MVA, 7200/120/208VAC 9. 1.5 MVA, 7200/277/480VAC Each of these will need three (3) quotes for purchasing. For comparison purposes, one (1) quote for each should be sufficient. The crew prefers ABB transformers because they are consistently high quality. They are also consistently high priced. I think Wesco handles them but I am not altogether sure about that. V 58 Quotation:U00572387.00 907.868.3490Phone: Fax:www.anixterpowersolutions.com 6050 TUTTLE PLACE ANCHORAGE, AK 99507 TRANSFORMERS To:CITY OF SEWARD ELECTRIC WAREHOUSE 605 SEA LION AVE SEWARD, AK 99664 Attn:PAT GILLIS Phone: Fax: Jared Palmer Expiration Date: Sales Contact: Issued Date:Jan 21, 2019 Feb 20, 2019 (P) 907.868.3490 jared.palmer@anixter.com Product and DescriptionCustLine Price UnitItemQuantity Extended (F) 1 20,604.000 20,604.00T7507224DDLSTSSE1 XFMR 750KVA PAD 12470Y/7200 TAPS 240D LF SS EA 7695 LBSNOTE: 1 21,819.000 21,819.00T7507212DLSTSSE2 XFMR 750KVA PAD 12470Y/7200 TAPS 208Y/120 LF SS EA 8223 LBSNOTE: 1 19,588.000 19,588.00T7507227DLSTSSE3 XFMR 750KVA PAD 12470Y/7200 TAPS 480Y/277 LF SS EA 7339 LBSNOTE: 1 25,073.000 25,073.00T10007224DDLSTSSE4 XFMR 1000KVA PAD 12470Y/7200 TAPS 240D LF SS EA 8989 LBSNOTE: 1 27,205.000 27,205.00T10007212DLSTSSE5 XFMR 1000KVA PAD 12470Y/7200 TAPS 208Y/120 LF SS EA 9437 LBSNOTE: 1 22,555.000 22,555.00T10007227DLSTSSE6 XFMR 1000KVA PAD 12470Y/7200 TAPS 480Y/277 LF SS EA 8176 LBSNOTE: 1 33,302.000 33,302.00T15007224DDLSTSSE7 XFMR 1500KVA PAD 12470Y/7200 TAPS 240D LF SS EA 11809 LBSNOTE: 1 44,332.000 44,332.00T15007212DLSTSSE8 XFMR 1500KVA PAD 12470Y/7200 TAPS 208Y/120 LF SS EA 14011 LBSNOTE: Page 1 of 2Powered by www.proquote-solutions.com 59 Quotation:U00572387.00 907.868.3490Phone: Fax:www.anixterpowersolutions.com 6050 TUTTLE PLACE ANCHORAGE, AK 99507 TRANSFORMERS Product and DescriptionCustLine Price UnitItemQuantity Extended 1 28,784.000 28,784.00T15007224DLSTSSE9 XFMR 1500KVA PAD 12470Y/7200 TAPS 480Y/277 LF SS EA 10375 LBSNOTE: $243,262.00SECTION TOTAL: $243,262.00QUOTE TOTAL: 1) All items are In Stock unless otherwise noted. 2) All item pricing on this quote is valid for thirty days unless otherwise specified. 3) All applicable taxes apply. 4) FREIGHT PREPAID AND ALLOWED PER EACH LINE ITEM Special Notes Anixter Power Solutions offers the industry’s most extensive and dynamic portfolio of products, services and solutions for the Public Power, Investor-owned Utilities, Construction and Industrial markets. https://www.anixterpowersolutions.com/site/legal/purchase-terms.htmlFor the latest terms & conditions please visit: Page 2 of 2Powered by www.proquote-solutions.com 60 ABB Page 1 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. To: From: Patrick Gillis City of Seward Dennis Cleary WESCO Distribution, Inc. We are pleased to offer you this quote. Project: City Of Seward / Wesco Distribution Inc / Wesco - City of Seward Padmounted Transfomers General Comments and Exceptions  Clarification: Transformers provided in this quotation to be full stainless steel construction. Grade of stainless steel to be 304L. ABB cannot offer a 316 series option. 61 ABB Page 2 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. Item Alt Qty Description Price Each (USD) 1 1 750 KVA Liquid Filled Padmounted Transformer 2401 - Distribution Transformers, Jefferson City, USA (9AAE300179), PDC: 9AAC30400147, DTAN-L3S135 $25,939.00 2 1 750 KVA Liquid Filled Padmounted Transformer 2401 - Distribution Transformers, Jefferson City, USA (9AAE300179), PDC: 9AAC30400147, DTAN-L3S135 $24,650.00 3 1 750 KVA Liquid Filled Padmounted Transformer 2401 - Distribution Transformers, Jefferson City, USA (9AAE300179), PDC: 9AAC30400147, DTAN-L3S135 $23,067.00 4 1 1000 KVA Liquid Filled Padmounted Transformer 2401 - Distribution Transformers, Jefferson City, USA (9AAE300179), PDC: 9AAC30400623, DTAN-L3M135 $32,756.00 5 1 1000 KVA Liquid Filled Padmounted Transformer 2401 - Distribution Transformers, Jefferson City, USA (9AAE300179), PDC: 9AAC30400623, DTAN-L3M135 $30,678.00 6 1 1000 KVA Liquid Filled Padmounted Transformer 2401 - Distribution Transformers, Jefferson City, USA (9AAE300179), PDC: 9AAC30400623, DTAN-L3M135 $25,778.00 7 1 1500 KVA Liquid Filled Padmounted Transformer 2401 - Distribution Transformers, Jefferson City, USA (9AAE300179), PDC: 9AAC30400623, DTAN-L3M135 $49,311.00 8 1 1500 KVA Liquid Filled Padmounted Transformer 2401 - Distribution Transformers, Jefferson City, USA (9AAE300179), PDC: 9AAC30400623, DTAN-L3M135 $40,439.00 9 1 1500 KVA Liquid Filled Padmounted Transformer 2401 - Distribution Transformers, Jefferson City, USA (9AAE300179), PDC: 9AAC30400623, DTAN-L3M135 $32,717.00 62 ABB Page 3 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. ITEM QTY kVA EACH (USD) NL LL TL Conductor %Z 1 1 750 $25,939.00 1044 @ 85 5462 @ 85 6506 Al/Al 5.74 ITEM Unit Wt 1 7790 Quoted loss values are subjected to ANSI Test Tolerances. All weights and dimensions are approximate. Description: Type : Liquid-Filled MTR Padmounted Transformer Fluid : Mineral Oil Core : Grain Oriented Steel Phase : 3 Phase Frequency : 60 Hz Average Winding Rise : 65 °C Ambient Temperature : 30 °C High Voltage : 12470Y/7200 High Voltage Taps : +2 -2 2.5% High Voltage BIL : 95kV BIL High Voltage Neutral : H0 bushing, ungrounded Low Voltage : 240 Delta / 120 Tap Low Voltage BIL : 30kV BIL Feed Configuration : Loop feed Color : Green (Munsell 7GY 3.29/1.5) Features (included in price): TANK & CABINET  Penta-head cabinet handle bolt  304L Stainless Steel Transformer (Tank+Base+Cabinetry) GROUNDING  Two 2-hole ground pads - 1 in HV and 1 in LV x 2 BUSHINGS  Threaded stud LV bushings x 4  ABB 200 amp HV bushing wells with removable studs x 6  Loadbreak Inserts (dead front) x 6  ANSI C57.12.34 Fig 9&11 HV bushing pattern (minimum)  8-hole NEMA spade terminals x 4  Spade Supports  ANSI C57.12.26 Fig 3&4a minimum stgrd LV bushing pattern FUSES  Fused bayonet with isolation link x 3  Oil retaining valve on bayonet x 3 MONITORING  Pressure Relief Valve FITTINGS  Drain valve and sampler 63 ABB Page 4 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. OTHER  9.5" x 17.5" Tank Handhole Cover  24" deep cabinet  DOE Efficiency (2016)  Full Deck Pallet Lead Times: Drawing Submittal : 4-5 Weeks after receipt of order. Approval Order (Shipment) : 8-10 Weeks after return of approved drawings. Firm Order (Shipment) : 8-10 Weeks after receipt of order. Quoted lead times are based on current production levels. Actual lead times are dependent on available production space at time of firm order entry and/or release to manufacturing. 64 ABB Page 5 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. ITEM QTY kVA EACH (USD) NL LL TL Conductor %Z 2 1 750 $24,650.00 894 @ 85 5767 @ 85 6661 AL/AL 5.66 ITEM Unit Wt 2 8270 Quoted loss values are subjected to ANSI Test Tolerances. All weights and dimensions are approximate. Description: Type : Liquid-Filled MTR Padmounted Transformer Fluid : Mineral Oil Core : Grain Oriented Steel Phase : 3 Phase Frequency : 60 Hz Average Winding Rise : 65 °C Ambient Temperature : 30 °C High Voltage : 12470GrdY/7200 High Voltage Taps : +2 -2 2.5% High Voltage BIL : 95kV BIL Low Voltage : 208Y/120 Low Voltage BIL : 30kV BIL Neutral : H0X0 bushing with ground strap Feed Configuration : Loop feed Color : Green (Munsell 7GY 3.29/1.5) Features (included in price): TANK & CABINET  Penta-head cabinet handle bolt  304L Stainless Steel Transformer (Tank+Base+Cabinetry) GROUNDING  Two 2-hole ground pads - 1 in HV and 1 in LV x 2 BUSHINGS  Threaded stud LV bushings x 4  ABB 200 amp HV bushing wells with removable studs x 6  Loadbreak Inserts (dead front) x 6  ANSI C57.12.34 Fig 9&11 HV bushing pattern (minimum)  8-hole NEMA spade terminals x 4  Spade Supports  ANSI C57.12.26 Fig 3&4a minimum stgrd LV bushing pattern FUSES  Fused bayonet with isolation link x 3  Oil retaining valve on bayonet x 3 MONITORING  Pressure Relief Valve FITTINGS  Drain valve and sampler 65 ABB Page 6 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. OTHER  9.5" x 17.5" Tank Handhole Cover  24" deep cabinet  DOE Efficiency (2016)  Full Deck Pallet Lead Times: Drawing Submittal : 4-5 Weeks after receipt of order. Approval Order (Shipment) : 8-10 Weeks after return of approved drawings. Firm Order (Shipment) : 8-10 Weeks after receipt of order. Quoted lead times are based on current production levels. Actual lead times are dependent on available production space at time of firm order entry and/or release to manufacturing. 66 ABB Page 7 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. ITEM QTY kVA EACH (USD) NL LL TL Conductor %Z 3 1 750 $23,067.00 1121 @ 85 5201 @ 85 6322 Al/Al 5.78 6 1 1000 $25,778.00 1238 @ 85 7447 @ 85 8685 AL/AL 5.72 9 1 1500 $32,717.00 1723 @ 85 9988 @ 85 11711 AL/AL 5.7 ITEM Unit Wt 3 6950 6 8750 9 10810 Quoted loss values are subjected to ANSI Test Tolerances. All weights and dimensions are approximate. Description: Type : Liquid-Filled MTR Padmounted Transformer Fluid : Mineral Oil Core : Grain Oriented Steel Phase : 3 Phase Frequency : 60 Hz Average Winding Rise : 65 °C Ambient Temperature : 30 °C High Voltage : 12470GrdY/7200 High Voltage Taps : +2 -2 2.5% High Voltage BIL : 95kV BIL Low Voltage : 480Y/277 Low Voltage BIL : 30kV BIL Neutral : H0X0 bushing with ground strap Feed Configuration : Loop feed Color : Green (Munsell 7GY 3.29/1.5) Features (included in price): TANK & CABINET  Penta-head cabinet handle bolt  304L Stainless Steel Transformer (Tank+Base+Cabinetry) GROUNDING  Two 2-hole ground pads - 1 in HV and 1 in LV x 2 BUSHINGS  Threaded stud LV bushings x 4  ABB 200 amp HV bushing wells with removable studs x 6  Loadbreak Inserts (dead front) x 6  ANSI C57.12.34 Fig 9&11 HV bushing pattern (minimum)  8-hole NEMA spade terminals x 4  Spade Supports  ANSI C57.12.26 Fig 3&4a minimum stgrd LV bushing pattern FUSES  Fused bayonet with isolation link x 3  Oil retaining valve on bayonet x 3 67 ABB Page 8 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. MONITORING  Pressure Relief Valve FITTINGS  Drain valve and sampler OTHER  9.5" x 17.5" Tank Handhole Cover  24" deep cabinet  DOE Efficiency (2016)  Full Deck Pallet Lead Times: Drawing Submittal : 4-5 Weeks after receipt of order. Approval Order (Shipment) : 8-10 Weeks after return of approved drawings. Firm Order (Shipment) : 8-10 Weeks after receipt of order. Quoted lead times are based on current production levels. Actual lead times are dependent on available production space at time of firm order entry and/or release to manufacturing. 68 ABB Page 9 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. ITEM QTY kVA EACH (USD) NL LL TL Conductor %Z 4 1 1000 $32,756.00 1399 @ 85 6516 @ 85 7915 Al/Cu 5.74 7 1 1500 $49,311.00 1587 @ 85 10328 @ 85 11916 Al/Cu 5.76 ITEM Unit Wt 4 9670 7 14740 Quoted loss values are subjected to ANSI Test Tolerances. All weights and dimensions are approximate. Description: Type : Liquid-Filled MTR Padmounted Transformer Fluid : Mineral Oil Core : Grain Oriented Steel Phase : 3 Phase Frequency : 60 Hz Average Winding Rise : 65 °C Ambient Temperature : 30 °C High Voltage : 12470Y/7200 High Voltage Taps : +2 -2 2.5% High Voltage BIL : 95kV BIL High Voltage Neutral : H0 bushing, ungrounded Low Voltage : 240 Delta / 120 Tap Low Voltage BIL : 30kV BIL Feed Configuration : Loop feed Color : Green (Munsell 7GY 3.29/1.5) Features (included in price): TANK & CABINET  Penta-head cabinet handle bolt  304L Stainless Steel Transformer (Tank+Base+Cabinetry) GROUNDING  Two 2-hole ground pads - 1 in HV and 1 in LV x 2 BUSHINGS  ABB 200 amp HV bushing wells with removable studs x 6  Loadbreak Inserts (dead front) x 6  ANSI C57.12.34 Fig 9&11 HV bushing pattern (minimum)  10-hole Integral Spade Bushings x 4  Spade Supports  ANSI C57.12.26 Fig 3&4a minimum stgrd LV bushing pattern FUSES  Fused bayonet with isolation link x 3  Oil retaining valve on bayonet x 3 MONITORING  Pressure Relief Valve FITTINGS 69 ABB Page 10 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies.  Drain valve and sampler OTHER  9.5" x 17.5" Tank Handhole Cover  24" deep cabinet  DOE Efficiency (2016)  Full Deck Pallet Lead Times: Drawing Submittal : 4-5 Weeks after receipt of order. Approval Order (Shipment) : 8-10 Weeks after return of approved drawings. Firm Order (Shipment) : 8-10 Weeks after receipt of order. Quoted lead times are based on current production levels. Actual lead times are dependent on available production space at time of firm order entry and/or release to manufacturing. 70 ABB Page 11 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. ITEM QTY kVA EACH (USD) NL LL TL Conductor %Z 5 1 1000 $30,678.00 1101 @ 85 7620 @ 85 8720 AL/AL 5.88 ITEM Unit Wt 5 10670 Quoted loss values are subjected to ANSI Test Tolerances. All weights and dimensions are approximate. Description: Type : Liquid-Filled MTR Padmounted Transformer Fluid : Mineral Oil Core : Grain Oriented Steel Phase : 3 Phase Frequency : 60 Hz Average Winding Rise : 65 °C Ambient Temperature : 30 °C High Voltage : 12470GrdY/7200 High Voltage Taps : +2 -2 2.5% High Voltage BIL : 95kV BIL Low Voltage : 208Y/120 Low Voltage BIL : 30kV BIL Neutral : H0X0 bushing with ground strap Feed Configuration : Loop feed Color : Green (Munsell 7GY 3.29/1.5) Features (included in price): TANK & CABINET  Penta-head cabinet handle bolt  304L Stainless Steel Transformer (Tank+Base+Cabinetry) GROUNDING  Two 2-hole ground pads - 1 in HV and 1 in LV x 2 BUSHINGS  ABB 200 amp HV bushing wells with removable studs x 6  Loadbreak Inserts (dead front) x 6  ANSI C57.12.34 Fig 9&11 HV bushing pattern (minimum)  10-hole Integral Spade Bushings x 4  Spade Supports  ANSI C57.12.26 Fig 3&4a minimum stgrd LV bushing pattern FUSES  Fused bayonet with isolation link x 3  Oil retaining valve on bayonet x 3 MONITORING  Pressure Relief Valve FITTINGS  Drain valve and sampler OTHER 71 ABB Page 12 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies.  9.5" x 17.5" Tank Handhole Cover  24" deep cabinet  DOE Efficiency (2016)  Full Deck Pallet Lead Times: Drawing Submittal : 4-5 Weeks after receipt of order. Approval Order (Shipment) : 8-10 Weeks after return of approved drawings. Firm Order (Shipment) : 8-10 Weeks after receipt of order. Quoted lead times are based on current production levels. Actual lead times are dependent on available production space at time of firm order entry and/or release to manufacturing. 72 ABB Page 13 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. ITEM QTY kVA EACH (USD) NL LL TL Conductor %Z 8 1 1500 $40,439.00 617 @ 85 14272 @ 85 14889 Al/Al 5.74 ITEM Unit Wt 8 12380 Quoted loss values are subjected to ANSI Test Tolerances. All weights and dimensions are approximate. Description: Type : Liquid-Filled MTR Padmounted Transformer Fluid : Mineral Oil Core : Amorphous Metal Phase : 3 Phase Frequency : 60 Hz Average Winding Rise : 65 °C Ambient Temperature : 30 °C High Voltage : 12470GrdY/7200 High Voltage Taps : +2 -2 2.5% High Voltage BIL : 95kV BIL Low Voltage : 208Y/120 Low Voltage BIL : 30kV BIL Neutral : H0X0 bushing with ground strap Feed Configuration : Loop feed Color : Green (Munsell 7GY 3.29/1.5) Features (included in price): TANK & CABINET  Penta-head cabinet handle bolt  304L Stainless Steel Transformer (Tank+Base+Cabinetry) GROUNDING  Two 2-hole ground pads - 1 in HV and 1 in LV x 2 BUSHINGS  ABB 200 amp HV bushing wells with removable studs x 6  Loadbreak Inserts (dead front) x 6  ANSI C57.12.34 Fig 9&11 HV bushing pattern (minimum)  10-hole Integral Spade Bushings x 4  Spade Supports  ANSI C57.12.26 Fig 3&4a minimum stgrd LV bushing pattern FUSES  Fused bayonet with isolation link x 3  Oil retaining valve on bayonet x 3 MONITORING  Pressure Relief Valve FITTINGS  Drain valve and sampler OTHER 73 ABB Page 14 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies.  9.5" x 17.5" Tank Handhole Cover  24" deep cabinet  DOE Efficiency (2016)  Full Deck Pallet Lead Times: Drawing Submittal : 4-5 Weeks after receipt of order. Approval Order (Shipment) : 8-12 Weeks after return of approved drawings. Firm Order (Shipment) : 8-12 Weeks after receipt of order. Quoted lead times are based on current production levels. Actual lead times are dependent on available production space at time of firm order entry and/or release to manufacturing. 74 ABB Page 15 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. ** GENERAL TERMS AND CONDITIONS OF SALE ** This quotation is effective for 30 days from 1/24/2019, unless otherwise authorized by ABB. Unless stated otherwise in the quotation, the following terms and conditions of sale will apply. 1. Payment Terms: Payment is due Due in 60 days invoice date from invoice date. 2. Freight Terms: Prepaid and Allowed 3. Warranty: 18 months from delivery or 12 months from commissioning, whichever occurs first. 4. Approval Orders: Prices are valid for units released for shipment within 60 days from the initial mailing date of approval drawings (typically 2 weeks ARO). Prices are valid for quoted shipment or best available lead-time at time of release. Orders on hold pending drawing approval beyond 60 days of initial drawing date are subject to price adjustment every 30 days. Pricing will be determined at time of release for agreed upon delivery. 5. Lead times for orders subject to drawing approval will be confirmed upon receipt of approval and release to manufacturing. 6. Transformers are designed, built, and tested to ANSI/IEEE C57 Transformer Standards for distribution class transformers. No other Codes/Standards apply unless noted on quote. Delivery If scheduled delivery of Equipment is delayed by the Purchaser for more than seven (7) days, ABB may move the Equipment to a storage facility for the account of and at the risk of Purchaser whereupon it shall be deemed to be delivered. Purchaser shall reimburse seller for all costs of storage and handling incurred by seller. Storage and handling fees will be invoiced for payment on a monthly basis, until the Purchaser is able to accept delivery of the Equipment. Storage and handling fees are shown below. Storage Fees Transformer Rating Weekly Storage Fee 750KVA and below $375 per week per transformer Above 750KVA $425 per week per transformer Handling Fees Transformer Rating Crane Charge Per Move 750KVA and below $750 Above 750KVA $1250 Factory Acceptance Testing (FAT)  Witness Testing can be added for $5,000 per transformer. Only two (2) transformers can be witness tested per day.  Final Inspection can be added for $2,000 per day of inspection. Dependent upon availability of product at time of inspection.  Please confirm intent to witness testing and/or perform final inspection by the time of release to manufacture otherwise FAT services will be considered waived. Cancellation Fees for cancellation of an accepted order are as follows:  10% of total order value after approval order entry.  20% of total order value after initial issuance of approval drawings.  35% of total order value after release to manufacture or entry of firm order.  100% of total order value if cancelled within 6 weeks from scheduled ship date. We appreciate the opportunity to quote on this business. ABB has had many years of experience building 75 ABB Page 16 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. reliable, high quality transformers and we look forward to supplying this equipment. KVA FEED A B C D E F 750 Loop (Dead) 68 82 66.8 56.8 66 24 1000 Loop (Dead) 68 86 68.8 60.8 66 24 1500 Loop (Dead) 68 88 72.8 64.8 66 24 All weights and dimensions are approximate. Dimensions may change to meet specific customer requirements. Weights are in pounds. Dimensions are in inches. Cooling fins may be required on the back and/or side of the tank if necessary. Maximum cooling fin depth is 16". Wesco - City of Seward Padmounted Transfomers 1/24/2019 3-Phase Padmounted Transformer ABB Inc, Jefferson City, MO 76 ABB Page 17 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. ABB INC. GENERAL TERMS AND CONDITIONS OF SALE 1. General. The terms and conditions contained herein, together with any additional or different terms contained in ABB's Proposal, if any, submitted to Purchaser (which Proposal shall control over any conflicting t erms), constitute the entire agreement (the "Agreement") between the parties with respect to the order and supersede all prior communications and agreements regarding the order. Acceptance by ABB of the order, or Purchaser's acceptance of ABB's Proposal, is expressly limited to and conditioned upon Purchaser's acceptance of these terms and conditions, payment for or acceptance of any performance by ABB being acceptance. These terms and conditions may not be changed or superseded by any different or additional terms and conditions proposed by Purchaser to which terms ABB hereby objects. Unless the context otherwise requires, the term "Equipment" as used herein means all of the equipment, parts, accessories sold, and all software and software documentation, if any, licensed to Purchaser by ABB ("Software") under the order. Unless the context otherwise requires, the term "Services" as used herein means all labor, supervisory, technical and engineering, installation, repair, consulting or other services provided by ABB under the order. As used herein, the term "Purchaser" shall include the initial end use of the Equipment and/or services; provided, however, that Paragraph 13(a) shall apply exclusively to the initial end user. 2. Prices. (a) Unless otherwise spe cified in writing, all Proposals expire thirty (30) days from the date thereof. (b) Unless otherwise stated herein, Services prices are based on normal business hours (8 a.m. to 5 p.m. Monday through Frida y). Overtime and Saturday hours will be billed at one and one-half (1 1/2) times the hourly rate; and Sunday hours will be billed at two (2) times the hourly rate; holiday hours will be b illed at three (3) times the hourly rate. If a Services rate sheet is attached hereto, the applicable Services rates sh all be those set forth in the rate sheet. Rates are subject to change without notice. (c) The price does not include any federal, state or local property, license, privilege, sales, use, excise, gross receipts, or other like taxes which may now or hereafter be applicable. Purchaser agrees to pay or reimburse any such taxes which ABB or its suppliers are required to pay or collect. If Purchaser is exempt from the payment of any tax or holds a direct payment permit, Purchaser shall, upon order placement, provide ABB a copy, acceptable to the relevant governmental authorities of any such certificate or permit. (d) The price includes customs duties and other importation or exportation fees, if any, at the rates in effect on the date o f ABB’s Proposal. Any change after that date in such duties, fees, or rates, shall increase the price by ABB's additional cost. 3. Payment. (a) Unless specified to the contrary in writing by ABB, payment terms are net cash, payable without offset, in United States Dollars, 30 days from date of invoice by wire transfer to the account designated by ABB in the Proposal. (b) If in the judgment of ABB the financial condition of Purchaser at any time prior to delivery does not justify the terms o f payment specified, ABB may require payment in advance, payment security satisfactory to ABB, or may terminate the order, whereupon ABB shall be entitled to receive reasonable cancellation charges. If delivery is delayed by Purchaser, payment shall be due on the date ABB is prepared to make delivery. Delays in delivery or nonconformities in any installments delivered shall not relieve Purchaser of its obligation to accept and pay for remaining installments. (c) Purchaser shall pay, in addition to the overdue payment, a late charge equal to the lesser of 1 1/2% per month or any par t thereof or the highest applicable rate allowed by law on all such overdue amounts plus ABB's attorneys' fees and court costs incurred in connection with collection. 4. Changes. (a) Any changes requested by Purchaser affecting the ordered scope of work must be accepted by ABB and resulting adjustments to affected provisions, including price, schedule, and guarantees mutually agreed in writing prior to implementation of the change. (b) ABB may, at its expense, make such changes in the Equipment or Services as it deems necessary, in its sole discretion, to conform the Equipment or Services to the applicable specifications. If Purchaser objects to any such changes, ABB shall be relieved of its obligation to conform to the applicable specifications to the extent that conformance may be affected by such objection. 5. Delivery. (a) All Equipment manufactured, assembled or warehoused in the continental United States is delivered F.O.B. point of shipmen t. Equipment shipped from outside the continental United States is delivered F.O.B. United States port of entry. Purchaser shall be responsible for any and all demurrage or detention charges. (b) If the scheduled delivery of Equipment is delayed by Purchaser or by Force Majeure, ABB may move the Equipment to storage for the account of and at the risk of Purchaser whereupon it shall be deemed to be delivered. (c) Shipping and delivery dates are contingent upon Purchaser's timely approvals and delivery by Purchaser of any documentati on required for ABB's performance 77 ABB Page 18 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. hereunder. (d) Claims for shortages or other errors in delivery must be made in writing to ABB within ten days of delivery. Equipment may not be returned except with the prior written consent of and subject to terms specified by ABB. Claims for damage after delivery shall be made directly by Purchaser with the common carrier 6. Title & Risk of Loss. Except with respect to Software (for which title shall not pass, use being licensed) title to Equipm ent shall remain in ABB until fully paid for. Notwithstanding any agreement with respect to delivery terms or payment of transportation charges, risk of loss or damage shall pass to Purchaser upon delivery. 7. Inspection, Testing and Acceptance. (a) Any inspection by Purchaser of Equipment on ABB's premises shall be scheduled in advance to be performed during normal wo rking hours. (b) If the order provides for factory acceptance testing, ABB shall notify Purchaser when ABB will conduct such testing prior to shipment. Unless Purchaser states specific objections in writing within ten (10) days after completion of factory accepta nce testing, completion of the acceptance test constitutes Purchaser's factory acceptance of the Equipment and its authorization for shipment. (c) If the order provides for site acceptance testing, testing will be performed by ABB personnel to verify that the Equipment has arrived at site complete, without physical damage, and in good operating condition. Completion of site acceptance testing constitutes full and final acceptance of the Equipment. If, through no fault of ABB, acceptance testing is not completed within thirty (30) days after arrival of the Equipment at the site, the site acceptance test shall be deemed completed and the Equipment shall be deemed accepted. 8. Warranties and Remedies. (a) Equipment and Services Warranty. ABB warrants that Equipment (excluding Software, which is warranted as specified in paragraph (d) below) shall be delivered free of defects in material and workmanship and that Services shall be free of defects in workmanship. The Warranty Remedy Period for Equipment (exclu ding Software, Spare Parts and Refurbished or Repaired Parts) shall end twelve (12) months after installation or eighteen (18 ) months after date of shipment, whichever first occurs. The Warranty Remedy Period for new spare parts shall end twelve (12) month s after date of shipment. The Warranty Remedy Period for refurbished or repaired parts shall end ninety (90) days after date of shipment. The Warranty Remedy Period for Se rvices shall end ninety (90) days after the date of completion of Services. (b) Equi pment and Services Remedy. If a nonconformity to the foregoing warranty is discovered in the Equipment or Services during the applicable Warranty Remedy Period, as specified above, under normal and proper use and provided the Equipment has been properly stored, installed, operated and maintained and written notice of such nonconformity is provided to ABB promptly after such discovery and within the applicable Warranty Remedy Period, ABB shall, at its option, either (i) repair or replace the nonconforming p ortion of the Equipment or re-perform the nonconforming Services or (ii) refund the portion of the price applicable to the nonconforming portion of Equipment or Services. If any portion of the Equipment or Services so repaired, replaced or re-performed fails to conform to the foregoing warranty, and written notice of such nonconformity is provided to ABB promptly after discovery and within the original Warranty Remedy Period applicable to such Equipment or Services or 30 days from completion of such repair, replacement or re-performance, whichever is later, ABB will repair or replace such nonconforming Equipment or re-perform the nonconforming Services. The original Warranty Remedy Period shall not otherwise be extended. (c) Exceptions. ABB shall not be res ponsible for providing working access to the nonconforming Equipment, including disassembly and re-assembly of non-ABB supplied equipment, or for providing transportation to or from any repair facility, all of which shall be at Purchaser's risk and expense. ABB shall have no obligation hereunder with respect to any Equipment which (i) has been improperly repaired or altered; (ii) has been subjected to misuse, negligence or accident; (iii) has been used in a manner contrary to ABB's instructions; (iv) is com prised of materials provided by or a design specified by Purchaser; or (v) has failed as a result of ordinary wear and tear. Equipment supplied by ABB but manufactured by others is warranted only to the extent of the manufacturer’s warranty, and only the remedies, if any, provided by the manufacturer will be allowed. (d) Software Warranty and Remedies. ABB warrants that, except as specified below, the Software will, when properly installed, execute in accordance with ABB's published specification. If a nonconformity to the foregoing warranty is discovered during the period ending one (1) year after the date of shipment and writt en notice of such nonconformity is provided to ABB promptly after such discovery and within that period, including a description of the nonconformity and complete information about the manner of its discovery, ABB shall correct the nonconformity by, at its option, either (i) modifying or making available to the Purchaser instructions for modifying the Software; or (ii) making availabl e at ABB's facility necessary corrected or replacement programs. ABB shall have no obligation with respect to any nonconformities resulting from (i) unauthorized modification of the Software or (ii) Purchaser -supplied software or interfacing. ABB does not warrant that the functions contained in the software will operate in combinations which may be selected for use by the Purchaser, or that the software products are free from errors in the nature of what is commonly categorized by the computer industry as "bugs". (e) THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF QUALITY AND PERFORMANCE, WHETHER WRITTEN, ORAL OR IMPLIED, AND ALL OTHER WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A 78 ABB Page 19 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. PARTICULAR PURPOSE OR USAGE OF TRADE ARE HEREBY DISCLAIMED. THE REMEDIES STATED HEREIN CONSTITUTE PURCHASER ’S EXCLUSIVE REMEDIES AND ABB’S ENTIRE LIABILITY FOR ANY BREACH OF WARRANTY. 9. Patent Indemnity. (a) ABB shall defend at its own expense any action brought against Purchaser alleging that the Equipment or the use of the Equipment to practice any process for which such Equipment is specified by ABB (a “Process”) directly infringes any claim of a patent of the United States of America and to pay all damages and costs finally awarded in any such action, provided that Purchaser has given ABB prompt written notice of such action, all necessary assistance in the defense thereof and the right to control all aspects of the defense thereof including the right to settle or otherwise terminate such action in behalf of Purchaser. (b) ABB shall have no obligation hereunder and this provision shall not apply to: (i) any other equipment or processes, inclu ding Equipment or Processes which have been modified or combined with other equipment or process not supplied by ABB; (ii) any Equipment or Process supplied according to a design, other than an ABB design, required by Purchaser; (iii) any products manufactured by the Equipment or Process; (iv) any patent issued aft er the date hereof; or (v) any action settled or otherwise terminated without the prior written consent of ABB. (c) If, in any such action, the Equipment is held to constitute an infringement, or the practice of any Process using the Equ ipment is finally enjoined, ABB shall, at its option and its own expense, procure for Purchaser the right to continue using said Equipment; or modify or replace it with non-infringing equipment or, with Purchaser's assistance, modify the Process so that it becomes non-infringing; or remove it and refund the portion of the price allocable to the infringing Equipment. THE FOREGOING PARAGRAPHS STATE THE ENTIRE LIABILITY OF ABB AND EQUIPMENT MANUFACTURER FOR ANY PATENT INFRINGEMENT. (d) To the extent that said Equipment or any part thereof is modified by Purchaser, or combined by Purchaser with equipment o r processes not furnished hereunder (except to the extent that ABB is a contributory infringer) or said Equipment or any part there of is used by Purchaser to perform a process not furnished hereunder by ABB or to produce an article, and by reason of said modification, combination, performance or production, an action is brought against ABB, Purchaser shall defend and indemnify ABB in the same manner and to the same extent that ABB would be obligated to indemnify Purchaser under this "Patent Indemnity" provision. 10. Limitation of Liability. (a) In no event shall ABB, its suppliers or subcontractors be liable for special, indirect, i ncidental or consequential damages, whether in contract, warranty, tort, negligence, strict liability or otherwise, including, but not limited to, loss of profits or revenue, loss of use of the Equipment or any associated equipment, cost of capital, cost of substitute equipment, facilities or services, downtime costs, delays, and claims of customers of the Purchaser or other third parties for any damages. ABB's liability for any claim whether in contract, warranty, tort, negligence, strict liability, or otherwise for any loss or damage arising out of, connected with, or resulting from this Agreement or the performance or breach thereof, or from the design, manufacture, sale, delivery, resale, repair, replacement, installation, technical direction of installation, inspection, operation or use of any equipment covered by or furnished under this Agreement, or from any services rendered in connection therewith, shall in no case (except as provided in the section entitled "Patent Indemnity") exceed one -half (1/2) of the purchase price allocable to the Equipment or part thereof or Services which gives rise to the claim. (b) All causes of action against ABB arising out of or relating to this Agreement or the performance or breach hereof shall e xpire unless brought within one year of the time of accrual thereof. (c) In no event, regardless of cause, shall ABB be liable for penalties or penalty clauses of any description or for indemnif ication of Purchaser or others for costs, damages, or expenses arising out of or related to the Equipment and/Services. 11. Laws and Regulations. ABB does not assume any responsibility for compliance with federal, state or local laws and regulations, except as expressly set forth herein, and compliance with any laws and regulations relating to the operation or use of the Equipment or Software is the sole responsibility of the Purchaser. All laws and regulations referenced herein shall be those in effect as of the Proposal date. In the event of any subsequent revisions or changes thereto, ABB assumes no responsibility for compliance therewith. If Purchaser desires a modification as a result of any such change or revision, it shall be treated as a change per Article 4. Nothing contained herein shall be construed as imposing responsibility or liability upon ABB for obtaining any permits, licenses or approvals from any agency required in connection with the supply, erection or operation of the Equipment. This Agreement shall be governed by the laws of the State of New York, but excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods and excluding New York law with respect to conflicts of law. Purchaser agrees that all causes of action against ABB under this Agreement shall be brought in the State Courts of the State of New York, or the U.S. District Court for the Southern District of New York. If any provision hereof, partly or completely, shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision or portion hereof and these terms shall be construed as if such invalid or unenforceable provision or portion thereof had never existed. 12. OSHA. ABB warrants that the Equipment will comply with the relevant standards of the Occupational Safety and Health Act of 1970 ("OSHA") and the regulations promulgated thereunder as of the date of the Proposal. Upon prompt written notice from the Purchaser of a breach of this warranty, ABB will replace 79 ABB Page 20 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. the affected part or modify it so that it conforms to such standard or regulation. ABB's obligation shall be limited to such replacement or modification. In no event shall ABB be responsible for liability arising out of the violation of any OSHA standards relating to or caused by Purchaser's design, location, operation, or maintenance of the Equipment, its use in association with other equipment of Purchaser, or the alteration of the Equipment by any party other than ABB. 13. Software License. (a) ABB owns all rights in or has the right to sublicense all of the Software, if any, to be delivered to Purchaser under this Agreement. As part of the sale made hereunder Purchaser hereby obtains a limited license to use the Software, subject to the following: (i) The Software may be u sed only in conjunction with equipment specified by ABB; (ii) The Software shall be kept strictly confidential; (iii) The Software shall not be copied, revers e engineered, or modified; (iv) The Purchaser's right to use the Software shall terminate immediately when the specified equipment is no longer used by the Purchaser or when otherwise terminated, e.g. for breach, hereunder; and (v) the rights to use the Software are non -exclusive and non-transferable, except with ABB's prior written consent. (b) Nothing in this Agreement shall be dee med to convey to Purchaser any title to or ownership in the Software or the intellectual property contained therein in whole or in part, nor to designate the Software a "work made for hire" under the Copyright Act, nor to confer upon any person who is not a named party to this Agreement any right or remedy under or by reason of this Agreement. In the event of termination of this License, Purchaser shall immediately cease using the Software and, without retaining any copies, notes or excerpts thereof, return to ABB the Software and all copies thereof and shall remove all machine readable Software from all of Purchaser's storage media. 14. Inventions and Information. Unless otherwise agreed in writing by ABB and Purchaser, all right, title and interest in any inventions, developments, improvements or modifications of or for Equipment and Services shall remain with ABB. Any design, manufacturing drawings or other information submitted to the Purchaser remains the exclusive property of ABB. Purchaser shall not, without ABB's prior written consent, copy or disclose such information to a third party. Such information shall be used solely for the operation or maintenance of the Equipment and not for any other purpose, including the duplication thereof in whole or in part. 15. Force Majeure. ABB shall neither be liable for loss, damage, detention or delay nor be deemed to be in default for failure to perform when prevented from doing so by causes beyond its reasonable control including but not limited to acts of war (declared or undeclared), Acts of God, fire, strike, labor difficulties, acts or omissions of any governmental authority or of Purchaser, compliance with government regulations, insurrection or riot, embargo, delays or shortages in transportation or inability to obtain necessary labor, materials, or manufacturing facilities from usual sources or from defects or delays in the performance of its suppliers or subcontractors due to any of the foregoing enumerated causes. In the event of delay due to any such cause, the date of delivery will be extended by period equal to the delay plus a reasonable time to resume production, and the price will be adjusted to compensate ABB for such delay. 16. Cancellation. Any order may be cancelled by Purchaser only upon prior written notice and payment of termination charges, including but not limited to, all costs identified to the order incurred prior to the effective date of notice of termination and all expenses incurred by ABB attributable to the termination, plus a fixed sum of ten (10) percent of the final total price to compensate for disruption in scheduling, planned production and other indirec t costs. 17. Termination. No termination by Purchaser for default shall be effective unless, within fifteen (15) days aft er receipt by ABB of Purchaser's written notice specifying such default, ABB shall have failed to initiate and pursue with due diligence correction of such specified default. 18. Export Control. (a) Purchaser represents and warrants that the Equipment a nd Services provided hereunder and the "direct product" thereof are intended for civil use only and will not be used, directly or indirectly, for the production of chemical or biological weapons or of precursor chemicals for such weapons, or for any direct or indirect nuclear end use. Purchaser agrees not to disclose, use, export or re-export, directly or indirectly, any information provided by ABB or the "direct product" thereof as defined in the Export Control Regulations of the United States Department of Commerce, except in compliance with such Regulations. (b) If applicable, ABB shall file for a U.S. export license, but only after appropriate documentation for the license applica tion has been provided by Purchaser. Purchaser shall furnish such documentation within ABB a reasonable time after order acceptance. Any delay in obtaining such license shall suspend performance of this Agreement by ABB. If an export license is not granted or, if once granted, is thereafter revoked or modified by the appropriate authorities, this Agreement may be canceled by ABB without liability for damages of any kind resulting from such cancellation. At ABB's request, Purchaser shall provide to ABB a Letter of Assurance and End-User Statement in a form reasonably satisfactory to ABB. 19. Assignment. Any assignment of this Agreement or of any rights or obligations under the Agreement without prior written consent of ABB shall be void. 20. Nuclear Insurance – Indemnity. For applications in nuclear projects, the Purchaser and/or its end user customer shall have complete insurance protection 80 ABB Page 21 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. against liability and property damage resulting from a nuclear incident to and shall indemnify ABB, its subcontractors, suppliers and vendors against all claims resulting from a nuclear incident. 21. Resale. If Purchaser resells any of the Equipment, the sale terms shall limit ABB's liability to the buyer to the same extent that ABB's liability to Purchaser is limited hereunder. 22. Entire Agreement. This Agreement constitutes the entire agreement between ABB and Purchaser. There are no agreements, understandings, restrictions, warranties, or representations between ABB and Purchaser other than those set forth herein or herein provided. 81