HomeMy WebLinkAboutPR 22994: PURCHASE OF A NATURAL GAS GENERATOR FOR THE HEALTH FACILITY \ � 1,
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INTEROFFICE MEMORANDUM
Date: January 20, 2023
To: The Honorable Mayor and City Council
Through: Ronald "Ron" Burton, City Manager
From: Pamela D. Langford, Director of Planning & Development Services
RE: P.R. NO. 22994— Purchase of a natural gas generator for Port Arthur
Health Facility, located at 5860 9th Avenue
Introduction:
This Agenda Item intends to seek the City Council's approval of P.R. NO. 22994,
authorizing the City Manager to execute an agreement with Waukesha-Pearce
Industries, Inc. for the purchase, delivery, and installation of a 750KW Natural Gas
Generator for the Port Arthur Health Facility, located at 5860 9th Avenue, Port Arthur,
Texas.
Background:
Pursuant to Resolution No. 22-413, City Council authorized the City Manager to execute
a construction contract with N&T Construction, Co., Inc. of Beaumont, Texas, for the
renovation of the City of Port Arthur's Health Facility, located at 5860 9th Avenue, Port
Arthur, Texas.
As part of this agreement, City Officials, Construction Manager, and the Contractor have
conducted several meetings to discuss value engineering that would provide cost
savings to the City while prioritizing and ensuring the department's needs are met.
In evaluating the cost estimate provided for the building's purchase and installation of
generator power, it was realized that the City could offer cost savings by purchasing the
generator through its cooperative contract with BuyBoard. This will provide fora Change
Order which will reflect the savings and include other findings discovered during the
project's demolition phase.
It is vital that the Health Department be provided with a backup power source for several
reasons. Some of those reasons include the storage of medications that require
refrigeration, access to vital medical records and files, and the need to keep the facility
chilled to combat against the spread of bacteria and viruses and provide services, such
as testing, vaccinations, and other essential services. The City of Port Arthur's Health
Department also plays a crucial role in achieving national health security by preparing
the community for disasters, responding to emergencies, and lending support through
recovery.
As part of the BuyBoard Cooperative Purchasing Program, the City received a quote
from Waukesha-Pearce Industries, Inc. for purchasing, delivering, and installing a
750KW Natural Gas Generator to help facilitate activities for the Department of Health
Services during natural disasters that result in power outages.
Nick Newell, the sales representative with Waukesha-Pearce, provided a BuyBoard
quote on January 9, 2023.
Budget Impact:
The generator will be purchased through BuyBoard pricing for $694,302.00. Funding
available in Capital Account: 307-21-049-8512-00-10-000; Project No. B00006 OTH.
Recommendation:
It is recommended that City Council approve P.R. NO. 22994, authorizing the City
Manager to execute an agreement with Waukesha-Pearce Industries, Inc. for the
purchase, delivery, and installation of a 750KW Natural Gas Generator for the Port
Arthur Health Facility, located at 5860 9th Avenue, Port Arthur, Texas.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 . FAX 409.982.6743
P.R. NO. 22994
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH WAUKESHA-PEARCE
INDUSTRIES, INC. FOR THE PURCHASE, DELIVERY, AND
INSTALLATION OF A GENERAC SG0750 750KW NATURAL GAS
GENERATOR FOR THE HEALTH DEPARTMENT FACILITY
LOCATED AT 5860 9TH AVENUE THROUGH THE BUYBOARD
COOPERATIVE PURCHASING PROGRAM, CONTRACT NO. 657-
21, WITH THE PROJECTED BUDGETARY AMOUNT OF
$694,302.00; FUNDING AVAILABLE IN CAPITAL
IMPROVEMENTS ACCOUNT NO. 307-21-049-8512-00-10-000;
PROJECT NO. B00006 OTH.
WHEREAS, a commercial generator is a valuable continuity tool that is vital for
keeping the City operational in the event of power outages, including during an
emergency, and provides convenience and peace of mind in the event of a power loss;
and
WHEREAS, natural disasters, aging electrical infrastructure, and accidents
attributed to human error are all significant contributors to the loss of power to
municipalities, residents, and industry; and
WHEREAS, it is vital that the Health Department be provided with a backup power
source for several reasons, including not limited to the storage of medications that require
refrigeration, access to vital medical records and files, and the need to keep the facility
chilled to combat against the spread of bacteria and viruses; and
WHEREAS, the need for power will be essential in providing all tools (i.e.,
computers, telephone system, printers, copiers, and charging stations) necessary for the
proper functioning of the facility; and
WHEREAS, Texas largely relies on natural gas, especially during times of high
demand, to power the state; and
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WHEREAS, natural gas is about half the cost of diesel and provides economical
run times, and gas utility infrastructure is reliable as an emergency fuel source; and
WHEREAS, the Health Department is recommending that the City Council
authorize the purchase, delivery, and installation of a Generac SG0750 750KW Natural
Gas Generator for the Health Department Facility, located at 5860 9th Avenue, Port
Arthur, Texas, from Waukesha-Pearce Industries, Inc., through BuyBoard Purchase with
the projected budgetary amount of $694,302.00, as delineated in Exhibit "A"; and
WHEREAS, Chapter 271 of the Local Government Code allows a city, by
Resolution of its governing body, to participate in cooperative purchasing programs, such
as BuyBoard, a purchasing cooperative, as an alternative to a formal bid process; and
WHEREAS, pursuant to Resolution No. 02-341, the City of Port Arthur entered into
an interlocal agreement for cooperative purchasing with Texas BuyBoard; and
WHEREAS, Waukesha-Pearce Industries, Inc. is an approved vendor through
BuyBoard; and,
WHEREAS, funding is available in Capital Improvements Account No. 307-21-
049-8512-00-10-000; Project No. B00006 OTH; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT, the facts and opinions in the preamble are true and correct; and,
THAT, the City Manager is hereby authorized to execute an agreement with
Waukesha-Pearce Industries, Inc. for the purchase, delivery, and installation of a
Generac SG0750 750KW Natural Gas Generator for the Health Department Facility,
located at 5860 9th Avenue, Port Arthur, Texas, through BuyBoard Cooperative
Purchasing Program, Contract No. 685-22, in the projected budgetary amount of
MP
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$694,302.00; Funding available in Capital Improvements Account No. 307-21-049-8512-
00-10-000; Project No. B00006 OTH.
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the
City Council.
READ, ADOPTED, AND APPROVED this the day of January, A.D. 2023
at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following
vote: AYES:
Mayor:
Council members:
Noes:
Thurman Bill Bartle, Mayor
ATTEST:
Sherri Bellard, TMRC, City Secretary
APPROVED AS TO F RAM:
Valecia " al i no, Cit tt ney
P.R. NO. 22994
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APPROVED FOR ADMINISTRATION:
Q�vn t L jJ .
an7C0
Ronald "Ron" Burton, City Manager Pamela D. Langford, Assiant City
Manager - Operations
APPROVED AS TO AVAILABILITY OF FUNDS:
(1.)
Kandy Daniel, Interim Finance Director
4,4
Clift.n Williams, CPPB, Purchasing Manager
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EXHIBIT "A"
P.R. NO. 22994
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Board e Texas Association of School Boards
• • Cooperative Purchasing BUYBOARD Quotation
Quote Date I January 9,2023 I I WPI Quote Number 00722-001 NN
Contract No. 657-21
Quotation To Vendor ID 837
Buying Agency City of Port Arthur I Waukesha-Pearce Industries Inc.
Contact Clifton Williams ' Generator Division
Phone 409-983-8162 Contact Nick Newell
Fax Phone 832-350-9168
Email c I on.wi iamsaportarthurTX.goy, Fax
Email nick.newell(a7wpi.com
Pricing Based On Maunufacturer's Price List Dated: 12/01/21 Contract Discount 33.0%
Factor 67.0%
A. Base Unit:
Brand Model No. Description List Price Net Price
Generac SG0750 750KW Natural Gas $ 588,461.00 $ 394,268.87
Includes All Standard equipment&attachments as listed in attached brochures and delivery to your facility.
B. Factory options and attachments
Sales Code Description List Price Net Price
2 ATS-1600-3 $ 29,792.00 $ 19,960.64
2 ATS $ 7,284.00 $ 4,880.28
Sub Total $ 24,840.92
C. Non-Factory options and attachments
Sales Code Description Net Price
32 Installation and Final Electrical Termination $ 272,510.00
Sub Total $ 272,510.00
D. Other applicable charges. Allowances, Trade-Ins, Special Discounts, etc.
Description Net Price
WPI Terms and Conditions apply to this quote
Freight to and startup to job site $ 8,636.00
All Fuel by others
Additional Discount $ (5,953.79)
Sub Total $ 2,682.21
TOTAL PURCHASE PRICE: $ 694,302.00
Delivery:I Equipment est. -36-38 weeks ARO
Pricing valid for thirty(30)days from this date. Orders after that period must be re-quoted.
Transmit copy of quotation with purchase order issued to WPI to:
Texas Association of School Boards,BuyBoard,PO Box 400,Austin, TX 78764-0400 email: buyboard@tasb.org
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Waukesha-Pearce Industries
12320 South Main Street, Houston, TX 77035
Phone: 713-723-1050 — Fax: 713-551-0799
POWERED 3Y SOLUTIONS
Date: September 29, 2022
Company: City of Port Arthur
Attention: Clifton Williams
Quote Number: 070722-001 NN
Reference:
Thank you for considering WPI for your Power Generation needs.We are pleased to offer the
following bill of material based on your recent request and the above referenced project.
Port Arthur Public Health Bill of Material
Quantity 1 - Generac Industrial gaseous engine-driven generator,
turbocharged/aftercooled 12 cylinder 33.9L engine, consisting of the following features
and accessories:
• Stationary Emergency-Standby rated
• 750 kW Rating, wired for 277/480 VAC three phase, 60 Hz
• Permanent Magnet Excitation
• Standard Weather Protective Enclosure, Steel
• Industrial Grey Baked-On Powder Coat Finish
• UL2200
• EPA Certified
• Power Zone Digital Control Panel for Single or MPS Generators
o Meets NFPA 99 and 110 requirements
o Temp Range -40 to 70 degrees C
o Humidity 2—95% (Non Condensing)
o UL6200
o C-ETL-US
o CE
o FCC
o IEC801 (Radiated Emissions, Susceptibility, and Surge Immunity)
O 7" Resistive Color Touchscreen
• Built-in Wi-Fi, Bluetooth, and Webserver
• IP65 (front)
• Auto/Manual/Off key switch, Alarm Indication, Not in Auto
Indication, audible alarm, emergency stop switch
Dual Core Digital Microprocessor
• RS485, Ethernet and CANbus ports
o All engine sensors are 4-20ma for minimal interference
• Sensors: Oil Pressure, optional Oil Temp, Coolant Temp and Level,
Fuel Level/Pressure (where applicable), Engine Speed, DC Battery
Page 1 of 7 POWERED BY SOLUTIONS Rev.05/20/2018
P.R. NO. 22994
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Waukesha-Pearce Industries
12320 South Main Street, Houston, TX 77035
Air Phone: 713-723-1050 -- Fax: 713-551-0799
POWERED BY SOLUTIONS
Voltage, Run-time Hours, Generator Voltages, Amps,
Frequency, Power, Power Factor
• Alarm Status: Low or High AC Voltage, Low or High Battery
Voltage, Low or High Frequency, Pre-low or Low Oil Pressure, Pre-
high or High Oil Temp (optional), Low Water Level and Temp, Pre-
high or High Engine Temp, High, Low, and Critical-low Fuel
Level/Pressure (where applicable), Overcrank, Over and Under
Speed, Unit Not in Automatic
• Programmable I/O
• Built-in PLC for special applications
o Engine function monitoring and control:
• Full range standby operation; programmable auto crank,
Emergency Stop, Auto-Off-Manual switch
• Isochronous Governor
• 0.25% digital frequency regulation with: soft-start ramping -
adjustable, gain - adjustable, overshoot limit- adjustable
• 3 Phase RMS Voltage Sensing
• +/-0.5% digital voltage regulation with: soft-start voltage
ramping - adjustable, loss of sensing protection -adjustable,
negative power limit - adjustable, Hi/Lo voltage limit -
adjustable, V/F slope and gain - adjustable, fault protection
o Service reminders, trending, fault history (alarm log)
O 12T function for full generator protection
o Selectable low-speed exercise
2-wire start controls for any 2-wire transfer switch
• 21 Light Annunciator- Surface
• Remote Emergency Stop Switch, Break-Glass, shipped loose
• Natural Gas fuel system
• Battery Charger, 20 Amp, NFPA 110 compliant, installed
• Block heater 6000W 480V 3PH
• Spring Vibration Isolators
• Enclosure 120VAC Light Package
• Std set of 3 Manuals
• 120V GFCI and 240V Outlet
• 24 Position 1 PH Load Center
• Alternator Strip Heater
• Flex Fuel Hose, shipped loose
• Flush Mount Annunciator Kit
• Oil Temp Sender
• MLCB, 100% rated Electronic, Adjustable
1600 Amp
• Secondary MLCB, 100% rated Electronic, Adjustable
Page 2 of 7 POWERED BY SOLUTIONS Rev.±L5/28/2018
P.R. NO. 22994
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Waukesha-Pearce Industries
12320 South Main Street, Houston, TX 77035
Phone: 713-723-1050 Fax: 713-551-0799
PG WERED BY SOLUTIONS
150 Amp
• 5-Year Comprehensive Warranty
• SG0750KG02339N18PPYYE
Quantity 1 - G33.9L GAS 5C 5 YR P/LIT
Quantity 1 — 1600A SER ATS
• NEMA 3R
• Service Entrance Rated
• 4 Pole
• 480VAC
• Integrated Docking Station and Distrobution Load Center
Quantity 1 — 150A ASCO ATS
• 300 Series
• Nema1
• Non SER
• 4 Pole
• 480VAC
Quantity 1 — Turn Key Installation
Quantity 1 —WPI Standard Factory Start-Up &Warranty Registration
FOB Shipping Point
Project Clarifications:
• Quotation based on one-line only. No other information was provided for consideration
in this proposal. Compliance with any other specification section(s) or drawing(s) is
specifically excluded including those incorporated by reference.
• ATS upsized per manufacturer's availability.
• Exclusion on of Turn Key Installation (Plumbing, Concrete Removal, Fencing and
Bonding)
Standard Clarifications:
• All purchase orders are to be submitted to PowerGenPOawpi.com and (your email
address).
• New cancellation policy included in WPI Terms and Conditions.
• Sales Tax is NOT Included.
Page 3 of 7 POWERED BY SOLUTIONS Rev.05/2 8/2018
P.R. NO. 22994
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Waukesha-Pearce Industries
12320 South Main Street, Houston, TX 77035
Ai Phone: 713-723-1050 Fax: 713-551-0799
POWERED BY SOLUTIONS
• All gas train accessories by others.
• Any Factory witness test expenses by others.
• Offering manufacturers standard materials of construction.
• Offering manufacturers'standard field testing, Startup&Warranty Registration unless
specifically noted above only.
• Quotation is limited to the quantity and description listed above.
• External plumbing& required Primary Gas Pressure Reducing Regulator by others
• Recommended gas supply guidelines available at www.enerciv.wpi.com.
• All Fuel to be provided by others.
• Startup/commissioning must be done within 1 year of factory shipment.
• Responsibility of freight claims to be done by others.
• Jobsite Offloading/Setting is to be done by others.
• Installation & External Wiring is to be done by others.
• Assumes that all work will be done during Normal Business Hours (M-F 8-5)
• Manufacturers'standard literature available upon request.
• This quotation is subject to WPI Terms and Conditions.
• Roof curbs and all roof accessories by others.
• Quotation is valid for 30 days.
Taxable customers are subject to a 1.5% Diesel Surcharge Tax on all units 50Hp and up.
Current estimated lead time is 30-36 weeks from release to order and approved credit by
WPI Credit department. All lead times are updated periodically and are subject to
change.
Best Regards,
Nick Newell
New Unit Sales
Waukesha-Pearce Industries
Phone: (832) 350-9168
Email: Nick Newell@wpi.com
www.woi.com
Page 4 of 7 POWERED BY SOLUTIONS Rev.05/28/Z01S
P.R. NO. 22994
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Waukesha-Pearce Industries
�r 12320 South Main Street, Houston, TX 77035
S® Phone: 713-723-1050 Fax: 713-551-0799
POWERED BY SOLUTIONS
Other services available include Paralleling,Turnkey Services,Remote Monitoring Systems,Preventative Maintenance
Agreements,Fuel Maintenance Services,Annual Load Testing,Multi-Purpose Docking Stations and other Power
Generation Needs.
Page 5 of 7 POWERED BY SOLUTIONS Rev.05/2 8/2018
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Waukesha-Pearce Industries,Inc.(WPI)
Standard Terms and Conditions of Sale
1.Acceptance
All quotations offered by WPI are subject to acceptance within thirty(30)days from the quoted date.
2.Payment Terms
Subject to WPI Credit Department approval,WPI's payment terms are Net-30 Days from date of invoice. WPI does NOT allow for the buyer to
withhold"Retainage"from final payment.In the event that WPI requires progress payments the following milestone achievements are:
50%upon submittal approval and release of order to the factory
50%upon completion of equipment,shipment from the factory and prior to delivery to customer site
3.Cancellation or Termination
The Buyer,only upon payment of reasonable cancellation charges related to expenses already incurred andlor commitments made by WPI,
may cancel any order placed with WPI. Cancellation charges for Generac Power Systems equipment purchases are subject to the following
charges:
For Orders<S100.000 in Total Price:
20 weeks prior to ship date 10%of Selling Price
• 18 weeks prior to ship date 20%of Selling Price
16 weeks prior to ship date 30%of Selling Price
- 15 weeks prior to the ship date or less 40%of Selling Price
- Discontinued Product(Engine)No Cancellations Accepted
Non-Standard Tanks
- Special Engineering(Upon Generac SEQ Approval)Incremental 10%of Selling Price
For Orders>S100,000 in Total Price:
- 20 Weeks Prior to Ship Date 10%of Selling Price
- 18 Weeks Prior to Ship Date 15%of Selling Price
16 Weeks Prior to Ship Date 20%of Selling Price
- 14 Weeks Prior to Ship Date 30%of Selling Price
- 13 Weeks Prior to Ship Date 40%of Selling Price
- 12 Weeks Prior to Ship Date 50%of Selling Price
- 10 weeks prior to the ship date or less 60%of Selling Price
- Discontinued Product(Engine)No Cancellations Accepted
- Special Engineering(Upon Generac SEQ Approval)10%of Selling Price
Cancellation For PSTS Transfer Switch Orders:
PSTS Products<1000 Amps:
- >18 Weeks Prior to Ship Date 0%of Selling Price
- 14-18 Weeks Prior to Slip Date 25%of Selling Price
- Less than 14 Weeks Prior to Ship Date 100%of Selling Price
PSTS Products>1000 Amps:
- 13 Weeks Prior to Ship Date 0%of Selling Price
- 12-13 Weeks Prior to Ship Date 25%of Selling Price
- Less than 12 Weeks Prior to Ship Date 100%of Selling Price
Residential Products:
Cancellation of stock item products is permitted provided the cancellation request is executed by Generac sales and order entry
prior to shipment. Cancellations are subject to the following fees:
- 2-4 Weeks Prior to Ship Date 2%of Selling Price
- 1 Day-2 Weeks Prior to Ship Date 5%of Selling Price
Product purchased with special engineering requirements or discontinued engines are subject to 100%cancellation charge.
4.Change Orders
No alterations in specifications,either for total quantity,delivery,mechanical,electrical or other details may be made without written consent
of WPI and readjustment of price and estimated delivery. Change order requests are subject to the following fees and based on factory
shipping windows:
• 4.6 weeks prior to ship date......... A%
• 2.3 weeks prior to ship date 6%
• Less than 2 weeks................._ No Changes Accepted
Depending on the nature and timing of the changes requested.it may be necessary to reschedule production to a later date.
5.Taxes
In addition to the prices stated in the quote,Buyer shall reimburse WPI for any excise,sales,diesel fuel surcharge or use tax incident to this
transaction for which WPI may be liable or compelled to collect.
6.Shiooino Dates
Any shipment date provided in the quote is approximate and is estimated based on the advised lead-times provided by the manufacturer(s)
of the equipment quoted. Upon receipt of a Purchase Order from Buyer,along with complete specifications and drawings approval,if required,
and after receipt of WPI's Purchase Order to the manufacturer the estimated delivery will again be advised by the manufacturer to WPI and
WPI will update Buyer on the new estimated delivery. WPI shall not be liable for any loss or damage for delay or non-delivery due to the acts
of civil or military authority,acts of the Buyer or by reason of Force Majeure,which shall be deemed to mean all other causes whatsoever not
reasonably within the control of WPI,including,but not limited to Acts of God,war,riots or insurrection,blockades,embargoes,sabotage,
Page 6 of 7 POWERED BY SOLUTIONS Rev.05/28/2018
P.R. NO. 22994
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PAGE 13 OF 13
Waukesha-Pearce Industries,lnc.(WPI)
Standard Terms and Conditions of Sale
epidemics,fires,strikes,lockouts or other industrial disturbances,delays of carriers,the inability to secure materials,labor shortages or
manufacturing delays. Arty delay resulting from any such cause shall extend shipping dates correspondingly.WPI shall in no event be liable
for any special,direct or indirect or consequential damages arising from delay(s)irrespective of the reason.
7.Shipping and Delivery Acceptance
tt is the responsibility of the buyer or the buyer's representative to inspect all equipment at time of delivery for visible or concealed freight
damage. Apparent and concealed damage must be noted on the driver's delivery ticket and subsequent freight claims must be completed
and filed directly with the drayage company by the Buyer. In most cases,buyer has up to 30 days to file freight claims when damage is noted
with the freight carrier at time of delivery. In most cases,buyer has up to 5 days to file freight claims on damage found after equipment is
delivered but not noted at time of delivery. WPI is NOT responsible for damages incurred to equipment during shipment nor is responsible
for filing freight claims on damaged equipment incurred in shipment.
8.Equipment Storage
It is hereby understood and agreed that the customer will accept delivery of all purchased equipment within 30 days of fabrication completion.
WPI may,at the customers written request,store or stage all or part of,the customers purchased equipment at one of our strategic facilities
provided the customer submits an acceptable`Bill&Hold"letter to WPI Inventory Control Department.Buyer hereby agrees to pay WPI in full
for all stored equipment within the terms of the contract(Net 30)otherwise the order will subject to incur storage fees of 3%of the contracted
sales price per month.
9.Indemnity
Buyer agrees that it will indemnify and hold harmless WPI,its officers,agents and employees,from and against any and Al claims,losses.
damages,causes of action,suits and liabilities of every kind,including all expenses of litigation court costs and attorneys fees,forfeiture of
an oil,gas or mineral lease.damage to a producing reservoir or lease operations of lost production,denied certificate of occupancy or"Green
Tag"from the local"AHJ",arising out of,or in any way connected with the failure of,or the operation of the equipment sold by WPI.unless
WPI is proven in court to be 100%solely negligent in its responsibilities.
10.Consequential Damages and Other Charges
WPI will not be responsible or liable for any special,direct,indirect or consequential damages or for any operational interruptions or delays,
production loss, or other damages or claims of whatever kind caused by or arising out of the fabrication, manufacture, sale,delivery,
installation use,breakage or performance of equipment sold or any part thereof,except only to the extent and in the manner set out in Item
12 below having to do with warranty.
11.Performance Guarantee
Performance is subject to manufacturer's guarantees for horsepower and capacities and is subject to de-rating for actual site conditions.
12.Comments and Exceptions
When Buyer's specifications are attached to or referenced in an invitation to quote.WPI makes a thorough and sincere effort to review these
and provide a quote based on WPI's interpretation of the Buyer's specification. WPI's quote will clearly state what is included and what our
interpretation is of Buyer's requirements. It is the Buyer's responsibility to review WPI's quote carefully and advise WPI of any discrepancies
between Buyer's specification and WPI's quote.WPI's quote constitutes WPI's total offer and only those items;procedures,scope and content
clearly stated in the quote are included and WPI makes no guarantee that the products quoted will meet the Buyer's specifications.
13.Warranty
WPI warrants that the equipment of its own fabrication shall be free from defects in design.material,workmanship and title.under normal
use,service,and operating conditions,for the period of one(1)year from date of start-up or commissioning or eighteen(18)months from
date of shipment.WPI's exclusive remedy for breach of this warranty shall be repair or replacement of any defective parts packaged by WPI.
F.O.B.Houston,Texas. Accessories or equipment furnished by WPI,but manufactured by others,shall carry that manufacturer's warranty.
which will be passed-on to Buyer. WPI shall not be liable for any repairs,replacements,or adjustments to the equipment or any costs of labor
performed by the Buyer or others without WPI's prior written approval. WPI will serve the Buyer by acting as Buyer's representative in regard
to warranty claims for items not manufactured by WPI. However warranty in all cases is limited to the manufacturers'warranty. Any part(s)
found to be defective will be replaced at no charge subject to each manufacturers'respective warranty policy,which WPI will administer.Any
parts)replaced that are not subsequently found to be defective by the manufacturer will be charged to the Buyer. Warranty labor for
replacement or repair is on site only.Buyer is responsible for travel time,transportation and expenses to and from the closest WPI location,
to the location of the subjected equipment. Should WPI travel to the location and find that the cause is not warrantable,all expenses incurred
by WPI,to include travel and labor.will be billed to the Buyer at WPI's posted rates. WPI will not be responsible for crane.barge,or special
transportation charges associated with warranty repairs.
14.Literature
WPI will provide upon request,the manufacturers standard literature.This includes Spec Sheets.Bill of Materials.Drawings,Operation and
Maintenance Manuals and/or Factory Test Reports.WPI takes exception to all specification requirements&requests for non-standard factory
literature.
15.Hours of Operation
This bid assumes all work will be done during normal business hours.Normal hours of operation for WPI are 8 am-5 pm Monday-Friday.Any
work performed outside of the normal operating hours will be billed at 1.5 times our current labor rate.
16.Start-Up
When factory start-up services and field testing are included as part of a quoted package it is understood that the equipment will be made
available by the buyer for WPI to perform the factory services within six(6)months of shipment.Additional charges may be required for
factory services performed beyond the six(6) month window. Customer has one year(365 days)from the initial ship date of a Generac
generator to be started up/commissioned and filed oriine via GENservice. Registration will then activate the warranty start date. If the product
is not started up/commissioned within the first year of the ship date,the warranty start date will revert back to the initial ship date. In addition,
any product not started up in the first year must have the Long Term Preservation and Storage Procedure performed and the form completed.
Forms must be submitted BEFORE the first year after the initial ship date has expired.
Page 7 of 7 POWERED BY SOL