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HomeMy WebLinkAboutPR 23147: UPGRADE CONTROLS FOR CLARIFIERS 3 & 4 AT THE WATER PURIFICATION PLANT Energy Cav �11 net rthur Tr INTEROFFICE MEMORANDUM Date: May 10, 2023 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Calvin Matthews, P.E., Water Utilities Director RE: PR 23147—Upgrade Controls for Clarifiers 3 & 4 at the Water Purification Plant Introduction: The clarifiers at the Water Purification Plant operate using controllers. The existing controllers have reached the end of their support lifecycle. Champion Technology Services recommends upgrading the controllers to Micro850, which operations uses on Clarifiers 1 & 2. The installation has a projected budgetary impact of$33,730.00. Funding is available in Account No. 410-40-210-5318-00-00-000, Equipment Maintenance. Background: The clarifiers at the Water Purification Plant operate using controllers. The existing controllers have reached the end of their support lifecycle. Champion Technology Services recommends upgrading the controllers to Micro850, which operations uses on Clarifiers 1 & 2. Budget Impact: The installation has a projected budgetary impact of$33,730.00. Funding is available in Account No. 410-40-210-5318-00-00-000, Equipment Maintenance. Recommendation: It is recommended that City Council approve PR 23147, authorizing the upgrade of the controllers at the Water Purification Plant, as discussed/outlined above. "Remember, we are here to serve the Citizens of Port Arthur" PR No. 23147 5/10/23 bw Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO UPGRADE THE WATER PURIFICATION PLANT CLARIFIER CONTROLS BY CHAMPION TECHNOLOGY SERVICES OF PORT ARTHUR, TEXAS WITH A TOTAL PROJECTED BUDGETARY IMPACT OF $33,730.00; FUNDING IS AVAILABLE IN WATER UTILITIES ACCOUNT NO. 410-40-210-5318-00-00-000, EQUIPMENT MAINTENANCE. WHEREAS, the clarifiers at the Water Purification Plant operate using controllers and these controllers have reached the end of their support lifecycle; and, WHEREAS, Champion Technology Services of Port Arthur, Texas recommends upgrading the controller to Micro850 for Clarifiers 3 & 4 with a projected budgetary impact of $33,730.00, in the proposal attached hereto as Exhibit"B"; and, WHEREAS,this purchase is authorized by Procurement Policies and Procedures Section 3-105 Sole Source Procurement, b) Compatibility—The product must match an existing brand of equipment for compatibility and is available from only one supplier(Exhibit"A"); and, WHEREAS, this procurement is exempt from the bid process under Texas Local Government Code Section 252.022, General Exemptions(a) (7) (D), captive replacement parts or components for equipment; and, WHEREAS,funding is available in Water Utilities Account No.410-40-210-5318-00-00- 000, Equipment Maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions of the preamble are true and correct; and. THAT,the City Council hereby authorizes the City Manager to enter into a contract with Champion Technology Services of Port Arthur, Texas for the upgrade of the controllers at the Water Purification Plant with a projected budgetary impact of$33,730.00; and, PR No. 23147 5/10/23 bw Page 2 of 3 THAT, a copy of the caption of the Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of , A.D. 2023 at a meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: NOES: Thurman Bill Bartie Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: h-€11 Val Tizenq Ronald Burton City Attorney City er alvin atthe , P.E. Water Utilities Director PR No. 23147 5/10/23 bw Page 3 of 3 APPROVED AS TO AVAILABILITY OF FUNDS: Kandy Daniel CIF on Williams, CPPB Finance Director Purchasing Manager EXHIBIT "A" Champion Technology Services.Inc. • C M P I 0 N 7980 Anchor Drive.Bldg.200 Port Arthur.TX 77642 E Q'/{C E S P:(409)527-6545 Jeff Wyble City of Port Arthur Water Purification Plant Dear Mr. Wyble, Champion has served the needs for this facility since 2014 and is the only Automation Systems Integrator in the southeast Texas and southwest Louisiana area to hold partnerships with the two automation manufacturers implemented at this site. These include: • Recognized Systems Integrator for Rockwell Automation with engineers certified in PlantPAx. • GE Industrial Solution Partner for the RX3i line of products. Feel free to reach out to me directly if additional information is required. Regards, Gw! Scott Thompson Automation Manager Champion Technology Services, Inc. (337) 533-8800 scott.thompson@champtechnology.com EXHIBIT "B" CONTRACT FOR UPGRADE OF CONTROLS TO WATER PURIFICATION CLARIFIER 3 & 4 THIS AGREEMENT, made this day of , 2023, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and Champion Technology Services of Port Arthur, Texas,a limited liability corporation herein acting by and through hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be 24 weeks from start date on Notice to Proceed. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. The Contractor will perform work as specified in the attached contract documents. 3. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 4. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the not to exceed sum of$33,730.00. 5. The term "Contract Documents" means and includes the following: a) Agreement b) Bid/Quote/Estimate c) Notice of Award d) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 7. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in (2 copies) each of which shall be deemed an original on the date first above written. A- 1 Signed on the day of 2023. ATTEST CITY OF PORT ARTHUR BY Sherri Bellard, Ronald Burton, CITY SECRETARY CITY MANAGER Signed on the day of 2023. WITNESS: CONTRACTOR: CHAMPION TECHNOLOGY SERVICES By Print Name: Print Name: Title: A- 2 CHAMPION TECHNOLOGY Collaborate Innovate Accelerate PROPOSAL NO. Q20220564 CLARIFIER 3 AND 4 UPGRADE CITY OF PORT ARTHUR WATER PURIFICATION PLANT Asa Ange Engineering Manager Beaumont, TX December 13, 2022 www.ChampTechnology.com Champion Technology Services, Inc. CliAMPION 7980 Anchor Drive,Bldg.200 Port Arthur,TX 77642 SERVICES 409-527-6545 Jeff Wyble City of Port Arthur Water Purification Plant Dear Mr. Wyble, Thank you for giving Champion Technology Services, Inc. ("Champion")the opportunity to provide City of Port Arthur Water Purification Plant ("City of Port Arthur')with this proposal for the Clarifier 3 and 4 Upgrade. At Champion, we value the trust City of Port Arthur places in our team. It is our mission to develop a unique solution to meet the needs of your request. As such, we view this project as an opportunity to grow the relationship between our organizations by providing City of Port Arthur with dedicated customer service and excellent workmanship. Your trust in us will be mirrored in our commitment to provide a high- quality solution and smooth project execution. The following proposal outlines basic details of the Champion solution. Additionally, a pricing breakdown of the proposed offering is on page 12. Our team looks forward to partnering with City of Port Arthur's team on this project. If there are any questions, comments, or concerns, please contact me at 409-527-6545. Sincerely, Asa Ange Engineering Manager Champion Technology Services, Inc. 409-527-6545 asa.ange@champtechnology.com 0 How Are We Doing? Take Our 5 Minute Survey. CONFIDENTIALITY NOTICE:This proposal and its contents are confidential and proprietary to Champion Technology Services, inc. This information is specifically provided in confidence to the individual or entity named in the document with the understanding that it may not be disclosed,copied,or distributed,in whole or in part,to a third party or used for any purpose other than evaluation of this proposal. Issue Date: 12/13/2022 CONFIDENTIAL INFORMATION Proposal. Q20220564 Clarifier 3 and 4 Upgrade Revision: 0.0 www.ChampTechnology.com Page 2 of 16 • Champion Technology Services, Inc. CHAMPION 7980 Anchor Drive, Bldg.200 Port Arthur,TX 77642 SERVICES 409-527-6545 TABLE OF CONTENTS Revisions 4 1. Proposed Solution 5 Basis for Proposal 5 Champion Deliverables 5 Material 6 2. Clarifications and Exceptions 7 Clarifications 7 Exceptions 8 3. City of Port Arthur Responsibilities 9 Standard Responsibilities 9 Proposal-Specific Customer Responsibilities 10 4. Schedule 11 5. Proposal Pricing 12 Standard Terms and Conditions 14 CONFIDENTIALITY NOTICE:This proposal and its contents are confidential and proprietary to Champion Technology Services,Inc.This information is specifically provided in confidence to the individual or entity named in the document with the understanding that it may not be disclosed,copied,or distributed,in whole or in part,to a third party or used for any purpose other than evaluation of this proposal. Issue Date: 12/13/2022 CONFIDENTIAL INFORMATION Proposal. 020220564 Clarifier 3 and 4 Upgrade Revision: 0.0 www.ChampTechnology.com Page 3 of 16 Champion Technology Services,Inc. C M P I 0 N 7980 Anchor Drive, Bldg.200 Port Arthur,TX 77642 SERVICES 409-527-6545 REVISIONS Revision Date Description Champion Approval Customer Approval 0.0 12/13/2022 Issued for Acceptance Asa Ange CONFIDENTIALITY NOTICE:This proposal and its contents are confidential and proprietary to Champion Technology Services,Inc.This information is specifically provided in confidence to the individual or entity named in the document with the understanding that it may not be disclosed:copied,or distributed,in whole or in part,to a third party or used for any purpose other than evaluation of this proposal. Issue Date: 12/13/2022 CONFIDENTIAL INFORMATION Proposal: Q20220564 Clanfier 3 and 4 Upgrade www.ChampTechnology.com Revision: 0.0 Page 4 of 16 �° Champion Technology Services,Inc. C w'\Yl'- F''O w'\VI. 7980 Anchor Drive, Bldg.200 Port Arthur,TX 77642 SERVICES 409-527-6545 1 . PROPOSED SOLUTION BASIS FOR PROPOSAL This proposal is based on a request from City of Port Arthur for the following scope of work: • Upgrade controls for Clarifiers 3 &4 The City of Port Arthur will initiate a project focused on upgrading the Allen-Bradley Micro1500 attached to Clarifier's 3 &4. This existing controller reached its end of support lifecycle, placing a strain on spare hardware replacement. Therefore, site stakeholders seek to upgrade the controller to a Micro850, which operations uses on Clarifiers 1 &2. CHAMPION DELIVERABLES Champion will upgrade the existing Allen-Bradley Micro1500 to a new Micro850. Project scope will utilize the existing enclosure housing the Micro1500 and will integrate the new Micro850 using a rip and replace approach. Configuration scope will involve converting and merging the existing MicroLogix 1500 program into one Micro850 program. In addition, the proposed solution will incorporate any graphic development necessary for the control system upgrade. Proposed deliverables include: • Kickoff Meeting—Champion will attend a kickoff meeting at the City of Port Arthur facility. During this meeting, Champion and City of Port Arthur stakeholders will discuss project specifications in detail including scope, schedule, and pricing baselines. • Engineering Study—Champion will conduct a study to gather project-related details. The information compiled will shape the project strategy moving forward. • Design & Drawings—Champion will provide the following drawing efforts: o Modify one (1) enclosure layout drawing o Modify one (1) power distribution drawing o Modify one (1) bill of materials o Develop new I/O schematics (1 drawing for every 2 Micro850 I/O modules) • Functional Requirements Specification (FRS)to outline the following technical requirements: o I/O List o High-level overview of Factory Acceptance Testing (FAT) o High-level overview of on-site support CONF.UENTIALITY NOTICE This proposal and its contents are confidential and proprietary:c Onampion Technology Services, Inc. This information is specifically provided in confidence to the individual or entity named in the document with the understanding that it may not be disclosed,copied,or distributed,in whole or in part,to a third party or used for any purpose other than evaluation of this proposal. Issue Date: 12/13/2022 CONFIDENTIAL INFORMATION Proposal. 020220564 Clarifier 3 and 4 Upgrade Revision: 0.0 www.ChampTechnology.com Page 5 of 16 Champion Technology Services, Inc. CliAMPION 7980 Anchor Drive,Bldg.200 Port Arthur,TX 77642 SERVICES 409-527-6545 • Allen-Bradley Micro850 Configuration—An Automation Engineer will convert the existing MicroLogix 1500 program into one (1) Micro850 program via conversion tools. Configuration will be based on the existing programming and a control narrative supplied by City of Port Arthur. • Allen-Bradley PanelView 800 Graphic Configuration—An Automation Engineer will modify tags on up to eight (8) existing graphics on the existing PanelView HMI. Tags will be updated to be compatible with the new Micro850 controller. • Site Acceptance Testing Procedure—A Site Acceptance Testing (SAT) procedure will be developed and issued for approval prior to on-site support. The SAT procedure will outline on-site and testing activities. • Installation—Up to one (1) day has been estimated for Champion and an electrical contractor to rip and replace the existing MicroLogix 1500 hardware with new Micro850 hardware, including portal-to-portal travel. Champion will provide the electrical contractor and provide supervision to installation. These hours are included as a T&M estimate. • On-site Support—Up to two (2) days have been estimated for on-site commissioning of the system, including portal-to-portal travel. These hours are included as a T&M estimate. MATERIAL Champion will provide the materials listed below. Supplied Materials Item Manufacturer Description Quantity 1 Allen-Bradley Micro850 Controller, 28 120VAC Inputs, 20 Relay 1 Outputs, 24V DC Power 2 Allen-Bradley 8 point Digital, 120VAC Input, Expansion Module 4 3 Allen-Bradley 4 Channel Iso Relay Output Plug In Module 2 4 Allen-Bradley 5 Port Unmanaged Switch 1 5 Allen-Bradley Micro850 End Cap 1 6 Hoffman 100 Watt Heater 1 CONFIDENTIALITY NOTICE:This proposal and its contents are confidential and proprietary to Champion Technology Services,Inc.This information is specifically provided in confidence to the individual or entity named in the document with the understanding that it may not be disclosed,copied,or distributed,in whole or in part,to a third party or used for any purpose other than evaluation of this proposal. Issue Date: 12/13/2022 CONFIDENTIAL INFORMATION Proposal: Q20220564 Clarifier 3 and 4 Upgrade Revision: 0.0 www.ChampTechnology.com Page 6 of 16 Champion Technology Services, Inc. C • M P I O N 7980 Anchor Drive, Bldg.200 Port Arthur,TX 77642 S f R V l t 6 s 409-527-6545 2. CLARIFICATIONS AND EXCEPTIONS I CLARIFICATIONS Clarifications for this proposal include: PROPOSAL- • Champion's proposed offering includes all deliverables through prior SPECIFIC to on-site support services. CLARIFICATIONS • On-site support services and expenses, including portal to portal travel and standby time, will be billed on a time and material basis. • Respective multipliers will be applied per listed terms and conditions for services provided outside of standard working hours (i.e., weekends, holidays and outside of regular business hours). • Additional services outside the scope of this project will be billed on a time and material basis, including portal to portal travel and standby time. • The scope of supply is limited to the specifications listed in the Proposed Solution section of this proposal. GENERAL As the provider of system integration services, Champion's scope of responsibility as defined in this proposal is limited to the individual controls of the system only. The overall performance and design of the process, machine, or manufacturing system, including safety features and failure modes, are the responsibility of others and are not included in Champion's scope of work. CONTRACTORS Wire, wire labels, cable-ties, and other miscellaneous materials will be provided for rip and replace services on the MicroLogix 1500 and Micro850 hardware only. PROCESS Under this proposal, Champion is not responsible for electrical or ADJUSTMENTS mechanical adjustments, changes, or replacements to existing equipment required to progress the process into a production status. STANDBY TIME Under this proposal, standby time is not included in the scope of work. Standby time is defined as time spent on-site waiting for operational delays, construction delays, and other delays beyond the control of or not within Champion's specific scope of work. Standby time will be invoiced separately at time and materials rates. STANDARD Champion's normal business hours are Monday through Friday, WORKING HOUR 7:00 a.m.to 5:00 p.m. Rates are 1.5 times the standard current Champion rates for services over eight hours during normal business hours or services outside of normal business hours. Rates are 1.5 times the standard current rates on Saturdays. On Sundays and holidays, rates are 2.0 times the standard current rates. CONFIDENTIALITY NOTICE:This proposes aro is contents are ccnricenuai arc prccr.etary:o Champion Technology Services,Inc. This information is specifically provided in confidence to the individual or entity named in the document with the understanding that it may not be disclosed,copied,or distributed,in whole or in part,to a third party or used for any purpose other than evaluation of this proposal. Issue Date: 12/13/2022 CONFIDENTIAL INFORMATION Proposal. Q20220564 Clarifier 3 and 4 Upgrade Revision: 0.0 www.ChampTechnology.com Page 7 of 16 Champion Technology Services, Inc. C M P I 0 N 7980 Anchor Drive, Bldg.200 Port Arthur,TX 77642 NO. SERVICES 409-527-6545 SCHEDULE AND If the project schedule is delayed, postponed, or suspended by City of DELAYS Port Arthur due to no fault of Champion and work does not proceed within a reasonable period of time, Champion may demobilize all personnel and, once requested, remobilize the same or different personnel when available. Any additional charges, including travel time and expenses or time required for new personnel to learn the process (change of resources costs)will be the responsibility of City of Port Arthur. EXCEPTIONS This section lists exceptions Champion takes for this proposal. FIELD DEVICE Champion assumes all field devices are in good working order. Materials TROUBLESHOOTING or services to troubleshoot, repair, or replace field devices are not AND REPAIR included in this proposal. CUSTOMER- Current solution estimates assume that the documentation supplied by SUPPLIED City of Port Arthur is complete and accurate as written. Any changes DOCUMENTATION and/or additions to the supplied documentation could result in additional impact on the schedule and cost estimations. ITEMS NOT • Materials, including hardware, software, or licensing, outside the INCLUDED IN THIS scope of this proposal PROPOSAL • Labor or material required for on-site installation of control panels/enclosures while on-site • Field wiring of control panels/enclosures • Field wiring of hardware and any wiring or cabling, switches, or components required to connect control networks while on-site • Schematic and/or drawing updates outside the supplied system • Receiving, storing, or moving supplied materials unless coordinated and mutually agreed to by both Champion and City of Port Arthur CONFIDENTIALITY NOTICE:This proposal and its contents are confidential and proprietary to Champion Technology Services,Inc.This information is specifically provided in confidence to the individual or entity named in the document with the understanding that it may not be disclosed,copied,or distributed,in whole or in part,to a third party or used for any purpose other than evaluation of this proposal. Issue Date: 12/13/2022 CONFIDENTIAL INFORMATION Proposal: Q20220564 Clarifier 3 and 4 Upgrade Revision: 0.0 www.ChampTechnology.com Page 8 of 16 Champion Technology Services,Inc. C H M P I 0 N 7980 Anchor Drive,Bldg.200 Port Arthur,TX 77642 SERVICES 409-527-6545 3. CITY OF PORT ARTHUR RESPONSIBILITIES STANDARD RESPONSIBILITIES Champion takes great pride in its work and approaches each opportunity to forge an efficient, agile and effective partnership with its customers. To this end, the following City of Port Arthur-provided resources will help ensure a cost-effective, consistent, and timely solution: SINGLE POINT OF CONTACT City of Port Arthur shall provide a representative authorized to act on the plant's behalf with respect to this project. This representative should have a working knowledge of the machinery or process which is addressed in this proposal. MAINTENANCE STAFF City of Port Arthur shall provide maintenance personnel knowledgeable in the process operation and control system installation during startup activities. ACCESS TO THE SYSTEM City of Port Arthur shall make the process available to Champion engineers during the mutually agreed upon schedule for the purpose of implementing the services and equipment described in this proposal. RISKS ASSOCIATED WITH City of Port Arthur understands the inherent risks associated LIVE UPDATES with performing logic changes or downloads to a control processing unit (CPU), either single or redundant, during any live process or active production for which the process or production is controlled directly or indirectly by the CPU being edited. Depending on the logic being edited or the CPU being stopped completely (either intentionally or accidentally), these risks may vary from loss of production and profits, to equipment damage and potential injury or death. If City of Port Arthur is not willing to assume these risks during a live process or active production, then City of Port Arthur shall schedule Champion's work during a safe period such as an outage or turn-around. By doing so, these risks are greatly mitigated. CONFIDENTIALITY NOTICE:This proposal and its contents are confidential and proprietary to Champion Technology Services, Inc. This information is specifically provided in confidence to the individual or entity named in the document with the understanding that it may not be disclosed,copied,or distributed,in whole or in part,to a third party or used for any purpose other than evaluation of this proposal. Issue Date: 12/13/2022 CONFIDENTIAL INFORMATION Proposal. Q20220564 Clarifier 3 and 4 Upgrade Revision: 0.0 www.ChampTechnology.com Page 9 of 16 Champion Technology Services,Inc. C M P I 0 N 7980 Anchor Drive,Bldg.200 Port Arthur,TX 77642 111, SERVICES 409-527-6545 I PROPOSAL-SPECIFIC CUSTOMER RESPONSIBILITIES The following responsibilities are specific to the proposed solution contained in this proposal. SYSTEM DESIGN City of Port Arthur shall provide control system design DOCUMENTS documents for review and critique and complete any needed modifications to the final design. REQUIRED FILES City of Port Arthur shall provide original native formats of any required documentation or drawings (e.g. Excel, AutoCAD, etc.)for modification. DOCUMENT REVIEWS City of Port Arthur shall review and approve documents submitted by Champion, which may include JRA, FRS, project plan, cause and effect document, control narrative, FAT document, SAT document, HMI screenshots, as specifically mentioned in the deliverables section above. CONFIDENTIALITY NOTICE:This proposal and its contents are confidential and proprietary to Champion Technology Services,Inc.This information is specifically provided in confidence to the individual or entity named in the document with the understanding that it may not be disclosed,copied,or distributed n'whole or in part,to a third party or used for any purpose other than evaluation of this proposal. Issue Date: 12/13/2022 CONFIDENTIAL INFORMATION Proposal. Q20220564 Clarifier 3 and 4 Upgrade Revision: 0.0 www.ChampTechnology.com Page 10 of 16 Champion Technology Services, Inc. CH, M P I O N 7980 Anchor Drive, Bldg.200 Port Arthur,TX 77642 SERVICES 409-527-6545 4. SCHEDULE The following estimated schedule is based upon issuance of a purchase order within next 30 days. The actual schedule will be developed after Champion's acceptance of order. Milestone Timeline Kickoff meeting Two (2)weeks after acceptance of order Delivery of functional requirements specification (FRS)to City of Port Arthur Two (2)weeks after kickoff meeting Material ordered One (1)week after FRS acceptance Material received Eighteen (18)weeks after material ordered System ready for shipment One (1)week after material receipt Vendor and manufacturing partners are experiencing longer lead times due to recent global supply chain shortages. Champion is being advised material delivery dates, pricing and availability are subject to change without notice. Champion reserves the right to modify pricing, procurement schedule, and part numbers up to material procurement. CONFIDENTIALITY NOTICE:This proposal and its contents are confidential and proprietary to Champion Technology Services,Inc. This information is specifically provided in confidence to the individual or entity named in the document with the understanding that it may not be disclosed,copied,or distributed,in whole or in part,to a third party or used for any purpose other than evaluation of this proposal. Issue Date: 12/13/2022 CONFIDENTIAL INFORMATION Proposal. Q20220564 Clanfier 3 and 4 Upgrade Revision: 0.0 www.ChampTechnology.com Page 11 of 16 Champion Technology Services,Inc. C M P I 0 N 7980 Anchor Drive, Bldg.200 Port Arthur,TX 77642 SERVICES 409-527-6545 5. PROPOSAL PRICING BELOW IS A BREAKDOWN OF THE PROPOSED PROPOSAL PROPOSED SOLUTION (FIXED SCOPE) The pricing below DOES NOT include Commissioning/Site Acceptance Testing. Additional services outside of the scope of this offering will be billed on a T&M basis per negotiated contracted rates. Labor(Project Management, Configuration, Drafting, Factory Acceptance Testing) $19,530 Materials (Micro850 Hardware, Heater Hardware) $2,630 Fixed Scope Total $22,160 ON-SITE SERVICES (T&M) Labor(3 Days of On-site Support for Installation &Supervision, Commissioning/Site Acceptance Testing, Project Management, Travel, & $11,570 Expenses) BILLING TERMS FIXED FEE BILLING TERMS 40% After Acceptance of Order 30% Delivery of Functional Requirements Specification (FRS) 30% System Ready for Delivery -!ME AND MATERIAL BILLING TERMS 100% Billed Biweekly CONFIDENTIALITY NOTICE.This proposal and its contents are confidential and proprietary to Champion Technology Services,Inc. This information is specifically provided in confidence to the individual or entity named in the document with the understanding that it may not be disclosed.,copied,or distributed,in whole or in part,to a third party or used for any purpose other than evaluation of this proposal. Issue Date: 12/13/2022 CONFIDENTIAL INFORMATION Proposal. Q20220564 Clarifier 3 and 4 Upgrade Revision: 0.0 www.ChampTechnology.com Page 12 of 16 Champion Technology Services,Inc. C OM PION 7980 Anchor Drive,Bldg.200 Port Arthur,TX 77642 SERVICES 409-527-6545 READY TO START? 1. Email your purchase order to orders@champtechnology.com 2. Please reference the Champion proposal number Q20220564 Just a reminder... • Champion is providing this document as a fixed fee proposal. • Services outside the scope will be billed on a T&M basis. • Quotation is good for 30 days. • Taxes are not included. • Freight is not included; any freight(FOB Beaumont, TX)will be prepaid and added to the final invoice. • Services and/or products provided are subject to the terms and conditions below. • Proposal pricing does not include any liquidated damages. Any required liquidated damages will increase the price of the proposal an amount equal to the maximum liquidated damages possible. Again, thank you for the opportunity to submit this proposal to City of Port Arthur. We look forward to working with you on this project. 4ow Are We Doing Questions? Please contact Asa Ange at 409-527-6545 or asa.ange@champtechnology.com with any questions or concerns. CONFIDENTIALITY NOTICE:This proposal and its contents are confidential and proprietary to Champion Technology Services,Inc.This information is specifically provided in confidence to the individual or entity named in the document with the understanding that it may not be disclosed.copied,or distributed,in whole or in part,to a third party or used for any purpose other than evaluation of this proposa Issue Date: 12/13/2022 CONFIDENTIAL INFORMATION Proposal. Q20220564 Clarifier 3 and 4 Upgrade Revision: 0.0 www.ChampTechnology.com Page 13 of 16 Champion Technology Services, Inc. • C M P I 0 N 7980 Anchor Drive, Bldg.200 Port Arthur,TX 77642 SERVICES 409-527-6545 STANDARD TERMS AND CONDITIONS CHAMPION TECHNOLOGY SERVICES, INC. STANDARD TERMS AND CONDITIONS (Effective January 1,2017) Terms Applicable to All Contracts 1. Agreement.The entire agreement between Champion Technology Services, Inc. ("Champion")and the entity purchasing goods of services from Champion ("Purchaser')consists of these terms and conditions, any accompanying Proposal issued by Champion, and any purchase order issued by Purchaser(except to the extent such purchase order contains additional, different, or inconsistent terms or conditions, all of which are expressly rejected; Purchaser acknowledges this rejection by allowing Champion to commence performance of the work required by this Contract). All of these documents collectively comprise the Contract. To the extent any Proposal issued by Champion conflicts with these terms and conditions, these terms and conditions shall control. Price Proposals issued by Champion are valid for 30 days and, if not accepted by Purchaser via purchase order within that time, may be changed by Champion without notice. "Purchaser"means the party to whom the accompanying Proposal issued by Champion is directed. "Deliverables" means the systems, services, software, materials, and equipment to be supplied by Champion under the Contract. "Proposal"means any written or oral proposal, quote, quotation, or other offer by Champion to supply Deliverables. The provisions of this Contract are severable. If any part of the Contract is found to be invalid or unenforceable, the remainder of the Contract shall remain in full force and effect. 2. Proposals. Proposals issued by Champion address specific scope of work, pricing, scheduling and other items unique to the project, the Purchaser, and the Deliverables. The Proposals will indicate whether Champion intends to supply the Deliverables on the basis of a fixed-price, time&materials, or both. 3. Resource Assignments. Champion will assign technical resources of varying levels and hourly rates to proposed projects at its sole discretion. No resources shall be assigned or reserved for any project until a purchase order from Purchaser is accepted. 4. Schedule and Delays. Champion schedules and prioritizes projects based upon the date a purchase order from Purchaser is accepted by Champion. Schedules may be modified to reflect agreed changes or as a result of delays caused by Purchaser or occurrences outside the control of the parties. If Purchaser delays a project for more than 30 days, Purchaser will be invoiced and responsible for timely payment of the greater of a)the next project milestone billing or b)the sum of all services and materials delivered in excess of the sum of all previous billings. If the work of a Champion employee is postponed or suspended by Purchaser, or is delayed or does not proceed within reasonable time that it was initially scheduled for, due to no fault of Champion, Champion may demobilize all personnel and once requested remobilize same or different personnel when available. In this case, any additional charges, including travel time and expenses, and remobilization fees are the responsibility of the Purchaser. 5. Changes. Purchaser and Champion are authorized to change the terms or scope of the Contract. Changes may include but are not limited to: (a)redevelopment due to significant specification changes made by Purchaser; and(b) wiring, troubleshooting, debugging, or reverse-engineering any materials, software, or systems supplied by Purchaser. Changes may be authorized in writing, orally or by the conduct of the parties. Champion will provide Purchaser with pricing for the change in accordance with the Change Pricing provisions set forth below. 6. Payment. Payment is due within 30 days of invoicing. Any delinquent amounts will be subject to a 1.5%per month late fee. Purchaser is responsible for all costs and expenses incurred by Champion in collection, including reasonable attorneys'fees. Failure to make payment when due shall entitle Champion to suspend its work under the Contract until all past-due amounts are paid and the Contract price shall be increased by any costs incurred by Champion for demobilization and remobilization. All prices represent a cash payment discount of 4%. Regardless the number of invoices per project, credit card payments will only be accepted up to an aggregate amount of$5000 per Champion project. If payment is made by credit card then the cash payment discount shall be removed and collected at the time the payment is processed. In the event Purchaser is not the end user or project owner, Purchaser agrees to release all funds paid to Purchaser covering Champion's work under the Contract immediately and irrespective of any retainage on the project or retainage held from Purchaser's billings. Purchaser will pay Champion in accordance CONFIDENTIALITY NOTICE:This proposal and its contents are confidential and proprietary to Champion Technology Services, Inc. This information is specifically provided in confidence to the individual or entity named in the document with the understanding that it may not be disclosed,copied,or distributed,in whole or in part,to a third party or used for any purpose other than evaluation of this proposal Issue Date: 12/13/2022 CONFIDENTIAL INFORMATION Proposal. Q20220564 Clanfier 3 and 4 Upgrade Revision: 0.0 www.ChampTechnology.com Page 14 of 16 I Champion Technology Services,Inc. C M P I O IV 7980 Anchor Drive, Bldg.200 Port Arthur,TX 77642 SERVICES 409-527-6545 with the Contract irrespective of whether Purchaser actually receives payment from third parties, including the end user or project owner, covering Champion's work. 7. Limitation of Liability. Champion is not liable for any damages to equipment, property, or persons resulting from the improper use of Deliverables. Champion is not liable for any indirect, special, liquidated, consequential or incidental damages of any kind, including but not limited to,damages for LOSS OF USE of facilities or equipment, LOSS OF REVENUE, LOSS OF PROFITS or LOSS OF GOODWILL, regardless of whether Champion (a)has been informed of the possibility of such damages or(b)is negligent. Any damages for which Champion may be found liable under any circumstance under this Contract shall be limited to the amount actually paid by Purchaser under the Contract. In the event the work under the Contract is delayed for any reason, including an act or omission of Champion, Purchaser's sole remedy against Champion shall be to extend the time for performance of the Contract. All money damages caused by the delay are expressly waived by Purchaser. As the provider of system integration services, Champion's scope of responsibility as defined in any proposal is limited to the individual controls of the system only.The overall performance and design of the process, including safety features and failure modes, are the responsibility of others and shall not be in Champion's scope of work. Any claim by Purchaser against Champion relating to the Contract, performance of the Contract, or otherwise arising out of Champion's work under the Contract, must be brought within two years and one day of the date when Purchaser first discovers the claim or the date when Purchaser could have discovered the claim using reasonable diligence or inquiry. 8. Recruiting. Purchaser shall not directly or indirectly offer to solicit the employment of, or attempt to establish a contract or work relationship with, any Champion employee during the term of this Contract, or any active contract between Purchaser and Champion, and for one year following the completion of all work thereunder. Purchaser acknowledges that Champion will suffer damages if Purchaser violates this section and that these damages will be difficult to calculate. As a good faith, fair, and just estimate of the damages, Purchaser agrees to pay Champion $150,000 for every employee it solicits in violation of this provision. 9. Governing Law. The Contract is governed by and construed in accordance with the laws of the state where the project is located. Any controversy or claim arising out of this Contract, or its breach, shall be settled by a court of law in Baton Rouge, Louisiana. 10. Travel and Living Expenses. Unless otherwise specified in the Champion Proposal, whenever it is necessary for a Champion employee to work at a Purchaser-designated location or if an overnight stay is required, travel and living expense charges shall apply(mileage, meals, lodging, etc.). If air travel is required to reach the work location, Purchaser shall be responsible for air fare costs in addition to the travel time.All travel charges will be added to the invoice issued subsequent to the return travel date. In the event that a customer does not want to pay directly for Portal to Portal Travel Time, then Champion is willing to increase all hourly labor rates by$15/hr to account for the lost revenue. In the event that a customer does not want to pay directly for markup on mileage, then Champion is willing to increase all hourly labor rates by$5/hr to account for the lost revenue. In the event that a customer does not want to pay directly for markup on other travel related expenses such as flights, hotel, or meals,then Champion is willing to increase all hourly labor rates by$3/hr to account for the lost revenue. 11. Technical Support Hotline Call Rate. The support line will charge a minimum of one hour per call for technical assistance by any Champion employee. 12. Intellectual Property.Any intellectual property developed by Champion in connection with this Contract shall remain the sole intellectual property of Champion. Unless there is a separate, signed licensing agreement, upon acceptance and final payment by Purchaser, Champion shall be deemed to have granted to Purchaser a nonexclusive limited license(the"License")to use any Deliverable of the Contract for Purchaser's internal purposes only without any right to assign or sublicense. Unauthorized copying, sale, or transfer of any software comprising the Deliverable is expressly prohibited,which conduct shall automatically terminate the License. Purchaser shall indemnify, defend, and hold harmless Champion from and against any and all claims, liability, and expenses, including reasonable attorneys'fees, arising from Purchaser's modification or use of any software component of the Deliverables in violation of the Contract and/or License. 13. Warranties.Systems, custom hardware and custom software Deliverables are warranted for a period of six months following Purchaser's acceptance against failure. For purposes of this Paragraph, acceptance shall be deemed to have occurred 30 days after delivery if Purchaser has not expressly accepted the Deliverables before that time. An extended warranty or maintenance agreement,for an additional fee, is available upon request and must be CONFIDENTIALITY NOTICE:This proposal and its contents are confidential and proprietary to Champion Technology Services,Inc.This information is specifically provided in confidence to the individual or entity named in the document with the understanding that it may not be disclosed.copied,or distributed,in whole or in part,to a third party or used for any purpose other than evaluation of this proposal. Issue Date: 12/13/2022 CONFIDENTIAL INFORMATION Proposal. 020220564 Clarifier 3 and 4 Upgrade Revision: 0.0 www.ChampTechnology.com Page 15 of 16 Champion Technology Services,Inc. C H M P I O N 7980 Anchor Drive, Bldg.200 Port Arthur,TX 77642 SERVICES 409-527-6545 specifically agreed to in writing. Purchaser's sole remedy for failure of the Deliverables to perform as contracted is to require Champion to repair, patch, debug or replace the items in question or, at Champion'sole option, to refund all moneys received from Purchaser for the affected Deliverables. Commercial off-the-shelf hardware and software Deliverables supplied by Champion are warranted to the extent of any manufacturer's warranty alone, and does not include Champion labor. No warranty is made regarding the accuracy, completeness, or suitability of any software or data supplied by third parties.ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED. 14. Taxes. Purchaser shall pay to Champion, in addition to amounts stated in the Proposal, the amount of all sales, use, or other taxes that may be imposed upon this transaction by the federal government or any state government, or, any subdivision, but only when Champion is required by law to collect or pay such taxes. Terms Applicable to Fixed-Price Contracts 15. General Provisions. The terms under this heading apply to Contracts and Deliverable where Champion' Proposal is based on a fixed-price and are not applicable to services performed by Champion under a time& materials Proposal, also referred to as"work for hire,"and work performed off of Champion's standard rate sheets. 16. Fixed-Price Proposals. Fixed-price Proposals represent the total lump sum cost(and any subdivisions thereof) for the Deliverables. 17. Change Pricing. If additional or unforeseen services, materials or other Deliverables are needed on a fixed- price contract, Champion will make reasonable effort to: (a) request written authorization in the form of an engineering change order before proceeding; and (b) provide a new Proposal for the additional services. In any case, Purchaser shall be responsible for all services and goods delivered. Terms Applicable to Hourly Contracts 18. General Provisions. The terms under this heading apply to Contracts where Champion' Proposal is based on hourly services, time&materials, and/or standard rate sheets. These terms do not apply to Deliverables provided under a fixed-price Proposal. 19. Rate Sheet Proposals. Champion may propose services on an hourly basis in accordance with the standard rate sheet provided with this Contract. Hourly price Proposals may include an estimate of hours to perform the requested services. Champion may perform more or fewer hours of services than contained in such estimate, and Purchaser agrees to pay Champion for actual and not estimated hours of services performed. Invoices for hourly services will be issued on a semi-monthly basis reflecting the actual hours worked. Unless otherwise specified in the Champion Proposal, Services required by Purchaser to be performed over 8 hours during normal business hours (7AM to 5PM), or outside normal business hours(7AM to 5PM)from Monday through Friday shall be charged at 1.5 times the hourly rates provided to Purchaser. Unless otherwise specified in the Champion Proposal, Services required by Purchaser to be performed on Saturday shall be charged at 1.5 times the hourly rates provided to Purchaser. Unless otherwise specified in the Champion Proposal, Services required by Purchaser to be performed on Sundays and Holidays shall be charged at 2 times the hourly rates provided to Purchaser. Unless otherwise specified in the Champion Proposal,travel time to and from the work location will be charged at straight time hourly rates. 20.Work Time. Work time shall include all hours that Champion service personnel are on Purchaser's job site, either working or ready for work, or off Purchaser's job site and working for Purchaser and shall be payable at the applicable specified rates. 21.Technical Support Hotline Call Rate. Technical phone support will be charged at a minimum of one hour per call for technical assistance by any Champion employee. 22.Travel Time("Portal to Portal"). Travel time is billed at the applicable hourly rate for the work to be performed once on-site, unless a one-way trip is greater than 4 hours, in which case discounted rates will apply. 23. Holiday.When used on Champion's rate sheet, Holiday means holidays observed by Champion Technology Services, Inc. (available upon request). 24.Activation Fee.When used on Champion's rate sheet,Activation Fee means a fee(based on hours stated in Champion's rate sheet)that Purchaser agrees to pay for time called to work outside of the office on an immediate service call within 24 hours 25. Minimum Callout.When used on Champion's rate sheet, Minimum Callout means the minimum amount of time that shall be paid for time called to work outside of the office. CONFIDENTIALITY NOTICE:This proposal and its contents are confidential and proprietary to Champion Technology Services,Inc.This information is specifically provided in confidence to the individual or entity named in the document with the understanding that it may not be disclosed copied,or distributed,in whole or in part,to a third party or used for any purpose other than evaluation of this proposal. Issue Date: 12/13/2022 CONFIDENTIAL INFORMATION Proposal. Q20220564 Clarifier 3 and 4 Upgrade Revision: 0.0 www.ChampTechnology.com Page 16 of 16