HomeMy WebLinkAbout24-03 Powergrid Solutions LLCBID BOND (PENAL SUM FORM.)
MY 2 7 2o25
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Bidder
Surety _.
Name;
POWERGRID SOLUTIONS LLC
Name;
TRAVELERS CASUALTY AND SURETY COMPANY
OF AMERICA:
Address (principal place ofbusiness):
Address (princlpai place ofquslness);
3110 Progress Drive
Oshkosh, WI 5490'1'
One Touter Sqquare, MN06-.740,
Hartford, CT 06M
Owner
Bid.
Name:,
project (name and location);
CITY OF OSHKOSH
Wast water Treatment Plant Tertian+ Treatment
Electrical Service Equipment Procurement Contract
Address (prh1c1ogl pace of buslnossj:
No. 24-03
215 Church Avenue
Oshkosh, WI 54903-1130
Bid Due Date; May 19, 2025
Bond NIA
Penal SUM: (5%'ofAmount Bid) Five Percent of Amount bid
Date of Bond; May 14, 2025
Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond,
do each cause this;eid Bond to be duly executed by
an authorized officer,; agent, or representative.
Bidder.
Surety
POWERGRID SOLUTIONSLLC
TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA
(Full formal name of bidder)
e 2y) (corporatesel) `I
(FalM'.77-
By
By:
(S.Rgnot�rej (Attach Power of Attorney)
Names Nathan J. t-OPper
Name: Robert Nachr6lher
Printed or typed)
h.
(Printed or typed) "
Title: Vice President & General Manager
_ _
`Title: AfinrniW in, Eapt
Attest:
Attest:
(5lgnatuf•
Name; Jake Myers
Name: CorinneCha man
(}printed or iyped)
(Printed gr typed)
Title: Sales Manager
Title: witness
Notes; (1) Note: Addresses are to be used for giving any required notice, (2) Provide execution.by any additlonal partles, such as
Joint venturers, f necessary,,
000Cd0 0430, aid 8ohd (Penal Uhi forin),
CdWighto 2018 National Soeletyof Professional Engineers, American..Councii of;Engineering C inpantes,
and American.Society of Civil Engineers, All rights reserved,
Page' 1 of 2
1. Bidder and Surety, jointly and severally, bind themselves, their heirs,.executors, administrators, successors;
and assigns to pay to owner upon default of Bidder the penal sum set forth on the face of this Bond.
Payment of the penal sum is the extent of Bidder's and Surety's liability,, Recovery of such penaiaum under
the terms:af this Bond:will be,O:wner's sole and exclusive remedy upon default;of Bidder.
2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding
Documents (or any extension thereofagreed to. in writing by Owner) the executed Agreement required by:
the Bidding Documents and any performance and payment bonds.required by the Bidding Documents,
3; This obligation will be null an:d void ifs
3.1. Owner accepts: Bidder's Bid and Bidder delivers within the tjme required'by the Bidding Documents
(or :arty extension thereof agreed to in writing by Owner) the executed Agreement required by the
Bidding Documents ap! any performance and payment bonds.req&ed by the Bidding Documents, or
3.4 All Bids,:are rejected by Qwner, of
3.3. Owner fails to issue, a Notice of Award to Bidder within the time sspeeifled.in the bidding Doouinents.
(or any extension. thereof agreed to in writing by Bidder and,, If applicable, consented to by Surety
:when, required by Paragraph s hereof).,
4, Payment under this Bond will be due and payable upon default of.Bidder and within 30 calendar days after
receipt by Bidder and Surety of written notice of default from Owner, which. notice will .be given with
reasonable promptness; identifying this Bond and the Project and lncluding a statement of the amount
due,
5._ Surety waives notice of:any and, all; defenses based on or arising out of any time extension to issue Notice
of Award agreed to in writing by owner and Bidder, provided that the total time for issuing Notice of Award
`including extensions does not In the aggregate exceed 120 days from the Bid due date Without Surety's
written consent
6, No suit or action will, be commenced under this Bond prior to 30 calendar days .afterthe notice of default
required. In Paragraph 4 above is received by Bidder and Surety, and.in no: case later than one year after
the gld due date..
1. Any suit or action under, this Bond will be commenced only In a court of competent jurisdiction located in
the state In which theProject is located.
f3, Nbtices required hereunder must be In writing and sent to Bidder and Surety -at their respective addresses
shown on the face of this Bond. Such notices may be sent by personal delivery, com►7tercial courier; or, by
United States `Postal � Tvlce registered or certified mail, return receipt i•`equested, postage pre -paid, and
will be deemed to be effective upon receipt by the party concerned;
9: Surety_shall cause to be attached to this Bond a current aid ffewevidericing the,
authority of'the officer, agent, or'representative who, executed this, Bond on behalf o(5urety to execute,
seal, and deliver such Bond and blind the Surety thereby.
10, `This Bond is intended to conform to all applicable statutory requirements. An_y.applfcable requirement of
any applicable statute that has been omitted from this Bond will. be deemed to by included herein as if set
forth at length. If any provision of this. Band conflicts with any appiicable:statute, then the provision of said
statute governs and .the remainder of this Bond that is not in conflict therewith continues in full force and
effect.
11. The: term "Bid" as Used herein Includes a Bid, offer, or proposalasappkable.
EJ P& t,430, Bill Bond (Renal Sum Form),
Copyright'' 201$ National society of Professional Engineers, American .Council of r ngijtearing conipa(Iles,
and Ait erfcan society of"civil Englitoers. All rights reserved
Pale 2 of2
Travelers Casualty and Surety Company of America
AM Travelers Casualty and Surety Company
T'RQVELERS J St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company; and St. Paul Fire and Marine Insurance Company are
corporations duly organized tinder the laws of the State of Connecticut (herein collectively called the "Companies"), and the Companies do hereby make,.
constitute and appoint Robert Nachreiner of CHICAGO Illinois , their
true and lawful Attorneys) -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings
obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any, actions or proceedings allowed bylaw.
IN WITNESS WHEREOF, the. Companies have caused this Instrument to be signed, and their corporate seals to be hereto affixed, this 16th day of
February, 2024.
jYAHpy,` @�13•A•8INF
SEAL" s "I SR,AL
; STEAL
State of Connecticut
By:
City Of Hartford ss; V Bryee Grissom, Senior Vice President
On this the'16th day of. February, 2024, before me personally appeared' Bryce Grissom, who acknowledged himself to be the Senior Vice President of
each of the Companies, and that he, as such., being authorized so to do, executed the foregoing Instrument for the purposes therein contained by signing on
behalf of said Companies by himself as a duly authorized officer;
IN WITNESS WHEREOF, I hereunto set my hand and official seal,
My Commission expires the 30th day of June, 2026
fiO fARY
ef,acfp Anne P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,
which resolutions are now in full force and effect, reading as follows;
RESOLVED, that the Chairman, the President,.any'Vice Chairman; any Executive Vice President; any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate. Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and
Agents to act for and on behalf of the Company and may,give such appointee such authority as his or her certificate of authority may prescribe to sign
with the Company's name and seal with the Company`s seal bonds, recognizances, contracts of indemnity, and other writings obligatory In the nature of
a bond, recognizance, or conditional undertaking, and any of said officers or the Board'of Directors 'at any`tlme may remove any such appointee and
revoke the power given him or, her; and rit is
FURTHER RESOLVED, that the Chairman,'the President, any Vice Chairman; any Executive Vice President; any. Senior Vice President or any Vice
President may delegate all or any part of the foregoing• authority to one, or more officers or employees of this Company„ provided that each such
delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance; contract of indemnity, or writing obligatory in the nature of a bond, recognizance; or conditional'
undertaking shall be valid and binding' upon the Company when (a) signed by the President, any Vice Chairman,'any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary, or any
Assistant Secretary and duly attestedand sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal; if
required) by one or more Attorneys -in -Fact and;Agents pursuant to the power prescribed in his oF'her certificate, or their certificates of authority or by one
or more Company officers pursuant to a written delegation.of authority; and;it is
FURTHER RESOLVED, that the signature of each of the following officers; President, any Executive Vice President; any Senior Vice President, any.
Vice President, any`Asslstant Vice President, any Secretary, any Assistant Secretary, and -the seal of the Company may be affixed by facsimile to any
Power of Attorney or to any certificate relating thereto appointing Resident. Vice Presidents, Resident Assistant' Secretaries or Attorneys -in -Fact for:
purposes only of executing and, attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or
certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified
by such facsimile signature and facsimile sear shall be Valid and binding on the 'Company in the future with respect to any bond or understanding
to which: it. is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do. hereby certify that the above and foregoing is a true and
correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect:
Dated this 14th day of May 2026
y osunery 3�.7rA.....
51t SEA-!_` wSERLa .Sr=1kL
��-�--
'�i"*"vat' Kevin E. Hughes, Assistant Secretary
.r,
7b verify the Authenticity of this, Power ofAttorney, please call us at 1-800.421-3881,
Please refer to the above -named Attomey(s),in-Fact and the details of the bond to which this Power of Attorney is attached,
rlr';x
Proposal to:
City of Oshkosh
(WI.)
For: Wastewater
Treatment Plant,
Contract #24-03
Prepared By:
Craig Steinert
Sales Engineer
Avail Switchgear Systems
Powergrid Solutions LLC
Phone: 920.230.1574
Email: craig.steinert@availinfra.com
WAV
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o. r
7
Ref No: CKSO42325-1
Date: May 19, 2025
Rebecca N. Grill
City Manager
CITY OF OSHKOSH
215 Church Avenue
Room 310 of City Hall
Oshkosh, WI. 54903
111A
TA
Swifchgear Systems;
Subject: City of Oshkosh / Wastewater Treatment Plant — Contract #24-03
Thank you for sending your Request for Proposal (RFP) to Avail Switchgear Systems - Powergrid
Solutions LLC. In accordance with our interpretation of your plans and specifications supplied, we are
pleased to offer our proposal, subject to acceptance within 30 days from the above date.
Avail Switchgear Systems - Powergrid Solutions LLC expects the customer to review our proposal
thoroughly to ensure that we interpreted their scope of work accurately for this bid.
Included is a BILL OF MATERIALS covering the equipment we are offering along with our standard
manufacturing methods. This may or may not meet specific job requirements unknown to us at time of
quote. Please consult the factory with any changes/additions.
Upon your receipt and review of our entire proposal, should you have any questions concerning our
proposal or require any further information, please do not hesitate to contact us.
Your Local Sales Representative
Todd Heller
T&D Products, Inc.
Ph: 630.335.3353
theller0)tdproducts.com
Your Regional Sales Manager
Justin Wilke
Avail Switchgear Systems
Ph: 920.250.3661
justin.wilke@availinfra.com
Avail Switchgear Systems
3110 Progress Dr. Oshkosh, WI 549011 Phone: 920-232-8888 1 avallinfra.com
Ref No: CKSO42325-1
Date: May 19, 2025
Table of Contents
111A Y,A. L
Switehgear Systems
Tableof Contents......................................................................................................2
PricingSection..........................................................................................................3
PricingSummary .............................................................................................................
3
ScheduleSection.......................................................................................................4
DeliveryEstimates...........................................................................................................
4
Scopeof Work Section..............................................................................................5
BiddingDocuments.........................................................................................................
5
SpecificClarifications.......................................................................................................
5
GeneralClarifications.......................................................................................................
6
CommercialSection...................................................................................................7
Commercial Clarifications.................................................................................................
7
TechnicalSection......................................................................................................8
TechnicalClarifications....................................................................................................
8
ProposalSection.......................................................................................................9
ProposedDetails.............................................................................................................
9
BASE BID: 25kV METAL -ENCLOSED SWITCHGEAR — BILL OF MATERIALS ...........................10
OPTION 1: FREIGHT PREPAID - ESTIMATED....................................................................13
OPTION 2: FIELD SERVICE.............................................................................................14
Terms and Conditions of Sale..................................................................................15
EscalationPolicy.....................................................................................................17
Avail Switchgear Systems
3110 Progress Dr. Oshkosh, WI 549011 Phone: 920-232-8888 1 availinfra.com
Ref No: CKSO42325-1
Date: May 19, 2025
Pricing Section
Pricing Summary
BASE BID: 25kV, 600A, METAL -ENCLOSED SWITCHGEAR
111ATAX
Sw tch9ear Systems
$219,920.00
1 2 1 11 OPTION, 1: FREIGHT PREPAID - ESTIMATED 1 $1,000.00 1
L 3 11 1 OPTION 2: FIELD SERVICE INSTALLATION ASSISTANCE 1 $11,295.00 1
Total price:
$232,215.00
Avail Switchgear Systems
3110 Progress Dr. Oshkosh, WI 549011 Phone; 920-232-8888 1 avallinfra.com
Ref No: CKSO42325-1
Date: May 19, 2025
Schedule Section
Delivery Estimates
111ATAIL:
Switchgear Systems
DESIGN DRAWINGS AND SWITCHGEAR DELIVERY LEAD TIMES
• Long Lead Time Bill -of -Materials ("Submitted for Approval") — 2-3 weeks
after receipt of purchase order. (Once approved we will place on order the Long Lead
Components).
• Mechanical & Electrical Design Drawings ("Submitted for Approval'l - 10-12 weeks
after receipt of written purchase order and complete engineering data.(Once approved we can
proceed and release for manufacturing).
o Mechanical & Electrical Design Drawings will consist of:
(2)-Hardcopies & (I) -Electronic format that inludes: Floor plan, outlines, section views,
one-line/s, three -lines, AC & DC control schematics, bill of materials, nameplates &
component catalog cut sheets.
• Switchgear Shipment - 36-38 weeks after receipt of your approved drawings and release to
manufacture.
• O&M Manuals - 1-2 weeks after completion/shipment.
o 0&M Manuals: will consist of: (2)-Hardcopies & (I) -Electronic format that includes: As -
Built Floor plan, outlines, section views, one-line/s, three -lines, schematics, wiring
diagrams, bill of materials, nameplates, component instruction books & certified test
reports.
These estimated lead times do not include the time required for your review/approval of the Long Lead
Bill -of -Materials nor the review/approval of the Design Drawings. Please add the time anticipated for review
and approval in order to obtain the total estimated project shipping time. Drawing and shipment times are
estimated based upon Engineering and Shop loading at time of this proposal. Please obtain firm time
commitments from Avail Switchgear Systems at time of order placement.
Avail Switchgear Systems
3110 Progress Dr. Oshkosh, WI 549011 Phone: 920-232-8888 1 avaiiinfra.com
Ref No: CKSO42325-1
Date: May 19, 2025
Scope of Work Section
Bidding Documents
IATAIL:II
5witehgear Systems;
This proposal is based on our understanding and interpretation of the following bid documents:
* Donohue & Assoc., Inc., Project No. 14556, Section 26 13 00 Medium Voltage Metal -Enclosed Switchgear,
6 pages total, Dated April 2025, Rev. 0.
* Donohue & Assoc., Inc., Project No. 14556, Drawing No. 007-E-1P, Sht. No. 1, Dated April 2025. Rev. 0.
* Donohue & Assoc., Inc., Project No. 14556, Drawing No. 007-E-2P, Sht. No. 2, Dated April 2025. Rev. 0.
* For REF, ONLY Donohue & Assoc., Inc., Project No. 14556, Project Manual, City of Oshkosh, Contract
No. 24-03, Wastewater Treament Plant Tertiary Treatment Electrical Service Equipment Procurement,
Dated April 2025, 133 Pages Total.
Specifications Alternate / Clarifications to Section 2613 00 MV Metal -Enclosed
Switchgear:
* 1.03.0 — Avail Switchgear Systems — Oshkosh is Proposing "CSA/NRTL" Label. UL File / Label IS NOT
Available for 25kV Metal -Enclosed type Switchgear.
* 1.05.A.2 — N/A
* 2.03.1.3 — Avail Switchgear Systems — Oshkosh is Proposing "Eaton C/H" type RBA Fusing, which are
"Explusion Design" for the rating of 25kV, 400E & 250E Fusing.
Section 26 12 00 Med. Volt. Transformers (Qty. 2) - Provided by OTHERS.
Specific Clarifications
* Rigging, off-loading, placement, anchoring & installation — Provided by Others.
* Field-testing, startup, training / demonstration are not included in pricing above.
* 240/120VAC control power — Provided by Others.
* 125VDC control power — Provided by Others.
* All incoming and outgoing wire, cable, lugs, and terminations — Provided by Others.
* All relay setting / testing / coordination study — Provided by Others.
* All field testing and commissioning — Provided by Others.
* All sequence of operation / testing of the system — Provided by Others.
Avail Switchgear Systems
3110 Progress Dr. Oshkosh, WI 549011 Phone: 920-232-8888 1 availinfraxom
Ref No: CKSO42325-1
Date: May 19, 2025
General Clarifications
/A?AF1Lm
Switchgear Systems
1. Avail Switchgear Systems limits the scope of supply for this proposal to the equipment and services listed within. Peripheral
equipment & any equipment/services that is not listed within this quotation, is not included and is to be provided/installed by
others. (Equipment/services not included and not limited to: Off-Loading/Rigging, Installation, and Permits, etc.).
2. Delivery Delays - If drawing approval is delayed & exceeds 4 weeks after being submitted to the customer, this may result in
additional charges and may cause a re -schedule of the order. If shipment is delayed due to customer's cause or request, Avail
Switchgear Systems may submit an invoice for the expenses involved - payable upon receipt and the price is subject to escalation at
the rate of 1% per month, or a portion thereof, until shipment. Storage charges are not included and are in addition to escalation.
3. Any requested changes and/or additions of this equipment, above and beyond this proposal - may result in additional charges
and may cause a re -schedule of the order. All requested change orders must be in written format and approved by both parties for
any changes and/or additions to occur.
4. Should it become necessary to re -schedule due to a Purchaser -caused delay, Avail Switchgear Systems will make every effort to
reschedule the job into the first available opening in our shop production schedule which best meets the Purchaser's needs.
5. Buyer acknowledges and agrees with the issue of a Purchase Order, that Avail Switchgear Systems shall not be liable in any way
for delay in delivery of the equipment due to contingencies beyond our control. This includes, but is not limited to, weather, acts of
God, acts of the buyer, buyer's failure to have the site ready, or any other event beyond Avail Switchgear Systems reasonable
control and that Avail Switchgear Systems shall be excused, discharged, and released of performance to the extent such
performance is limited or prevented without liability for damages of any kind. Buyer also acknowledges any force majeure demur
charges shall be the responsibility of the Buyer.
6, Limited Liability - No Liability for Consequential Damages. In no event shall Avail Switchgear Systems accept or be liable for any
damages whatsoever (including, but not limited to: damages for loss of business profits, business interruption, loss of business
information, or other pecuniary loss) arising out of the inability to install/service/operate Avail Switchgear Systems products.
7. Avail Switchgear Systems retains the right to file labor or materialman's liens along with any required notices in accordance with
the laws governing such liens. With the exception of actions by Avail Switchgear Systems to enforce liens or collect past due
amounts, Avail Switchgear Systems and Customer agree that any controversy or claim arising out of or relating to the Agreement,
its formation, its breach, or its termination, including but not limited to claims relating to Products, shall be settled by final and
binding arbitration in Fort Worth, Texas by the American Arbitration Association under its Construction Industry Arbitration Rules
and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof for
enforcement. Claims brought under the Agreement must be brought within one (1) year after the date after the date the Products
were provided by Avail Switchgear Systems under which such claim arises. Except for laws that require venue in a state other than
Texas for enforcement of any liens, the Parties agree that venue of any legal action or proceeding and the rights and obligations of
the Parties shall lie exclusively in the appropriate federal or state courts in Fort Worth, Texas,
Avail Switchgear Systems
3110 Progress Dr. Oshkosh, WI 54901 1 Phone: 920-232-8888 1 availinfra.com
Ref No: CKSO42325-1
Date: May 19, 2025
Commercial Section
Commercial Clarifications
IIIATAIL:
Switchgear Systems
1. Unless otherwise noted, this proposal is per the Avail Switchgear Systems Standard Terms and Conditions of Sale attached and made part
of our proposal.
2. Resulting orders shall be addressed as follows:
Powergrid Solutions LLC
3110 Progress Drive
Oshkosh, WI 54901
3. Payment Terms Net 30
* Progress Terms are only applicable on orders over $100,000 as follows:
• 200/a FIRST SUBMISSION OF APPROVAL DRAWINGS
• 30% RELEASE TO MANUFACTURING
• 300/a COMPLETION OF STRUCTURAL FABRICATION AND PAINT
• 200/a AT DELIVERY PER AGREED UPON FREIGHT TERMS (OR CUSTOMER DELAY SHIPMENT REQUEST)
4. No Federal sales taxes, State Sales taxes, local taxes, use taxes, duties, or other fees, unless otherwise noted, are included in the prices
quoted. Consequently, in addition to the purchase price, the amount of any present or future taxes, duties or fees must be paid by the
purchaser.
5. Should the Purchaser request that Avail Switchgear Systems delay shipment, once manufacturing and testing are completed,
Avail Switchgear Systems will store such equipment, subject to the following conditions:
a. Upon completion, the Purchaser will allow Avail Switchgear Systems to issue an invoice for the equipment and process said invoice,
within the payment terms of the purchase order, as if the equipment had actually shipped.
b. Purchaser agrees to assume title and ownership of the equipment on the date the invoice is issued.
c. Purchaser agrees to pay Avail Switchgear Systems applicable handling and storage fees until time of shipment. If shipment is delayed
for more than three months, and additional fee will be assessed for inspection and cleaning of the equipment prior to shipment.
d. Purchaser agrees to accept and sign a Bill & Hold Agreement that includes items a) through c) above.
6. Cancellation Policy
An order or a contract may be cancelled by the purchaser only upon written notice and upon payment to the Company of reasonable and
proper cancellation charges. The expenses to be covered by these charges would include any unrecoverable cost incurred by Avail
Switchgear Systems, incorporated. In addition, a one-time charge will be made to compensate for lost profits, disruptions in scheduling,
planned production and other indirect costs. It is recognized that it is impossible to determine exactly these indirect costs. As such, it is
agreed that the one-time charge is acceptable and proper. Total cancellation charges will be calculated using the following cancellation
schedule:
Cancellation Schedule:
• $1,000 - Order received and entered into system, work not started
• 10% - Upon release for Engineering
• 15% - Mechanical drawings submitted for review
• 250/6 - Electrical drawings submitted for review
• 650/a - Approval of Bill of Material and Release to Purchase
• 100% - Release for manufacturing
The percent values listed above represent a percentage of the total contract value. Cancellation costs will be due and payable within thirty
days (30) of submittal of a proper invoice for such costs. Any amounts not paid within thirty days will be subject to late charges of one
percent (1%) per month for each fraction of a month that payment is received late at Avail Switchgear Systems.
Avail Switchgear Systems
3110 Progress Dr. Oshkosh, WI 549011 Phone: 920-232-8888 1 availinfra.com
Ref No: CKSO42325-1
Date: May 19, 2025
Technical Section
Technical Clarifications
IllAfAIL:
Switchgear Systems
1. The equipment offered will be designed and manufactured to appropriate ANSI, IEEE, and NEMA Standards.
2. Avail Switchgear Systems designs and manufactures medium voltage Switchgear to meet IEEE C37.20.2 usual service conditions.
Max altitude of 3,300 feet, -30 degrees C, +40 degrees C. Service conditions beyond these are considered unusual conditions and a
derating factor shall be applied by the end user or the end user's engineer.
3. All equipment will be tested in accordance with applicable ANSI production test standards prior to shipment. The Purchaser, or
his designee, is welcome at our Oshkosh WI facility, for a factory acceptance testing (FAT). A factory acceptance test (FAT) is
possible with 2-weeks of prior notice from the Customer, as long as our shipping schedules are not delayed. We have not included
formal witnessing or testing in our quoted price; our standard cost to the customer for this is $1,500.00 for the first day, $750.00
for the second day. All lodging and transportation expenses are the responsibility of the Customer.
4. Unless specified elsewhere, no special, non-standard, or other design tests have been included in our proposal.
5. No seismic calculations or seismic testing for the equipment proposed has been included (unless specifically listed). However, the
equipment will be designed and manufactured for installation in the seismic zone that has been specified.
6. Avail Switchgear systems has made no provisions for any short circuit, relay coordination, or other system studies, nor any
provisions for setting and/or testing any protective relays and is not included in this proposal. It is presumed that the end Customer
or the consulting engineer will provide any/all system studies and have an independent testing company set, test, inspect and
certify/label all protective relays.
7. We have enclosed a Proposed Bill of Materials covering the equipment we are offering. Please review this information to confirm
that we have interpreted your requirements accurately. Please note that this information is not intended to be all-inclusive, nor
exclusive to what may be required to meet your specifications. The intent of our Proposed Bill of Materials is to comply with all of
your specification requirements. The only exception to this would be any items that we may have specifically listed herein as
"CLARIFICATIONS" to your specification
8. Equipment will be painted per Avail Switchgear Systems paint standards. Our painting methods are in full compliance with
current EPA and OSHA requirements.
9. It is our intent to comply with all ANSI and NEMA standards, as well as federal laws and regulations that apply to thee equipment
proposed herein. We are also willing to comply with any local laws or other regulations that may apply to the proposed equipment.
However, it is the responsibility of the Purchaser to advise Avail Switchgear Systems what these laws and regulations are, in writing,
prior to order entry.
10. All incoming and outgoing wire, cable, lugs, and terminations to be by others, unless otherwise noted.
Avail Switchgear Systems
3110 Progress Dr. Oshkosh, WI 54901 1 Phone: 920-232-8888 1 availinfra.com
Ref No: CKSO42325-1
Date: May 19, 2025
Proposal Section
Proposed Details
OUTDOOR METAL -ENCLOSED SWITCHGEAR ASSEMBLY
RATING: 27kV, (24.9KV Nom.), 600A, 25kA, 3Ph, 4W, 125kV BIL
THREE (3) — TOTAL SWITCHGEAR UNITS
UNIT 1 — MAIN 600A SWITCH W/ FUSES & PT'S (48" W)
UNIT 2 — FEEDER 600A SWITCH W/ FUSES & CT'S (48" W)
UNIT 3 — FEEDER 600A SWITCH W/ FUSES & CT'S (48" W)
IATAIL:II
Switchgear Systems
SWITCHGEAR - CONSTRUCTION FEATURES:
* Outdoor construction
* Overall approximate dimensions: 129" H x 144" W x 84" D
* Overall approximate weight: 6,000 lbs.
* Welded/bolted, 11-gauge galvanneal steel construction
* Exterior, hinged, full -height, front doors w/ 3-pt. handle & padlock provision
* Interior, hinged, upper/lower, front doors w/ 2-pt. T-handle & door stays
* Exterior, hinged, full -height, bolted, rear doors w/ 3-pt. handle, padlock provision & door stays
* Hinge, loose joint pin, T304L stainless steel, solid welded to door and cabinet
* Door stays (retained) hold doors at 90, 110 or 140 degree open position
* Screened, ventilation, tamper proof louvers
* Plated copper bus, 600A
* Ground bus, full length, copper
* Phase identification labels, located on cross bus and terminations (A, B, C)
* MV (27kV) cable connections: BOTTOM compartment
* LV (<600V) cable/wire connections: BOTTOM compartment
* Paint finish: Interior / Exterior — ANSI 61 gray
* Warning & identification labels
* Manufacturer's data plate, noncorrosive, stamped and attached to enclosure
* Rear doors of switchgear have "Danger High Voltage" warning signs
* Exterior ID nameplates - 2 ply gravoply, white w/black lettering
* Interior ID labels: adhesive backed "thermally" imprinted (smudge proof) label
* Wire ID labels applied to both ends of the wire for identifications purposes
* SIS CU control wiring
* MIN. of 60" (5'-0'� Clear Space — in Front of Switchgear (for doors) & in Back of Switchgear (for doors).
Avail Switchgear Systems
3110 Progress Dr. Oshkosh, WI 549011 Phone; 920-232-8888 1 availinfra.com
Ref No: CKSO42325-1
Date: May 19, 2025
IATAIL:II
Switchgear Systems
BASE BID: 2SkV METAL -ENCLOSED SWITCHGEAR — BILL OF
MATERIALS
QTY
1
UNIT 1 - MAIN 600A SWITCH W/ FUSES & PT'S
DESCRIPTION
Indoor Metal -Enclosed Galvanneal Steel Structure, 48" W — Load -break Main Switch/Fuse
Section-6XB
1
Outdoor Structural Steel Channel Base C6 X 8.2 A36(per section
1
Outdoor Metal -Enclosed Galvanneal Steel Structure Addition
1
Outdoor Coal Tar Base Undercoating Addition
1
Infrared Viewing Window IP65 NEMA 4 4.0" Square)
1
Ins ection Viewing Window Clear Pol carbonate High Impact, 1/4"
1
Key Interlock(per set
1
ADDER: TIN -Plated Flash Copper Bus Main Bus Term. Bus Grd. Bus & Net. Bus
1
Lot 600A Silver Plated Copper Runback Termination Bus
1
Lot 600A Silver Plated Copper Main Bus
1
Lot Silver Plated Copper Ground Bus 1/4" x 2"
1
Neutral Bus Link Kit
3
Surge Arrester, 27kV 22kV MCOV Distribution Class
15
Cable 35kV 1 OAWG 1-Conductor, Insulated Stranded Copper,(per foot
3
Polyvinyl Sure Arrester Boots 1 Set Per Phase
3
Potential Transformer Indoor 27kV 24000:120 200:1 125kV BIL 1-Fuse L to G
3
Current Limiting Fuse 27kV 1.0E
3
Fuse Clip, 1.50"Dia
1
S&C Interrupter Switch 25kV 600A 40kA 125kV BIL
1
S&C Manual Operating Mechanism Chain Coupled, Front Mount
1
S&C Aux. Switch 4-PDT for Remote Ind. of Switch Position
1
Key Interlock interlocks switch with the front door
1
Insulator 27kV 125kV BIL set of 3
3
Eaton C/H RBA 25.5kV 800A Fuse Holder Non -Disconnect #25RBA8-NH
3
Eaton C/H RBA 25.5kV 800A Live Parts #38RBA8-NL
3
Eaton C/H RBA 25.5kV 800A Disch. Filters 2 #RBA4-FLTR
3
Eaton C/H RBA 800A Fuse 450E 2 #25RBA4-250E
2
Strip Heater, 500W 240VAC w/ Guard
1
Thermostat 120-240VAC -10 to 110 DEG F
1
Miscellaneous Wire Labels Nameplates & Hardware
QTY
1
UNIT 2 - FEEDER 600A SWITCH W/ FUSES & CT'S
DESCRIPTION
Indoor Metal -Enclosed Galvanneal Steel Structure, 48" W — Load -break Feeder Switch/Fuse
Section-6X13
1
Outdoor Structural Steel Channel Base C6 X 8.2 A36(per section
1
Outdoor Metal -Enclosed Galvanneal Steel Structure Addition
1
Outdoor Coal Tar Base Undercoating Addition
Avail Switchgear Systems
3110 Progress Dr. Oshkosh, WI 549011 Phone: 920-232-8888 1 availinfra.com
10
Ref No: CKSO42325-1
Date: May 19, 2025
1
11A A/L
SWltchgear Systems
1
Infrared Viewing Window IP65 / NEMA 4 4.0" Square)
1
Inspection Viewing Window Clear Pol carbonate High Impact, 1/4",
1
Door Mounted Cabinet
1
Key Interlock(per set
1
ADDER: TIN -Plated Flash Copper Bus Main Bus Term. Bus Grd. Bus & Net. Bus
1
Lot 600A Silver Plated Copper Runback Termination Bus
1
Lot 600A Silver Plated Copper Main Bus
1
Lot Silver Plated Copper Ground Bus 1/4" x 2"
1
Neutral Bus Link Kit
1
S&C Interrupter Switch 25kV 600A 40kA 125kV BIL
1
S&C Manual Operating Mechanism Chain Coupled, Front Mount
1
S&C Aux. Switch 4-PDT for Remote Ind. of Switch Position
1
Key Interlock interlocks switch with the front door
1
Insulator 27kV 125kV BIL set of 3
3
Eaton C/H RBA 400A Fuse Holder Disconnect #25RBA4-DH
3
Eaton C/H RBA 400A Live Parts #38RBA4-DL
3
Eaton C/H RBA 400A Disch. Filters #RBA4-FLTR
3
Eaton C/H RBA 400A Fuse 250E #25RBA4-250E
3
Current Transformer Bushing Type, 7.25" Window, 600V 600:5 MR C200
3
Marathon Shorting Terminal Block 6Pt
1
Schweitzer Feeder Protection Relay SEL-751
1
ABB Test Switch 10Pole 6C-4P
2
Strip Heater, 500W 240VAC w Guard
1
Thermostat 120-240VAC -10 to 110 DEG F
1
Miscellaneous Wire Labels Nameplates & Hardware
QTY
1
UNIT 3 - FEEDER 600A SWITCH W/ FUSES & CT'S
DESCRIPTION
Indoor Metal -Enclosed Galvanneal Steel Structure, 48" W — Load -break Feeder Switch/Fuse
Section-6XB
1
Outdoor Structural Steel Channel Base C6 X 8.2 A36(per section
1
Outdoor Metal -Enclosed Galvanneal Steel Structure Addition
1
Outdoor Coal Tar Base Undercoating Addition
1
Infrared Viewing Window IP65 / NEMA 4 4.0" Square)
1
Inspection / Viewing Window Clear Pol carbonate High Impact, 1/4"
1
Door Mounted Cabinet
1
Key Interlock(per set
1
ADDER: TIN -Plated Flash Copper Bus Main Bus Term. Bus Grd. Bus & Net. Bus
1
Lot 600A Silver Plated Copper Runback Termination Bus
1
Lot 600A Silver Plated Copper Main Bus
1
Lot Silver Plated Copper Ground Bus 1/4" x 2"
1
Neutral Bus Link Kit
1
Provisions for Future Copper Bus Extension w/ Exterior Access Panel
1
S&C Interrupter Switch 25kV 600A 40kA 125kV BIL
1
S&C Manual Operating Mechanism Chain Coupled, Front Mount
Avail Switchgear Systems
3110 Progress Dr. Oshkosh, WI 549011 Phone: 920-232-8888 1 availinfraxom
11
Ref No: CKSO42325-1
Date: May 19, 2025
111AVAIL 10
Switchgear Systems
1
S&C Aux. Switch 4-PDT for Remote Ind. of Switch Position
1
Key Interlock interlocks switch with the front door
1
Insulator 27kV 125kV BIL set of 3
3
Eaton C/H RBA 400A Fuse Holder Disconnect #25RBA4-DH
3
Eaton C/H RBA 400A Live Parts #38RBA4-DL
3
Eaton C/H RBA 400A Disch. Filters #RBA4-FLTR
3
Eaton C/H RBA 400A Fuse 250E #25RBA4-250E
3
Current Transformer Bushing Type, 7.25" Window, 600V 600:5 MR C200
3
Marathon Shorting Terminal Block 6Pt
1
Schweitzer Feeder Protection Relay SEL-751
1
ABB Test Switch 10Pole 6C-4P
2
Strip Heater, 500W 240VAC w Guard
1
Thermostat 120-240VAC -10 to 110 DEG F
1
Miscellaneous Wire Labels Nameplates & Hardware
QTY
1
MISCELLANEOUS ACCESSORIES: (SHIPPED LOOSE)
DESCRIPTION
Touch-up Paint Aerosol Spray Can ANSI 61 Gray
1
Lot Spare Secondary Fuses
3
Eaton C/H RBA 400A Fuse 250E #25RBA4-250E
QTY
1
SWITCHGEAR FACTORY TESTING:
DESCRIPTION
Lot Inter -Department, In -Process Switchgear Tests & QC Checks
1
Lot Mechanical Switchgear Testing Dielectric & QC Checks
1
Lot Electrical Switchgear Testing Control Wiring & Polarity) & QC Checks
1
Lot Service (Factory Acceptance Testing)
QTY
1
PACKAGING & HANDLING SERVICES:
DESCRIPTION
Lot Handling / Loading Switchgear on Truck
QTY
1
ENGINEERING & 3RD PARTY SERVICES:
DESCRIPTION
Lot Mechanical Design Engineering - Submittal
1
Lot Electrical Design / Engineering - Submittal
1
Lot Mechanical Design / Engineering - Shop Pack
1
Lot Electrical Design / Engineering & Wiring Diagrams - Shop Pack
1
Lot Project Engineer / Project Manager
1
Set of Submittal/Approval Drawings Electronic
2
Sets of Submittal/Approval Drawings Hardco ies
1
Set of O&M Manuals Electronic
2
Sets of 0&M Manuals / Hardco ies
1
Lot 3rd Party NRTL CSA/US Inspection / Label
Avail Switchgear Systems
3110 Progress Dr. Oshkosh, WI 549011 Phone: 920-232-8888 1 avaiiinfra.com
12
Ref No: CKSO42325-1
Date: May 19, 2025
OPTION 1: FREIGHT PREPAID - ESTIMATED
25KV OUTDOOR METAL -ENCLOSED SWITCHGEAR
///ArAIL:
Switchgear Systems
FREIGHT / SHIPMENT —includes:
TRACTOR/TRAILER FREIGHT
ONE (1) — DEDICATED TRUCKLOAD FROM OSHKOSH, WI TO OSHKOSH, WI.
DELIVERY ADDRESS:
Oshkosh Wastewater Treatment Plant
233 North Campbell Road
Oshkosh, WI. 54902
UNIT #1 - OVERALL DIMENSIONS: 12' L x 7' W x 10.8' H / APPROX. WEIGHT: 6,000lbs.
APPROXIMATE shipping and handling to OSHKOSH, WI. 54902. This is an estimated freight cost and will
be updated prior to shipment and will be billed at cost plus 15% for shipping & handling. AVAIL
Switchgear Systems freight is NOT included as listed above. Prior to shipment, it is the Buyers sole
responsibility to confirm the designated delivery site address and provide any/all appropriate shipping
details, schedule details and site details. At the time of this proposal, no route survey has been
performed. Any interference encountered in route, due to any errors and/or omissions in information
supplied to Seller which require additional handling, equipment and/or other services in order to proceed
to the designated delivery site address will be addressed accordingly and any additional charges will be
paid by the Buyer. Any additional charges due to obstacles that causes delays in off-loading the trucks
(that result in detention fees by the trucking company) will be passed onto the Buyer.
RIGGING, OFF-LOADING, PLACEMENT, ANCHORING & INSTALLATION, STARTUP & COMMISSIONING IS
THE RESPONSIBILITY OF OTHERS.
Avail Switchgear Systems
3110 Progress Dr. Oshkosh, WI 54901 1 Phone: 920-232-8888 1 availinfraxom 13
Ref No: CKSO42325-1
Date: May 19, 2025
OPTION 2: FIELD SERVICE
IIIA
►AIL:
Switchgear Systems
THE FOLLOWING IS OUR ESTIMATED SERVICES TO BE ON -SITE FOR OUR FIELD SERVICE
TECH TO PROVIDE ASSISTANCE/SUPPORT FOR INSTALLATION (OFFLOADING, SETTING OF
THE SWITCHGEAR IN POSITION & RE -ASSEMBLY), START-UP, INSTRUCTIONAL & POST
START-UP SERVICES.
ONE (1) FIELD SERVICE TRIP - ESTIMATE
TRIP #1 — One (1) Service Tech
1-Day = Travel to Site + Installation & Start -Up Services (Monday).
1-Day = Travel to Site + Installation & Start -Up Services (Tuesday).
1-Day = Travel to Site + Instructional Services (Wednesday).
1-Day = Travel to Site + Post Start -Up Services (Thursday).
IF ADDITIONAL FIELD SERVICE IS REQUIRED ABOVE AND BEYOND WHAT IS LISTED HERE-
IN PLEASE CONTACT THE FACTORY FOR OUR MOST CURRENT SERVICE RATES.
Avail Switchgear Systems
3110 Progress Dr. Oshkosh, WI 54901 1 Phone: 920-232-8888 1 availinfra.com
14
Ref No: CKSO42325-1
Date: May 19, 2025 ///ArA/L:
Switchgear Systems
Terms and Conditions of Sale
Standard Terms and Conditions of Sale
Rev, No.2, October 2022
The terms and mncbWm sat forth bdow shall constitute the expression of all the terms of this agreement as a complete and exdums statement of the agreement between COMPANY (hueaRer referred be as SELLER) and the PURCHASER (hereafter referred to as
BUYER).
TERMS AND CONDITIONS OF SALE
Unless different or adktlpai terms and ..dope are stated or referred be In the SELLER§ proposal or final order adowwledgemWe, m-told, evert sue, dffaent or addrou al terra and mnditims shag be extm9Pro as t to particular subject covered, the terms
ant condtlora stated below shall apply. These tams and cordtlores shag supersede any prior or contemporaraous agreements or comespondence between the parties. No come of prior castings between the parties ant no usage of the trade shall be relevant to
supplement or explain any tam used In these tams and condUos, Acceptance o angulescenco in a course of performance redact undo these toms and candtare shag not be lel—t to determine the meaning of these tams and mndtlpns even though the
_Ming or aClWetdog party has knowledge of the nature of the performance and the opp d W for objection. All Orders are subject to pp—.1 by SELLER. My addtlorah or different tents W mndUans sat forth In the BUYEWs order err other communications
are objected t and shag not be eHe t. W binding unesa assented to by an autuodzd rape r"the of the SELLER. Any wahrer or altaatton of ternboxing and
s herein shall not be bng unless In vafIng asigned by an allUw twd representative Of the SELLER. Each
quotation s valid for 30 days.
PRICES
All Product prices are F.O.B. SELLER's plant or point pf origination of shipment unless othandse speaf ed and shall be the Prices In effect at the Ume of shipment. All prices far S.V-shelf be at SELIER's prevailing rotes at the tna serstm s pe formal, No—,,
pdos are subject to change wthaut notice in the event of: (1) alumdurs In spetlOcatbre, quantities, designs, or deNery schedules; and (2) foreign or domestic legislation (Including tax krisladon) wxted by any level of gaverm WH whkh wnuhd ft— the
cost of Producing, uwehosmg, a siting the goods purdazed heewda. In addition, prices may besubject to escalation as negotiated at to time of quotation and receipt of ado.
AN costs for modification or adjustment to the products required be suit uNoreseen fitld conditbrss Or errors or orrussions In the Information suppled to SELLER, with or without SELLER§ aid, shall be assared and peld by BUYER. No discount wolf be all—d unesesa
specifically set forth in amxdznce with the established price and discount schedules of the SELLER, in the event of a price change, the effective date M the change MR be the date shmn on the ne v prim Or discount sheet. Hvxevu, wtwe a price change Is
made by In writing, the effective date may be Shen as part of the announcement.
TAXES
Any erase, sat, use Or similar tar duty of any nature whst--- arising out (, orsses asd against ahem, shag to added the Prior quoted and paid by the BUYER unless BUYER p wMes SELLER with an a—Ptfan OWURcate or other document xcaptable
to tad-9 or toms authwn des at the time an order Is submitted. In the event SEDER Is required to pay say such taxes or duties, the BUYER shall neimb— SELLER therms
PAYMENT AND CREDIT TERMS
Subject to establishment of satisfactoryaedy terms ate strictly net cash tiny (30) days from date of Imdm, payable In U.S. funds. Invoices will be issued as shipment are made. If shipments ate delayed by the BUYER, payments shall became due On the data
when the SELLER is prepared to make shipment. If the wok to be performed hereunder Is data* by the BUYER, payments shag be made based on the purchase prim and the percentage of completion. Equipment held for the BUYER shall be at the risk and
expense of the BUYER. If payment are net made in amardarce with these terms and condition, a —4ce Burge wig, Mthout prejudice to the right W SELLER to Immediate payment, be added In an amount equal to the Weer of 1.5% pa month fraction
Uwwfor the highestlejal2te on tie unpaid balrc Until the purchase pd. and all other sure due punmamth-tea are Paid Inf Em , SELLER retains asshmty Ilhtreet In the materials sold refered to as Ywodsl and In all proceeds at said
Goods. BUYER shall execute Rw2rg sftemenks) an request and authorizes SELLER t execute and file same.
If the fiwndai m W fift, the BUYER at any Una does net, In the Jm W hhdgmuthe SELLER, Justify co drua— O( the work to be performed by to SELLER heram,4a an the tams of payment agreed upon, the SELLER may require full or Partial payment in
am —or shall be amtied t cancel any order then mtstardng and shall receive reimbusertant of its reasonable and proper can®9don doges, m the eventof baNOuptcy or msohercy of the BUYER .11. the went any pmceedmg Is bought against the
R IYER, wludady o in wlontd y, under the bankruptcy or any ilaws
, s, the SELLER shall be &WUad to cancel any order then outstanding a any twe ms during the period allowed for ERng claims against the estate and shall reatw unwne ralmbnt for Its
reasonable and proper canceladon charges. In event of --futon, SELLER shall be mbded to receive reasonable career. Ban charges and shag not In such avent be liable far breach or nonPema rnnce of conerect in whole or in pad. The rights of the SELLER
under this paragraph are cumulative and in addition to all d a; available to the SELLER at taw or In equity.
PROVISIONS ON PAYMENT VOUCHERS
Exception Is taken to any prodsions printed either on the front or bade W payment drafts, Vnuenas, and deeds. Those prpwskrts will not be considered a part of this Agraamen. SELLER§ erdorscmeat is net an acceptance of such provisions.
ORDERS
Orders ate subject to a ndhimurn hl&nit per order and acceptance at the fame office of the SELLER. AR orders and shipments shall, at all times, be subject to the approval of the SELIER§ Credit DepwbnaR. For Products manutctu ed specificaly (or BUYER and I
amerdanm.1h BUYER§ Inslnrbons, SELLER shall cause plans and/or drav mgs to be prepared ad submitted to BUYER for approval. The appmvd pions Wdyor dewings shall be a part M the ag—nI between BUYER and SELLER and the pmdvrls wig be
manufadurd by SELLER in accordance Uam IK Any kdamaUos on, sugg-Uor Ideas trammRtd by BUYER W the SELLER In m-nsdl-with pdormana hereuder are net to,be regarded as secret or submitted In coniiderce except as may be aU-.(m
wm pm,Med in a 'tng signed by a duty authwdrad reprearraUuK W the SELLER,
PACKAGING
AN matdals are wefuRy packdyPaclaged (or Domestic shipment and prices stated are based on SELLER's standard Packaging. SELLER resewz the right of packaging material in any roamer acceptable to mmmerdej carrier, Special customer packaging will be
fuMshed only "tan specified in WdUng, and the t thereof shag be berme by the BUYER. SELLER well net be responsible for loss, delay or damage made by mrtlers. Ha—W, SELLER win render BUYER all possible wanitrce In searing satlsmctay adjustment
of such dams,
DELIVERY
Unless Otherwise specified, all Products are Shipped F.D.B. point of sh[WWe 14 whereupon dethery to a Coder shall mnstltube demery to BUYER Per INCOTERMS. Any claim by BUYER for shortage err damage occurring subsequent to such demery 0, for
nenonforrnape of Goods most be made within fora eight (48) hour after receipt of the Goods from carrier In the condLOn darted, or such Gaols shall be deemed fiwM I peded, decked, and accepted by BUYER.
Should the BUYER request that SELLER delay shipment, — marwfating and testing are completed, SELLER WIN store such equipment, subject to the faBVMng conditions:
(A) upon completion, the BUYER willWbw SELLER W Issue an maelm for the equipment and process said fnWw, within the payment terms of the purchase order, m Ifthe equipment had wtwgy skipped,
(B) BUYER agrees toasune the and --,No of the equipment on the date the inwla is issued.
(C) BUYER agrees to Pay SELLER applk ble handling and stooge fees until time of shipment. If shipment is delayed f more than tree months, an additional fee wig be assessed for irapatbn and deardng of the equipment prior to shipment
BUYER agrees to accept and sign a Bill & Hold Agreement In a farm acceptable to SELLER (which shag, m ant Avant, include pravlsWrs a) tvnugh c) above)
STORAGECHARGES
Goods held in the factory or pled In storage beyond the compidfon/daks Y date for the mnseraahre of BUYER will Be Invoiced monthly. Tears of payment will apply from Invoke date. Title and dsk a loss shall pas te the BUYER Open inwidng 0, —,In, d
such Goads to steage. Said Gaads'W be subject to Barges for wWalwusing, any Bred costs W storage, and ant ad. expenses kuldantal to such delay. BUYER We. to pay SELLER arty direct cost of atoaga charges Plus an additional 10% t arcof, Such
Bred costs may include delt-y rhages t a storage fadRy If nxessitatad.
FORCE MAIEURE
The SELLER shaft not be 1abla In anyway for default or delay In defi>eny or In performance a (.;erne m menufadue or dalher, hie m cunt
acts of the BUYER, ads of Wit or military autnrkyY ads of war, pdoribes, bombings, accidents, fires, strikes or Who labor disturb—, floods, droughts,bnd is Ics, or the mMroi at Its suppliers sa sbeyan l SELLE s bdud a bons net obI.tain
r es yGod,
epmay, the
riot, ER shag
h wtaccohmtgh easescel acr Soada( —.Me control totata of d'-Y rlater,
metier, mmpprenRs or manhdarlhriny fadptaes, a any other contingency affecting the SELLER, its suppiias, or suh�ntraders. m the evert W any such delay, the SELLER shki lave the fight W cancel a mntrad of sale or to emend the date W dehay or
Performance by a minimum Period at least equal be the Ume lost by reason of the delay,
SHIPPING AND ROUTDID
SELLER WIN nOdfy BUYER when the Products or arty part thamf me ready far sNpman. If the mnremgated shipment cannot be made for arty Dose refaced to uder'Fone Majeuo' hrrmf, Including t a lack W shipping instrudiom for the BUYER o BUYER
appointed Independent freight (—,der, SELLER may, unless other agreement Isats made with the BUYER, stare such Products W PIn wNeh erem the following conditions shall apply,
(A) BUYER shag WMse SELLER of shipping InsWrtWns within ten days tram the data of SELLER netifiratmn that the p cknota are ready for shipment.
(a) If SELLER does net raca%m shipping Instructions within such tan -day period, than all eppenses Incurred by SELLER in connection 1 Th the storage of products Inludng demurrage, the t of preparation for storage, storage charges, taxes,
beamsrce, if placed, and handing charges shag be payable by the BUYER upon submissim W Invokes and warehouse receipts, therefore.
SELLER shelf select the Prim of origin of shipment, the method of beruportation, the tyre Of wrier equipment and the muting of the shipment. Uthe BUYER specifies a sped I maMd of trareporttlon, type of curia amaproaM routing or de7wery regWrement,
BUYER shall pay all special freight and handing charge:. When freight is indudei in the price, ne allowanm AN be made in Be. of Irarspatau. ]me Bw accepts shipment m factory, warehouse or freight station or othwrwiss supplies It awn transportation.
Exmpt In the event of shipments spedRmlly designated by SELLER as RD,% destination shipment, SELLER IN net participate in arty settleme td dlama for concealed or other shOPment damage. When shlpmem has been made an an
F.O.B. destlnation bass, the BUYER must unpack Immediately and If damage is dsm%ered, must:
1. Hot mare the product from the point of examination.
2, Retain SWOON confiner and oxiing materle.
3.;kA fy the center W ant apparent damage In wring on eamer's deNay receipt and request the carrier tomake an I specd-
i, totlfy SELLER mpmsenftiva wtNn 72 hour W dell-Y.
S. Send SELLER a copy of the carriers inspection report,
For the awmance Of doubt, risk of less Or damage to to Products shag Pass to BUYER at the F.O.B. Pobn,
CANCELLATIONS AND CHANGES
Avail Switchgear Systems
3110 Progress Dr. Oshkosh, WI 549011 Phone: 920-232-8888 1 availinfra.com 15
Ref No: CKSO42325-1
Date: May 19, 2025
A►,AI L
Switchgear Systems:
Orders are not subject to wncetlatlory additions, changes In specifications, shipping schedules, or any other condition except with SELLER's written consent and subject to conditions then agreed upon. The BUYER may cancel Na order only upon written notice and
upon Payment to the SELLER of reasorxble and prop, wnWlatlon charges, which may take into account, witimt BmPoton (casts of matedtah, incurred reugh tlhe date of cancellation, charges for labor or work done through the date of cancellation, avuhead
ant the SELLER's margin on such materials and tabor). Without PmRog the generality of the fasegong, in the case of cancellations, BUYER shad Inds rxdfy SELLER against any liability and ape se Incurred and oommibnents made by SELLER in the cause of
protasing and performing such order and shelf provide for o-pmsation for the contract value of products or puts completed and ready f, shlpim t plus an additional payment equal to IVA of the amount of the payment for which SELLER otherwise would
haw knolcod BUYER wOh respect o such order. Any orders delayed or rend dulei at the request W the BUYER wlg be wb)ed to the prices and cordbore of sale in affect at the time of the release of the hold or reschedule.
ERRceLS
AN clerical mars are subject to cerrec om
PATENTED PROCESSES
The purchase of the Goods does net Ndde BUYER to employ Use same with any patented puce s a+med by SELLER or oIT—.
PATENT WFRWGEMENT
(A) SELLER shall at Rs aspense, defend any I—ft brought against BUYE0. hosed on a claim that any product fundshed by SELLER pursuant to this agreement consbTtAes an hfdhgensant of any United Rates patent, and SELLER shad pry an
judgments and costs recovered against BUYER in any such suit and shad reImbuse BUYER for costs or expenses Incurred by BUYER In the defense of any such suit, Provided that BUYER gives SELLER prompt notice of such suit, reasonable assistance in the deface
thereof, and fuel opportunity to central at aspects of floe defense thereof, including settlement In the event such Product is held he catihRe hddngamw t and floe use of the product is enjoined, SELLER shall, at its option, procure for the BUYER the rightto
onthhue using the product, replace it with — InMngng product, modify R se b becomes non-hdrk4N, or snow the product ant refund the portion of the owned price applicable thermp, Including the transportation and installation thereof.
(a) SELLER's liability or patent infringement share not appy to:
L Patented Processes performed by the Product, or amthw product produced thereby.
2. Products suppled according To a design other than that of SELLER and which is required by the BUYER; ar
3. Modifications of the product or oa nbmado of the product with another product rat fscntshed by SELLER.
(C) THE FOREGOING PARAGRAPHS STATE THE EUME LIABILITY OF SELLER FOR PATENT INFRINGEMENT BY ANY PRODUCT FURNISHED PURSUANT TO THIS AGREEMENT AND ARE CONTINGENT UPON BUYER NOT TAKING ANY POSITION
ADVERSE TO SELLER IN CONNECTION WITH SUCH CLAIM.
(0) If a AR h brought f: ar against SELLER on account oft patented processes performed by the product or with respect to another product woduod thereby, products suppled ac-dng toa design other than that of SELLER and w" Is required
by The BUYER; or maddatiprts of the product or ombiretbms of the product with aredw product hat furnished by SELLER, BUYER shad Indemnify SELLER in the same moon, and to the were extent that SELLER would Indemnify BUYER Pursuant to Ile
foregoing paagrapha.
DESIGNS
All designs and specifications shown in SELLER's wala,N(brahwes aze subject to change vithaut notes.
ASSIGNMENT OF CONTRACT
Arc/ assignment of this contract or any rights hecreader without wm'tah cersent of the SELLER shy be said. The pmNsiors of this contract are for the benefit of the parties thereto and not for any other IndiNduat, company.
LIMITATION OF LIABILITY
SELLER and m Is ntradnrs and suppliers of any tkr shall not be table In contract, In tort (Including negigance or strict Rability) or oUs arwhe for damage or hiss of other property or equipment, loss of profits use or re -sue, loss of of equipment or power system,
Cost of capital, cast of purchased or rgdacement power or to op,ay equipment (induding additional espenzes Incurred In using extti g taciRtles), claims of customer of the BUYER, or for any special, Indled, Incidents, or consequential damages whats—,
regardless ofwhether such Potenba damages are foreseeable or if SEDER has been advised of the possiblity of such damages. Cansequenta damages far purposes hereof shad include without imitation, loss of Income or profit or ruses sustained as the result of
Injury (including death) to any person, or ions of or damage o property. BUYER shall indemnify SELLER against all #WAY, —� or esp—which may be sustained by SELLER on account of any such loss, damage,, Injury. Any additional or different 1—
specifically relating to or addressing the subject matt, of this paragraph shad be deemed material aft atio s within the meaning of Section 2.207(b)(2) of the Texas Business and Commence Code.
The remedies of the BUYER set forth herein are esdushe and the total aw W. Ilabdity of the SELLER with respect to theca terms and andiUons, or any agreement between BUYER aid SELLER governed hereby, or anything done In co—fian ti—with such as
the Performance a breach thereof, or from the manufacture, sale, delivery, resale, or use of any product owed try, furnished under these terns and conditions, or any agneweent between BUYER and SELLER gowned hereby, whedw in contact, Is tort
(inducing negignso, strict "fity) or otwulae, shad not exceed the price of the Product or part on which such lability Is based. No ado., regardless of form, arising our of Use transaction under these terns and conditions, or any agreement between BUYER
and SELLER gotemed hereby, may be brought by Pudsasar more than one (1) year niter the cause of action has accrued.
It it. SELLER hi nithea BUYER with whAce in other assistance that cereens any V cluda supplied hereunder or any system or equipment In which any such product may be Irstaled and which Is rot required Pursuant to these temp and ow dtions, the furnishing
of Arch advice, assistance will not subject the SELLER to any liability, 14.0 r In contract, warranty, tort (Idudr.9 aagBgarte) or thewise.
WARRANTY
SELLER warrants that the Goods mamfacturedl by R and/or —Aces provided by Rwill be free from defect In wwon—lep, am buial, and manufacture; provided, lhvwaw,, that thts warranty shad teammate on the date ace (1) year from the date of shipment. In
the —vt ant woke supplied, or product sold hereunder manufactured by the SELLER n detective due to vwdanansidp or material, the SELLER agrees for a Period of one (I) year from the date of shipma)t at Its option, be cerred such non-o fermRy or replace
such dere," Part, product. The agrearruu t howewv, is upon cendtlon Usat the BUYER promptly notifies the SELLER Is writing of a y claim in Wrasped, setting raspesating forth in d Sail any such calmed defect and that the SELLER be afforded a reasonable opportunity
To —,,.e the product and to Investigate the claimed defect INS warenty does not obligate she SELLER to bear are/ transportation derges in connection with the replacement or repair of defective products. Nobwit ursarding the foregoing, the SELLER shall be, in
no Nest Bahr for damages, whether based in contract, negligence, beyond the lower of the cost of oneNng the hon<an forty as herein pmMed or the price paid by the BUYER for such ddedive product and shad rat be Rabic f, ary Ihadental or
cohsseeruentlal damage whatsoever.
SELLERS warranty does net apply to any product which has been subjeded to r I—, mishandling, misappBaton, abuse neglect (IrOudi g but not I wed to Improper maintenance), accident, Improper installation or storage, modification (incluciing but not dmRed
to use of ..U-i d pads a attadrnents), or adjustment or repair performed by anyone other then SELLER or one of SELLER's ahfhoriaed agents. This warranty does net —reimbursement for labor, gaining aoess, removal, Installation, temp—y power, or
any ether asperses, which may be incurred In coaxctlon with repair orn placanMt Goods which may be.0 by SELLER, but which are not manufactured by SELLER are not warranted by SELLER, but ore sold only with the warranties, t ary, of ite
rmanuocterars thaanf. SELLER does not wanant ant product or saviors of others that BUYER has desgnated. The Rabiity, of the SELLER shall net exceed any adjustments with resp t te which such manufacturer accepts responsibility. No aRbmatbn,
modfiatlan,, addition to this agreement with respect to warranty of Use SELLER, either before, after contract of sale, shad be made except in writing by an andhodred represahiatkve of the SELLER.
In no emit shad Seller be n,sparoible or gaining access to the products), disassembly, or raassmcbly.
THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE NOT EXPRESSLY SET FORTH HEREIN. BY ACCEPTANCE HEREOF, THE BUYER AGREES
THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES BY THE SEDER OR BY ANY MANUFACTURER AS TO THE FITNESS FOR A PARTICULAR USE, MERCHANTABILITY, CAPACITY, OR EFFICIENCY OF ANY PRODUCT SOUS OTHER THAN EXPRESSLY SET
FORTH HEREIN, AND THAT THERE ARE NO ORAL OR 114PUED ADDITIONAL WARRANTIES MADE IN CONNECTION WITH ANY SALE BASED HEREON.
CORRECTION OF NON�CONFORKMS IN THE MANNER AND FOR THE PERIOD OF TIME PROVIDED ABOVE SHALL CONSTITUTE SELLERS SOLE LIABILITY AND BUYERS EXCLUSIVE REMEDY FOR FAILURE OF SELLER TO MEET ITS WARRANTY OBLIGATIONS,
WHETHER CLAIMS OF THE BUYER ARE BASED IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE.
For the avoidance of doubt, the warranUes and tomdfies set forth herein are conditioned upon (a) Proper storage, Installation, use and maintenance, and cerdorma oe with any ap*,able remnnxndallans of SELLER and (b) BUYER promptly rel fyitg SELLER of
any defects and, IT required, promptly making the product available for oxrecton.
GOVERNING LAW
The rights and remedies of the parties hereunder shad be govened by the law of the State of Texas. SELLER cartfies that its goods will be produced In mmpia see with all appliwde fgtdm-As of Section 6, 7, and 12 of the Fair tabor Standards Act, as
amended, and of reguladwa and orders of the U. S. Department of tabor Issued pursuant t ersta In the case of Canadian Iacatbns, the rights and remedies of the pates hereunder shad be gowned by the Raw of Ontario, Canada. SELLER cetlfles that Rs goods
will be produced in,,nuance with all applicable rghfnerxnts.
CLAIMS
Amy clam by BUYER with reference to the Goods sold hereunder shad be deemed waved by the BUYER unless sulxNRed In writing to SELLER wMn tap (10) days from the date BUYER co—ed, , by fasonable iwspecton should haw discoed, any claimed
breach of the foregoing warranty, Any cause of action fer beach of the foregong wamenty shall be brought wiWn one (1) year from the date the alleged breach was disovered or shauid haw been ol—di, whlrhuar occurs That. At SELLER% request, BUYER
will sad, at B IYER's sole expense, any
allegedly dt to the plant Live parplant of SELLER which marnfachued them or such other pace as SELLER may request. Pads, products which are repaired, a replacement parts, produce, snap f ed be deo BUYER F.O.B
SELLER'S Punt, such other place as SELLER may desgmte.
FAILURE TO ENFORCE
Forbeaance or failure of the SELLER to enforce any of these conditions, or be axetche any right accruing from any default of the BUYER, shall not cansttute a warw of SELLER's rights; hereunder or, for the a.Wdarce of doubt, affect or impar the SELIEWs rights
should defauR ohdnue, or in case of subeaquent default of BUYER. Such forbearance, failure shall not be deemed a walver of the SELLEWs rights in case of other or furore defaults of the BUYER.
COMPLIANCE WITH OSHA
SELLER offers no warranty and makes no representation that its produce comply with the provisions or stands is of Use Omrpataral Safety and Heath Ad of 1970, of any regulation Issued theaundw. In no emit shall SELLER be Rable far any hiss, damage,
Rees, penalty, or experse5 arising now said Act
ARBITRATION
Any disputes or diffeaces amc,ning the performance, bread) or inteWaofon of any of the Fmaisi— of these terns and conditions, a any agreement between BUYER andSELLER gowned hereby, shall be nrniwd only by binding arbitration In be. conducted
In a®rdann, with its cemmacial arbitration rules and judgment upon the avad fe defed by the wis"or may be entered In any men having Iudsaltd ion thereof will be gmwr d W the statute of the State determined by the SELLER.
GENERAL
The provisions of these terms and coMitons ore for the benefit of the parties thereto and not far any other person. No understanding, promise or representation, and no waher, alteration, or modification of any of the PrmAsions hacof, shelf be binding upon the
SEDER unless assented To In wrung by an awambed representative of the SELLER.
Avail Switchgear Systems
3110 Progress Dr. Oshkosh, WI 549011 Phone: 920-232-8888 1 avallinfra.com 16
Ref No: CKSO42325-1
Date: May 19, 2025
Escalation Policy
IATAIL:II
Switi fhgear Systems
Prices in this proposal have been determined without contingency for material price escalation.
Avail Switchgear Systems continually partners with suppliers to keep costs down; however, volatile
markets occasionally result in drastic increases to our operating costs due to the strains they place on the
supply chain.
This proposal assumes that Avail Switchgear Systems will have a right to equitably adjust the proposal
pricing when it is significantly impacted by material price escalation.
To provide a simple mechanism to determining the impact of escalation to the proposal price, Avail
Switchgear Systems will use the following Producer Price Index from the U.S. Bureau of Labor Statistics:
Electrical Equipment Manufacturing [PCU3353133531], retrieved from FRED, Federal Reserve Bank of St.
Louis:
https://fred.stlouisfed.org/series/PCU3353133531
In the event of an index increase greater than three percent (3%) occurring between the time a proposal
is submitted to the month prior to shipping, an adjustment may be applied.
Avail Switchgear Systems
3110 Progress Dr. Oshkosh, WI 549011 Phone: 920-232-8888 1 availinfra.com 17
City'',
fw
Oshkosh
LIST OF PROPOSED SUBCONTRACTORS
Name:
Name:
Street Address:
Street Address:
City, St, Zip:
City, St, Zip:
Phone Number:
Phone Number:
Name:
Name:
Street Address:
Street Address:
City, St, Zip:
City, St, Zip:
Phone Number:
Phone Number:
Name:
Name:
Street Address:
Street Address:
City, St, Zip:
City, St, Zip:
Phone Number:
Phone Number:
Name:
Name:
Street Address:
Street Address:
City, St, Zip:
City, St, Zip:
Phone Number:
Phone Number:
Copy this page if you have more than eight (8) entries.
\ \ DOOI.com\Projects\ 14556she\ Specs\Service Procurement\ 00 4113.01 -Supplement I List of Proposed Subcontractors.docx
ARTICLE 9—BID SUBMITTAL
SUBK4DTEOON 2U25��_
State Contractor License No. (Ifapp|icab|eT~CEI»P)r'
|fBidder is: k4Y��
~ � " �0nr
An Individual DEp-r Or
Name (typed orphnted): '
(Individual's signature)
Doing business as:
Business address:
Phone No.:
FAX No.:
E-MailAddraaa:
A Partnership
Partnership Name:
By:
(Signature of general partner — attach evidence of authority to sign)
Name (typed orphntad):
Business address:
Phone No.:
E-MailAddreoa:
A Limited Liability Company (LLC)
LLCNanne: pO«verghdSolutions LLC
State inWhich Organized: WI
VIK4 rk row
V V(Signature — attach evidence of authority to sign)
Name (typed orphnbad\: Jake Myers
Title: Sales Manager
Business address: 3110 Progress Drive, Oshkosh, Wl 54901
Phone No.: 573-592-1253
FAX No.:
BID FORM Donohue &Associates, Inc.
0041 13-6 Project No. 14556
E-Mail Address: Jake.Myers@availinfra.com
A Corporation
Corporation Name:
State of Incorporation:
Type (General Business, Professional, Service, Limited Liability):
By:
Name (typed or printed):
Title:
Attest:
(Signature — attach evidence of authority to sign)
(Signature of Corporate Secretary)
(SEAL)
(CORPORATE SEAL)
Business Address:
Phone No: FAX No.:
E-Mail Address:
Date of Authorization to do business is
A Joint Venture
Name of Joint Venture:
First Joint Venturer Name: (SEAL)
By:
(Signature of joint venture partner — attach evidence of authority to sign)
Name (typed or printed):
Title:
Business address:
Phone No.:
E-Mail Address:
Second Joint Venturer Name:
By:
9010,11l5411
(Signature of joint venture partner — attach evidence of authority to sign)
Name (typed or printed):
Title:
Business address:
(SEAL)
Donohue & Associates, Inc. BID FORM
Project No. 14556 0041 13-7
1`Y 2 7 1
0s j vl,sc NI�JN
CERTIFICATION
I certify by my signature below that the equipment supplied by our firm will comply with the
Build America, Buy America (BABA) requirements of Title IX of the Infrastructure Investment
and Jobs Act, Public Law No.117-58 § 70901-52 for the Bid Items and Bid Item Alternates listed
below (Examples: Bid Item 1-Medium Voltage Transformers, Bid Item 2 Alternate A -Item
Description, etc.):
Bid Item 2 - Medium Voltage Metal -Enclosed Switchgear (BABA Compliant)
C)d4 ?��
ame
tl
Jake Myers
Printed Name
Sales Manager
Title
Powergrid Solutions LLC
Company Name
5/20/2025
Date
L•\Wastewater\24-03 WWTP Tertiary Treatment\ Administrative\ Contract Page 1 of 1
Information\ Contractor -Consultant Agreements\ Elect Sery Equip \ Addendum #1 (Re -Bid)\ 00 41
13.03 - Supplement 3 Statement of Compliance with the BABA Act.docx
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.oShkoshwi.gov
Unsolicited Alternate Items to Bid Item Prices
Bidder may elect to offer unsolicited alternate items to Bid Item 1 or Bid Item 2 of Paragraph
5.01.A. of the Bid Form for Buyer's considerations. All unsolicited alternates shall be non-
binding until Buyer provides confirmation in writing the unsolicited alternate shall be
accepted and incorporated into the Bid Item.
Bid Item 1 Alternate A, Unsolicited Alternate Item A:
Description:
Total Price: $
Bid Item 1 Alternate B, Unsolicited Alternate Item B:
Description:
Total Price: $
Bid Item 2 Alternate A, Unsolicited Alternate Item A:
Description:
Total Price: $
Bid Item 2 Alternate B, Unsolicited Alternate Item B:
Description:
Total Price: $
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