Addendum 4~5.pdf

Rev 4-21-20

August 17, 2023

ADDENDUM # 4

Control House for Danebo Substation

RFP #23-161-G

This addendum modifies the RFP and/or bidding document(s) only to the extent indicated herein. All other areas not specifically mentioned or affected by this addendum shall remain in full force. This addendum shall be added as a part of the original RFP document and shall become part of the work required.

QUESTION & ANSWER

1. There appears to be some discrepancies between Attachment A Standard Terms and Conditions, the Exhibit #1 Sample Contract, and the specifications regarding taxes, warranty, and Order of Precedence.

Which document supersedes the other?

Response: Please see background and guidance for each.

A. TAXES

Attachment A

A.35 refers to EWEB’s tax information so there is no conflict there.

A.31 states as follows:

“Any service or services to be rendered by Contractor under this Contract are those of an independent contractor. Contractor, its Subcontractors, Agents, Officers or Representatives are not officers, employee, or agents of EWEB as those terms are used in ORS 30.265. Contractor is responsible for all federal and state taxes or other payments or withholdings applicable to compensation or payments paid to Contractor under this Contract. “

Sample Contract

Clause 15-C in the Sample Contract says the same thing except it adds that contractor will hold EWEB harmless from such financial exposures.

“Contractor agrees it is responsible for all federal and state taxes or other payments or withholdings applicable to compensation or payments paid to Consultant under this Contract and shall hold EWEB harmless from such financial exposures.”

The Sample Contract shall supersede Attachment A in regard to taxes.

B. WARRANTY

Attachment A

A.5 Warranties:

“Unless otherwise stated, all goods shall be free and clear of any liens or encumbrances and shall be new (and, if applicable, the current model) and shall carry full manufacturer warranties.

Contractor warrants all goods delivered to be free from defects in labor, material and manufacture and to be in compliance with the specifications set out in this Contract. All implied and express warranty provisions of the UCC, as adopted in Oregon, are hereby incorporated by reference. Further, Contractor represents and warrants to EWEB that Contractor has the power and authority to enter into and perform this Contract and that this Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms.”

Specifications

Spec ES 3-9.710 Rev 16

1.0 Warranty

“The contractor warrants to EWEB that any switchgear furnished will operate and function in the manner represented by the contractor and will achieve the performance stated in the material specification when operating within the design condition described therein.

The contractor warrants the switchgear is free from defects in material and workmanship and agrees to repair or replace any unit that is unsuitable for operating or fails in operation during normal and proper use, including all parts and labor at no cost to EWEB.

EWEB requires a minimum warranty period of eighteen (18) months after the date of final acceptance unless contractor routinely and normally offers an extended period beyond eighteen months, which extended period shall apply to this switchgear. In addition, any defect in the design or manufacture discovered by the manufacturer and/or the purchaser in the warranty period shall be corrected to EWEB’s satisfaction at no cost to the purchaser.

The equipment manufacturer must have service and repair facilities capable of complete overhaul. The manufacturer must have five (5) years of experience or more in the design, manufacturing, and testing of switchgear of this size and voltage class.”

Spec ES3-9.800 Rev 0

3.0 Modifications to Reference Standards

“3.2.3 Manufacturer shall warrant the control house and all workmanship performed by the manufacturer for a minimum of 5 years.”

GUIDANCE: Specific warranty language in specifications and Attachment A, as shown above, is deleted and then added, with revisions (in purple), as section 4 (formerly “4. Reserved”) in the Sample Contract, as follows:

4. Warranties.

“The Contractor warrants to EWEB that the control house and any switchgear furnished will operate and function in the manner represented by the Contractor and will achieve the performance stated in the material specification when operating within the design condition described therein.

The Contractor warrants that the control house and switchgear is free from defects in material and workmanship and agrees to repair or replace any unit that is unsuitable for operating or fails in operation during normal and proper use, including all parts and labor at no cost to EWEB.

Unless otherwise stated, all goods shall be free and clear of any liens or encumbrances and shall be new (and, if applicable, the current model) and shall carry full manufacturer warranties.

Contractor warrants all goods delivered to be free from defects in labor, material and manufacture and to be in compliance with the specifications set out in this Contract. All implied and express warranty provisions of the UCC, as adopted in Oregon, are hereby incorporated by reference. Further, Contractor represents and warrants to EWEB that Contractor has the power and authority to enter into and perform this Contract and that this Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms.”

Switchgear Warranty - EWEB requires a minimum warranty period of eighteen (18) months after the date of final acceptance, unless Contractor routinely and normally offers an extended period beyond eighteen months, which extended period shall apply to this switchgear. In addition, any defect in the design or manufacture discovered by the manufacturer and/or EWEB in the warranty period shall be corrected to EWEB’s satisfaction at no cost to EWEB.

The equipment manufacturer must have service and repair facilities capable of complete overhaul.

The manufacturer must have five (5) years of experience or more in the design, manufacturing, and testing of switchgear of this size and voltage class.

Control House Warranty - Manufacturer shall warrant the control house and all workmanship performed by the manufacturer for a minimum of 5 years after the date of final acceptance, unless Contractor routinely and normally offers an extended period beyond 5 years, which extended period shall apply to this control house. In addition, any defect in the design or manufacture discovered by the manufacturer and/or EWEB in the warranty period shall be corrected to EWEB’s satisfaction at no cost to EWEB.”

Order of Precedence:

In order to align Order of Precedence between Attachment A and the main body of the Contract, the following changes are made to Attachment A as shown. Red indicates deletion and purple indicates additions.

ATTACHMENT A

A.3 STANDARD AND SPECIAL TERMS AND CONDITIONS; ORDER OF PRECEDENCE:

“These printed Terms and Conditions are the Standard Terms and Conditions for EWEB contracts for the purchase of goods. EWEB may also provide "Special Terms and Conditions" elsewhere in the Contract which apply only to this Contract. Whenever possible, all terms and conditions are to be harmonized. In the event of a conflict between the standard and "special terms and conditions", the "special terms and conditions" take precedence, unless the standard term(s) in question is/are required by law. In the event of a conflict between terms, 1) the special terms and conditions, 2) these Standard Terms and Conditions, 3) the Invitation to Bid or Request for Proposal, and 4) the bid or response thereto shall be interpreted in the foregoing order of precedence.

This Contract consists of the following documents, hereby incorporated by reference, which are listed in descending order of precedence: this Contract less all attachments and exhibits, Attachment A - Standard Terms and Conditions, Attachment E - Statement of Work, and specifications and drawings.

By signing this Contract, Contractor agrees that, in the event of a conflict, all the terms and conditions of this Contract supersedes all preprinted terms and conditions on any forms used by the Contractor.”

CLOSING DATE AND TIME

Closing Date is September 5, 2023. Time remains 2:00 pm (PST)

This addendum constitutes a MATERIAL CHANGE to the bid. ITS RECEIPT BY THE BIDDER IS TO BE ACKNOWLEDGED BY A SIGNATURE AND RETURNING A COPY OF THE ADDENDUM WITH ITS RESPONSE OR

BY CIRCLING THE ADDENDUM NUMBER IN THE APPROPRIATE AREA ON THE BID FORM.

Addendum prepared by:

Sandra Hahn, Purchasing Contact

The undersigned hereby acknowledges receipt of this Addendum and agrees to be bound by the conditions therein.

Company Name: ________________________________

Signature: ______________________________________

Date __________________________

End of Addendum