HomeMy WebLinkAboutResolutions - No. 2016-01RESOLUTION NO. 2016-01
A RESOLUTION OF THE LODI CITY
COUNCIL APPROVING AND AUTHORIZING
THE CITY MANAGER TO PURCHASE A
MEGGER RELAY TEST SYSTEM FROM
MEGGER USA, OF DALLAS, TEXAS
WHEREAS, the Electric Utility (EU) utilizes several protective measures to
ensure high reliability and safety, while at the same time protecting power transformers
and the distribution system from catastrophic failure; and
WHEREAS, power transformers are large units within the EU substations that
transform electricity from 60,000 Volts, to 12,000 Volts, which is then distributed to end-
users; and
WHEREAS, power transformers are also the threshold for determining EU's
largest contingency component of the capital reserve target; and
WHEREAS, to safeguard this investment against catastrophic failure, EU utilizes
standard industry practice by installing relays that perform many protective tasks; and
WHEREAS, the utility industry has not standardized on a specific type of relay;
however, the EU uses relays that include antiquated technology in the form of an
electro -mechanical design as well as modern microprocessor -based technology, and
staff does not have the equipment needed to test all relays in the system; and
WHEREAS, testing relays is an industry best practice, as well as a regulatory
requirement; and
WHEREAS, staff recommends purchasing a Megger Relay Test System
SMRT36, that will enable staff to test all relays within EU's system, including relays that
will be required for a future transmission system expansion; and
WHEREAS, the Megger system operates as a stand-alone unit which does not
require computer interface; and
WHEREAS, utilizing a stand-alone system avoids the drawback of obsolete
operating systems and additional computers that are needed to operate the test system;
and
WHEREAS, EU would be required
great cost that require computer interface,
Megger Relay Test System SMRT36; and
to purchase several different test sets at a
to meet the same testing capabilities of a
WHEREAS, in evaluating options, due diligence resulted in an opportunity to
purchase a demonstration Megger Relay Test System SMRT36, at a 25 percent
discount from retail price, which is a single unit, sold on a first -come -first -serve basis;
and
WHEREAS, consistent with Lodi Municipal Code 3.20.070(5), bidding shall be
dispensed... when the City Council determines that the purchase or method of purchase
would be in the best interest of the City; and
WHEREAS, staff recommends the purchase of a like -new demonstration model
Megger Relay Test System SMRT36, for the negotiated price shown on Exhibit A,
attached hereto and made a part of this Resolution.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
waive the bidding process and authorize the City Manager to purchase a like -new
demonstration model Megger Relay Test System SMRT36, in an amount not to exceed
$50,200.
Dated: January 6, 2016
I hereby certify that Resolution No. 2016-01 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held January 6, 2016, by the following
vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi,
and Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
NIF+RlO
City Clerk
2016-01
EXHIBIT A Meager.
QUOTATION
Lodi Electric
Megger Quote No:
ISDQ56524-03
1331 S Ham Lane
Date:
Dec 16, 2015
Your Ref:
RFQ - SMRT36
Quotation Validity:
30 Days
Lodi CA
95242 Payment Terms:
NET 30 Days
United States
Currency:
US Dollars
(209)333-3141 (Ph)
Freight Terms:
EXW: Factory: Dallas, TX
(209)339-0851 (Fax)
Destination:
United States
Attn: Chuck Thompson
Shipment subject to change due to demand.
Payment Terms are subject to credit verification. If Tax-exempt, certificate
is required with purchase
Please reference our Quote No. on all correspondence
Thank you for your inquiry. We are pleased to submit the following Quotation subject to Megger Terms and Conditions.
Item Qty Part Number Description Unit Price Total Price Lead Time
1 XFSMRT36-30P1 F1A1 dike New Magger Relay test System SM Tf38 - .includes: $46,398.75 $46,398.75
T1 34.An+pere Warluous,641►4mpere nitix output capoblNty
par channel, 3 Voltage 1 Current Channala,.MM, wish
Extra Binary 110 and HAT SIM, Muelooth, IEC 81850,
Standard Arnerican 15-4mp Power Card, and test leads.
Also includes Tr;;inoucer Tact Feature and AVTS Basic
Software.
***Includes 90 Day Warranty***
1 DA -FRT Ground freight cost, shipping from postal code 75237 to $50.00 $50.00
***Please note our annual factory shutdown is from Dec 25th through Jan 4th. Lead times for product(s) do not include this shutdown
time ***
*Freight will be prepaid and added to your invoice, unless you choose to supply Megger with your collect account information, at the
time of order.
Notes:
-Cancellations are subject to a minimum 20% restocking fea..
-One in$tructldn manual included when applicable; additional copies are subject to charge.
-Minimum order amount: $125.00 USD.
-Any test reports another special documentadort required trust W. requested at fte of inquIpI and rrfay be subjet:t to charge.
-Delivery lead times quoted by Megger:.ate ex-fariaryunless otherwise noted. Magger will not be respanslble for fete delivery
penalties unless Megger has been advised in the quotation stage that such a condition exist and it has Won agreed to in Writing.
-Inspections. by client representatives or third party contractors add to the delivery time and. should be documented in the bid stage.
Once yoteve reviewed the enclosed information, should you have any questions or require additional information. please call me or
contact our Technical Sales Representative in your area, Sierra Utility Sales Inc, Santa Cruz CA, at 8314.64-225.0
On behalf of Megger
Antonio Plascencia
Inside Sales Representative
Approved ss to for im 214-330-3552
Deputy C�► Attorney 214-330-3552
Megger 4271 Bronze Way Dallas, Texas 75237 Tel: Main: 800-723-2881 Fax:(Sales) 214.331-7399 Intern
TERMS AND CONDITIONS OF SALE
1. DEFg1arrI0NS: in these terms and cendRlom Megger wilt be referred to as the "Seller," the to. LIMITATIONS: This Agra
rW&Iats, goods and serhfites to be futnished will be referrals to as the "Goods:' arus.tlhn porton botrveen the part 0% harato v
or firm purchasing the Goods will be retatfad to .as the `Buyer ^ and the C.ustoMt rro prornlsss, agreements, of
Atknov,Aaagmeiil or Incite to whidh dim Toms ond.iConditions of 'Sale aro sttatlted will be ha olnapwwi been
ent of and rode
referred to as the "Agreement ' be shall not affect the rlghis, du
These Terms and COndit)otu of Sale shall supersede the terms of Ott Buyer 5 purdhasa order at
contract In the event of contradktls n OF lownsistereq herewith, and no outer term- pgreernerus,
or customs Inconst+sfent honm(th shalt be binding upon the Setter . All prdars are su act to
acceptance by Senor At its principal place of business, 4271 Bronze way, Dallas. Texas.
R. PRICES AND YERMS:{A) DomestlC•Tounsol payment for domaftle shipment are not 30days
from the daxo of shipment, in the ownt'shiprnent is delayed by the tsnyerthe termsof pa=t re net4l) days from the date of ft"licauon to the Buyer thatopulpmentIs ready for shlpmom.
g) Eslporl•ACcoptaa<a of export solos cannot be made urdess itut fl uyer,(ragardlassol nationality)
provldas an inovgcable latter of Credit drawn on a United States bank as spetlfwd by im Sellor
aYcepl where.olher arrangameAts: have been ac(epted In writing by Seller, and payable in U.S..
iundsWon presentation of original Invoice and 8111 of Lading tonne shipment from Plailt1001 y
NOTE 1. BNyor shall payintorast on ail past due amounts at the lower of raj ane and one-hoU
parent {t • 12%) per month, of ib1 the masl)mtlm nonysurlous rate permitted by appHcable
law. Buyer agrees• toga all agency ar attorney foal and emit [alts should It 68ldmo ncto%t+ry
In the collection of dHfnquent payments.
NOTE 2: UPAM otherwise aggrood 7�yl 5e11er In writing, B.uyel may notratatn pa ent.ofany
portion of the sales price. IlBtryer disputat the accumey of any portion of any Invoke, Buyer
"not withhold p8yntertt of this disputed 4Vount, but shall promptly nolifyrSatietpoifyIng
the amount in fttspute and the reason thorefomwer YAN make timely payment of all amounts.
EntlVd(ng those hi dispute. Tiro parllesWill promplty attempt to resolve the.0hpute and,
upon resolution, Soller WIN promptly pay any amounts due Buyer.
NOTE 3. Partial shipment and payfeent therefore will be allowed unless specifically excluded
by the Buyer and agreed to by the Seller.
3. PAYMEW, (A) Payments ase made+n Umtod Statescuriency to Seller at the of file aI the
corparotlon in Dallos Cewntyyf, Texas. lel Payments of each Involve covering partlat shipments
shall become due inaccaime with this Agreement. If Seffor shall be delayed I n shipment of
the contrast by attlon.w Inectfon of the Guyer, Sailor may state the Goons for Buyars account
and risk. Seo Paragraph No. 16. theateilal Storage).
R, TAxess Pricovdo not include sales, use, tgiclse..added value, at any other dhro t tax of a similar
naturo of federal, state, count r municipal.griyyirb suer do prfsesInclude arty such tax Imposed
by yarnmont units outside lNa UrUtld 3tateti If Senor should be requlrod to collect a at pay
such lades, the ".r sh4l reimbVrse the Sollw sof full amount.
5. DEL{UERY: Prices are quoted Ex-Fattwyof Origin, unless otherwlseagreed In writing, and
de(Ivory so a transportation company property (onsigned, shall constitute delivery to the Buyer
fl. CRAAMM PASSAGEOF TrNP, ANO.INSPECiION; Unless otherwise spavfRed Gaols fpr domestic
shipment will nal La oaten. ltleto the Goads covered by this Agreement VAN passto the -Buyer
at the time of &INMY of the shipment la the te4n5portadon company, WW*Ct to the security
jntvost.therein rasgrAW In Paragraph NO, I I hereof; and inspection of such Goods will be at
destination untess otherwise spedfled here)++.
Unless otherwise agreed in wrlting, Buyer and carrier are responsible for Goods lost or damaged
in transit.
1. DELAYS, Selleishall Flat he liable for a+yr lost delay default or damage resulting from reDarr'ryry
cause beyond its ionablo control, inrludl wllhaut Ilmitatton, war.gtwgrnmentol togulanon
or interference, act of Gad. fires, hfs, ooacd0nL damago•to its plants, epidemics, quarantlrre
Cast rktitins. .Striltai, lackaatL Jnsurr*dlc , riot, Oriar90es, IAterruptionof iMnsportatlan
facilities, and failure of suppllers to meet deltvery sC hedutes;
B. CHANGES, Changes requosted of this Agreement will be reviewed for prlce adjustment and
will be subject to acceptance by Seller.
9. CANCELLATION: This order may be canceled only upon written requestand must be with
Seller's consent. Cancellation charges are calculated as a percentage of the Invoice price As follows:
5.0% 6 weeks or more prior to confirmed ship date.
10.0% 4-6 weeks prior to confirmed ship date.
15.0% 2-4 weeks prior to confirmed ship date.
20.0% 2 weeks or less prior to confirmed ship date.
10. MATERIAL STORAttEr In tha event Buyer is not In position to receive shi pnhent of the Goods
by the pFQWO!U requosled or agreed upon lhipplihg date, Salter vein not be required to hold or
store such Goods fora period of more than fllteen {15) days unless a Charge of 194 of the relling
price is authorized per month of storage thereafter,
11. RETURNED DOOM Aulharhy to return Goods (must W obWnad) from end autholIzed
olik,al.of the Seller. AIS returA.shlpmenes must heve trarr3portatfon charges propald. AIIityy Items
returned by the B.uyer for reason of Phis own h subs act to a 20% romtklna dhafge. Add Ilona
charges for reworking or replacement of. parts will be assessed where necouary,
12. CREDIT: Sellar reserves she right to require adequate saturity from the Buyer before
con]Inuing work whenever Seller hetieves she Buyer's credit. Is. Gn-the Sellers opinion) fmpahr 11,
A is agreed that to better wcurtt payment at the amquCnf hereon, Setlerihalt llave and teWn- a
security Interest In -all Geode sold to tl+e8uyar• pursuant chis Agreemont..anrl8uyer agrees to
sign Financing Statements and other rmtices to establish the security Interest he by Seger ri
accardancovAh the UnNarm Commerdal tode or such other MAulMMOAtl for the perfection Of
asecurlty inter
In aH such goods. The Buyer hereby agrees that this order may be filed as a
ffnancing inter1nent pursuant to the Uniform Comutwtsal Code.It Is turthef agreed that lJF101
the.antke purchase price has. been paid, the Goads $boll remain "esonal property arid.shaR not
be=*N part of them] estate or a fixture Merton and shall be subject to all stilutory rights
regarding personal property.
13. ASSICMMENt TFIIsApreoment shall be brnding upon and Inure to the benailit of the parties,
thefrsvotessors and asslgra, Ilrovlded that the Buyer may not assign its rights under the Agreement
without prior written consent of the Seller.
pgreemarit camotand shall not
officer, employee or represent
mndrilraflen Mall be In tvHlina r
between
provlsrons
sat
If t1iR A;trttaNraunder, and further, that this
nodiffed in any ¢arUcularwiiatsaavar by any
ar [n any. coop ly unless sash change or
1h peril hefato: This Agraemant shell not be
1 mntraventlanshereto.►ha ppiavtoons of the
aoAs shall be held fr+valfd, such provisions shall
onsof this Aggreensenl. t I5ltereby agreed
would haverboon ontered )AID had suth invalid
17, ENPORCEafimplip IN oven[ the Bayer b.adjudged bankrupt or files a Mkintary asilghmont
for;t+e benefit of uediWn, a re[elVas tsappolnted or it II be[omas necessary for the Seller to
qq�ntsppfvyonattorAay-for the toliectkinoarr amour f ae rrotIndoirbnftfi[teenorcemo17S7fr1
of
their fights Isarobw Btgar aggreus to ply
of the envount due hereon to Sellerfar the NO Selvlcal'Mqukod.
18. WARRANTY: SELLER SHALL HAVE NO LIABILITY TO BUYER OR ANY OTHER PERSON FOR -
OR 1N�EECFLY. LOSS,
NADDAMAGE EQ CYC L WMNSEFTHE GOODSfOR f ANY KIND SAN'! PURPOSE WHEIN TQRNO Y
KNOWN OR OULOSEDTiD SELLER, AND IT IS SPECIFICALLY AGREeQFAND.UNDEAiY00D 714AT
THERE AM NO W ARRANTIES EXPRESS OR IMPLIED, INCLV61NCI IMPLIED W ARRANTEES OF
MERCHANTABILITY AND FITNESS FOR AfARTICULARPURPOSE, MADE BY:SELLER VMN RESPECT
TO THE GOODS EXCEPT AS PROVIDED BY SELLER TO BUYER SPECIFICALLY IN WRITING,
111. REMEDIES: BUYER'S EXCLUSIVE REMEDY AND SELLER'S SOLE LIABILITY HEREUNDER,
WHETHERASTO GOODS DELIVEREDOR.FOR NON-DELIVERY OF GOODS, WHETHER RELATING
mQUANYITY. QUALITY. WEtaW. CONOMON, LOSS OR DAMAGE AND WHETHER OR NOT BATED
ON CCINTRACT, WCA'MENCE, PRODUCT LIA1i1LITY OR.OTHEAVh1Sf. SHALL BE UMITEO JILSELLERS
OPTION, TO A REFUND OF THE PURCHASE PRICE P AID, FOR; OR A ftQ ACEMfNT OF , THE
PARTICULAR DELIVERY: W GOODS SHOWN TO BE OTHER THAN AS W ARRANTM OR, IN THE
CASE OF DEFICIENCY IN.QUANr ", AT SELLER'S OPTION, A REFUND Of THE PURCHASE Mick
PAID FOR, DR A REPLACEMENT OF, THE QUANTITY SHOWN TO BE DEFICIENT, AND FAILURE TO
GIVE WRITTEN NOTla OF SUCH A CLAIM WITHIN TWKr.y (301. DAYS FROK4 DATE OF DELIVERY,
OR THE DATE FIXED FOR DR rER Y ON THE CASE DF NON -DELIVER Y), SHALL C0N5TIYUTE A
WAER By EWYER OF ALL CLAMS IN RESPECT OF SUCH G. SELLER VALIL NON MANY CLAIM UNDER OR ARISING OUT OF OR FOR BREAOFTHIS AGREEMENT BE
LIABLE
ACTION THEREON SHALL BE BROUGHTAGA$NST SELLER WITHIN ONE (l) YEAR FROM THE I7m
OF DELIVERY OR BREACH..NO CHARGE OR EXPENSE INCIDENT TO, ANY CLAIMS WILL BE ALLOWED
UMESS APPROVED BY AN AUTHORl2ED REPRI:SENWTiVEOf THE SELLER, THEREMEDY HEREBY
PROVIDED SHALL BE THE EXCLUSIVE AND SOLE REME=DY OF BUYER. AND IN NO EVENT $HALL
EITHER PARTY BE LIABLE FOR SPECIAL INCIDENTAL, PUNITIVE, INDIRECrOR CONSEQUENTIAL
DAMAGI, WHETHER OR NOT CAUSED BY Ott RESUEING FROM THE NEGLIGENCE Of SUCH RRTY.
20, GOVERNING LAW: f1+e transactFon-wnlampla[ad hereby. and Cho Intorprdtad" And
anT.orwment of this,Coament shall be governed by the 1610"] laws of Qiq Rate olfflras anti.
onfor tement+ acid dol ryoT this A}groemenl shall ba deemed to lstr tfia hansattlon of busfneu
within Texas for the purposasof conferring Juiluktfon upon.courts lecatad within such State,
TiM panus her" consent arse agree that the District Courtof Dollar Counstr nx."at SellerY
option, the United States DistrktCaurt for the'Notshorn D71111ci of Texas. D4Nos Divlslon, shall
havasolaand exciudvo Jurisdiction Co. Near and IWOMhlpe any calms ar dhPutos botwoon Seller
and Boyar pertaining. to this Agreement or to any matte;: arisin alit of or [ationo to this
Agtaement, B+�yar lta►at+y Irrevocably walyes any oh)ectlon thAt uyorrnay nowor hereakaf
have to the laying of venue In such touresr Inctudln without IlmitatlGn a dalm hated upon
IMPFOWYenue Or' ferum,nOrt 00MC1 l[ IM- Nothing In OhAgnocvnent shall be daemed or Operate
to pmdude the enforcement by Seller or Any J mant or order obtained In such forum Or rho
leldpg of any action under 11UsagKAtngnt to enforce salve In any other 0" 0914 forum Of
STs. ARBITRATION: Any cant(oversyor Holm IlMyroart'or among the parties hweto Including
bun not Ilfwled to tease arising out o1 or releting to tWF Agroomanl a+any relatedagreamaatt%
Including any dater basad on or arising from an alfegod tart, MAN he determined by itlnding
afbNratton In accordance wlth.lhe FREW al A'rblua Act *-If applicatil8, applI State
law), the rules ofprottke altd procedure for the etbftral6on of commemiai disputes of IvOklol
Arbitration and Madiallon Services, Inc. {") A+.M.S "ir and.it% "Spedal'A"'setidrtir behswin
the,avent of any Inconsist97 the Special Rules sflalll control. Sudgamaht upon any afblitralfon
owarq msy he entered in an havinfl.lurisdltUan. Any party to this Agreement bringcontroversy
anacllon, lnciuding a wrrammyor expedited Place In taxompgl arlUtratfon of Any
or claim to which this 4teernenT applies In any court tBtaWng lud9dfetion dor such actlCn.
q,��p{ a1 Rima The arbltratiWt shag kis tonductad in the oilyy of Dallas. 1' ettat and
admfnlsterod by s.A.M6.i� who viii apppoim pn arbitrator , i} l.A Mi, Is unable or legally
prettudod Trerrl admlrtrstaring.lho arbttraUan, then tha`AmerteanArblUatson Kssottalian
will serve. All arlllt+anon hearlfhgsw)If ba wmmancod wilhlA 9D days of Cho demand for
artsIt'retion furtfst ► tF+oarbivatpr shall only upaai a shocvin'�y.of"cause be permltterl to exterid
the conmlentornent of wch hearing for up t$ an addltforYaf E9.days.
B. Ra+eZu Unrr eT Il;Wt Nothing In'tIlls Agreement $hall ba doamad to limit the
oppficaWltty of any othatwisIse a Ikobleatatutosvf limitation or repose and any wolve's
contatnod in this• Agroomen% or [unit the right of this SWlor [a) to miardse $alt IMIP ramadfas
w {b) to foraciose against any reel or personal sporty callalwai, or to To. obtain from a
court peovldon&s pr andtiary reenediessoth as. prat 0411had to] Injunctive relict, Writ of
posEossion or the appointment of -a iovelvarSaller may Oroodie such calf help rights, foreclose
tOM he endenccy oratny ar6trutEvn prap[e nggnbrouQht gwshraally ront to tIsiio 6Agrememoni Nelil I�wir
the axw<t* of self help tomadlas nor UtelMAtutiois or MaintaAance of an attton for . .
feroeksstmf at proWsionel or ancllibry romedW 1hoR Cofitdfute a waiver of the fiphtof any
"fly. Indudi 09 the claimant In asly such action, 10 2101-116 the merits of the controvarsyor
claim occasioning resort to such ra ftOCN s.
22. TEXAS DTPA: BUYER HEREBY WAIVES ANY RIGHTS THAT BUYER MAY HAVE UNDER THE
TEXAS DECEPTIVE TRADE PRACTICES ACT AS SET OUT IN THE TEXAS Business & COMMERCE
CODE SECTION 17.4l.et sea. OR ANY SUCCESSOR STATUTE, To THE FULLEST EXTENT THE BUYER
MAY LAWFULLY SO DO.
23, WAjVM1tl Failure of IIw SsW to airforce any al thesateini.s or Coodidafts of to 4I[oreise ai y
14. PATENTSs Sellerdoes notwarrant that the use by the Buyer of Goods sold, orarticles or right accrulltg through the defaultypogfpthe Buyar shill not at loft orunpalr too Sauer s rights,
matartplsntado therefrom atone or In combination with other materlatsrvlll not infringe a patent, anof�e hall r"t conlitituteewaiver+CTGti-iX iulatr ed la�uof the 0W such�allurRon the
1B. DESIGN AND DRAWINGS: All data, drawings, dasfgnf. Ideas, atC. Iurnidwd by feller shall
remain property of Ote,SoIIer . All infotMation portalnhsg to Saller' s .design rand drawings 15
peopiItory, 4aAlklendal And not to be disOaFed. 4WArltinated or used for any purpose except
as provided by Seller.