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HomeMy WebLinkAbout _ 4.5(a)--Ratify Purchase Order PUR000922 of Padmount Distribution Transformers � � �' � � � � � � ' � �' � � ' � ` CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: December 19, 2023 FROM: Nick Zettel, Director of ITEIVI NO. 4.5(a) Redding Electric I7tility ***APPROVED BY*** � ��. ; � _ � v �� ��„ ���� �1c ct c, yrectc� �ii' e in� tri�ttt32ity t2,'t�;?t�2� �_ �p�tt�,C�i ��t t� 1��'1'��'2{}?: nzettel@cityofredding.org btippin@cityofredding.org SUBJECT: 4.5(a)--Ratify Purchase Order PUR000922 of Padmount Distribution Transformers Recommendation Approve and ratify the City Manager's approval of purchase order PUR000922 for Padmount Distribution Transformers to Emerald Transformer, in the amount of$206,121.09, for the City of Redding Electric Utility. Fiscal Impact Transformer purchases are included in the General System Improvements Fiscal Year 2023-25 Biennial Budget and the Aging Infrastructure Replacement Project for Electric Utility Line Construction Services. In the five-year plan presented to the City Council (Couneil), City of Redding Electric Utility (REU) anticipated these projects may be bond-funded. If capital expenses related to these efforts are projected to exceed the approved budget, staff will return with additional recommendations related to budgetary adjustments and financing options. Alternative Action The Council could choose not to authorize the proposed actions and provide alternative directions to staff regarding the procurement of transformers. Background/Analysis REU staff have been managing procurement options of distribution transformers during an ongoing nationwide supply chain shartage. Staff efforts to secure transformers through the conventional bidding process have been met with two- to three-year lead times, significantly delaying our ability to address the current shortage. Additionally, the City of Redding (City) is experiencing increased development and electrie vehiele charger installation requests, further straining the current inventory of distribution transformers. Part of the current strategy for diversifying the supply chain of transformers is to spot-order refurbished transformers. Staff defines refurbished transformers as any transformer manufactured before the date it was offered to the City. Report to Redding City Council December 12,2023 Re: 4S(a)--Ratify Purchase Order PUR000922 of Padmount Distribution Transformers Page 2 Infrequently, General Electric offers surplus transfonners to Emerald Transformer for third-party resale, which meets REU's definition of a refurbished transformer. On November 29, 2023, purchase order PUR000922 was issued to Emerald Transformer as approved by the City Manager. This wi11 a11ow REU to meet transformer sourcing requirements for existing customer work orders while finalizing other transformer-sourcing initiatives. The two 1000kVA transformers and one SOOkVA transformer included in this purchase order were manufactured by General Electric but have not been put into service. Environmental Analysis This action does not fall under the scope of the California Environmental Quality Act, and no further environmental assessment is required. Council Pr�ioNity/City Manage� Goals • Government of the 21st Century — `Be relevant and proactive to the opportunities and challenges of today's residents and workforce. Anticipate the future to make better decisions today." Attachments PUR000922 � I = Y O F - Purchase Order PUR000922 ; REQDINC � C A L I F O R N I;,A" Email:�����r�t�����b1����� �fr�ddir� .c�r� Contact#: (530) 225-4079 �,�''{�t,�,{�,�.t,=,f�;{������,{.,{����{l�i,�;, � � `'i. PUR000922 t;i{��?r{s3ty�tf{k?�<i1f};',�}ft�,���} .r.,!, if t71fr:'t x�7tv �`�`#���t�''jt'!�£r,4`r'�`Y;,{t}`'���lz'{`t},��.`�r,��,�£#$ ' ,�l ,, ,�;� 29-NOV-2023 i�;'�}!��}{��)�tf{�}{'tfi(�§s#i�$;i�ty>�.,.�.� � ��I, �F!��� ,f;<�N}3 Q �{��'�ti�i2t kE�}t�£ {ttjt7t� s t} 1 {; l�� t�$ i�'�4f�{�t��iit'f'�i,f�"{r;iti�jr;t7J�!����f����f�'j,{'t#`,�? 29-NOV-2023 tr7at,iy �,Sllr,f,>�r1�islS�tt{��l.t�,,}�'}�ii{rSL�x��It�t<?t,t,,, ���t }l�S�F�}�if`y�4,t„ rtti ttlitsi},frA{ltJ;rrs ' � $� Q t�.� �37#tsv4, �?�tf,st, <�� { Ri�r� JF�J t rj��{t� t�ts�t1��3 4`�i� t � t s � ����'� ��'i, ��' ����r..f,,{:.z� ��; �:�� 206,'121.09 USD USD= US Dollar Sold To City of Redding Supplier Emerald Transformer Los Angeles, LLC 777 Cypress Ave 5756 Alba Street Redding, CA 96001 Vernon,CA 90058 Bill To City of Redding Ship To EleCtriC Utility- Building 2 777 Cypress Ave 20055 Viking Way Redding, CA 9600'I Redding,CA 96003 Notes Per quote number 00003850 dated November 9,2023 by Hakim Hussein. City of Redding Engineering contact:Wyatt Hopwood;whopwood@cityofredding.org; (530)339-7313 Delivery contact: Scott Cox;scox@cityofredding.org; (530)224-4329 "*24-hour advance notice required prior to delivery**" Please submit invoices to accountspayable@cityofredding.org for prompt payment. S ���� � ,,a .�Q �, �rrrr w,��� '�� , ,,,. . �d�+� .. ,, �� ��t ���...,.� �� ��,.����� � , 10089 Net 30 Michelle Kempley Natasha Rose Phone 1-530-225-4137 E-mail: nrose@cityofredding.org �,i�� lt�rta. ;�P�ic�*�` ��ua�t��t}�: [JC}�� �: (3rd�d�"Tax�bl��-� 1 Three Phase Padmount 500 KVA 50,937.50 Each Transformer 1 Each 50,937.50 Requested 1 � I = Y O F - Purchase Order PUR000922 ; REQDINC � C A L I F O R N I;,A" �9�i��-1��r� ������� ����F�r`�� � � t�t���t��}r� � � ��tJC���. � �rd��r�d��'f"��ab� 12/03/2023 , �in�T���� ;; 50,937.50 2 Three Phase Padmount 1000 70,625.00 Each KVA Transformers 2 Each 141,250.00 Requested 12/03/2023 Lirre�iital. 141,250.00 3 Sales Tax 13,933.59 Lump sum Ship To 1 Lump sum 13,933.59 20055 Viking Way Redding, CA 96003Shasta Requested UNITED STATES L�ne�`���� 13,933.59 206,121.09 Proprietary and Confidential 2 � I = Y O F - Purchase Order PUR000922 ; REQDINC � C A L I F O R N I;,A" City of Redding, CA: Purchase Order Terms and Conditions 1. GENERAL: If the goods and/or services ordered herein are as a result of either a formal Request for Quotation, Request for Proposal or Notice Inviting Bids then the Terms and Conditions set forth in this document are considered to be in addition to the requirements and specifications stated in the RFQ, RFP or NIB. To the extent that one set of Terms and Conditions may contradict the other, the requirements of the RFQ, RFP or NIB shall supercede the Terms and Conditions shown below. it is understood that all materials and/or services provided by Supplier/Contractor/Consultant (Supplier)shall conform to the applicable requirements of City Ordinances, and all applicable State and Federal Laws. 2. DE�IVERY: Supplier shall deliver the items and/or services stated herein free from any and all claims, debts, or demands whatsoever. Deliveries shall be made as set forth in this order and any additional Specifications incorporated. Delivery is defined as complete delivery in good order, at place designated in the Specifications/Purchase Order. 3. MISCELLANEOUS CHARGES: No charges for transportation, containers, packing, etc. will be allowed unless so specified in this order. 4. FREIGHT CHARGES: All shipments are F.O.B. - Destination, Supplier pays charges, unless specified otherwise in the body of this order. If City has agreed to pay freight it shall be prepaid and added to the invoice. in that case a copy of the paid express or freight bill must be attached to the invoice. 5. INDEMNITY: Supplier hereby agrees to protect, defend, indemnify and hold harmless, City, its officers, elected and appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgements, demands, penalties, fines, defense costs, and consequential damage or liability of any kind or nature, however caused, arising directly or indirectly out of the obligations or operations herein undertaken by Supplier, caused in whole or in part by any act or omission of the Supplier, any subcontractors, any directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence or willful misconduct of the City. Supplier will conduct all defense at its sole cost and expense and the City shall have the right to approve or disapprove Supplier's legal counsel. City shall be reimbursed for all costs and attorneys'fees incurred by the City in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of the indemnification to be provided by Contractor. 6. PATENT RIGHTS: Any equipment or service to be furnished hereunder shall not, either in construction, manufacture, use, sale or other particular, infringe any letters patent, copyright or registered trademark heretofore granted, and the Supplier shall defend and pay the entire cost of defending any claim or suit whenever or wherever made or brought against the City based upon an infringement or alleged infringement of such letters patent, copyright or registered trademark and shall indemnify and save harmless the City from and against any and all liability, damage, loss or injury adjudged or sustained in any such claim or suit. 7. NONDISCRIMINATION C�AUSE: Except as provided in Section 12940 et seq. of the Government Code, Supplier shall not discriminate against any person because of his/her race, religious creed, color, national origin, ancestry, physical disability, mental disability, marital status, mental condition, or gender, nor refuse to hire or employ a person or to refuse to select the person for a training program leading to employment or to bar or discharge the person from employment, or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions or privileges of employment. The Supplier shall insert in all subcontracts for any work covered by this P. O. this nondiscrimination provision. 8. EXCISE TAX: If federal excise tax is applicable to the transaction, it must be clearly stated so and excluded from the price of the article. The City of Redding, as a government agency, is exempt from the payment of said tax and will issue an exemption certificate. 9. SALES AND USE TAXES: Sales and/or use tax must be shown on the invoice as a separate item. 10. DEFAULT BY SUPP�IER: In case of default by Supplier, the City reserves the right to procure the goods or services from other sources and to hold the Supplier responsible for any excess costs occasioned to the City thereby. Supplier must notify the City immediately upon knowing that non-performance or delay will apply to this order whether as a result of Force Majeure or not. Upon agreement by the City that Force Majeure is applicable, Supplier shall not be held accountable for the delays directly related to the Force Majeure condition. When delay is ascertained Supplier is to submit in writing a Recovery Plan for this order. If the Recovery Plan is not acceptable to the City or not received within 10 calendar days of the necessary notification of delay or Force Majeure default, the City may cancel this order in its entirety at no cost to the City, owing only for goods and services completed to that point. City shall not be liable for lost profits, implied or express damages or consequential damages. Proprietary and Confidential 3 � I = Y O F - Purchase Order PUR000922 ; REQDINC � C A L I F O R N I;,A" 11. INSPECTION AND ACCEPTANCE: Inspection and acceptance shall be at destination, unless otherwise provided. Until delivery and acceptance, and after any rejections, risk of loss shall be on the Supplier unless loss results from the negligence of the City of Redding. Notwithstanding the requirement for any inspection and test contained in specifications applicable to this contract, except where specialized inspection or tests are specified solely for the City, the Supplier shall perform or have performed the inspection and tests required to substantiate that the supplies and services provided under the contract conform to the drawings, specifications, and contract requirements incorporated herein, including if applicable the technical specifications for the manufacturers' part numbers or products specified herein. 12. PAYMENTS: Payment terms are Net 30 unless otherwise agreed to by both parties. All Cash Discounts shall be taken and computed from the date of delivery or completion and acceptance of the material, or from the date of receipt of invoice, whichever is latest. Each payment obligation of the City is conditioned upon the availability of state or local government funds which are apportioned or allocated for the payment of such an obligation. If the funds are not allocated and available for the continuance of the function performed by the Supplier, the product or service directly or indirectly involved in the performance of that function may be terminated by the City at the end of the period for which funds are available. No payment will be made until the order has been delivered and accepted. 13. INVOICES: Invoices shall contain the following information: Supplier's Federal Tax I.D. number, purchase order number, invoice number and date, item number, description of supplies/services, quantities and units of ineasure, unit prices and extended totals. Bill of Lading number and weight of shipment will be shown for shipments on Government Bills of Lading. 14.WARRANTY: The Supplier agrees that the supplies/services furnished under this contract shall be covered by the most favorable commercial warranties the Supplier gives to any customer for such supplies/services, and that the rights and remedies provided herein are in addition to, and do not limit any rights afforded to the City by, any other clause of a contract awarded hereunder. 15.ASSIGNMENT OF CLAIMS: Claims for monies due or to become due under this contract shall be assigned only pursuant to prior written consent of the City Purchasing Officer or designated representative. 16. CONTRACT TERMINATION: The City may, by giving ten (10) calendar days written notice to the Supplier, terminate this contract prior to the designated completion date for due cause. Due cause for termination shall be, but not limited to, the best interests of the City, failure of the product to meet specifications, and/or for reasons of unsatisfactory service. The City may, upon giving thirty (30)calendar days written notice to Supplier, terminate the contract without cause. 17. GOVERNING �AW: Any action filed regarding the award of the Quote/Bid/Proposal or Purchase Order must be filed with the Superior Court of the County of Shasta, California. Any subsequent agreement shall be deemed to have been entered into in Redding, California; all questions of the validity, interpretation or performance of any of its terms or of any rights or obligations of the parties to the agreement shall be governed by California law; and any action brought by either party to enforce any of the terms of the agreement shall be filed with the Superior Court of the County of Shasta, California. 18.ATTORNEYS' FEES AND COSTS: In any action by a party to enforce its rights hereunder, the nonprevailing party shall pay the prevailing party's legal costs and expenses (including reasonable attorneys'fees). 19. CHANGE ORDERS: The City reserves the right at any time to make written changes within the general scope of the contract. If any such changes cause an increase or decrease in the cost of, or in the time required for the performance of the contract, an equitable adjustment shall be made in the contract price, delivery schedule, or both. Any claim by Supplier for adjustment in this cause must be approved by the City's authorized representative(s) in writing (formal change order, amendment, or revision) before Supplier proceeds with such change Proprietary and Confidential 4