Resolution No. 79196
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RESOLUTION NO.-7919
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN EQUIPMENT PURCHASE CONTRACT BY AND BETWEEN THE
CITY OF VERNON AND DELTA STAR, INC. REGARDING THE
MALBURG GENERATING STATION PROJECT
WHEREAS, on July 18, 2001, the City Council of the City of
Vernon adopted Resolution No. 7808 approving a contract with Delta
Star, Inc. ("Delta Star") pursuant to its proposal for two (2) step-up
transformers for the Malburg Generating Station Project (the
"Project"); and
WHEREAS, Delta Star's proposal also contained a quote for two
(2) three-phase step-up transformers (the "three-phase transformers"),
which the City determined would be purchased at a later date; and
WHEREAS, the Utilities Department of the City of Vernon has
requested that the City purchase the three-phase transformers for the
Project, one to be utilized to support the steam turbine generator and
one to be used as an emergency spare by either the combustion or steam
turbine generators; and
WHEREAS, staff have determined that Delta Star can provide
the three-phase transformers for the same price previously quoted in
its proposal submitted last year; and
WHEREAS, the Utilities Department has determined that the
expedited purchase of the three-phase transformers for the Project from
Delta Star, the previous supplier, will maintain compatibility among
the transformers, assist Vernon in meeting its short and long term
electricity goals and is in the public interest; and
WHEREAS, on February 25, 2002, the Finance Committee
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recommended that the City Council approve the recommendation of Bruce
V. Malkenhorst, the Director of Finance, dated February 21, 2002, that
the three-phase transformers be purchased from Delta Star and that an
equipment purchase contract be approved and executed; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into a contract with Delta Star for the purchase of
the three-phase transformers for the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Equipment Purchase Contract with Delta Star, a copy of
which is attached hereto as Exhibit "A" and made a part hereof.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Contract for,
and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send one fully executed
Contract to:
Delta Star, Inc.
Attn. Liz Finch, Contract Administrator
270 Industrial Road
San Carlos, CA 94070-2602
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SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 27th day of February, 2002.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
EONIS C. MALftTRG, Ma or
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES }
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7919, was duly adopted by the City Council of the City of Vernon at an
adjourned regular meeting of the City Council duly held on Wednesday,
February 27, 2002, and thereafter was duly signed by the Mayor of the
City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
AV
1 EQUIPMENT PURCHASE CONTRACT
2
3 THIS AGREEMENT is made, entered into and executed in
4 duplicate originals, either copy of which may be considered and used as
5 the original hereof for all purposes, as of this day of February
6 2002, in the City of Vernon, County of Los Angeles, California
7 BY AND BETWEEN THE CITY OF VERNON (hereinafter
referred to as the "City")
8 4305 Santa Fe Avenue
9 Vernon, CA 90058
AND DELTA STAR, INC.
10 (hereinafter referred to as
"Delta Star")
11 270 Industria-1 Road
12 San Carlos, CA 94070-2602
13 RECITALS
14 WHEREAS, the City's Utilities Department has determined that
15 the City is need of certain equipment as part of its endeavor to
16 increase the City's electric generation capacity; and
17 WHEREAS, Delta Star has advised the City that it can provide
18 the equipment required by the City; and
19 WHEREAS, the City desires to enter into an agreement with
20 Delta Star to provide for the purchase of two (2) generator step-up
21 power transformers for the Malburg Generating Station Project; and
22 WHEREAS, Delta Star represents that it is qualified and
23 capable of providing the type of equipment the City requires and is
24 willing to do so on the terms and conditions set forth below.
25 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
26 FORTH HEREIN:
27 1. Purchase.
28 Delta Star agrees to sell and deliver two (2) generator step-
1 up power transformers as set forth and described in detail in the
2 Proposal, a copy of which is attached hereto as Exhibit "A" and
3 incorporated herein by reference.
4 2. Time of Performance.
5 Delta Star's performance as identified herein shall commence
6 upon the signing of this Agreement and shall be completed by Delta
7 Star, unless terminated or extended.
8 3. Price.
9 Delta Star agrees to sell and deliver two (2) generator step-
10 up power transformers described in its Proposal for the amount of Four
11 Hundred Fourteen Thousand Four Hundred Sixty Dollars and No Cents
12 ($414,460.00) per unit for the total sum of Eight Hundred Twenty -Eight
13 Thousand Nine Hundred Twenty Dollars and No Cents ($828,920.00),
14 excluding tax.
15 4. Payment Terms.
16 The City agrees to pay Delta Star progress payments as
17 follows: after delivery of the equipment and acceptance by the City,
18 Delta Star shall invoice the City. The City agrees to pay Delta Star
19 for the full amount of the equipment within thirty (30) days after the
20 City's testing and acceptance of the equipment and the City's receipt
21 of an invoice from Delta Star.
22 5. Change and Extra Services.
23 The City reserves the right to request changes in the
24 equipment design, delivery dates, or additions to or deletions from the
25 equipment purchased from Delta Star. All such changes shall be
26 incorporated in written change orders executed by the City and Delta
27 Star that shall specify the changes ordered and the adjustment of
28 prices, delivery schedules and warranties. Any equipment or services
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1 added to this Agreement, under this section, shall be executed under
2 all applicable conditions of this Agreement. No claim for additional
3 compensation or extension of time shall be recognized unless contained
4 in a duly executed change order.
5 6. Cancellation/Default.
6 A. This Agreement may be terminated by the City for its
7 convenience upon fifteen (15) days prior written notice and upon
8 payment of reasonable and proper termination charges, including, but
9 not limited to, all costs incurred or committed prior to the effective
10 date of notice of termination and all charges incurred by Delta Star in
11 connection with the termination, plus reasonable overhead and profit.
12 B. In the event that Delta Star commits a breach of a
13 material condition of this Agreement, the City shall notify Delta Star
14 in writing of said breach and if Delta Star has not cured or begun
15 reasonable efforts to cure after fifteen (15) days of receipt of said
16 notice, and fails to diligently pursue corrective action, then the City
17 shall have the right to cancel this Agreement. Delta Star shall be
18 responsible for any direct costs due to the City's re -procurement of
19 the equivalent of the equipment or services cancelled from Delta Star.
20 7. Confidential Information.
21 A. Access to Confidential Information. The City may
22 provide Delta Star with, or allow Delta Star access to, certain
23 information not available to the public concerning, but not limited to
24 the City, or businesses located in the City. The information may
25 include, but is not limited to, company information, taxes, sales,
26 value of assets, utility usage, or other such information. All such
27 information shall be known as "Confidential Information" and may not be
28 used to circumvent the responsibility of either party to this
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Agreement.
0
No Disclosure. Except as expressly permitted, Delta
Star shall not disclose, permit the disclosure of, release,
disseminate, or transfer, whether orally or by any other means, any
part of such Confidential Information to any other person or entity,
whether corporate, governmental, or individual, without the express
prior written consent of an authorized representative of the City.
Delta Star shall return any written Confidential Information, and all
copies made of such items, to the City upon the City's written request,
but in any event not later than the date that Delta Star has performed
all services to be performed pursuant to this Agreement. Delta Star
hereby agrees that such Confidential Information and any documents
provided may be used by Delta Star only as authorized by the City.
Delta Star shall take reasonable measures to avoid any disclosure of
any such Confidential Information to any unauthorized person.
C. Court Ordered Disclosure. Delta Star shall immediately
notify the City of any court order or subpoena requiring disclosure of
Confidential Information, and shall cooperate with legal counsel in the
appeal or challenge of any such order or subpoena. Recipient may only
disclose Confidential Information required to be disclosed pursuant to
court order or subpoena after legal counsel has exhausted any lawful
and timely appeal or challenge.
D. Remedies. In addition to any other remedies that it may
have at law or in equity, the City shall be entitled to a temporary and
permanent injunction by a court of competent jurisdiction against any
breach or threatened breach of the Confidential Information provisions
of this Agreement. Delta Star acknowledges that in of such breach
or threatened breach of said provisions, the City would have no
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1 adequate remedy at law.
2 8. Warranties.
3 Delta Star warrants title to the equipment purchased
4 hereunder and any part thereof to be free of any claim of any security
5 interest, lien or any encumbrance. Delta Star also warrants that the
6 equipment will be delivered new and shall be free from defects in
7 material and workmanship for the warranty period of twelve months from
8 operation. All manufacturers' warranties, any warranties typically
9 provided by Delta Star, and any other warranties made applicable by law
10 shall apply to the parts and labor provided by Delta Star.
11 9. Compliance with Laws.
12 Delta Star shall strictly observe and comply with all
13 applicable federal, state, and local laws, ordinances and regulations
14 governing this sale, including but not limited to any permit or license
15 requirements of the United States Department of Commerce, as well as
16 any laws of the United States of America.
17 10. Governing Law.
18 The validity, interpretation and performance of this
19 Agreement shall be controlled and construed under the laws of the State
20 of California as enacted and in force at the time this Agreement is
21 fully executed.
22 11. Forum Selection.
23 Any action brought relating to this Agreement shall be
24 brought and held exclusively in a State Court in the County of Los
25 Angeles, California.
26 12. Notices.
27 Notices to the parties, unless otherwise requested in
28 writing, shall be sent to:
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City:
Delta Star:
THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
DELTA STAR, INC.
ATTN: LIZ FINCH, CONTRACT ADMINISTRATOR
270 INDUSTRIAL ROAD
SAN CARLOS, CA 94070-2602
13. General Provisions.
A. Independent Contractor.
At all times during the term of this Agreement, Delta Star
shall be an independent contractor and shall not be an employee of the
City. The City shall have the right to control Delta Star only insofar
as the results of Delta Star services rendered pursuant to this
Agreement; however, the City shall not have the right to control the
means by which Delta Star accomplishes services rendered pursuant to
the Agreement except to the extent that such services involve the use
of City property or Confidential Information.
B. Delta Star Not Agent.
Except as the City may specify in writing, Delta Star shall
have no authority, express or implied, to act on behalf of the City in
any capacity whatsoever as an agent. Delta Star shall have no
authority, express or implied, pursuant to this Agreement to bind the
City to any obligation whatsoever.
C. Indemnification.
Delta Star shall indemnify, defend, protect and hold the City'',
and its officers, agents and employees, free and harmless from and
against any and all claims, demands, losses, damages, liabilities,
fines, charges, penalties, orders, judgments and all costs and expenses
incurred in connection therewith, including reasonable attorney's fees
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1 and costs of defense arising out of the services performed under this
2 Agreement, except to the extent arising from or caused by the sole
3 negligence or willful misconduct of the City, its officers, agents or
4 employees.
5 D. Comprehensive General and Automobile Insurance.
6 Delta Star agrees to provide insurance in the amounts and
7 forms specified in Exhibit "B," which is attached hereto and made a
8 part hereof by reference. Comparable coverage shall be provided for
9 each subcontractor used in the performance of this Agreement. Delta
10 Star shall submit to the City documentation indicating compliance with
11 these minimum requirements no less than one (1) day prior to the
12 beginning of performance under this Agreement. Delta Star shall not
13 commence performance of its services under this Agreement until the
14 above insurance has been obtained and proof of insurance has been filed
15 with and approved by the City.
16 E. Assignment and Subcontracting Prohibited.
17 No party to this Agreement may assign or subcontract any
18 right or obligation pursuant to this Agreement without the express
19 written consent of the other party. Any other attempted or purported
20 assignment -of any right or obligation pursuant to this Agreement shall
21 be void and of no effect.
22 F. Entire Agreement.
23 This Agreement constitutes the complete and final expression
24 of the agreement of the parties and is intended as a complete and
25 exclusive statement of the terms of their agreements and supersedes all
26 prior and contemporaneous offers, promises, representations,
27 negotiations, discussions, communications and agreements which may have
28 been made in connection with the subject matter hereof. All exhibits
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1 are incorporated by reference. Delta Star represents that in entering
2 into this Agreement, it has not relied on any previous representations
3 or understandings of any kind or nature. It is understood and agreed
4 that in the event of a conflict between the Proposal and this
5 Agreement, the terms of this Agreement shall prevail.
6 G. Partial Invalidity.
7 Wherever possible, each provision hereof will be interpreted
8 in such manner as to be effective and valid under applicable law, but
9 in case any one or more of the provisions contained herein will, for
10 any reason, be held to be invalid, illegal or unenforceable in any
11 respect, such provision will be ineffective to the extent, but only to
12 the extent, of such invalidity, illegality or unenforceability without
13 invalidating the remainder of such invalid, illegal or unenforceable
14 provision or provisions or any other provision hereof, unless such a
15 construction would be unreasonable or contrary to the intent of the
16 parties as expressed in this Agreement.
17 H. Time of the Essence.
18 Time is of the essence in the performance of this Agreement
19 and of each and every provision hereof. The waiver by the City of any
20 breach or breaches hereof shall not be deemed, nor shall the same
21 constitute, a waiver of any subsequent breach or breaches.
22 I. Risk of Loss.
23 Title and risk of loss or damage shall pass to the City and
24 delivery shall be deemed to be complete upon delivery FOB jobsite or
25 upon moving into storage at the City's request, whichever occurs first.
26 J. Attorneys' Fees.
27 In the event that it becomes necessary for either party to
28 this Agreement to enforce any of the provisions of this Agreement, the
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1 parties agree that a court of competent jurisdiction may determine and
2 fix reasonable attorney's fees to be paid to the successful litigant.
3 K. Benefit of Agreement.
4 This Agreement shall bind and benefit the parties hereto and
5 their heirs, successors, and permitted assigns.
6 L. Force Majeure.
7 Neither party shall be considered to be in default in any of
8 its obligations under this Agreement when a failure of performance
9 shall be due to an uncontrollable force. The terms "uncontrollable
10 force" shall mean any cause beyond the control of the party affected,
11 including, but not restricted to, flood, earthquake, storm, fire,
12 lightening, epidemic, war, riot, civil disturbance or disobedience,
13 labor dispute, labor material shortage, sabotage, federal, state, or
14 municipal action, statute, ordinance, or regulation, embargoes or the
15 United States Government or any other government, which by exercise of
16 due diligence such party could not reasonably have been expected to
17 avoid and by exercise to due diligence has been unable to overcome.
18 Either party rendered unable to fulfill any of its obligations under
19 this Agreement by reason of an uncontrollable force, shall give written
20 notice within five (5) business days of such fact to the other party
21 and shall exercise due diligence to remove such inability with all
22 reasonable dispatch.
23 M. Waiver.
24 Any waiver at any time by either party of its rights with
25 respect to a default under this Agreement, or with respect to any other
26 matters arising in connection with this Agreement, shall not be deemed
27 a waiver with respect to subsequent default or other matter.
28
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FEB-25 2002.MON 02:52 PH OLIVO & PLASCENCIA FAN N0, 562 869 1883 P. 13/35
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N. Amendment.
All changes or modifications to this Agreement shall be in a
writing ;stating that it is an amendment to this Agreement and shall be
signed by both parties or their duly authorized agents. This Agreement
sluill not he modified through course of dealing, usage or trade.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed by and through their authorized officers on the date, month
and year first written above.
I A'17EST:
BRC7C , V . MALKFNMORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
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CITY OF VERNON
By:
LEONIS C. MALBURG, Mayor
DELTA STAR, INC.
By:
Tit c: /11�John Balsley, President
BY:
Title:Luice Yang, Asst. Corp. Secty
DELTA STAR, INC.
P.O. BOX 10429 3550 MAYFLOWER DRIVE, LYNCHBURG, VIRGINIA 24506-0429
TELEPHONE (804) 845-0921 - FAX (804) 845-7089
SECRETARY'S CERTIFICATE
DELTA STAR. INC.
I, Ivan H. Tepper, Secretary of Delta Star, Inc., a Delaware corporation, do hereby certify
that a meeting of the Board of Directors held on July 16, 2001 at which a quorum of the Directors
was present and participated throughout the meeting, the following resolution was adopted
unanimously, has not been rescinded or modified, and is in full force and effect:
Resolved that John C. Balsley as President, and John Zinent and Chris Pany and Ivan H.
Tepper, as Vice Presidents, are as officers of the Corporation authorized, empowered, and
directed in the name and on behalf of the Corporation and under its Corporate Seal where
required, to take such action, execute such documents, and do such other acts and things as they
may determine to be necessary or convenient for the Corporation to engage in business; and,
RESOLVED FURTHER, that Randy Baldwin and Luice Yang are hereby appointed as
Assistant Corporate Secretaries, and are hereby authorized, empowered, and directed, on behalf
of the Corporation, to affix its Corporate Seal where required.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the seal of the
Corporation this 16'b day of July 2001.
Ivan H. Tepper
Secretary
EXHIBIT
QUOTATION
DELTA STAR, INC.
270 Industrial Road, San Carlos, California 94070-2602
Phone: 650/508-2850 * 800/892-8673 • FAX: 650/593-0733
To Your Inquiry No. GSU-TR-1-2002
CITY OF VERNON Quotation No. 02-5291
C/O: RAY HARLOW Date: January 31, 2002
YOUNG & COMPANY
Your Ref.: MALBURG GENERATING STATION
We are pleased to quote as follows:
Item #
Qty.
Description
Unit Price
1.
2
37.5/50/62.5//70 MVA THREE PHASE OIL FILLED
$414,460
GENERATOR STEP-UP POWER TRANSFORMER,
13,200 VOLT PRIMARY, 110 KV BIL,
69,000GRDY/39,800 VOLT SECONDARY, 350 KV BIL,
55/650C RISE, OA/FA/FA CLASS, 60 HERTZ,
HIGH VOLTAGE TAPS 67.5, 66, 64.5, 63 F.C.,
DELTAIR NITROGREN OIL PRESERVATION SYSTEM,
HV SURGE ARRESTERS.
PRICE ADDER FOR RECOMMENDED SPARE PARTS:
(1) HV BUSHING $1,604
(1) LV BUSHING $2,878
(1) SPARE GASKET SET $ 350
PRICES ARE FIRM FOR SHIPMENT QUOTED AND DO NOT
INCLUDE TAXES.
PRICES ARE VALID FOR 30 DAYS FROM THE DATE OF
ISSUANCE SHOWN HEREON.
COPY: YOUNG & COMPANY
Payment terms are net 30 days unless otherwise agreed. Tentative Shipment: January 2003
AS REQUIRED
ANY PURCHASE ORDER PURSUANT TO THIS F.O.B. DESTINATION/FREIGHT ALLOWED
QUOTATION SHALL NOT RESULT IN A CONTRACT INC.
UNTIL IT IS ACCEPTED AND ACKNOWLEDGED BY DELTA STAR,
SELLER AT SELLER'S PLANT.
By: 2-- C
LIZ FINCH
CONTRACT ADMINISTRATOR
Item#
Qty.
Description
Unit Price
A SHORT CIRCUIT TEST IS NOT REQUIRED BY DELTA
STAR. IF A SHORT CIRCUIT TEST IS REQUIRED BY THE
CUSTOMER, THE PRICE ADDER WOULD BE $130,000 AND
DELIVERY WOULD BE DELAYED ACCORDING TO
PENNSYLVANIA TESTING FACILITY'S SCHEDULE.
TRANSFORMER WILL BE SHIPPED VIA TRUCK, LESS OIL,
BUSHINGS, ARRESTERS, RADIATORS AND FANS.
OIL WILL BE SHIPPED BY TANKER TRUCK.
PRICE INCLUDES FIELD SERVICE TO SUPERVISE THE
ASSEMBLY OF THE TRANSFORMER.
PRICE DOES NOT INCLUDE UNLOADING, INSTALLATION ON
PAD, OIL FILLING OR FIELD TESTING.
ADDITIONAL FIELD SERVICE IS AVAILABLE AT $1,250
PER DAY PLUS EXPENSES.
DRAWINGS FOR APPROVAL WILL BE SUBMITTED 12-16
WEEKS PRIOR TO SCHEDULED UNIT SHIPMENT.
INSTRUCTION BOOKS AT TIME OF UNIT SHIPMENT.
WARRANTY WILL BE IN ACCORDANCE WITH OUR STANDARD
FIVE YEAR WARRANTY.
CONSTRUCTION DETAILS:
THE TRANSFORMER IS A CORE FORM CONFIGURATION WITH
CIRCULAR WINDING DESIGN AND A STEPLAP CRUCIFORM
CORE. THE WINDINGS WILL BE DISC OR HELICAL WOUND
WITH THERMALLY UPGRADED PAPER INSULATED COPPER
CONDUCTOR.
Continuation of Quotation No.: 0 2 - 5 2 91
Item #
Qty.
Description
Unit Price
THIS PROPOSAL IS IN ACCORDANCE WITH THE CITY OF
VERNON SPECIFICATION WITH THE FOLLOWING
CLARIFICATIONS:
PAGE 6, PARA. 5.9.2:
DELTA STAR, INC. IS QUOTING TWO TAP CHANGERS NOT
GANG OPERATED. SAFETY NAMEPLATE WILL BE MOUNTED
NEXT TO TAP CHANGERS.
PAGE 19, PAP -A. 5 . 16 . 1 . e :
DELTA STAR, INC. IS QUOTING OIL PER AST D3487,
WITH WATER CONTENT 25 PPM MAXIMUM PER ASTM D1533.
PAGE 18, PAP -A. 5 . 17 . 8 :
DELTA STAR, INC. IS QUOTING 3 HV POLYMER HOUSED
STATION TYPE LIGHTNING ARRESTERS OHIO BRASS
PVN31042 FOR 42 KV MCOV.
PAGE 21, PARA, 10.2e
DELTA STAR, INC. CAN PROVIDE ONLY SEISMIC ANALYSIS
CALCULATION WITH AN ADDITIONAL COST OF $3,500 PER
TRANSFORMER DESIGN.
PAGE 27, PARA. 17 . 1 . 1 :
BUSHING DRAWINGS:
HV LINE A.BB 069WO412AN
HV NEUTRAL ABB 025WO412AT
ITEM 1 LV LAPP B-88733
ITEM 2 LV LAPP B-88742
PAGE 2.7, PARA. 17.1.2:
OUTLINE DRAWING WITH REQUIRED INFORMATION WILL BE
PROVIDED AT TIME OF DESIGN.
PAGE 17, PARA, 17.2.3:
ZERO SEQUENCE IMPEDANCE APPROXIMATELY 6.5% AT 650C
OA RATING.
PAGE 17, PARA. 17 . 2 . 14 :
OIL PRESERVATION WITH DELTAIR SYSTEM TO PROVIDE A
POSITIVE PRESSURE NITROGEN BLANKET.
PAGE 17, PARA, 17.2.15:
RADIATORS ARE REMOVABLE.
PAGE 17, PARA, 17 . 2 . 16 :
TRANSFORMERS WILL BE SHIPPED AIR FILLED.
Continuation of Quotation No.: 0 2 - 5 2 91
Pane ..1
Item #
Qty.
Description
Unit Price
PAGE 17,PA A. 17.2.17:
LAPP BUSHINGS B-88733 & B-88742 HAVE HOT -SPOT
TEMPERATURE OF 1040C AND AVERAGE RISE OF 64°C.
ABB BUSHING TEMPERATURE REPORT ATTACHED.
PLEASE VISIT OUR WEB SITE AT:
www.deltastar.com/showroom
DELTA STAR TRANSFORMERS ARE MANUFACTURED IN THE U.S.A.
Continuation of Quotation No.: 02 - 52 91
Pang A
DELTA STAR, INC.
INV
STANDARD TRANSFORMER WARRANTY
FIVE YEAR LIMITED WARRANTY
Delta Star, Inc. warrants to the purchaser that the transformer, together with all parts
included in the original purchase, is free of defects in workmanship and materials.
This warranty extends to all parts manufactured by the seller, Delta Star, Inc., for
60 months after shipment from the factory. All other component parts are warranted
for one year, or for the period covered by the original equipment manufacturer's
warranty, whichever is longer. This warranty covers any defects and malfunction of
the transformer except that which may occur because of vandalism, improper
installation, handling, operation, or for any cause other than defects in workmanship
and materials. The method and extent of repairs to be made rests solely with Delta
Star.
During the warranty period transportation costs are included. This warranty does not
cover the cost of removal from the site and reinstallation after repair, and costs
resulting from the moving of structures.or associated equipment are excluded.
The seller, Delta Star, Inc., shall not be liable for special, indirect, or consequential
damages, and this warranty is in lieu of all warranties of merchantability, fitness for
a particular purpose or other warranties expressed or implied, and the remedies of
the customer herein provided fulfill all liabilities of Delta Star, whether in warranty,
negligence or otherwise.
Unless otherwise agreed, the transformer will be shipped f.o.b. destination, prepaid.
Shipments will be by mutually agreed upon means (e.g., truck) to site specified by
customer, provided no unusual circumstances unknown to Delta Star occur (no roads,
impassable conditions or extreme grades). Customer agrees to inspect transformer
within 48 hours of arrival at destination and notify both Delta Star and the carrier of
any observable damage or irregularity. NOTIFICATION SHALL BE ACCOMPLISHED BY
COMPLETING AND RETURNING DELTA STAR INC's FORM FS-100 (Inspection Receipt
Summary).
THE SELLER SHALL IN NO EVENT BE LIABLE FOR INCIDENTAL OR CONSE-
QUENTIAL DAMAGES. THE SELLER MAKES NO WARRANTY OF MERCHANT-
ABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER
WARRANTY EITHER EXPRESSED OR IMPLIED, EXCEPT AS EXPRESSLY SET
FORTH HEREIN. Rev10.98
GENERATOR - TRANSFORMER SPECIFICATION
Delta stop, (4p
Inc.270 Industrial Road. San Carlos, CA 94070-6212
Telephone: (650) 508-2850 • Fax (650) 593-0658
PG N4: 02-5291-1
FOR: CITY OF VERNON DATE: 1/31/02
gPFr. Ns• r;41 I-TR-1-gnn2 00/17/02 INO Ns: -- ITEM Ns: 1
RATING: 3 PHASE 60 HERTZ
CLASS
OA/FA/FA
HV -WDG (H)
LV - WDG (X)
LV - WDG (` )
TEMP
55 ''C
37.5150/62.5 MVA
37.5/50/62.5 MVA
-- MVA
TEMP
65 =C
42/56/70 MVA
42/56/70 MVA
-- MVA
RATED VOLTAGE (kV)
69GrdY/39.8
13.2
--
ADDITIONAL TAPS (kV)
OR PERCENT TAPS
67.5-66-64.5-63 F.C.
NONE
BIL
LINE
350
110
--
(kV)
NEUTRAL
110
DIELEC-
APPLIED (kV)
34
34
--
TRIC
INDUCED (kV)
140
TEST
rRIV
--
--
[.—/.,Z @ RATED MVA
(NOTE *) 7.0 H - X
-- X - Y
-- H - Y
PERFORMANCE DATA @ 75'C
%
LOSSES (kW)
PERCENT EFFICIENCY
% REGULATION
MVA
EXC
EXC
NO
FULL
TOTAL
FULL
3/4
1'/2
1./4
1.0
0.8
VOLTS
AMPS
LOAD
LOAD
37.5
100
0.4
24.2
79.2
103.4
99.72
99.75
99.76
99.69
0.5
4.1
110
0.8
36.3
AUXILIARY LOSSES AND SOUND LEVEL
CLASS
OA
FA
FA
FOA
AUXILIARY LOSSES kW
--
1.8
3.6
--
SOUND LEVEL dB(A)
74
76
77
--
NOTES:
* IMPEDANCE AT 650C OA RATING 42 MVA
APPROXIMATE DIMENSIONS AND WEIGHTS PER PAGE 2 OF 2
PREPARED BY: /0z_
PAGE 1 OF 2
REF. F-6819 1 •� REV: 02-14-93 SF10
B
RADIATORS
�— PER SPEC.
HV SURGE
�— ARRESTERS
O
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p
WHEN REQUIRED
C H1
H3
O
p H 0 X1 ®
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LV SURGE
+ +
+
ARRESTERS
WHEN REQUIRED
OIL PRESERVATION
I I
I
SYSTEM AND GAGES
PER SPEC.
zz
�V
A
D NITROGEN
SYSTEM
CONTROL
IF CABINET
REQUIRED
0
1-7
0
OIL
CORE &
TANK &
TOTAL
IT.
MVA
A
B
C
D
E
COIL
FIT.
WT
GAL
WT
1
37.5//70
210
225
170
165
--
5300
39800
84400
39200
163400
CITY of VERNON
s DELTA STAR, INC.
a�~�
CAN CARLOS OPERATION (650) 508 2850
�"c•• 270 INDUSTRIAL
RD. SAN CARLOS, CA. 94070
148500 WITH OIL
TITLE
TRANSFORMER
OUTLINE
PG. 2
1OF 2
02030110
SHIPPING WT=108700 WITHOUT OIL
y
SCALE
BY
NONE
PG # 02-5291-1
0
CKD.
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I DATE 01 /31 /02
(MOT�nQ (`nnlcTRl I!`TIC1N1 FINCH. I RS1
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SPECIFICATION NO. GSU-TR-1-2002
69-13.2 KV
2: Qty: 37.5/50/62.5 MVA, OA/FA/FA
GENERATOR STEP-UP
POWER TRANSFORMERS
CITY OF VERNON
MALBURG GENERATING
STATION PROJECT
January 17, 2002
TABLE OF CONTENTS
1.0 Scope
2.0 General
3.0 Deviation and Non -Conformance Requirement
4.0 Instruction to Bidders
5.0 Technical Requirements
6.0 Wiring, Conduits, Boxes and Terminal Blocks
7.0 Nameplates and Labels
8.0 Painting
9.0 Factory Tests
10.0 Seismic Withstand Requirements
11.0 Preparation for Shipment
12.0 Installation Assistance
13.0 Evaluation of Quoted Costs and Losses
14.0 Data, Drawings, Manuals, Inspection and Test Plan
15.0 Spare Parts
16.0 Moving and Jacking Facilities
17.0 Proposal Requirements
Specification No. GSU-TR- 1 -2002
2
1.0 SCOPE
2.0
This specification covers electrical characteristics and mechanical features of three-phase,
60 hertz, oil -immersed, outdoor power transformer for use as a generator step-up (GSU)
and spare GSU transformer in The City of Vernon's Combined Cycle Power Plant Project
distribution substation. This Specification requires the delivery of four (4) transformers,
as specified below, to the City of Vernon's plant site at Station A.
GENERAL
The transformers shall meet the applicable requirements of the latest revisions of the
following standards:
2.1 ANSI C57.12.00 General Requirements for Distribution, Power, and
Regulating Transformers.
2.2 ANSI C57.12.10
2.3 ANSI C57.12.90
2.4 ANSI C76.1
2.5 ANSI C76.2
2.6 IEEE 344
2.7 NEMA Pub. No. TRl
f�:��1�CT: � • 1
2.9 OSHA
2.10 ANSI/ASTM D 3487
Specification No. GSU-TR- 1 -2002
Requirements for Transformer, 230,000 Volts and
Below.
Test Code for Distribution, Power, and Regulating
Transformers.
General Requirements and Test Procedures for
Outdoor Apparatus Bushings.
Standard Electrical, Dimensional, and Related
Requirements for Outdoor Apparatus Bushings.
Recommended Practices for Seismic Qualification
of Class lE Equipment.
Transformers, Regulators, and Reactors.
National Electrical Code (NEC).
Federal and State Specifications.
Standard Specification for Mineral Insulating Oil
Used in Electrical Apparatus.
K
3.0 DEVIATION AND NON-CONFORMANCE REQUIREMENT
3.1 Omission or error in this or the manufacturer's specification of an item of material
or equipment necessary for the operation and matching of the offered equipment
in conjunction with the other equipment, existing and future, shall not excuse the
bidder from responsibility in this matter.
3.2 Deviation from this specification or changes in the material or design after
purchase order has been placed must be approved by the City's designated
representative, and acknowledged by an addendum to the specification that shall
be issued as a Purchase Change Order.
3.3 Units received with deviations or changes that are not approved or acknowledged
by the City's designated representative are subject to rejection. The supplier of
units rejected is responsible for any corrective action including but not limited to
materials, labor and transportation necessary to make the units conform to these
specifications.
3.4 Units with defects, discovered before or after installation, that are believed to be
inherent to manufacturing problems or workmanship shall be rejected.
4.0 INSTRUCTION TO BIDDERS
4.1 The bidder shall supply proposal information that shall include the complete
design and construction details and is truly representative of any equipment to be
furnished.
4.2 Manufacturer shall quote in strict conformance to this specification. Exceptions to
this specification by the Bidder shall be set forth clearly and completely via
written attachment to the proposal. Bidders may also quote equivalent FOA rated
transformers should they provide a more cost effective alternative (including loss
considerations).
4.3 The successful bidder shall complete its submittal of all drawings and diagrams in
complying with this specification and Table One (1), to the City's designated
representative for approval within a twelve to sixteen (12-16) week period after
bid award. The bidder's schedule shall include the time for transmittal of
drawings for approval in addition to a minimum of ten (10) working days for
review by the City's designated representative. Revisions of the drawings to
make them comply with this specification shall be at the bidder's expense and
without extension of the completion date.
Specification No. GSU-TR-1-2002
2
5.0
4.5 Each drawing supplied by the bidder shall bear identification showing the City's
purchase order number, date of the drawing release, and whether the drawing is
for approval or approved for construction.
4.6 Shipping and storage shall be accomplished in such a manner as to prevent
damage or deterioration of materials.
4.7 Only manufacturers with at least 5 years of experience with ANSI designed
transformers shall be considered qualified to bid on this requirement.
TECHNICAL REQUIREMENTS
5.1 TYPE:
Transformers shall be non -PCB mineral oil -immersed, two winding, 60 Hz, for
outdoor service.
5.2 COOLING CLASS
The transformers shall have OA/FA/FA Class 65°C rating.
5..3 RATINGS and QUANTITY
A. Provide one (1) Steam Turbine Generator Step Up Transformer and one (1) Spare,
two (2) total, at the following ratings:
Number of phases:
Frequency:
Connection:
Voltage (Rated):
kVA Rating:
Nominal Voltage:
- High Voltage:
- Low Voltage:
BIL Ratings of Windings:
- High Voltage:
- Low Voltage:
Three
60 Hz
Solidly Grounded WYE / DELTA
69 kV/13.2kV
37.5/50/62.5 MVA 550C Rise
42/56/70 MVA OA/FA/FA 650C Rise
69 kV
13.2 kV
350 kV BIL
110 kV BIL
Transformers shall be designed to operate above or below rated voltage in
accordance with ANSI C57.12.00.
Overexcitation capacity of 110 percent, full load and 115 percent, no load shall be
provided.
Specification No. GSU-TR- 1 -2002
5
5.4 TEMPERATURE RISE
When transformer is loaded at its maximum 65°C kVA rating, the transformer's
average winding temperature rise at any tap position shall not exceed 65°C and
the transformer's hot spot temperature shall not exceed 110°C based on 15°C hot
spot rise and 30°C average ambient.
5.5 TRANSFORMER LOADING CAPABILITY
1. The transformer shall be capable of being continuously loaded at its
maximum kVA (65°C rise) rating without exceeding the temperature rise
limits of 65°C and 80°C for winding and hot spot temperatures,
respectively.
2. When transformer is loaded at its maximum kVA (65°C rise) rating, the
transformer's top oil temperature, and insulated conductor hot spot
temperature shall not exceed 105°C and 120°C, respectively (the former
never above 110°C on a continuous 24 hour basis).
3. After the transformer has been continuously loaded at its maximum kVA
(65°C rise) rating, the transformer shall be capable of being emergency
loaded at 130% of its maximum kVA (65°C rise) rating for a 3.0 hour
period. When loaded to this emergency condition at ambient air
temperature of 40°C; the transformer's insulated conductor and other
metallic hot spot temperatures shall not exceed 130°C and 150°C,
respectively. The loss of insulation life for any 24 hour load cycle
including the 3 hours of emergency loading shall not exceed 0.50%.
4. The ambient air temperature for the above contingencies shall be based on
30°C daily mean with a 40°C maximum temperature.
5. Leads, connectors, bushings, load and no-load tap -changers and any other
auxiliary current carrying components shall be capable of being loaded to a
degree equal or exceeding the capability of the windings as specified in the
specification.
5.6 SOUND LEVEL
The sound level of the transformers shall be at the values specified in
NEMA Publication No. TR-1. If a lower level is required, it will be so
stipulated in the Request for Proposal by City.
2. Each transformer's nameplate and test report shall provide the measured
sound level in decibels.
Specification No. GSU-TR-1-2002
0
5.7 IMPEDANCE
The impedance shall be 7 % based on the 65°C OA rating. The tolerance for
impedance shall be as provided in ANSI Standard C57.12.00.
5.8 ANGULAR DISPLACEMENT
The angular displacement between the voltages of the high voltage and low
voltage windings shall conform to ANSI Standard C57.12.00.
5.9 NO LOAD -TAP CHANGERS
1. Only externally operated no load -tap changer designs are acceptable. Taps
shall be located in the high voltage windings. The tap changers shall be
capable of carrying the full transformer short circuit without damage or
contact separation. All taps shall be full capacity taps. The conductor
cross section of the tap section or winding shall be not less than that of the
main winding.
2. Tap changer operating handles shall be at least 3 feet above the ground.
Safety nameplates for non -gang operated tap changers shall be located
next to the tap changer operating handles.
3. Tap changers shall meet the requirements of ANSI Standard C57.12.10.
4. Taps shall have five
positions as defined
below:
TAP
HIGH SIDE
LOW SIDE
POSITION
VOLTAGE
VOLTAGE
1
69,000
13,200
2
67,500
13,200
3
66,000
13,200
4
64,500
13,200
5
63,000
13,200
5.10 FA RATINGS
1. The FA ratings for transformers shall be in accordance with ANSI
Standard C57.12.10.
2. The transformers shall be equipped with thermally operated control
devices. The thermal elements shall be mounted in wells and responsive
to top oil temperature. The top oil temperature indicator shall be equipped
with three ungrounded contacts. In addition transformers shall be
equipped with a hot spot indicator with three ungrounded contacts.
Specification No. GSU-TR- 1 -2002
7
3. The fans shall have 230 volt, single phase motors. Fan motors shall be
individually protected with a suitable thermal device and shall be totally
enclosed in a water proof enclosure. The supply source shall be a three
phase, 230 volt circuit protected by a suitable thermal magnetic device.
The load of the single phase fans shall be distributed between the three
phases of the supply.
The supply source voltage shall be 240 volts.
The control equipment shall include the necessary circuit breakers,
selector switches, temperature control relays, alarm actuating devices, and
associated equipment required to provide complete control of cooling
system equipment. The loss of AC power to cooling fan circuit shall be
detected via an undervoltage relay having adjustable pickup level,
adjustable time delay, surge protection, and be sealed type.
4. Cooling fans which are located such that any moving parts thereof are
seven feet or less above the bottom of the transformer base shall be
equipped with metal guards in accordance with the following:
a. Where the guard is within four inches of moving parts, openings
through the guard shall be of such size to prohibit the passage of
any object greater than one-half inch in diameter.
b. Where the guard is more than four inches from moving parts, the
maximum opening shall be not more than two inches, and when
slatted guards are used, the width of the opening shall be not
greater than one inch.
5.11 TRANSFORMER SHORT CIRCUIT CAPABILITY
The transformer shall be capable of withstanding, without injury, the mechanical
and thermal stresses caused by short circuits on the external terminals of any
winding or windings, in accordance with ANSI Standard C57.12.00. Only the
impedance of the transformer shall be considered in determining maximum short
circuit current.
5.12 BUSHINGS
All bushings shall meet the following requirements:
a. They shall be copper conductor material with threaded studs.
External bushing studs shall be silver plated. Bushing shells shall
be of wet process porcelain.
Specification No. GSU-TR-1-2002
b. Bushings shall be furnished with terminal connectors. NEMA
Standard pads should be provided to accommodate termination of
high and low voltage conductors.
C. Draw lead type bushings shall be suitable for installation or
replacement without lowering the oil in the transformer tank.
d. Bushings shall have nameplates that show, as a minimum, the
information listed in ANSI Standard C76.2.
e. The current ratings of the bushings and bushing leads shall be
suitable not only for the maximum rating of the transformers, but
also the overload capability as provided in §5.5, Transformer
Loading Capability.
f. Bushings shall meet the temperature limitations specified in ANSI
Standard C76.1. Proof of compliance with this requirement shall
be furnished.
g. The minimum external clearances shall be as specified in NEMA
Publication No. TRI.
h. Minimum creepage distance shall be not less than 1.3 inches per
kV rms (phase to ground).
i. All high voltage bushings shall have provisions for insulation
power factor testing.
j. Bushings shall withstand ANSI Standard 60 Hz applied potential
and impulse test voltages required for their indicated BIL rating.
k. Bushings shall consist of one-piece porcelain units and have
porcelain in compression only.
1. Bushings shall have one of the following: (1) sealed reservoir with
magnetic oil gauge, (2) glass bowl reservoir, or (3) prismatic oil
sight gauge.
M. Bushings shall be of the oil impregnated capacitor type with a
common oil system above and below the mounting flange.
n. Bushings shall have electrical characteristics which conform to
ANSI Standard C76.2.
o. Bushings shall meet the dimensional requirements of ANSI
Standard C76.2.
P. Bushings shall be ANSI #70, light gray in color.
Specification No. GSU-TR- 1 -2002
9
2. Low Voltage Bushings
Low voltage and neutral bushings shall conform to ANSI Standards C76.1
and C76.2. Bushings shall be top cover mounted for connection to cable
bus.
3. High Voltage Bushings
The high voltage bushings shall be 69 kV insulation class, 350 kV BIL.
5.13 BUSHING CURRENT TRANSFORMERS
1. The high voltage and neutral bushings shall have 600:5 multi -ratio current
transformers with accuracy class of C400. The low voltage bushings shall
have 3000:5 multi -ratio current transformers with accuracy class C400.
2. The current transformers shall meet the requirements of ANSI Standard
C57.13 with 5 taps.
3. The current transformers' secondary wiring shall be free of splices and
shall be terminated on shorting blocks in the control cabinet.
5.14 CORES
The core shall be grounded at one point only through a removable
connection. The removable connection shall be readily accessible through
a handhole or manhole and made up in such a way that it may be
conveniently opened to check the core insulation. The core ground shall
be brought out through a bushing to an external ground. When the
connection is remove, the insulation resistance between the core and
ground shall be not less than one hundred megohms.
2. The cores shall be clamped and braced to resist distortion caused by short
circuit stresses or transportation handling. Nuts and bolts of the clamping
structures shall be secured so that they will not be loosened by vibration
incident to transportation and operation.
5.15 TANKS, COVERS, AND RADIATORS
General
Transformer tanks, covers, and manhole covers shall be of substantial
construction and capable of withstanding, without injury, the stresses
incident to shipment and operation. Tanks and radiators shall be capable
of withstanding the forces resulting from full vacuum.
Specification No. GSU-TR- 1 -2002
10
2. Covers and Access Ports
a. The covers of all transformers shall have hand holes or manholes,
or both to afford adequate access to the internal parts. The
diameter of the manholes shall be not less than 24 inches. All
covers and adapters shall be bolted to the tank either by means of a
boss welded to the tank with holes drilled and tapped or by a flange
welded to the tank having slots wide enough to accommodate bolts
with nuts. Threaded studs welded to the tank are not acceptable.
Manhole covers shall have at least two handles for lifting. At or
near the intersection of the centerlines of the tank covers on all
transformers, a boss shall be welded to the cover for the purpose of
mounting a sudden pressure relay. The boss shall be drilled and
tapped for the number of holes in the sudden pressure relay.
Supplier shall submit to City approval drawings including
manufacturer and model for sudden pressure relay.
b The drilled and tapped mounting holes shall not extend beyond the
thickness of the boss and into the tank cover.
The boss and tank cover shall be drilled for connection to the gas
space. The hole shall be not less than one inch in diameter.
d. The sudden pressure relay shall be packaged and shipped as part of
the transformer accessories. The transformer shall be shipped with
a gasketed plate bolted to the boss. The number and size of holes
in the plate shall be the same as those in the sudden pressure relay.
3. Studs for Guardrails
Pipe studs shall be welded in place at each corner of the tank cover, load -
tap changing housing, and other attached compartments on which a man
can stand, and in between these corners at intervals of not more than five
feet. The pipe studs shall have a minimum diameter of one inch, stand a
minimum of six inches tall, and shall have a drain hole on the bottom at
the weld seam.
4. Gaskets
All gaskets shall be Nitrile rubber. Metal surfaces to which gaskets are
applied shall be smooth, and shall have sufficient rigidity to assure proper
compression of the gaskets. Stops shall be provided so that over
compression of the gaskets cannot occur. All seams and joints in the
transformers shall be oil and gas tight.
Specification No. GSU-TR- 1 -2002
11
5. Tanks
a. Transformer tanks shall be clean and free of all mill scale,
corrosion, and foreign substances.
b. Suitable means shall be provided to facilitate tanking and
untanking without damaging the windings, cores, or tanks. These
devices shall also prevent movement of the core assembly in transit
and foreign seismic disturbances.
C. Both ends of the tanks shall be provided with eyes for pulling the
fully assembled transformer in either direction. Proper clearances
shall be provided between the pulling eyes and radiators and other
appurtenances so as not to interfere with pulling cables.
d. Jack ports shall be provided on all tanks and shall conform to
ANSI Standard C57.12.10. The minimum dimension between the
floor line and the jacking point shall be 18 inches.
6. Radiators
Radiators shall be braced to withstand the vibrations and impacts which
occur during shipment and operation. No aluminum bearing material shall
be used for radiator tubes or fins.
5.16 OIL AND OIL PRESERVATION SYSTEMS
1. The transformers shall function with oil which meets the requirements of
ANSUASTM Standard D3487,Standard Specification for Mineral
Insulating Oil Used in Electrical Apparatus.
a The oil furnished by the Manufacturer of the transformers shall be
the Manufacturer's accepted oil and as approved by City. The oil
shall be a pure, highly refined mineral oil.
b. Oil supplied by the Manufacturer for the transformer and furnished
in bushings shall be certified to be without any measurable trace of
polychlorinated biphenyls. Certification shall be provided that the
transformer or components have not been contaminated with PCB
prior to shipment.
C. Additional field processing other than filtering of the oil as a
requirement for the installation of the transformer or as a
requirement after any future servicing of the transformer, shall not
be accepted.
Specification No. GSU-TR- 1 -2002
12
d. The electrical insulating oil shall meet all of the requirements set
forth in Table 5-1. The values for the various characteristics shall
be determined by means of the test procedures specified by the
American Society for Testing and Materials (ASTM).
e. The oil shall be capable of forming a compatible and homogeneous
mixture with any oil which meets the requirements of the
Specification. The mixture shall retain the characteristics and
limiting values set forth in Table 5-1.
f. When requested by City, the manufacturer shall, on a typical
sample of the oil that he intends to furnish, make all of the tests
listed in Table 5-1, and transmit four certified copies of the test
results to the City's designated representative.
g. The manufacturer shall transmit to the City's designated
representative, four certified copies of the results of the tests listed
in Table 5-2 for each tank car shipment of oil to City. Two
additional copies shall be provided with each shipment.
h. Each certificate of analysis or quality inspection report requires a
statement that the supplier used only virgin crude for the refining
of the electrical insulating oil. Any analysis on an oil shipment
shall not detect more than 1 PPM of PCB.
i. The manufacturer shall be responsible for the cleanliness of the
tanks in which the oil is shipped. Tanks shall be steam cleaned and
wiped with clean, dry rags. Each tank shall be tightly sealed to
prevent the entrance of moisture and other foreign contaminants
during shipment.
j. Each tank used for a shipment of oil shall be clearly identified and
marked by means not subject to damage from weather or shipping
hazards. The identification shall include:
Specification No. GSU-TR- 1 -2002
1. The Purchase Order Number
2. Tank identification, such as license number
3. Manufacturer's name
4. Manufacturer's exact identification of the oil in the tank
13
2. Oil Preservation
Oil preservation shall be accomplished by means of a regulated
nitrogen blanket system. The gas collection on the tank cover shall
not be made with tubing and fittings but with pipe or steel box
welded or flanged in place.
Specification No. GSU-TR-1-2002
14
TABLE 5-1
CHARACTERISTICS OF ELECTRICAL INSULATING OIL
ASTM Test
Procedure
Limiting
Characteristic
Designation
Value
Dielectric Strength (kV) (0.08" Gap)
D-2440
56 Min.
Dielectric Strength (kV)
D-1473
30 Min.
Power Factor(% at 25°C)
D-1816
0.05 Max.
Interfacial Tension (dynes/cm) @ 25°C
D-877
40 Min.
Specific Gravity (@ 15°C/15°C)
D-924
0.91 Max.
Pour Point (°C)
D-971
-40 Max.
Flash Point (°C) (C.O.C.)
D-1298
145 Min.
Viscosity, cSt (SUS) @ 40°C
D-97
12.0 (66) Max.
Color
D-92
0.5 Max.
Neutralization Number (mg
D-88(D-445)
0.03 Max.
KOH/gram)
Corrosive Sulphur
D-1500
Non -corrosive
Water Content(ppm)
D-1533
25 Max.
Inorganic Chlorides, Sulfates
D-1275
None
Free Sulphur
D-1533
None
Sludge Value(%) After 164 Hours
D-878
0.2 Max.
DBPC Content(% by Weight)
D-1275
0.3 Max., 0.15 Min.
Specification No. GSU-TR-1-2002
15
TABLE 5-2
TESTS WHICH SHALL BE MADE ON EACH
SHIPMENT OF OIL
ASTM Test
Procedure
Limiting
Characteristic
Designation
Value
Dielectric Strength (kV) (0.08" Gap)
D-1816
56 Min.
Interfacial Tension (dynes/cm)
D-971
40 Min.
Water Content (ppm)
D-1533
25 Max.
Color
D-1500
0.5 Max.
Neutralization Number (mg
D-974
0.03 Max.
KOH/gram)
DBPC Content (% by Weight)
D-1473
0.3 Max., 0.15 Min.
Specification No. GSU-TR- 1 -2002
16
5.17 ACCESSORIES
Accessories requiring access for servicing, resetting, or recalibration while
transformer is energized, shall be mounted less than six feet above the transformer
base.
Alarm contacts should be normally -closed (NC) type contacts for opening on
abnormal conditions. Alarm contacts shall be rated for 125 V DC, minimum 0.5
A interrupting rating. Alarm contacts shall be terminated on terminal blocks
inside the control cabinet such that they can be wired to Plant or City's SCADA
system.
A control cabinet, NEMA Type 4 outdoor dust and rain resistant with hinged
gasketed door and extended rain shield, shall be provided, mounted on the side of
the transformer tank with its top not more than six feet above the transformer
base. The cabinet door shall have provisions for padlocking. Cabinet shall be
equipped with lighting fixture and toggle switch, duplex receptacle with GFI, and
thermostatically controlled heater, each on a separate circuit controlled by an
individual circuit breaker. The cabinet shall contain barrier -type terminal blocks
for all current transformer leads and alarm leads and all control equipment not
specifically requiring mounting at other locations on the transformer. One 480 V,
3 phase, 3W power supply shall be brought to the transformer for cooling fan
motors and heaters. The Supplier shall provide one 600 V circuit breaker and an
undervoltage relay with alarm contacts to function upon loss of AC control power.
Alarms and control circuits shall be 125 VDC.
1. Sudden Pressure Relay
The transformers, shall be equipped with sudden pressure relay. The
device shall be mounted on top of the transformer in accordance with the
requirements of §5.15.2. The leads from the device shall be without
splices, conduit -enclosed and terminated in the transformer control
cabinet. The leads shall not pass between the low voltage or high voltage
bushings.
Supplier shall furnish 125 V do sudden pressure auxiliary seal -in and
tripping relay with two normally open (NO) and two normally closed (NC)
contacts and targets for Plant SCADA alarm and trip functions. An
auxiliary contact shall also be used by the supplier to de -energize all fans.
2. Incipient Fault Monitor
Transformers shall be equipped wit a Hydran 201R incipient fault monitor
(manufactured by Syprotec Corporation) mounted on the lower header of
one of the coolers per Syprotec recommendations.
Specification No. GSU-TR-1-2002
17
3. Pressure Relief Device
a. Transformers shall be equipped with at least one cover -mounted,
self-reseating, gas -tight, mechanical pressure relief device to
permit the escape of gas when the internal pressure becomes
abnormal. The device shall be coordinated with the sudden
pressure relay specified in §5.17.1.
b. The device shall be equipped with alarm contacts which conform
to ANSI Standard C57.12.10.
C. A cable in conduit shall be provided between the contacts of the
pressure relief device and the terminals in the terminal box.
d To prevent rapid deterioration of the pressure relief device gasket,
the device shall be bolted to a flange as specified in Paragraph
§5.15.2.
4. Temperature Indicators
Standard accessories, as specified in ANSI Standard C57.12.10, shall be
furnished on all transformer tanks and covers, except that:
a. The temperature indicators on all transformers shall be equipped
with non -grounded alarm contacts which meet the requirements of
ANSI Standard C57.12.10.
b. The dial markings of the liquid temperature indicators on all
transformers shall cover a range of 0°C to 160°C. The alarm
contacts shall be set at 100°C. Fan control shall be initiated at
65°C and switched off at 55°C for OA/FA transformers.
C. The dial markings of the winding temperature indicators shall
cover a range of 0°C to 220°C. The alarm contacts shall be set at
110°C. The other two contacts shall be adjustable over a range of
120°C to 220°C for fan and other functions.
d. The temperature indicators shall provide temperature signals to
Plant's SCADA system. The temperatures shall be displayed
locally and at a remote location.
e. The temperature indicators shall be mounted not more than eight
feet above the transformer base.
Specification No. GSU-TR- 1 -2002
IV
f. The temperature indicators shall be Qualitrol QT-104-250, Remote
Indicating Thermometer with SCADA output.
Pressure -Vacuum Gauge and Bleeder
When applicable a pressure -vacuum gauge and bleeder shall be connected
to the gas space above the maximum oil level. The gauge shall be
mounted not more than eight feet above the transformer base.
6. Valves
Transformers shall be equipped with the following valves:
a. Two-2 inch globe -type drain valves. Each valve shall be equipped
with a sampling device, and located on opposite sides of the tank.
b. Two-2 inch globe -type valves for the upper filter press and vacuum
connections. The valves shall be located not more than three
inches below the top edge of the tank wall.
C. In the unlikely event a load -tap changer is specified, each oil filled
compartment of the load -tap changer shall be furnished with a two
(2") inch drain valve and a valve or plug to vent the compartments
when filling with oil. A pipe connection shall be provided such
that a vacuum can be pulled on either compartment separately or
all compartments simultaneously.
d. Each two inch (2") valve shall be capped with a cast iron plug.
e. Each drain valve near ground level shall have a mechanical shield
to prevent damage to the valve.
7. Liquid Level Indicator
Liquid level indicators, as specified in ANSI Standard C57.12.10, shall be
furnished and equipped with a low level alarm contact.
8. Surge Arrestors
Ohio Brass PVN31042 69 W class (42kV MCOV) surge arresters with
mounting brackets and hardware shall be provided. Surge Arrestors shall
be connected to the High Voltage terminals, one per each bushingArresters
shall be polymer type metal oxide rated for voltage class and system
grounding,
Specification No. GSU-TR-1-2002
19
6.0 WIRING, CONDUITS, BOXES AND TERMINAL BLOCKS
6.1. Wiring
All devices mounted on each transformer, except the sudden pressure
relay, but including current transformer secondary circuits, shall be wired
without splices to terminal blocks inside the control cabinet using XLP
insulated multistrand single conductor type SIS or type XHHW wire in a
multiconductor cable with an overall PVC jacket. The cable shall be rated
600 volts and 90°C.
2. Corrosion resistant, stainless steel or brass, plug -type, threaded, watertight
connectors shall be furnished for cable connections at the devices.
3. Wiring inside the control cabinet shall be type SIS, type XHHW or type
MTW rated 600 volts and 90°C.
4. Conductors shall be stranded copper having a minimum size of No. 14
AWG. Current transformer secondary circuits shall be wired with a
minimum wire size of No. 12 AWG.
5. All wires shall be terminated with crimp -type, tinned copper, ring -tongue
terminals having insulated ferrules.
6.2 Conduits and Fittings
Galvanized or liquid -tight metallic conduit shall be used to support and protect
interconnecting cables. Conduit connections shall be made either at the bottom or
sides of terminal boxes. Condulets with gasketed covers shall be used at bends.
In lieu of conduits, structural channels on the tank may be used for wireways.
Watertight, clamp -type bushings shall be used for cables entering conduits and
wireways. Cable without conduit may be used at devices to facilitate maintenance
and reduce vibration; however, the cable shall be multiconductor-type with an
overall jacket and the length of unsupported cable shall not exceed three feet.
6.3 Boxes
Junction boxes with gasketed covers shall be provided where required to
make connections between devices and the control cabinet. Splices in
conduits or condulets are not acceptable.
2. Control cabinet which contain relays, switches or contactors, and terminal
blocks shall be provided with a heater controlled by a thermostat, and an
electrical convenience outlet.
Specification No. GSU-TR- 1 -2002
WC
6.4 Terminal Blocks
Molded plastic No. 10 size or larger, screw -type terminal blocks rated 600 volts
shall be provided for all wiring. Short circuiting -type terminal blocks shall be
used for current transformer circuits. Terminal blocks shall be fastened in
position with bolts. All terminals shall be identified. No more than two wires
shall be terminated at one terminal. A minimum of 25 percent spare, unused
terminals shall be provided in the terminal blocks.
7.0 NAMEPLATES AND LABELS
Each transformer shall be furnished with a noncorrosive, stainless steel nameplate,
attached with stainless steel hardware. The nameplate shall contain the information
specified in ANSI Standard C57.12.00. Nameplates shall show transformer ratings for
operation at temperature rise of 65°C, guaranteed or measured sound level, rated current
at various tap positions, and the measured zero sequence impedance. Stick -on labels or
painted -on information, such as core ground location are not acceptable.
8.0 PAINTING
Transformers shall be thoroughly cleaned by particle blasting and painted with at least
one corrosion inhibiting primer and one finish coat to give a total dry film thickness of no
less than 3 mils. The finish coat shall be standard gray, ANSI-70. All paint applied shall
be dry before shipping the transformers.
9.0 FACTORY TESTS
1. Routine Tests
a. Each transformer shall be completely assembled and given routine tests in
accordance with ANSI Standards C57 12.00 and C57.12.90. Test results
shall be corrected to 85°C. Bushings that are furnished with the
transformers shall be installed on the transformers during routine tests.
b. A complete list of all preliminary and performance (routine and special)
tests to be performed on each transformer shall be provided.
Specification No. GSU-TR- 1 -2002
21
2. Special Tests
The following tests shall be performed:
a. Temperature test in accordance wit ANSI Standard C57.12.90 to verify the
OA rating and top rating at 65°C rise. This test may be waived if the GSU
transformer is a thermal duplicate of a unit previously tested with equal or
less radiating area and equal or greater load and no-load losses.
b. Audible sound level test in accordance with NEMA Publication No. TRl.
3. Additional Tests
a. Quality control impulse tests shall be performed on the transformers.
b. Low voltage excitation current measurements shall be performed on each
transformer and the results shall be furnished to the City prior to shipment.
Particular attention shall be made to account for meter loss and harmonic
components in the supply voltage.
10.0 SEISMIC REQUIREMENTS
1. General Requirements
a. Transformers shall remain functional and operable during and subsequent
to the combined application of the deadweight, the normal operating (live)
loads, and seismic acceleration loading defined in § 10.0 2.
b. The supplier shall provide data on the weight of transformer and center of
gravities, with and without oil.
2. Seismic Loading
Supplier shall perform seismic acceleration load calculations using recognized
industry standards. The supplier shall design and furnish seismic anchor plates
that will be embedded in the transformer foundation. Supplier shall furnish
welding clamping elements to fasten the transformer base skids or bottom slates to
the seismic anchor plates. The supplier shall specify the number and locations of
the clamping elements such that the transformers do not slide or overturn during
earthquakes. Supplier shall submit detail drawings and specifications for the
anchor plates to be incorporated in the foundation design. Anchor plates shall be
supplied by supplier in time for the foundation to be built.
Specification No. GSU-TR-1-2002
22
11.0 PREPARATION FOR SHIPMENT
1. Transformers shipped without oil shall be filled with dry air and sealed at the
factory, and provided with sufficient air to maintain a positive internal pressure to
the point of delivery.
2. Air pressure and moisture content shall be measured and recorded prior to
shipment, and submitted to City when the transformer is shipped.
3. Radiators not mounted on the transformer for shipment shall be sealed to prevent
the entrance of moisture.
4. Transformers and all components shall be prepared for shipment to prevent
damage during handling and in transit, and shall be suitable for outdoor storage at
the jobsite.
5. A three-way impact recorder shall be provided on each transformer.
12.0 INSTALLATION ASSISTANCE
Supplier shall furnish on -site installation assistance.
13.0 EVALUATION OF QUOTED COSTS AND LOSSES
1. Evaluated Costs
In the analysis of each proposal, City shall evaluate the quoted costs, and the
transformer operating costs on the following basis:
Ownership Cost
a. Basis for Ownership Cost:
1. Transformer Carrying Charge: This is 20 percent of the quoted
cost.
2. No Load -Loss Charge: This is based on a cost of $750/KW..
3. Load Loss Charge: This is based on a cost of $500lKW.
Specification No. GSU-TR-1-2002
23
b. The following are the equations for Items 1 through 3, above.
1. (Quoted Cost) (0.20), "A" $
2. PNL x $750/KW, "B" $
3. PLL x $500/KW, "C" $
Total Ownership Cost = A + B + C $
2. Reimbursement
Failure to meet the guaranteed losses for the transformers shall require
reimbursement to City for an amount equal to the present cost of the difference
between the guaranteed and actual loss evaluation at the FA 65°C rating. The
amount to be reimbursed to City will be calculated on the following basis:
a. Total evaluated annual cost based $
on actual losses, "A"
b. Less total evaluated annual cost $
based on guaranteed losses, `B"
C. Difference, (A-B) $
d. Amount to be reimbursed = (C) $
divided by carrying charge
14.0 DATA, DRAWINGS, MANUALS. INSPECTION AND TEST PLAN
1. Data and Drawings
a All drawings shall be submitted in electronic format using AutoCAD
2000, or later version.
b. Supplier shall furnish four full sets of outline, nameplate, and bushing
drawings; wiring diagrams, conduit and terminal details for all control and
auxiliary equipment; and any other drawings required for installation of
the transformers. Drawings shall be finished in accordance with Table 1.
Specification No. GSU-TR-1-2002
24
C. Outline drawings shall include the following information:
1. Projected floor space of the transformer, including radiators.
2. Height of transformer from floor level to top of high voltage
bushing.
3. Height of transformer from floor level to top of low voltage
bushing.
4. Height of transformer from floor level to top of tank, and to the
highest non -removable part.
5. Height above floor necessary for untanking unit.
6. Weight of core and windings.
7. Weight of tank and fittings.
8. Number of gallons of oil and total weight of the oil in main tank.
9. Total weight of the assembled transformer including oil.
10. Power requirements for all control and auxiliary equipment.
11. Base dimensions of the transformer.
12. Approximate center of gravity with oil, and without oil.
13. Dimensions of transformer base projected beyond and around its
tank wall.
14. Thickness of transformer base and dimensions of the supporting
skid.
15. Seismic anchor plate design and dimensions.
2. Manuals
Supplier shall submit complete instruction manuals, including parts list, for the
transformers and all devices and equipment furnished with the transformers. The
manuals shall give complete and detailed instructions for erection, installation,
operation, adjustment, and maintenance. Copies shall be submitted as specified in
Table 1. One instruction manual shall be located in a pocket attached to the inside
of the control cabinet door when shipped. Instruction manuals shall be submitted
in electronic format using MicrosoftTM Word.
Specification No. GSU-TR- 1 -2002
25
r
3. Test Reports
Supplier shall submit certified test reports for all specified tests. Copies shall be
submitted as specified in Table 1.
4. Inspection and Test Plan
Supplier shall submit a detailed inspection and test plan (see Table 1). The
inspection and test plan shall be submitted along with the drawings for review
allowing sufficient time for City's concurrence and approval. The plan shall
include the following:
Specification No. GSU-TR- 1 -2002
26
S
a. Inspection and test witness points during the manufacture, assembly, and testing activities for the
apparatus (including subcontracted components).
b. All inspection and test procedures including:
1. Title of inspection or test procedure.
2. Identification of apparatus being inspected or tested.
3. Inspection or test objectives.
4. Detailed listing of components to be inspected or tested including reference to this specification
requirements and designation of any ANSI, ASTM or other national standard test procedures
used.
5. Criteria for inspection or test acceptance and rejection.
6. Test configuration.
7. Scheduled date and time duration of test.
8. Test prerequisites.
9. Description of testing facility.
10. Authorities and responsibilities for conduct of tests and approval of test results.
11. Description of test equipment.
12. Listing of all data to be observed and recorded.
Tier shall furnish, on request, repair or replacement parts for a period of at least 10 years, by maintaining in
e all necessary spare parts. Templates, gauges, patterns, records and special machinery from which necessary
parts may be made, shall be retained for 30 years.
Specification No. GSU-TR- 1 -2002 27
16.0 MOVING AND JACKING FACILITIES
1. Moving
The bases of the transformers shall be constructed to permit rolling in the directions of the
centerlines of the segments in accordance with ANSI Standard C57.12.10.
2. Jacking
Details of jacking provisions shall be furnished. The jacking facilities shall be such that when
the jacks are in place they will not interfere with the placement of skids. The minimum
dimension between the floor line and jacking point shall be 18 inches. 17.0PROPOSAL
REQUIREMENTS
17.1 DRAWINGS
Three sets each of non -reproducible drawings:
1. Bushing drawings: The drawings shall include the current rating and the
creepage distance.
HV line: ABB 069WO412AN
HV Neut: ABB 025WO412AY
Item 1 LV: Lapp B-88733
Item 2 LV: Lapp B-88742
2. Outline drawings: The outline drawings shall contain the information specified
in § 14.0. and will be provided at the time of design.
17.2 INFORMATION
Three copies of the following information:
1. High voltage rating.
2. Low voltage rating.
3. Kilovolt -ampere rating and class.
4. Guaranteed total Loss at 100% (mid -tap) voltage and FA 55°C load.
5. Guaranteed no load loss at rated voltage at 20°C.
6. Guaranteed no load loss at 110% voltage at 20°C.
7. Guaranteed exciting current at 100% voltage.
8. Guaranteed exciting current at 110% voltage.
9. Guaranteed percent impedance.
10. Zero sequence percent impedance. (approximately 6.5% at the 65°C OA rating)
11. Guaranteed maximum audible sound levels of OA transformers in decibels.
12. Guaranteed audible sound levels of OA/FA or OA/FA/FA.
(a) At the OA rating.
(b) At the FA or FA/FA rating with fans running.
Specification No. GSU-TR- 1 -2002 28
f
13. Total shipping weight.
14. Type of oil preservation system. (Deltair positive pressure nitrogen system)
15. Method of mounting radiators; removable or integral with the tank. ( Radiators
will be removable)
16. Information as to whether the transformers will be shipped oil or air filled. (Air
Filled)
17. Bushing temperature rise test reports. The Lapp bushings being provided have a
hotspot temperature of 104°C and an average rise of 64°C.
18. Elementary (schematic) wiring diagrams for the control scheme of the forced
cooling equipment.
17.3 GUARANTEED DELIVERY
A guaranteed delivery schedule shall be submitted with bid package. Delivery, FOB
jobsite, for the first two (2) Combustion Turbine GSU transformers shall be March 1,
2002. The Steam Turbine and Spare GSU transformers shall be delivered, FOB jobsite,
no later than August 1.5, 2002.
Liquidated damages of $3000.00 per day shall be paid to the City of Vernon by Supplier
for each day a GSU transformer fails to meet it guaranteed delivery schedule to the
jobsite.
7.4 EXCEPTIONS
A detailed list of exceptions with reference to this specification shall be provided with
bid package.
Specification No. GSU-TR- 1 -2002 29
TABLE 1. QUANTITY AND TYPE OF SUBMITTALS AFTER BID AWARD
* Approval Not Required **
Transformer on Shipment
N - Non -Reproducible; R - Reproducible; E - Electronic Format
Specification No. GSU-TR-1-2002 30
TYPE OF
DOCUMENTATION
REQUIRED
FOR
APPROVAL
REQUIRED NO.
OF DAYS
AFTER AWARD
AS -BUILT (APPROVED)
DRAWINGS
REQUIRED NO.
OF DAYS PRIOR
TO SHIPMENT
Outline Drawings
4/N
30
1/R, 1/E
90
Foundation Drawing, Skid or
Baseplate Drawing, Seismic
Hold Downs
4/N
30
1/R, 1/E
90
Bushing Drawings
4/N
45
1/R, 1/E
90
Nameplate Drawings
4/N
60
1/R, 1/E
90
Terminal Board Drawings
4/N
60
1/R, 1/E
90
Excitation curves for each type
relay BCT
4/N
60
1/R, 1/E
90
General Arrangements
4/N
60
1/R, 1/E
90
Device Detail Drawings
4/N
60
1/R, 1/E
90
Schematic Diagrams
4/N
60
1/R, 1/E
90
Wiring Diagrams
4/N
60
I/R, 1/B
90
Motor Data
4/N
60
1/R, 1/E
90
Instruction Manuals
-----
------
**7/N, 1/E
**90
Test Reports
-----
------
3/N, 1/E
15
List of Special Tools
4/N
_ ___
1/R, 1/E
90
Recorded Gas Pressure and
Moisture Content
------
-----
3/N
15
Inspection and Test Plan
*1/N
60
------------
----------
EXHIBIT
Iwo10
1 EXHIBIT B
2 INSURANCE SCHEDULE
3 Delta Star shall provide proof of insurance, including a standard certificate of insurance, in at least the
following amounts and coverage (combined single limit permitted):
4
I. Coverage and Limits
5 Bodily rX InJ P Yu Pro ert Dama e
�
6 Hazards Each Person Each Accident Each Accident
7 Automobile Liability
Owned Automobiles $ 500,000 $1,000,000 $ 500,000
8 Hired Automobiles $ 500,000 $1,000,000 $ 500,000
9 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Workers' Compensation $ Statutory
10 Employers' Liability $1,000,000 per employer
11 II. General and Professional Liability
12 General Liability $1,000,000 $2,000,000 $1,000,000
13 Premises Operations $1,000,000 $2,000,000 $1,000,000
Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000
14 Independent Contractors $1,000,000 $2,000,000 $1,000,000
Products - Completed Operations $1,000,000 $2,000,000 $1,000,000
15 Contract Liability $1,000,000 $2,000,000 $1,000,000
16 Professional Liability $2,000,000 $2,000,000 $2,000,000
17 a. The general liability policy shall contain the following special endorsements which shall be noted on
or attached to the standard certificate of insurance:
18
19 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds
under the policy.
20 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
reduction of coverage.
21 3. An endorsement providing coverage for all operations under this Agreement.
22 4. Such other endorsement as may be required by addendum hereto.
23 b. In addition to the standard certificate of insurance, proof of general and professional liability
coverage shall be furnished in the form checked below. Certification of the following proofs by the
24 insurance agent or broker will not be accepted:
25 X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and
26 statements in the standard certificate of insurance (attached thereto) are true and correct and that
the signator is an officer authorized to so certify.
27
28 A copy of each policy certified by an officer of the underwriter or carrier and notarized.
EXHIBIT "B"
SUPPORTING
DOCUMENTS
w
1
3
4
5
G
7
8
9
10
13,
12
13
14
15
16
1!
is
19
20
21'.
2.2
23
24
25
26'
27
28
EQUIPMENT PURCHASE CONTRACT
THIS AGREEMENT is made, entered into and executed in
duplicate originals, either copy of which may be considered and used as,
the original hereof for all purposes, as of this day of February
2002, in the City of. Vernon, Country of I,os Angeles, California
BY AND BRTWEFN THE CITY OF VERNON (hereinafter
referred to as the 'City")
4305 Santa Fe Avenue
Vernon, CA 90058
AND DELTA STAR, INC.
(hereinafter referred to as
"Delta Star")
270 industrial Road
San Carlos, CA 94070-2602
RECITALS
WHEREAS, the City's Utilities Department has determined that
the City is need of certain equipment as part of its endeavor to
increase the City's electric generation capacity; and
WHEREAS, Delta Star has advised the City that it can provide
the equipment required by the City; and
WHEREAS, the City desires to enter into an agreement with
Delta Star to provide for the purchase of two (2) generator step-up
poorer transformers for the Malburg Generating Station Project; and
WHEREAS, Delta Star represents that it is qualified and
capable of providing the type of equipment the City requires and is
willing to do so on the terms and conditions set forth below.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUAJjIY AGREE AS SET
F01,VkH H9RFIN:
1. Purchase.
Delta Star agrees to sell and deliver two (2) generator stcp-
1 up power transformers as set forth and described in detail in the
2 Proposal, a copy of which is attached hereto as Exhibit "A" and
3 incorporated herein by reference.
4 2. Time of Performance.
51 Delta Star's performance as identified herein shall commence
5 upon the signing of this Agreement and shall be completed by Delta
7 Star, unless terminated or extended.
8 3. Price.
Delta Star agrees to sell and deliver two (2) generator step-
10 up power transformers described in its Proposal for the amount of Four
11 Hundred Vourteen Thousand Four Hundred Sixty Dollars and No Cents
12 ($414,460.00) per unit for the total sum of Eight Hundred Twenty -Eight
13 Thousand Nine Hundred Twenty Dollars and No Cents ($828,920.00),
14 excluding tax.
15 4. Pa ent Terms.
16 The City agrees to pay Delta Star progress payments as
17 follows: after delivery of the equipment and acceptance by the City,
18 Delta Star shall invoice the City. The City agrees to pay Delta Star
19 for the full amount of the equipment within thirty (30) days after the
20 City'a testing and acceptance of the equipment and the City's receipt
21 of an invoice from Delta Star.
22 5. Change and Extra Services.
23 The City reserves the right to request changes in the
24 equipment design, delivery dates, or additions to or deletions from the
25 equipment purchased from Delta Star. All such changes shall be
261 incorporated in written change orders executed by the City and Delta
27 Star that shall specify the changes ordered and the adjustment of
28 prices, delivery schedules and warranties. Any equipment or services
- 2
1 added to this Agreement, under this section, shall be executed under
2 all applicable conditions of this Agreement. No claim for additional
3 cotlipensation or extension of time shall be recognized unless contained
4 in a duly executed change order.
5 6. Cancellation/Default.
61 A. This Agreement may be terminated by the City for its
7 convenience upon fifteen (15) days prior written notice and upon
a payment of reasonable and proper termination charges, including, but
9 not limited to, all costs incurred or committed prior to the effective
10 date of notice of termination and all charges incurred by Delta Star in
3.1 connection with the termination, plus reasonable overhead and profit.
12 B. In the event that Delta star commits a breach of a
13 material condition of this Agreement, the City shall notify Delta Star
3.4 in writing of said breach and if Delta Star has not cured or begun
is reasonable efforts to cure after fifteen (15) days of receipt of said
16 notice, and fails to diligently pursue corrective action, then the City
iv ohall have the right to cancel this Agreement. Delta Star shall be
18 responsible for any direct costs due to the City's re -procurement of
19 the equivalent of the equipment or services cancelled from Delta Star.
20 7. Confidential Information,
21 A. Access to Confidential Information. The City may
22 provide Delta star with, or allow Delta star access to, certain
23 information not available to the public concerning, but not limited to
2,1 the City, or businesses located in the City. The information may
25 include, but is not limited to, company information, taxes, sales,
26 value of assets, utility usage, or other such information. All such
27 information shall be known as "Confidential Information" and may not be
28 used to circumvent the responsibility of either party to this
- 3
I Agreement.
2 8. No Disclosure. Except as expressly permitted, Delta
3 star shall not disclose, permit the disclosure of, release,
4 disseminate, or transfer, whether orally or by any other means, any
5 part of such Confidential Information to any other person or entity,
6 whether corporate, governmental, or individual, without the express
7 prior written consent of an authorized representative of the City.
p Delta Star shall return any written Confidential information, and all
9 copiers made of such items, to the City upon the City's written request,
to but in any event not later than the date that Delta Star has performed
11 all services to be performed pursuant to this Agreement. Delta Star
12 hereby agrees that such Confidential. Information and any documents
13 provided may be used by Delta star only as authorized by the City.
14 Delta Stara shall take reasonable measures to avoid any disclosure of
15 any such Confidential. Information to any unauthorized person.
16 C. Court Ordered Disclosure. Delta Star shall immediately
17 notify the City of any court order or subpoena requiring disclosure of
18 Confidential Information, and shall cooperate with legal counsel in the
19 appeal or challenge of any such order or subpoena. Recipient may only
20 disclose Confidential Information required to be disclosed pursuant to
21 court order or subpoena after legal counsel has exhausted any lawful
22 and timely appeal or challenge.
23 D. Remedies. In addition to any other remedies that it may
24 have at law or in equity, the City shall he entitled to a temporary and
25 permanent injunction by a court of competent jurisdiction against any
261 breach or threatened breach of the Confidential information provisions
27 of this Agreement. Delta Star acknowledges that in case of such breach
28 or threatened breach of said provisions, the City would have no
- 4 -
I adequate remedy at law.
2 8. Warranties.
3 Delta Star warranty title to the equipment purchased
4 hereunder and any part thereof to be free of any claim of any security
5 interest, lien or any encumbrance. Delta Star also warrants that the
6 equipmenL will be delivered new and shall be free from defects in
7 material and workmanship for the warranty period of twelve months from
a operation, All manufacturers' warranties, any warranties typically
9 provided by Delta Star, and any other warranties made applicable by law
10 shall apply to the parts and labor provided by Delta Star.
11 9. Compliance with Laws,
12 Delta Star shall strictly observe and comply with all
13 applicable federal, state, and local laws, ordinances and regulations
14 governing this sale, including but not limited to any permit or license
15 requi.roments of the United States Department of Commerce, as well as
3.6 any laws of the United States of America,
17 10. Governip Law.
18 The validity, interpretation and performance of this
19 Agreement shall be controlled and construed under the laws of the State
20 or California as enacted and in force at the time this Agreement is
21 fully executed.
22 11. Forum Selection.
23 Any action brought relating to this Agreement shall be
24 brought and held exclusively in a State Courtin the County of Los
25 Angeles, California.
26 12. Notices.
27 Notices to the parties, unless otherwise requested in
28 writing, shall be sent to:
- 5 -
Icity;
1
2
3
4
5
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Delta star:
THE CITY OF VERNON
ATTN., BRUCE V . MALKENHORST
CITY ADMINISTRATOR
4305 SAWA FE AVDNUE
VERNON, CA 90058-0805
DELTA SPAR, INC.
ATTN: LIZ FINCH, CONTRACT ADMINISTRATOR
270 INDUSTRIAL ROAD
SAN CARLOS, CA 94070-2602
13. General Provisions.
A. Independent Contractor.
At all times during the term of this Agreement, Delta Star
shall he an independent contractor and shall not be an employee of the
City.- The City shall have the right to control Delta Star only insofar
,is the rosulLa of Delta Star services rendered pursuant to this
Agreement; however, the city shall riot have the right to control the
means by which Delta Star accomplishes services rendered pursuant to
tho Agreement except to the extent that such services involve the use
of City property or Confidential Information.
D . Delta Star Not Agent.
Except as the City may specify in writing, Delta Star shall
have no authority, express or implied, to act on behalf of the City in
any capacity whatsoever as an agent. Delta Star shall have no
authority, express or implied, pursuant to this Agreement to bind the
City to any obligation whatsoever.
C. Indemnification.
Delta Star shall indemnify, defend, protect and hold the City
and its officers, agents and employees, free and harmless from and
against any and all claims, demands, losses, damages, liabilities,
fines, charges, -penalties, orders, judgments and all costs and expensas
incurred in connection therewith, including reasonable attorney's fees
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i and costs of defense arising out of the services performed under this
2 Agreamont, except to the extent arising from or caused by the sole
3 negligence or willful misconduct of the City, its officers, agents or
4 employees
S D. Comprehensive General and Automobile Insurance.
6 Delta Star agrees to provide insurance in the amounts and
7 forms specified in Exhibit "S," which is attached hereto and made a
S part hereof by reference. Comparable coverage: shall be provided for
g each subcontractor used in the performance of this Agreement. Delta
LO Star sb411 submit to the City documentation indicating compliance with
ii these minimum requirements no legs than one (1) day prior to the
12 beginning of performance under this Agreement. Delta Star shall not
13 commPncc performance of its services under this Agreement until the
14 above insurance has been obtained and proof of insurance has boon filed
is with and approved by the City.
iG P. Assignment and subcontracting Prohibited.
17 No party to this Agreement may assign or subcontract any
18 right or obligation pursuant to this Agreement without the express
19 written consent of the other party. Any other attempted or purported
24 assignment of any right or obligation pursuant to this Agreement shall
21, be void and of no effect.
22 V. Entire Agreement.
23 This Agreement constitutes the complete and final expression
24 of the agreement of the parties and is intended as a complete and
25 exclusive statement of the terms of their agreements and supersedes all
26 prior and contemporaneous offers, promises, representations,
27 negotiations, discussions, communications and agreements which may have
28 been made in connection with the subject matter hereof. All exhibits
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l are incorporated by reference. Delta star represents that in entering
2 into this Agreement, it has not relied on any previous representations
3 or understandings of any kind or nature. It is understood and agreed
4 that in the event of a conflict between the Proposal and this
5 Agreement, the terms of this Agreement shall prevail.
5 G. Partial Invalidity.
7 Wherever possible, each provision hereof will be interpreted
8 in such manlier as to be effective and valid under applicable law, but
9 in care any one or more of the provisions contained herein will, for
10 any reason, bo held to be invalid, illegal or unenforceable in any
11 respect, such provision will be ineffective to the extent, but only to
12 the oxtent•, of such invalidity, illegality or unenforceability without
13 invalidating the remainder of such invalid, illegal or unenforceable
14 provision or provisions or any other provision hereof, unless such a
15 construction would be unreasonable or contrary to the intent of the
16 parties as expressed in this Agreement.
17 H. Time of the Essence.
18 Time is of the essence in the performance of this Agreement
19 and of each and every provision hereof. The waiver by the City of any
20 breach or breaches hereof shall not be deemed, nor shall the same
21 constitute, a waiver of any subsequent breach or breaches.
22 1. Risk of Loss
23 Title and risk of loss or damage shall pass to the City and
24 delivery shall be deemed to be complete upon delivery FOB jobsite or
25 upon moving into storage at the City's request, whichever occurs first.
26 J. Attorneys' Fees.
27 In the event that it becomes necessary for either party to
28 this Agreement to enforce any of the provisions of this Agreement, the
g ..
I parties agree that a court of competent jurisdiction may determine and
P. fix reasonable attorneys fees to be paid to the successful litigant.
3 K. Benefit of Agreement.
Q This Agreement,shall bind and benefit the parties hereto and
a their heirs, successors, and permitted assigns.
6 h , Force Mai eure
7 Neither party shall be considered to be in default in any of
a its obligations under this Agreement when a failure of performance
91 shall be due to an uncontrollable force. The terms "uncontrollable
io force" shall mean any cause beyond the control of the party affected,
11 including, but not• restricted to, flood, earthquake, storm, fire,
12 lightening, epidemic, war, riot, civil disturbance or disobedience,
13 labor dispute, labor material shortage, sabotage, federal, state, or
1.4 municipal action, statute, ordinance, or regulation, embargoos or the
15 United Staten Government or any other government, which by exercise of
16 due diligence such party could not reasonably have been expected to
17 avoid and by exercise to due diligence has been unable to overcome.
18 Father party rendered unable to fulfill any of its obligations under
19 this Agreement by reason of an uncontrollable force, shall give written
20 Notice within five (5) business days of such fact to the other party
21 and shall exorcise due diligence to remove such inability with all
22 reasonable dispatch.
23 M. Waiver.
22 Any waiver at any time by either party of its rights with
25 respect to a default under this Agreement, or with respect to any other
26 matters arising in connection with this Agreement, shall not be deemed
27 a waiver with respect to subsequent default or other matter.
2e
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N. Amendment.
All changes or modifications to this Agreement shall be in a
writing ;stating that it is an amendment to this Agreement and shall be
:signed by both parties or their duly authorized agents. This Agreement
shill not he modified through course of dealing, usage or trade.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed by and through their authorized officers on the date, month
and year first written above.
CITY OF VERNON
By:
EONIS C. MAL URO, Ma or
AT' EST:
BRUCE V. MALKFNHORST, City Clerk
APPROVED AS TO FORM:
'D—TJARDO OLiVO, City A orney
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DELTA STAR, INC.
By: -
Tit e: John Balsle President
8y :
Title:Luice Yang, Asst. Corp. Secty