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Resolution No. 79752 3 4 5 6 7 8 S J 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 t RESOLUTION NO. 7975 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ACCEPTING THE BID OF DOBLE ENGINEERING. COMPANY, INC. ON BID NO. 1412 FOR THE PURCHASE OF A MULTI -PHASE PROTECTIVE RELAY TEST SET FOR THE UTILITIES DEPARTMENT AND APPROVING AND AUTHORIZING THE EXECUTION OF AN EQUIPMENT PURCHASE AND SOFTWARE LICENSE CONTRACT AND THE ISSUANCE OF A PURCHASE ORDER RESPECTING SAID BID WHEREAS, the Utilities Department needs a multi -phase protective relay test set (the "Relay Test Set") for the testing and performance analysis of both electro-mechanical and microprocessor - based generation, transmission and distribution relays in the City's power system for the efficient operation of various substations throughout the City; and WHEREAS, pursuant to Resolution No. 7912 adopted by the City Council of the City of Vernon on February 27, 2002, the City Clerk was directed to give notice inviting sealed proposals or bids for the purchase of the Relay Test Set in accordance with a bid specification provided by the Utilities Department; and WHEREAS, based upon the bid specification, the Purchasing Department prepared Bid No. 1412 dated March 5, 2002, and proceeded to solicit bids for the purchase of the Relay Test Set; and WHEREAS, sealed bids for Bid No. 1412 were opened on March 21, 2002 and reviewed by the Utilities Department; and WHEREAS, by letter dated May 1, 2002, Bruce V. Malkenhorst, City Administrator/City Clerk, recommended that Bid No. 1412 be awarded to Doble Engineering Company, Inc., c/o Young & Co., the lowest responsible bidder meeting the requirements of Bid No. 1412; and WHEREAS, on May 8, 2002, the City Council of the City of 1 Vernon approved the recommendation of the City Administrator/City 2 Clerk. 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 4 CITY OF VERNON AS FOLLOWS: 5 SECTION 1: The City Council of the City of Vernon hereby 6 finds and determines that the recitals contained hereinabove are true 7 and correct. 8 SECTION 2: The City Council of the City of Vernon hereby 9 awards Bid No. 1412 to Doble Engineering Company, Inc. and accepts and 10 approves the Equipment Purchase and Software License Contract, a copy 11 of which is attached hereto as Exhibit "A" and made a part hereof. 12 SECTION 3: The City Council of the City of Vernon hereby 13 authorizes the Mayor and the City Clerk to execute the Equipment 14 Purchase and Software License Contract on behalf of the City and 15 authorizes the issuance of a purchase order for the purchase of the 16 Relay Test Set pursuant to Bid No. 1412. 17 SECTION 4: The City Council of the City of Vernon hereby 18 directs the City Clerk, or his designee, to send one fully executed 19 Contract to: 20 Doble Engineering Company, Inc. Attn: Chrissy Aversano 21 85 Walnut Street 22 Watertown, MA 02472-4037 23 SECTION 5: All other bids in connection with Bid No. 1412 24 are rejected, subject to execution of the aforesaid contract documents 25 from Doble Engineering Company, Inc., accompanied by all required 26 certificates. 27 28 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 6: 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 19th day of June, 2002. ATTES BRUCE V. MALKENHORST, City Clerk EONIS C. MAL RG, M yor - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 7975, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, June 19, 2002, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk - 4 - EXHIBIT VA, No K 3 4 5 6 7 8 of 10 11 12 13 14 15 16' 17 18 19 20 21 22 23 24 25 26 27 . 28 EQUIPMENT PURCHASE AND SOFTWARE LICENSE CONTRACT THIS CONTRACT 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 June 2002, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN THE CITY OF VERNON (hereinafter referred.to as the "City") 4305 Santa Fe Avenue Vernon, CA 90058 AND DOBLE ENGINEERING COMPANY, INC., (hereinafter referred to as "Doble") 85 Walnut Street Watertown, MA 02472-4037 RECITALS WHEREAS, on March 5, 2002, the City requested proposals or bids for a multi -phase protective relay test set (the "Relay Test Set"); and WHEREAS, the equipment is needed by the City's Utilities Department for the testing and performance analysis of both electro- mechanical and microprocessor -based generation, transmission and distribution relays in the City's power system in order to maintain efficient operation of the various substations throughout the City; and WHEREAS, the City's request for bids is referred to as Bid No. 1412, a copy of the bid specifications (hereinafter referred to as the "Specifications") is attached hereto as Exhibit "A"; and WHEREAS, on March 21, 2002, Doble (c/o Young & Co,) submitted a timely bid (hereinafter referred to as the "Proposal") for the Relay Test Set pursuant to the Protective Relay Test Set specifications, a copy of which is attached hereto as Exhibit "B"; and r 1 WHEREAS, on March 21, 2002, the City opened the various 2 proposals received for the sale of the Relay Test Set identified in Bid 3 No. 1412; and 4 WHEREAS, Doble is the developer of and the exclusive source 5 for ProTesT Software; and 6 WHEREAS, the City desires to purchase the Relay Test Set from 7 Doble. 8 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET 9 FORTH HEREIN: 10 1. Purchase. 11 Doble agrees to sell and deliver to the City the Relay Test 12 Set pursuant to the City's Specifications and enter into a Software 13 License Agreement. It is understood and agreed that in the event of a 14 conflict between this Contract and Doble's Proposal, the terms of this 15 Contract shall prevail. City shall address its purchase order to Doble 16 c/o Young & Co., (Attn: Ray Harlow) 530 South Marengo Avenue, Pasadena,! 17 California 91101-3130. 18 2. Time of Performance. 19 Doble's performance shall commence upon the full execution of 20 this Contract and shall be completed by Doble within the time 21 identified in the Proposal, unless terminated or extended pursuant to 22 the terms of this Contract. 23 3. License Agreement. 24 City agrees to abide by the conditions contained in the 25 Software License Agreement attached hereto as Exhibit "C" and 26 incorporated herein by reference. 27 4. Price. 28 Consistent with the Specifications, Doble agrees to sell and 2 _ 1 deliver to the City, subject to final inspection by the City, the 2 Relay Test Set, and the City agrees to purchase the Relay Test Set 3 from Doble for the sum of Fifty -Seven Thousand Seven Hundred Sixty- 4 Five Dollars and No Cents ($57,765.00), including packing and handling 5 charges and excluding taxes. 6 5. Payment Terms. 7 The City agrees to pay Doble one hundred percent (100%) of 8 the total purchase price, net thirty days, after delivery and 9 acceptance of the Relay Test Set by the City FOB destination and 10 receipt of an invoice from Doble. 11 6. Change and Extra Services. 12 The City reserves the right to request changes in the 13 equipment design, delivery dates, or additions to or deletions from the 14 equipment purchased from Doble. All such changes shall be incorporated 15 in written change orders executed by the City and Doble that shall 16 specify the changes ordered and the adjustment of prices, delivery 17 schedules and warranties. Any equipment or services added to this 18 Contract, under this section, shall be executed under all applicable 19 conditions of this Contract. No claim for additional compensation or 20 extension of time shall be recognized unless contained in a duly 21 executed change order. 22 7. Cancellation/Default. 23 A. This Contract may be terminated by the City for its 24 convenience upon fifteen (15) days prior written notice and upon 25 payment of reasonable and proper termination charges, including, but 26 not limited to, all costs incurred or committed prior to the effective 27 date of notice of termination and all charges incurred by Doble in 28 connection with the termination, plus reasonable overhead and profit. - 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. In the event that Doble commits a breach of a material condition of this Contract, the City shall notify Doble in writing of said breach and if Doble has not cured or begun reasonable efforts to cure after fifteen (15) days of receipt of said notice, and fails to diligently pursue corrective action, then the City shall have the right to cancel this Contract. Doble shall be responsible for any direct costs due to the City's re -procurement of the equivalent of the equipment or services cancelled from Doble. 8. Confidential Information. A. Access to Confidential Information. The City may provide Doble with, or allow Doble access to, certain information not available to the public concerning, but not limited to the City, or businesses located in the City. The information may include, but is not limited to, company information, taxes, sales, value of assets, utility usage, or other such information. All such information shall be known as "Confidential Information" and may not be used to circumvent the responsibility of either party to this Contract. B. No Disclosure. Except as expressly permitted, Doble 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. Doble 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 Doble has performed all services to be performed pursuant to this Contract. Doble hereby agrees that such Confidential Information and any documents provided may be used by - 4 - 1 Doble only as authorized by the City. Doble shall take reasonable 2 measures to avoid any disclosure of any such Confidential Information 3 to any unauthorized person. 4 C. Court Ordered Disclosure. Doble shall immediately notify 5 the City of any court order or subpoena requiring disclosure of 6 Confidential Information, and shall cooperate with legal counsel in the 7 appeal or challenge of any such order or subpoena. Recipient may only 8 disclose' Confidential Information required to be disclosed pursuant to 9 court order or subpoena after legal counsel has exhausted any lawful 10 and timely appeal or challenge. 11 D. Remedies. In addition to any other remedies that it may 12 have at law or in equity, the City shall be entitled to a temporary and 13 permanent injunction by a court of competent jurisdiction against any 14 breach or threatened breach of the Confidential Information provisions 15 of this Contract. Doble acknowledges that in case of such breach or 16 threatened breach of said provisions, the City would have no adequate 17 remedy at law. 18 9. Warranties. 19 All manufacturers' warranties, any warranties typically 20 provided by Doble, and any other warranties made applicable by law 21 shall apply to the City's purchase of the Relay Test Set. Doble 22 warrants title to the Relay Test Set purchased hereunder and any part 23 thereof to be free of any claim of any security interest, lien or any 24 encumbrance. Doble also warrants that the Relay Test Set will be 25 delivered new and shall be free from defects in material and 26 workmanship for the warranty period. 27 10. Compliance with Laws. 28 Doble shall strictly observe and comply with all applicable 5 - 1 federal, state, and local laws, ordinances and regulations governing 2 this sale, including but not limited to any permit or license 3 requirements of the United States Department of Commerce, as well as 4 any laws of the United States of America that are in existence at the 5 time this Agreement is executed. In the event that any of the above 6 laws, ordinances or regulations governing this sale are enacted after 7 the execution of this Agreement, any additional costs that result will 8 be mutually agreed upon by the parties. 9 11. Governing Law. 10 The validity, interpretation and performance of this Contract 11 shall be controlled and construed under the laws of the State of 12 California. 13 12. Forum Selection. 14 Any action brought relating to this Contract shall be brought 15 and held exclusively in a State Court in the County of Los Angeles, 16 California. 17 13. Notices. 18 Notices to the parties, unless otherwise requested in 19 writing, shall be sent to: 20 City: THE CITY OF VERNON 21 ATTN: BRUCE V. MALKENHORST CITY ADMINISTRATOR 22 4305 SANTA FE AVENUE VERNON, CALIFORNIA 90058-0805 23 Doble: DOBLE ENGINEERING COMPANY, INC. 24 ATTN: CHRISSY AVERSANO 25 85 WALNUT STREET WATERTOWN, MA 02472-4037 26 27 28 6 - 1 14. General Provisions. 2 A. Independent Contractor. 3 At all times during the term of this Contract, Doble shall 4 be an independent contractor and shall not be an employee of the City. 5 The City shall have the right to control Doble only insofar as the 6 results of Doble services rendered pursuant to this Contract; however, 7 the City shall not have the right to control the means by which Doble 8 accomplishes services rendered pursuant to the Contract except to the 9 extent that such services involve the use of City property or 10 Confidential Information. 11 B. Doble Not Agent. 12 Except as the City may specify in writing, Doble shall have 13 no authority, express or implied, to act on behalf of the City in any 14 capacity whatsoever as an agent. Doble shall have no authority, express 15 or implied, pursuant to this Contract to bind the City to any 16 obligation whatsoever. 17 C. Indemnification. 18 Doble shall indemnify, defend, protect and hold the City 19 and its officers, agents and employees, free and harmless from and 20 against any and all claims, demands, losses, damages, liabilities, 21 fines, charges, penalties, orders, judgments and all costs and 22 expenses incurred in connection therewith, including reasonable 23 attorney's fees and costs of defense arising out of the services 24 performed under this Contract, except to the extent arising from or 25 caused by the sole negligence or willful misconduct of the City, its 26 officers, agents, employees or subcontractors. 27 D. Insurance. 28 Doble agrees to provide insurance in the amounts and forms - 7 - 1 2 3 4 5 6 7 8 9 10 11 12' 13' 14 15 16 17 18' 19 20 21 22 23 24 25 26 27 28 specified in Exhibit "D," which is attached hereto and made a part hereof by reference. Comparable coverage shall be provided for each subcontractor used in the performance of this Contract. Doble shall submit to the City documentation indicating compliance with these minimum requirements no less than one (1) day prior to the beginning of performance under this Contract. Roble shall not commence performance of its services under this Contract until the above insurance has been obtained and proof of insurance has been filed with and approved by the City. E. Assignment and Subcontracting Prohibited. No party to this Contract may assign or subcontract any right or obligation pursuant to this Contract without the express written consent of the other party. Any other attempted or purported assignment of any right or obligation pursuant to this Contract shall be void and of no effect. F. Entire Agreement. This Contract constitutes the complete and final expression of the agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements and supersedes all prior and contemporaneous offers, promises, representations, negotiations, discussions, communications and agreements which may have been made in connection with the subject matter hereof. All exhibits are incorporated by reference. Doble represents that in entering into this Contract, it has not relied on any previous representations or understandings of any kind or nature. G. Partial Invaliditv. Wherever possible, each provision hereof will be interpreted in such manner as to be effective and valid under applicable law, but 8 0 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 MA 24 25 26 27 28 lin case any one or more of the provisions contained herein will, for any reason, be held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective to the extent,.but only to the extent, of such invalidity, illegality or unenforceability without invalidating the remainder of such invalid, illegal or unenforceable provision or provisions or any other provision hereof, unless such a construction would be unreasonable or contrary to the intent of the parties as expressed in this Contract. H. Risk of Loss. Risk of loss or damage shall pass to the City and delivery shall be deemed to be complete upon delivery FOB destination or upon moving into storage at the City's request, whichever occurs first. I. Attorneys' Fees. In the event that it becomes necessary for either party to this Contract to enforce any of the provisions of this Contract, the parties agree that a court of competent jurisdiction may determine and fix reasonable attorney's fees to be paid to the successful litigant. J. Benefit of Agreement. This Contract shall bind and benefit the parties hereto and their heirs, successors, and permitted assigns. K. Force Majeure. Neither party shall be considered to be in default in any of its obligations under this Contract when a failure of performance shall be due to an uncontrollable force. The terms "uncontrollable force" shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightening, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor material shortage, sabotage, federal, state, or - 9 - 1 municipal action, statute, ordinance, or regulation, embargoes or the 2 United States Government or any other government, which by exercise of 3 due diligence such party could not reasonably have been expected to 4 avoid and by exercise to due diligence has been unable to overcome. 5 Either party rendered unable to fulfill any of its obligations under 6 this Contract by reason of an uncontrollable force, shall give written 7 notice within five (5) business days of such fact to the other party 8 and shall exercise due diligence to remove such inability with all 9 reasonable dispatch. 10 L. Waiver. 11 Any waiver at any time by either party of its rights with 12 respect to a default under this Contract, or with respect to any other 13 matters arising in connection with this Contract, shall not be deemed a 14 waiver with respect to subsequent default or other matter. 15 M. Amendment. 16 All changes or modifications to this Contract shall be in a 17 writing stating that it is an amendment to this Contract and shall be 18 signed by both parties or their duly authorized agents. This Contract 19 shall not be modified through course of dealing, usage or trade. 20 21 22 23 24 25 26 27 28 10 1 IN WITNESS WHEREOF, the parties have caused this Contract to 2 be executed by and through their authorized officers on the date, month 3 and year first written above. i 4 CITY OF VERNON 5 6 By LEONIS C. MALBURG, Mayor 7 ATTEST: 8 9 10 BRUCE V. MALKENHORST, City Clerk 11 APPROVED AS TO FORM: 12 13 14 EDUARDO OLIVO, City Attorney 15 16 DOBLE EQUIPMENT COMPANY, INC. 17 18 C� By: S 19 ' Title: \I/YV'UO t 20 21 By: 22 Title: 23 24 25 26 27 28 Protective Relay Test Set Specification 1. GENERAL The .requirements set forth hereinafter describe one protective relay test set, hereinafter referred to as "thc set", and shall apply to each protective relay test set furnished under this specification. The set shall provide basic functional testing of both electro-mecbanieal and microprocessor -based, generation, transmission and distribution relays. It shall be capable of being upgraded in hardware instrumentation, features/options and software, which provides for customization to meet various field and laboratory applications. The system shall be formed from independently operating components which provide full testing capability; voltage & current sources, timer/sensing, breaker simulation, logic outputs and logic inputs for single phase relaying. The independent components shall be capable of interfacing to form a system for more complex applications. All amplifiers shall be direct coupled and at power ratings to test high burden ground, directional ground and differential 13/M relays as well as full panels of relays. In order to achieve maximum power to test relays test system shall be provided with multiple current and voltage ranges. Control of the parametric values shall come from individual controls. The system shall be optionally capable of providing steady state, dynamic and transient testing from a software system. The system shall not exceed one instrument when frill three phase high power currents are required. The weight cannot exceed 45 lbs. The set shall provide variable voltage and current, precise phase angle control, wide frequency range, integral digital timer, and battery simulator. The set shall provide a three-phase wye connected voltage and three-phase wye connected current simultaneously, and two three phase wye current sources simultaneously. The set shall incorporate digital readouts of each applied source quantity. The display shall indicate both magnitude and phase angle of all applie&source quantities simultaneously. The set shall incorporate PC controls for varying the source output parameters, when in manual mode. The set shall accommodate a PC based automated testing program. If required in the appendix, the bidder will provide all necessary equipment to replay dynamic or transient fault records generated by EMTP simulation, or actual Digital Fault Recorder files through relay test set. If required in the appendix, the test set will include all equipment necessary to perform satellite synchronized dynamic or transient testing with a remote location. Supplier shall supply sufficient equipment to interface with the complete three-phase wye connected current and voltage test set. C00 0 HHa l r F NOMHaAA d0 AIIa 6Z6L T85 CZC Xvd 60 e CT ZOOZ/TO/50 The set shall be capable of testing all types of impedance replays, phase comparison relays, directional overcurrent relays, overcurrent relays, over and under -voltage relays, differential relays, high impedance bus differential relays, over and under frequency relays, and voltage or current negative sequence filter networks - The set shall be modular in design, capable of providing a single three-phase voltage and current test system., as well as, three single-phase voltage and current test sets. The supplier shall be ISO-9001 Registered. The set and software shall be Y2K compliant. 2. PROTECTIVE RLAY TEST SET: The set shall be comprised of Direct Coupled Power System Simulators of stand- alone minimized modular design. A. GENERAL SPECIFICATIONS: (1) Output Voltage: The set shall be capable of providing independently varying voltage sources capable of meetbig or exceeding the detailed specifications given in Subarticle 2b of this division. Note all AC values are given in RMS. (2) Output Current: The set shall be capable of providing independently varying current sources capable of meeting or exceeding the detailed specifications given in Subarticle 2b of this division. Note all AC values are given in RMS. (3) DigitalTimer: The set shall incorporate eight independent timer units capable of monitoring the status of relay contacts, SCR operation, or presence of AC or DC voltage. Note all AC values are given in RMS. (4) Transient Rating: The set shall be capable of outputting the transient output source, for a maxinitun of l !a seconds, with no less than a %2 second delay and no more than a one -second delay between transient requests. (5) Monitoring Circuit: The set shall incorporate monitoring circuitry capable of giving an audible and visual indication of contact opening or closure. Note all AC values are given in RMS. (6) Dis la . The set shall provide a display of the output voltage, current, and phase angles. The display will remain active when the set is under automatic computer control. 600[ HHaq r f NONUHA d0 2UIO — �Z6L i8S CZ£ Xvd 00:£i ZOOZ/i0150 (7) Comuliance Voltage: The set's current sources shall have a high VA rating to test high impedance ground over current relays and voltage operated bus differential relays. Note all AC values are given in RMS. (8) Programmable .Automatic Relay Test System: If requested in the appendix, the set shall be capable of automatic relay testing_ The hardware interface between the set and the controlling computer shall consist of one or more of the following methods: a_ RS-232, serial connection. b. BNC Ethernet c. Sync interface to additionaltest sets The specified panel controls shall be the primary interface to the relay test set and not the Programmable Automated Relay Test System interface. All hardware necessary to connect from the set to a controlling computer using one or more of the above interfaces shall be provided. The minimum cable distance shall be at least six feet. Software shall be provided to facilitate static, dynamic, and transient testing. Static testing shall consist of complete control of all test set quantities and the ability to change those necessary to test various types of relays. These relays include but are not limited to impedance replays, phase comparison relays, directional overcurrent relays, overcurrent relays, over and under voltage relays, differential relays, high impedance bus differential relays, and voltage or current negative sequence filter networks. Dynamic testing shall consist of the ability to control the output of the set on a cycle -by -cycle basis. There shall be multiple states for pre -fault, fault, and post -fault testing. The dynamic software shall also have the ability to be synchronized to a satellite receiver and initiated at a specific satellite time. Transient testing shall consist of the ability to produce power system wareforms from; Digital Fault Recorder or Relay oscillography records, Electromagnetic Simulation Program, and Comtrade files. Logic output shall be Programmable on sample -by -sample file or file channel. Logic input shall be capable of triggering a jump to a user -specified sample. The transient software shall also have the ability to be synchronized to a satellite receiver and initiated at a specific satellite time. (1) Battery Simulator: If required in the appendix, the battery simulator shall be capable of meeting or exceeding the detailed specification given in Subarticle 2b of this Division. (10) Analog Output Configuration: The test set shall be capable of the following configurations from a single box: Six voltage channels Six current channels 5000 dHSt t F MONMHA d0 2UID �Z6L T99 M YVA 60:9T ZOOZ/TO/50 - Four voltage with four current channels (I1) Status Inputs: The set shall provide eight user selectable status biputs. A means to program system triggers by use of a Boolean logic expression shall be provided_ (12) Contact Outputs: The set shall provide eight user selectable contact outputs. (13) Contact Outputs: The set shall provide eight user selectable contact outputs. A. DETAILED SPECIFICATIONS: NOTE: THE FOLLOWINTG DETAILED SPECIFICATIONS ARE ON A PER PHASE BASIS. THE NUMBER OF PHASES NECESSARY IS GIVEN IN PART 1 OF THE GENERAL INFORMATION. (1) Outtut Voltage: (a)� Potential Source: AC Voltage: Continuous Rating: 150 VA at range maximums up to 300 Volts AC. DC Voltage: Continuous Rating: 150 VA at range maximums up to 300 Volts DC. (b) Amplitude Accuracy: f0.5% of output voltage. (c) Phase Accuracy 0.2 degrees of desired phase angle. (d) Noise: -80 db of range at 50.60 Mertz. (e) Ste: Output stable in all four quadrants -load power factor from 1 to -1 through zero lead or zero lag. (f) Frequency R.esolutaon/Range: 0.001 Hz from 0.1 to 99.999 Hz with 1 Hz resolution up to 2 kHz. (g) Harmonic Capability: Harmonics of Internal or Line Frequency up to 20, Harmonic. 9000 ggd'I t <- moNuaA do A.LIo ML T8S CZC %V'd OT:CT ZOOZ/To/so (h) Electrostatic Discharge hLn unity: As per ZEC 801A (i) Surge Withstand Capability: As per ANSYMEE C37.90. (j) Distortion: Low distortion sine waves; total harmonic distortion should not exceed 2% at 50/60 Hz. Typical value should not exceed 0.2%_ (1) Output Current* (a) R.atim AC Current: Continuous Rating: 450 VA at range maximums up to 90 Amps AC. Transient Rating (1.5 seconds): 675 VA at range maximums up to 180 Amps AC. DC Current: Continuous Rating: 450 VA at range maximums up to 60 Amps DC. Transient Rating (1.5 seconds): 675 VA at grange maximums up to 120 Amps DC. (b) Amplitude Accuracy: 0.5% of output voltage- (c) Phase Accuracy: 0.2 degrees of desired phase angle. (d) Noise: -80 db of range at 50.60 Hertz. (e) Stabilit :Output stable in all four quadrants -load power factor from. 'to-' through zero lead or zero lag. ( Frequency Resolution Range: 0.01 Hz from 0.1 to 99.999 Hz with l Hz resolution up to 2 kHz. (g) Himont Capabl.h_yt : Harmonics of Internal or Line Frequency up to 20t' Harmonic. (h) Electrostatic Discharge Imm—unilK, As per MC 801A (i) Surge Withstand Capability: As per ANSUYEEE C37.90. (j) Distortion: Low distortion sine waves; total harmonic distortion should not exceed 2% at 50/60 Hz. Typical value should not exceed 0.2%. (1) Digital Timer: LOOO NQN2I3A d0 2UID - -� 6Z6L TH M %V3 0T:9T ZOOZ/TO/50 f (a) Senses dry contact closing. (b) Senses dry contact opening. (c) Senses application of AC or DC voltage- (d) Separate start and stop gates for tuner control. (e) Timer shall have the capability of using inputs as state change triggers to provide total control of state transitions under dynamic and transient type testing. (f) Three Auto -ranging Digital Timers with 0-999.9 ms/sec/cycles range. It should also display GPS time. Accuracy of timer should be: f 0.01 % of reading; (1) Contact Outputs: The set shall provide eight user selectable dry contact outputs. (a) Input Voltage: 250 AC/DC (b) Switching Current: 0.5 Amps rnake/break (c) Response Time: 0.1 millisecond maximum pick up and drop out (d) Isolation: 500 Volts Peak (1) Monitoring Circuit: The set shall incorporate monitoring circuitry capable of giving an audible and visual indication of contact opening and closure. (a) Senses dry contact closing and closing (b) Senses application of AC or DC voltage. (c) Response Time: 0A millisecond maximum.. (1) Dim The set shall display simultaneously all magnitudes and phase angles for each output quantity and measurement value. These quantities displayed, sha11 be visible on the test instrument and correlate with outputs. The units of measurement for the quantity displayed shall be clearly indicated on the test set. 800 In HHH I t NONHaA 90 UID -- PUL TH M XVA OT : ET ZOOZ/TO/SO The display shall be comprised of high intensity lettering that is not easily susceptible to glare and distortion. (2) Programmable Automatic Relay Test System In addition to the specifications given under general specifications, the following requirememts apply. (a) Shall be compatible with IBM compatible computers. (b) Shall operate under WINDOWS 95 or higher operating systems- (c) Bidder shall famish a list of relays with complete testing routines that will be furnished with software program. List shall indicate relay type and originator or submitting organization. (d) Transient replay capabilities shall meet or exceed the ability to replay 256,000 16-bit samples of transient wareform coefficients per channel. (e) Test program shall be capable of executing static, dynamic, and transient tests consecutively without stopping to load data ill -between. (f) The timer portion of the test set shall be capable of starting on any sample point of the transient record, for measuring relay operating time. (g) Software shall be capable of storing multiple transient conditions and long- term power swing simulations. (h) Software system that will control the system and provide database capability; store, retrieve, query, report, graphics and communications functions. Separate SQL server to ensure database integrity. (i) Software for the playback of digital fault recorder, EMTP and relay oscillography transient files in COMTRADE format. V) Database scalable for network access and shared use. (k) User customized relay test plans and test -results history. (1) Optional Power System Model to create realistic dynamic state tests. (m) Test activity reports that can be saved in MS Word document format. (n) Graphical data plots. (o) Windows Explorer style view of database tree, with Find function. (p) Easy -to -use menus with a choice of a mcnu bar and a tool bar for easy access to options and functions. (q) Windows 95 On-line Delp to provide quick how-to task -oriented procedures, and reference information. (r) Facility for synchronization to GPS satellites for time coordivatioD (1) Battery Simulator: (a) DC voltage output selectable between 48, 125, and 250 volts. (b) Rating of at lease 60 watts continuous, with high starting current Capability- (c) Output voltage shall be within + 10% of rating at all ranges- (d) Selection of voltage and application can be, controlled both manually and through the provided automated relay testing software. 600[a HHal r E- moxuaA d0 AII3 6Z6L T85 CZC XVa OT:CT ZOOZ/TO/sO (e) 50/60 Hz ripple shall be less than 0.2% of reading. (f) Switching noise shall be less than 5% of reading, peak to peak up to 30 kHz. (1) Enclosure:High impact, molded, flame retarding AIDS -suitable to withstand severe shock and vibration. ADDITIONAL GENERAL CONDITIONS 1. Guarantee: The Contractor shall guarantee for a period of one year after final payment for all protective relay test sets that all equipment, materials, and workmanship of all protective relay test sets shall be free from defects. It shall be assumed for purposes of this clause that final payment is the date of the check thereof: The Contractor shall repair or replace, F.O.B. contract delivery point, all such defective equipment, materials, or workmanship. 2. Payment: The contract price and all applicable sales or use takes will be paid within 30 calendar days after complete delivery of the prot4ective relay test sets and receipt of the invoice. 3. Invoices: The invoice shall show in computational form (a) the contract price, (b) plus the sales or use taxes, (c) the resulting total liability. a. Form, and Delivery -Invoices shall be submitted in triplicate to the Chief Accounting Employee: Company Contact Address City, State, Zip Code Phone Fax Email Each invoice shall show the contract number and the vendor code number, and the serial number or other identification of each unit of equipment covered by the invoice. 1. Letters to the Department: All inquires relating to these specifications prior to award of contract shall be addressed to the Purchasing Agent. Company Contact Address City, State, Zip Code Phone Fax OIO[2] UHH'I P <- NONHEIA dO AfI 6M T85 M XV3 TT: CT ZOOZ/TO/50 Email 5. After award, all letters pertaining to performance of the contract shall be addressed as follows: Company Contact Address City, State, Zip Code Phone Fax Email 6. INSURANCE REQUIREMENTS: Provide proof of insurance as follows: INSURANCE SCHEDULE The Supplier shall provide proof of insurance, including a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): I Coverage and Limits _ _Hazards Automobile Liability Owned Automobiles Mired Automobiles Non -Owned Automobiles Workers' Compensation Employers' Liability 11. General and Professional Liability General Liability_ Premises Operations Elevators (if applicable) Independent Contractors Products —Completed Operations Contract Liability Professional Liability Bodily Injury Property Damage Each Person. Each Accident Each Accident $500,000 $1,000,000 $500,000 $1,000,000 $500,000 $1,000,000 Statutory $1,000,000 per employer $1,000,000 $1,000,000 $1,000,000 $1,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $500,000 $500,000 $500,000 ;. 1,000,000 $1,000,000 $1,000,000 !00 0!0 $1,000,000 $2,000,000 TTO[2] HHT1 1' f KoKusA io 91.I5 VZ6L T85 £Z£ XV3 TT:ST ZOOZ/TO/S0 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: 1. An endorsement naming the City of Vernon, its officers, and employees as insureds under the policy. notice of 2. An endorsement providing the City of Vernon thirty (30) days cancellation or material reduction of coverage. agreement, 3. An endorsement providing coverage for all operations under this ag 4. Such other endorsement as may be required by addendum hereto. b. In additionto the standard certificate of insurance, proof of general and professional liability coverage shall be furnished in the form checked below. Onl certification of the followin roofs will be acce ted- X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and statements in the standard certificate of insurance (attached thereto) are true and correct and that the signator is an officer authorized to so p of each policy certified by an officer of the underwriter or carrierand A copy ,® notarized. ZTOQ] NOIMHA 30 .UL) VIOL T8S M XVd TUCT ZOOZ/TO/50 I REQUEST FOR QUOTATIONS NOT A PURCHASE ORDER DIRECT ALL INQUIRIES TO CITY PURCHASING AGENT TELEPHONE (213) 583-8811 CITY OF VERNON, CALIFORNIA PURCHASING DEPARTMENT CITY HALL 4305 Santa Fe Ave. - Vernon, California 90058 TO Ray Harlow c/o Young & Co., r13A C, Pasadena, CA 91101-3130 FOR CITY USE ONLY 1 QUOTATION NO. DATE MAILED 03/05/02 REC'D BY C17Cu, /i OPENED r BY Y/ x Please quote hereon the lowest net price you can furnish the articles or services specified below. Quote on each item separately. Bidder may qualify quotations as "all or none by stating so on body of form. City reserves the right to acceptor reject quotations received on any or all items. In order to maintain their name on City's Bidder File. Vendor should rra..rn th;c i. r. QUANTITY D E S C R I P T I O N NET UNIT PRICE TOTAL 1 Multi -phase protective relay test set, as per City of Vernon 5~1) 65 Utilities Department specifications enclosed. Please direct any questions or comments regarding this bid to Otis Smith, Electrical Engineer @ (323) 583-8811, extension 212 during the hours of Monday thru Thursday 7:00 a.m. - 5:30 p.m. ************PLEASE NOTE********* Bid number must be shown on the outside of the return envelope, otherwise bid will not be accepted. ��rL0.5Z S� Q acnu(� o4 r �t2�5 �nt�v�KA IF INSUFFICIENT SPACE PROVIDED ABOVE FOR PROPOSAL, ATTACH RIDER OR SUPPLEMENT. CASH DISCOUNTS QUOTED FOR PERIODS OF LESS THAN 30 DAYS WILL NOT BE CONSIDERED WHEN ORDER IS AWARDED. BIDS RECEIVED IN RESPO�1$E T� t0 THIDAY OFEST � r°c�OTATION WILL BE OPTtJ1�D I IA PURCHAS NG AGENT'S OFFICE ON THE / l InTC. r1.._._ _ .__- _��z a/ )l1Y ---I_. .- 1— .axes. A. Indicate Sales Tax in this space3....................•--_____._._...____._____ B. Indicate Excise Tax irl this space $ ....................................... C. Above quotations subject to Cash Discount of.>----_______.•-------------------%, F.O.B.. D. To be delivered to CITY OF VERNON at__•_______--___ --------------------------------------------- we (1) agree to furnish above in ..35__ `)�- ----------- days from receipt of purchase order at prices specified. G D, Q. ,, o c y Q` FOR._ 1�R.s i� �Oib! v` Q l(iVEC"��v ...-•-•...--- -----••----- -------- irm Ne^ J DATE......................... —� Z tt ��Cy-✓ '�JC7 V --------------------- SIGN HERE ..... MAIL TO PURCHASING DEPT. PRICE QUOTATION www.doble.com s "S. Dob/e Enqineerinq Companv 85 Walnut Street Wart rPnu,n AAd d9..,,., n979_dn7 i IQA DA- .e471 n) wnnn C.. IAC471 floc naea � I` To: City of Vernon, California Purchasing Department 4305 Santa Fe Ave Vernon, CA 90058 QUOTATION NUMBER ; Please Refer To This Number ;<__= when ordering DB193-1 Quote Generated On FYour Reference # 03/15/02 1412 u- Attention: Purchasing Agent 0 Proposed Ship Date Recommended Carrier 5-6 Weeks ARO I UPS Phone / Fax Number: 213.583.8811 / Terms Method Of Payment Net 30 Days FOB Watertown, MA 02472 Open Account Note Quotation Is Valid Until: May 14, 2002 ���n, tq 1 1 F6150 Three Phase Power System Simulator 43,000 $ 43,000 1 1 - F6810 High Pwr Convertible VI Sources 3,900 $ 3,900 1 1 - F6910 Simulator Control & Auto Module 5,000 $ 5,000 2 1 ProTesT Plan Z - Distance Relays 2,025 $ 2,025 3 1 ProTesT Plan I - Current Relays 1,735 $ 1,735 4 1 ProTesT Plan V - Voltage Relays 675 $ 675 5 1 ProTesT Plan F - Frequency Relays 11000 $ 11000 Notes: All Prices Are In U.S. Dollars. presentative In Your Area Is: Ray Harlow Young & Co. 530 S. Morengo Ave. Pasadena, CA 91101-3130 PHONE:626.795.9955 FAX:626.683.3232 rharlow@youngco.com Sub] otal $ 57,335 Packing,& Handling Charge $ 430 Quoted Price $ 57,765 Authorized Signature M,wa�,, NV iRev 1.9.4 - Exp Date 12131 /02 Roble hardware and software products are supplied in accordance with Doble's General Conditions of Sale, Limited Warranty, and Software License Agreement. Doble Test instruments are supplied complete with instruction manuals and all cables necessary for the ordered configuration. Page 1 of 1 _ Doble Engineering Company Diagnostic Products and Service for the Electric Power Industry Since 1920 TERMS AND CONDITIONS OF SALE A pplicable Terms and Conditions ms and conditions stated below apply, unl t or additional terms and conditions are ted or in the Doble Engineering Compa (hereinafter to "Doble") proposal, and suc and ns su ede any prior or con[ poraneous ents or co pondence be the parties. In this uch differen additional s and conditions exclusive as to e p lar subject covered inposal. Doble hereby gives noti of i jection to any different or additional terms an onditions. this is any acceptance of an of made by Purc er, Doble's acceptance is ex 1y [Wade condition n Purchaser's assent to the to s, and conditions stated w. If not previously . en, Purchaser's acceptance of pr ct is conclusiv to this assent. software products are furnished subject to a sep agreement provided by Doble and executed by 2. Quotations Each quotation is valid for 30 days from its date unless otherwise stated in the quotation. ices Pric a subject to change wit tice. Unless otherwi cified prices wi the prices in effect at the tithe of ship m y Do nd will include freight prepaid and allowed to the destination in the continental United States. e e t of a price change, the effective date of the ge will be ate shown on the new price sheets. wever, where a price ge is made by letter or tele , the effective date tray be as part of the 4. Taxes The price does not include any Federal, state, or local property, license, privilege, sales, use, excise, gross receipts, or other like taxes which may now or hereafter be applicable. Payment by Doble of any such taxes shall be for the account of the Purchaser. erns of Payment 5.A. t terms are net 30 days from 5.B. If, in thejudgmenN ON tnancial condition of Purchaser at any time ivery does not justify the te>in pa ifred, th a may require paymce or cancel any outs order, whereble shall be entitled to receiver nable 85 Walnut Street, Watertown, MA USA 02172 llation charges. If delivery is �elayed rchaser, pa shall become due ontheda is prepared to make dell Delays in delivery n-conformities in any installnt'P 1 not reli rchaser of its obligation to accept and pay fo g installments. 6. Delivery Unless oche specified, all prods shipped F.O.B. point of s trtcnt, regardless of transportatio s being "allo " "prepaid" or "collect." 6.A. Cartage (Store Door Delivery): Transportation charges incurred from the nearest accessible common carrier point to final destination are the responsibility of the Purchaser unless the common carrier furnishes store door delivery at no extra charge. 6.11. Method of Shipment: Shipping dates are approximate and are based on receipt of complete information with the order. Doble will determine the point of origin of shipment, the method of transportation, and the routing of shipment. 6.C. Inspection and Acceptance: Purchaser has a reasonable time after receipt of the product to inspect and reject or accept the product. In any event acceptance will be deemed to have occurred no later than 30 days after shipment. 7. Force Majeure Doble shall not be liable for failure to perform or for delay in performance due to, any cause beyond its reasonable control, or fire, Flood, strike or other labor difficulty, act of God, act of governmental authority or of the Purchaser, riot, embargo, fuel or energy shortage, car shortage, faulty castings or forgings, wrecks or delay in transportation, or inability to obtain necessary labor, materials or manufacturing facilities from usual sources. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 7A. Penalty ClausesUquidated Damages Doble will not accept any penalty or liquidated damage clauses of any kind, written or implied, or any liability arising from such clauses, unless specifically approved in writing by a duly authorized representative of the Company. revised: 8/19/98 Tel. (617)-926-4900 Fax. (617)-926-0528 http://Wwwdoble.com 8. Warranty Disclaimer and Limitation of Remedies 8A. The Warranties set forth below are exclusive and in lieu of all other Warranties whether statutory, express or implied (including all Warranties of merchantability and fitness for particular purpose and all Warranties arising from course of dealing or usage of trade), except title and patent infringement. S.B. The remedies provided below are the Purchaser's sole remedies for any failure of Doble to comply with its obligations. Correction of any non -conformity in the manner and for the period of time provided below shall constitute complete fulfillment of all the liabilities of Doble whether the claims of the Purchaser are based in contract, in tort (including negligence or strict liability), or otherwise with respect to or arising out of the product or service furnished hereunder. S.C. Standard Warranty Doble warrants that the products manufactured by it will be of the kind and quality described in its specification and will be free of defects in workmanship and material. S.D. Remedy: During the one-year warranty period, Doble will repair or replace, at its option, any defective products or components thereof at no additional charge, provided that the product or component is returned, shipping prepaid, to Doble. The Purchaser is responsible for insuring any product or component so returned and assumes the risk of loss during shipment. All replaced products and components become the property of Doble. THIS LIMITED WARRANTY DOES NOT EXTEND TO ANY PRODUCTS WHICH HAVE BEEN DAMAGED AS A RESULT OF ACCIDENT, MISUSE, ABUSE, OR AS A RESULT OF MODIFICATION BY ANYONE OTHER THAN DOBLE OR AN AUTHORIZED DOBLE REPRESENTATIVE. EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, ARE MADE WITH RESPECT TO THE PRODUCT INCLUDING, BUT NOT LIMITED T0, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DOBLE EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN. IN THE EVENT THE PRODUCT IS NOT FREE FROM DEFECTS AS WARRANTED ABOVE. THE PURCHASER'S SOLE REMEDY SHALL BE REPAIR OR REPLACEMENT AS PROVIDED ABOVE. ,...,0 4*t._._ P R S.E. Products supplied by Doble but manufactured by others are warranted only to the extent of the manufacturer's warranty. 8.F. Title Warranty Doble warrants that the product supplied hereunder will be delivered free of any and all rightful claims, demands, liens or encumbrances. In the event of a breach of warranty, Purchaser shall promptly notify Doble and Doble, at its expense, will defend the title to any affected product or part and if unsuccessful will promptly provide to Purchaser at no cost, replacement parts or equipment which complies. with this warranty. 9. Patent Infringement 9.A. Doble shall, at its expense, defend any suit brought against Purchaser based on a claim that any Product furnished by Doble pursuant to this Agreement constitutes an infringement of any Unitcd States patent, and Doblc shall pay all judgments and costs recovered against Purchaser in any such suit and shall reimburse Purchaser for costs or expenses incurred by Purchaser in the defense of any such suit, provided that Purchaser gives Doble prompt notice of such suit, reasonable assistance in the defense thereof, and full opportunity to control all aspects of the defense thereof, including settlement. In the event such Product is held to constitute infringement, and the use of the Product is enjoined, Doble shall, at its option, procure for Purchaser the right to continue using the Product; replace it with noninfringing Product; modify it so it becomes noninfringing; or remove the Product and refund the portion of the Contract Price applicable thereto, including the transportation and installation thereof. 9.13. Doble's liability for patent infringement shall not apply to: (i) Patented processes performed by the Product or another product produced thereby; (ii) Products supplied according to a design other than that of Doble and which is required by the Purchaser; or (iii) Modifications of the Product or combinations of the Product with another product not furnished by Doble. 9.C. THE FOREGOING PARAGRAPHS 9.A AND 9.B STATE THE ENTIRE LIABILITY OF DOBLE FOR PATENT INFRINGEMENT BY ANY PRODUCT FURNISHED PURSUANT TO THIS AGREEMENT 9.D. If a suit is brought against Doble on account of (i) any patented processes performed by the Product or with respect to another product produced thereby, (ii) Products supplied according to a design other than that of Doble and which is required by the Purchaser, or (iii) modifications of the Product or combinations of the Product with another product not furnished by Doble, Purchaser shall indemnify Doble in the same manner and to the same extent that Doble would indemnify Purchaser pursuant to paragraph 9.A. revised: 8/19/98 1 imitation of Liability Dob is contractors and suppliers of ter, shall not be liable in tract, in tort (negligen r strict liability) or otherwise fo mage or' r loss o er property or equipment, loss rofits evenue, loss of use of equipment or power m, cost of capital, cost of purchased or repl wer or temporary equipment (i ing additi I expenses incurred in using existing f ties), claims of cu ers of the Purchaser, or for an ecial indirect, incidental, sequential da s'cs whatsoever. The remedies of the Purchaser set forth herein are exclusive and the total cumulative liability, of Doble with respect to this contract, or anything done in connection therewith such as the performance or breach thereof, or from the manufacture, sale, delivery, resale, or use of any product covered by or furnished under the contract, whether in contract, in tort (including negligence or strict liability) or otherwise, shall not exceed the price of the product or part on which such liability is based. form. arkinL, Out of the tran_..,.._,.n..._ �. •1.:.. e- - - r•�ntt�.t rF ra trrs 11. Transfer In the event Purchaser transfers to a third party any product supplied hereunder or any right or interest therein, Purchaser agrees to indemnify, defend and save Doble harmless from any and all liability of Doble to such transferee or any subsequent transferee in excess of what Doble's liability would have been if such transferee had hLcn bound by these Conditions of Sale in the same manner as Purchaser. 12.1-itle-Risk of Loss "Ilic product sold shall remain the property of Doble and shall remain personal property until fully paid for in cash. and the Purchaser agrees to perform all acts which may be necessary to perfect and assure retention of title to such product by Doble. Risk of loss of the product, or any part of same, shall pass to the Purchaser upon delivery of such product or part at the designated delivery (F.O.B.) point. I.I. Contract Variations 13A. Termination By Purchaser Any order or contract may be terminated by the Purchaser only by written notice and upon payment of reasonable and proper termination charges, including but not limited to all costs identified to the order or contract which have been incurred up to the date that notice of termination is received. A reasonable amount for overhead and profit and any additional costs resulting from the termination and 10% of the final net price will be included in the termination charges to compensate for disruptions in scheduling, planned production, and other costs. Payment shall be made within 15 days from date of invoice. 13B. Suspension By Purchaser Any orders held or delayed or rescheduled at the request of the Purchaser will be subject, at Doble's option, to the prices and conditions of sale in effect at the time of the release of the hold or the reschedule. Any such order held, delayed, or rescheduled beyond a reasonable period of time may be treated by Doble as a Purchaser termination. 13C. Delayed Shipment When products are ready for shipment and shipment cannot be made because of reasons beyond Doble's control, Doble shall submit an invoice for such product payable upon receipt thereof and shall, upon written notice to the Purchaser, store such products. In such event, the following conditions shall apply: Risk of loss of the product shall pass to the Purchaser upon moving such product to storage. All expenses incurred by Doble in connection with the storage of products, including demurrage, the cost of preparation for storage, storage charges, insurance if placed, and handling charges shall be payable by the Purchaser upon submission of invoices by Doble. 13D. Cancellation By Doble Doble shall have the right to cancel at any time by written notice for any material breach of the contract by the Purchaser. en a by 15. Product Notices Purchaser shall provide all users of the product (including its employees) with all Doble supplied product notices, warnings, instructions, recommendations, and similar materials. e parties ereun er s a IW _lV( ttartv3uaL•^ 17. Indemnification le shall, subject to the provisions of oawo (Limn f Liability), indemnify ands a purchaser harmless for,Th.Qkly for, claims of " parties for physical damage top arson, injury, including death, occurring duri p ante of the work hereunder on raises of the pu nd resulting directl solely from the negligence of the iee s of e while engaged in such work. Doble shall, with respect to such work, comply with the provisions of the Applicable Workmen's (Workers') Compensation Act. revised: 8/19/98 DOBLE ENGINEERING COMPANY LIMITED WARRANTY Doble Engineering Company (DOBLE) warrants the products that it manufactures to be free from defects in materials and workmanship for a period of one year from the date shipped from the factory. During the one-year warranty period, DOBLE will repair or replace, at its option, any defective products or components thereof at no additional charge, provided that the product or component is returned, shipping prepaid, to DOBLE. The Purchaser is -responsible for insuring any product or component so returned and assumes the risk of loss during shipment. All replaced products and components become the property of DOBLE. THIS LIMITED WARRANTY DOES NOT EXTEND TO ANY PRODUCTS WHICH HAVE BEEN DAMAGED AS A RESULT OF ACCIDENT, MISUSE, ABUSE, OR AS A RESULT OF MODIFICATION BY ANYONE OTHER THAN DOBLE OR AN' AUTHORIZED DOBLE REPRESENTATIVE. EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, ARE MADE WITH RESPECT TO THE PRODUCT INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DOBLE EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN. IN THE EVENT THE PRODUCT IS NOT FREE FROM DEFECTS AS WARRANTED ABOVE, THE PURCHASER'S SOLE REMEDY SHALL BE REPAIR OR REPLACEMENT AS PROVIDED ABOVE. i TAui C 10 TF -P PiTRi—Q-4 .4w er—W-9_Rr�.� DOBLE ENGINEERING COMPANY 85 WALNUT STREET WATERTOWN. MA 02172-4037. USA PNONE(617) 926-49W FAX(617) 926-0526 EXHIBIT C . . 1 DOBLE ENGINEERING COMPANY ProTesTTM Software License Agreement Doble Engineering Company (Licensor) is the developer of and the exclusive source for ProTesTTM Software. Licensor provides ProTesTTM Software products under Licenses to be used exclusively by the company (Purchaser) which purchased them directly from Doble or from a Doble authorized dealer. Purchaser assumes all responsibility for the selection of the software product in order to achieve the Purchaser's intended results, and for the installation , use, and results obtained from the software product. LICENSE Purchaser may: 1. Use this software product on any IBM PC compatible computer owned or used by Purchaser. 2. Make as many copies into any machine-readable form for backup or multiple use as required in support of Purchaser's internal use of the software product. 3. Authorize his employees to use the software product. Purchaser shall not: 1. Modify the software product or merge it into anotherprogram. 2. Transfer the software product and/or sublicense it to any company or individual. Purchaser must reproduce and include any copyright notice in every copy of the software product. This license is automatically terminated if Purchaser transfers the software product and/or sublicense's it to another company or individual TERM This License is effective for ten (10) years and may be reissued by mutual agreement. Purchaser may terminate this License at any time by destroying the software product, together with all copies in any form. The License will also terminate is Purchaser fails to comply with any terms, provisions, and conditions of this Agreement. Upon such termination Purchaser agrees to destroy the software product, together will all copies in any form. \pthcag.doe MKT-40 rev. 7/6/98 REGISTERED USER The Registered User is an employee of the Purchaser designated to receive software product and all documentation supporting its application. The Purchaser must designate one Registered User. Additional Registered Users may be designated at the then current fee. Each will receive an additional copy of the software product documentation supporting its application. UPDATES Registered Users may obtain Updates, if any, to the software product upon execution of this License Agreement by the Purchaser. Registered Users will be notified by mail when updates are available. Doble will provide them Updates without charge during the twelve (12) months following execution of this Agreement. Upon expiration of the twelve (12) month period, a Software Maintenance Agreement providing contiguous service is available to each Registered User on an annual contract basis. PATENT, COPYRIGHT, TRADEMARK OR TRADE SECRET INFRINGEMENT PROTECTION Licensor shall at its own expense, defend any suit or proceeding brought against Purchaser based on an allegation that any materials, equipment or services, or any part thereof furnished hereunder, or use thereof for their intended purpose, constitute an infringement of any claim of any patent, copyright, trademark or trade secret provided PURCHASER notifies Licensor in writing. Licensor shall (1) pay all damages and costs (including reasonable attorney's fees) awarded in such suit or proceeding and (b) indemnify Purchaser against any costs and expenses incurred by Purchaser, including expenses of providing information and assistance to Licensor for the defense of said suit or proceeding, resulting from or arising out of such suit or proceeding. If the materials, equipment and services, or any part thereof or any use thereof for their intended purpose, as a result of any suit or proceeding so defended, are held to constitute infringement of any patent, copyright, trademark or trade secret, or their use by Purchaser is enjoined, Licensor shall at its option and at no cost to Purchaser, either procure for Purchaser the right to continue using said materials, equipment and services, or any part thereof, or modify or replace them so that they become noninfringing but remain substantially equivalent. LIMITED WARRANTY Doble warrants that the software will perform in compliance to the written materials accompanying the software for a period of twelve (12) months after the date of this agreement, when said software is properly used on a computer and with Doble's F2000 Instruments for which it was designed. If the software fails to perform as provided above and Purchaser so advises Doble -in writing within the twelve (12) month period, Doble shall correct said software at its expense. Alternatively, Purchaser may return the software and accompanying materials, and Doble will refund a pro rata portion of the purchase price. This warranty is in lieu of all other warranties, expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply. This warranty gives Purchaser specific legal rights and you may also have other rights which vary from state to state. Excerpt as provided in the infringement protection paragraph and except for the corrective action provided due to a breach of warranty, in no event will Doble be liable to Purchaser for any damages, including any lost profits, lost savings or other incidental or consequential damages arising out of the use or inability to use such software product even if Doble or an authorized dealer has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply. GENERAL Purchaser may not sublicense, assign or transfer the License or the software product. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations will void this License. This LICENSE Agreement and the privileges, responsibilities, obligations, and liabilities of the parties shall be governed by laws of said Commonwealth of Massachusetts, U.S.A. This Agreement shall be deemed to have been entered into, wholly performed In, and executed in the Commonwealth of Massachusetts. This License Agreement is prepared in duplicate. Please execute one and send it directly to Software Applications Manager, Doble Engineering Company, 85 Walnut Street, Watertown, Massachusetts, 02472-4037 U.S.A. Please retain the second copy of the License Agreement and distribute it to all authorized personnel to advise them of the terms, provisions and conditions of this License Agreement DOBLE ENGINEERING COMPANY Mike O'Dowd Date Manager Diagnostic Instruments agree to all the terms, provisions, and conditions of this License Agreement. Company Name Street Address Authorized by Title Signature Date EXHIBIT D E 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 EXHIBIT D INSURANCE SCHEDULE Doble shall provide proof of insurance, including a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): 1. Hazards Automobile Liability Coverage and Limits Bodily Injury Prope , Damage Each Person Each Accident Each Accident Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 Non -Owned Automobiles $ 500 000 $1,000,000 $ 500,000 Workers' Compensation $ Statutory Employers' Liability $1,000,000 per employer II. General and Professional Liability General Liability $1,000,000 $2,000,000 $1,000,000 Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 Contract Liability $1,000,000 $2,000,000 $1 000 000 Professional Liability $2,000,000 $2,000,000 $2 000,000 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds under the policy. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or materi; reduction of coverage. 3. An endorsement providing coverage for all operations under this Agreement. 4. Such other endorsement as may be required by addendum hereto. b. In addition to the standard certificate of insurance, proof of general and professional liability coverage shall be furnished in the form checked below. Only certification of the following proofs will be accepted: X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and statements in the standard certificate of insurance (attached thereto) are true and correct and that the signator is an officer authorized to so certify. A copy of each policy certified by an officer of the underwriter or carrier and notarized EXHIBIT "D SUPPORTING DOCUMENTS CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. "BILL" DAVIS Councilman H. "LARRY" GONZALES [11/ V, Councilman W. MICHAEL MCCORMICK Councilman BRUCE V MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 City Council City of Vernon Honorable Members: Ib1-21, EDUARDO OLIVO ( City Attorney 40 JfAX: (562) 869-1883 cc t ,\0 \J �y KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 826-1425 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 May 30, 2002^� �°v�° , \� V? O On May 8, 2002, this legislative body approved that an Equipment Purchase Contract and that a purchase order be issued to Doble (c/o Young & Co.), for the purchase of a multi -phase protective relay and an additional module at an approximate cost of $57,765.00. It is hereby recommended that the Contract be approved and executed. Very truly yours, Bruce V. Malkenhorst City Administrator/City Clerk BVM/gm CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 826-1438 City Council City of Vernon Honorable Members: EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 May 1, 2002 0_�o� KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 In accordance with Bid No. 1412, purchase of one (1) multi -phase protective relay test set and one (1) additional module, the following bids were received and opened on March 21, 2002: Omicron $44,150.00 Doble (co/Young & Co) $57,765.00 AVO International $63,750.00 This has been reviewed by the Utilities Department and selected Doble (c/o Young & Co.) due to their established history of reliability and support in the field. It is hereby recommended that the bid be awarded to Doble (c/o Young & Co.), a purchase agreement be prepared, and a purchase order be issued for the purchase of the requested items at an approximate cost of $57,765.00. Very truly yours, X-L, - lvlle��� Bruce V. Malkenhorst City Administrator/City Clerk BVM/gm To: BRUCE MALKENHORST, CITY ADMINISTRATOR C= 4�rom: DEBBY NICKENS, PURCHASING/ Date: 04/29/02 Re: BID #1412 - (1) MULTI -PHASE PROTECTIVE RELAY TEST SET & (1) ADDITIONAL MODULE As per resolution #7912, the Purchasing department sought formal bids for the purchase of (1) Multi -Phase Protective Relay Test Set & (1) Additional Module. On March 5, 2002, three bids were sent out. Bids were received and opened on March 21, 2002. Below are the results: WNI1 1 : _ 1. OMICRON 2. DOBLE (CO/YOUNG & CO) 3. AVO INTERNATIONAL BID QUOTE (SALES TAX NOT INCLUDED) $44,150 $57,765 $63,750 Utilities Department has completed its evaluation of the bids bas( osed features and cost. The recommended vendor for this purcha Young & Co.,). The department advised that the test sets provid been used in the past by independent contractors working with tl ,e test sets did not perform as needed, and the customer service su equate. These test sets were replaced by units manufactured by E have proven to be reliable and the customer support is excellent. The recommendation of the Purchasing Section is that Bid #1412 be accepted and authorization be granted to issue a purchase order to Doble (c/o Young & Co.,) in the amount of $57,765.00 (plus sales tax). The department estimated funds in the amount of $48,000.00 for this expenditure, however, there are appropriated funds to cover the full cost. 1 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro -Tern WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 August 21, 2002 Doble Engineering Company, Inc. Attn: Chrissy Aversano 85 Walnut Street Watertown, MA 02472-4037 Re: Equipment Purchase and Software License Contract Dear Mr. Aversano: EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 The insurance requirement has been met. Transmitted herewith is a duplicate original copy of the above referenced approved by the Vernon City Council on June 19, 2002. If you have any questions regarding this matter, please call Ms. Dolores Fonseca at (323) 583-8811 ext. 234. Very truly Y y yours, bW N l i'f o Assistant to the Chief Deputy City Clerk NG/gm CC: Kenneth DeDario Dolores Fonseca Resolution No. 7975 Agreement No. 02-035 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 July 2, 2002 Doble Engineering Company 85 Walnut Street Watertown, MA 02472-4037 Attn: Chrissy Aversano EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 Re: Equipment Purchase and Software License Contract Dear Ms. Aversano: KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 In accordance with Section 13.D of said agreement, you are to furnish the City with proof of Insurance as set forth in the Insurance Schedule, Exhibit "D" of the agreement. Please submit your proof of insurance to Joan Francone, Risk Manager, for review and approval. Upon receipt of said documentation this office will forward to you a fully executed duplicate original agreement. If you should have any questions, please contact Joan Francone at ext. 322. Very truly yours, Ne y Gi n Assistant to the Chief Deputy City Clerk NG/gm cc: Joan Francone Ken DeDario Resolution No. 7975 Agreement File No. 02-035