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HomeMy WebLinkAboutresolution.council.061-09RESOLUTION #(~ (Series of 2009) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND BETZ TRANSFORMERS INC SETTING FORTH THE TERMS AND CONDITIONS REGARDING REBUILT PADMOUNT TRANSFORMERS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Betz Transformers Inc., a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Betz Transformers Inc. regarding rebuilt Padmount transformers a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: ~~ ~.~rn-~?~.2/ ~ " I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held August 24, 2009. Kat .Koch, City Clerk PROCUREMENT CONTRACT ROUTING SLIP AND CHECK LIST Instructions: This form should be completed at each step of the procurement process and should follow each request for review or approval Contracts under $5,000 require only Department Head approval Contracts over $5,000 require City Manager approval. They do not require competitive bids but require documentation of source selection process. Contracts over $10,000 require City Attomey and City Manager approval. Competitive bidding process is required. Contracts over $25,000 require City Council approval. Procurement Description: Our request for disbursement of allocated funds in the amount of $ to Betz Transformer Companv for the purchase of 9 electric transformers for the Express Feeder projects. Project #: Ot~f Budget estimate: ~ ~~ ~ ~ ~j !~ Is proposed expenditure approved in the Department's budget? / x / Yes / / No ~ J~ ~i~~ Explain process for vendor selection: sole source for the transformers as they aze the only supplier m the valley that provides these rebuilt transformers. The cost of the vaults is $62,695.00 t' ~y 6 / / Dept. Head approval of proposal: _/_/_ City Manager Approval: Competitive Quotes: Con[rac[orNendor Selected: Grand Junction Pioe and Suppv / / Dept. Head approval: / / City Attorney review: contract documents to and [o Vendor/Contractor / / RFP or ITB Completed: / / RFP or ITB Reviewed by City Attorney: / / I"Advertisement / / Bid Opening: / / City Manager Approval: / / Eng. Dept. Review: / / 2°d Advertisement (Attach Advertisement) ConVactorNendor Selected: Betz Transformer Companv / / Dept. Head approval: / / Award letter sent: / / 3 signed contracts returned by vendor/contractor. / / Performance and Payment Bonds received / / Certificate of insurance received / / Finance Department Review: ,~ If Over $25,000, ~_~ `repare cover memo and resolution for City Council Approval W~ y\ ~t--~t11~-ej~ / / Finance Department Review: / / City Attomey Review ~~City Council Approval p ,ii- / / City Manager Approval / / Notice to Proceed SUPPLY PROCUREMENT AGREEMENT THIS AGREEMENT, made and entered into, this 17+~ day of August, 2009 between the City of Aspen, Colorado, herein after referred to as the "City" and BETZ TRANSFORMERS, INC. hereinafter referred to as the "Vendor". WITNESSETH, that whereas the City wishes to purchase rebuilt Padmount Transformers hereinafter called the UNIT(S) being more fully described and attached herewith as 'Exhibit A', in accordance with the terms and conditions outlined in the Contract Documents and any assoaated Specifications, and Vendor wishes to sell said UNIT to the City as specified in its Bid. NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set forth agree as follows: 1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described in the Contract Document and more specifically in Vendor's Bid for the sum of Sixty One Thousand One Hundred Eighty Five Dollars ($64,185.00). 2. DeI VeN. (FOB 500 DOOLITTLE LANE, ASPEN, CO) 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Vendor or City may assign this Agreement in accordance with the specific written permission, any right to Gaim damages or to bring any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. In addition to other remedies i~may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Vendor; and 4. Recover such value from the offending parties. 13.Temtination for Default or for Convenience of City. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 14. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 15. City Council Aooroval. If this Agreement requires the City to pay an amount of money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 16.Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform under this Agreement. Vendor agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining to nondiscrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable state and federal laws respecting discrimination and unfair employment practices. 17. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, vendor understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of of the terms, covenants or conditions herein contained, to be pertormed, kept and observed by the other party. 8. Agreement Made in Colorado. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusivey in the courts of Pitkin County, Colorado. 9. Attornev's Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 10. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 11 Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Vendor or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. Interest. Vendor warrants that no person or selling agency has beer employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Vendor for the purpose of securing business. Vendor agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. Vendor represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 18.Authorized Representative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein written in three (3) copies, all of which, to all intents and purposes, shall be considered as the original. FOR THE CITY OF ASPEN: City Manager ATTEST: ity Clerk VENDOR: BETZ TRANSFORMERS, INC. By: i'1 ,Y / /~ar~a ~-- Title BXHIBIT A Dam: on2noo9 QUOTATION .Betz Transformers, Inc. P.O. Box 729 Olathe, CO 81425 1-800-245-8123 Fax (970)323-5179 SOLD TO: SHIP TO: Exponential Engineering Aspen, CO Attn: David Cox 325 Airparic Drive FL Cogine, CO 80524 Phone: 874207-9548 Ext. 121 FdX: 970.207-9657 Cell: 970.217$545 small: davidc~exoonen8alemtneedna.com CUSTOMER ORDER NO: Dace: s722rzooe QUOTATION Betz Transformers, Inc. P.O. Box 729 Olathe, CO 81425 1-800-245-8123 , Fax (970) 323-5179 SOLD TO: SHIP TO: Exponential Engineering Aspen, CO Attn: DavM Cox 328 Airpark Drive Ft. Colons, CO 60524 Phone: 870.207-9&96 Ext 121 Fax: 970.207-9657 Cell: 870.2178545