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HomeMy WebLinkAboutresolution.council.023-13 RESOLUTION #23 (Series of 2013) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND GRAND JUNCTION PIPE, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract between the City of Aspen and Grand Junction Pipe for Rio Grande irrigation pump and filter system supply, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for Rio Grande irrigation pump and filter system supply between the City of Aspen and Grand Junction Pipe, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 11th day of March 2013. 3- Iz-2ac Michael C. Ireland, Mayor 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 March 11, 2013 Kat §­Kodh, City Clerk Attachment C The City of Aspen CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT City of Aspen Project No.: 2013-037. AGREEMENT made as of 1 lth day of March, in the year 2013. BETWEEN the City: Contract Amount: The City of Aspen c/o Parks Department 130 South Galena Street Total: $71,675.00 Aspen, Colorado 81611 Phone: (970)920-5055 If this Agreement requires the City to pay And the Vendor: an amount of money in excess of $25,000.00 it shall not be deemed valid Grand Junction Pipe until it has been approved by the City c/o Mike Higgins Council of the City of Aspen. 556 Struthers Avenue City Council Approval: Grand Junction, CO 81501 Dater(� 'l Resolution No.: � (J Summary Description of Items to be Purchased: Rio Grande irrigation pump and filter system supply Exhibits appended and made a part of this Agreement: Exhibit A: List of supplies, equipment, or materials to be purchased. The City and Vendor agree as set forth below. 1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A appended hereto and by this reference incorporated herein as if fully set forth here for the sum set forth hereinabove. 2. Delivery. (FOB 460 Rio Grande Place, Aspen, Colorado 81611.) [Delivery Address] 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. See Exhibit A 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 claim 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 of the terms, covenants or conditions herein contained,to be performed, 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 exclusively in the courts of Pitkin County, Colorado. 9. Attorney'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. Certification Regarding Debarment Suspension Ineligibility, and Voluntary 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. 12. Warranties Against Contingent Fees, Gratuities Kickbacks and Conflicts of Interest. (A)Vendor warrants that no person or selling agency has been 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. (B)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. (C)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, 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. (D)In addition to other remedies it 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. Termination 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 using 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 Approval. 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 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. [SIGNATURES ON FOLLOWING PAGE] FOR THE CITY OF ASPEN: ATT ST: g : � y ity Manager i City Clerk VENDOR: GRAND JUNCTION PIPE By: Title EXHIBIT A SUPPLY PROCUREMENT AGREEj �711�125o1E Page 1 ors Rain Bird Corporation j Office:(520)806-5620 FAX:(800)843-4162 ;ZJ- Email:aumps0rainbird.com RAIN BIRD VERTICAL MULTISTAGE PUMP STATION QUOTE PROJECT INFORMATION Quote Number: CVM071612501E Date: 12128/2012 Distributor Name: GJ Pipe Job Name: Rio Grande Park Pump Distributor Contact: Mike Higgins Job City: Aspen Distributor Phone: TBD Job State/Province: CO Distributor Email:mlket&[otoe.com Job Country: USA Rain Bird Sales Rep: Mark AustinfTroy Sporleder Sales Region: RM PUMP STATION DETAILS Maximum Design Flow Rate: 270 GPM Voltage: 480 V Rated Discharge Pressure: 100 PSI Phase: 3 P I Hertz: 60 HZ Pump Station Model Number:VM2NON02000480 Full Load Amps: 66 AMPS Exhaust fan requirement: 711 CFM Apparent Power: 55 KVA Total number of pumps: 2 Main Disconnect Size: 100 AMPS SITE DETAILS Lift: NA FEET Discharge pipe diameter: 6 INCHES Intake Pressure: 0 PSI Slab Dimensions: TBD FEET Boost Pressure: 100 PSI Slab Elevation Above Sea Level: 7863 FEET Intake Pipe Diameter: 8 INCHES Source Water Quality/Type: Fresh or Reclaimed Water PUMP STATION DESCRIPTION f This quote is for a UL Listed prepackaged variable speed vertical multistage pumping station built with custom fabricated steel piping,valves, industrial control panel,and supporting structural steel skid. The manifolds,pipes,and structural skid are to be powder coated green for maximum corrosion and impact protection. The controls shall be mounted Inside a UL Listed and NEMA rated Industrial control cabinet. The color touch screen user interface shall be connected to a high speed Industrial grade PLC custom programmed to fit the guidelines of this specific project. PUMP AND MOTOR DETAILS I (CITY. SIZE DESCRIPTION I 2 135GPM@243FT Vertical multistage Inline main pump with cast iron discharge head Includes silent check valve and isolation valve i 2 " i'1.20'HP Vertical main motor,345ORPM,ODP/TEFC,NEMA B,Class F Insulation, 1.15 SF,Cont.duty rated •� IJain motors are VFD or full voltage started only. Main motors will alternate on start up to equalize motor run time MECHANICAL SYSTEM DETAILS • Variable Frequency Drive[VFDj(Manufactured by Mitsubishi) • Programmable Logic Controller[PLq(Manufactured by Mitsubishi) • GT1665 Color touch-screen operator interface(Manufactured by Mitsubishi) • Circuit breaker motor protection • Dual mechanically and electrically interlocked contactors for main pump motors • NEMA 4 electrical enclosure i • Heat exchanger for closed loop cooling of the electrical enclosure { • Stainless steel pressure transducer • Pressure relief valve with butterfly isolation valve • 6"lugged station discharge isolation valve • 8"lugged station Intake isolation valve • Individual pump silent check valves and isolation valves • Magnetic style flow meter • Hose bib connection for wash down • Complete skid and piping garnet blasted and powder coated for maximum corrosion resistance i i Rain Bird Corp.-Pumps Division 6991 East Southpoint Road,Tucson,AZ,85706 1-520-806-5620 I CVM071612501 E Page 2 of 5 CONTROL SYSTEM DETAILS i I • Pump Manager remote control and monitoring software compatible with Smart PumpTm Rain Bird's Smart PumpTm software Is used for real-time communication between the pump and central-control system for a fully integrated irrigation control system(Requires Ethernet modems for communication)) • Automatic alternation of main motors to equalize run time • Automatic pressure ramp-up capability • Electrical overload shutdown safety • VFD fault shutdown j Automatic system diagnostic utility • Individual pump lighted HOA switches • High pressure and low pressure discharge safeties • PLC or VFD emergency bypass-Manual mode • Main power line phase monitoring • Individual motor overload protection safeties I `< • Single phase and three phase surge protection safeties ' • Rain Bird Corporation guarantees Its pump station products to be free of defects in materials and workmanship for a period of one(1) year from the date of startup,but not later than sixteen(16)months from the date of Invoice. ADDITIONAL FEATURES INCLUDED IN BASE PRICE QTY. SIZE DESCRIPTION 1 PSS4003o M Rain Bird automatic self cleaning intake screen with 30 mesh screen 1 6"FE x 6"PE Station discharge L pipe with(3)1"FNPT ports to connect to filter. 1 8"PE x 8"FE 28"Station intake pipe i 1 6"FE x 6"PE 38"Filter discharge pipe 1 34 GAL 34 Gallon bladder tank 1 Lake level control circuit:Submersible pressure transducer i 1 Additional pressure transducer to be placed downstream of auxiliary filtration system 1 Customized PLC programming to detect pressure differential between pressure transducers and send signal to filter controller once a specified differential is met OPTIONAL FEATURES PRICING Please select from the options below those Items that you want to add to the total pump station price. To do this simply enter the quantity that you wish to purchase In the column labeled QTY. Oni those options with an EXTENDED PRICE will be included in the equipment purchase. UNIT EXTENDED QTY. SIZE DESCRIPTION PRICE PRICE 1 4'x 6'garnet blasted and powder coated green fabricated skid Included Included to be used for additional filtration system (Customer to provide dimensional drawings&requirements for pre-drilled holes) 1 3" Netafim DFAHP304-80AC Disk Filter $9,150 $9,150 0 Marine grade aluminum pump station enclosure with exhaust fan $6,100 $0 1 Ethernet Radio modem kit(Requires line of site visibility between antennas) $3,575 $3,575 1 5KW Enclosure Heater(provides protection for normal low outside temperatures) $995 -4m 4W04:1 .le kkt-dia<� Afe'lel1,7 lNG. !i✓ TOTAL PRICE OF ALL SELECTED OPTIONS: $13,720 Ajay, VhLp Sy lip 7M OPTIONAL SERVICE PLANS PRICING 0 1 Yr.GJP/RB Preventative maintenance,winterization,&Telephone technical support $2,100 $0 This plan begins after the first year warranty expires and Includes: 1-winterization,1-PM start-up,and RB phone technical support 1 2 Yr.GJP/RB Preventative maintenance,winterization,&Telephone technical support $4,200 $4,200 This plan begins after the first year warranty expires and includes: 2-winterizations,2-PM start-ups,and RB phone technical support TOTAL PRICE OF ALL SELECTED PUMP STATION SERVICE PLANS:_�$4 I Rain Bird Corp.-Pumps Division 6991 East Southpoint Road,Tucson,AZ,85706 1-520-806-5620 CVM071612501 E Page 3 of 5 TOTAL PUMP STATION PRICING #1 BASE PUMP STATION PRICE(WITHOUT OPTIONS): $57,750 ✓ #2 TOTAL PRICE OF ALL SELECTED OPTIONS: $13,720 #3 TOTAL OPTIONAL SERVICE PLANS $4,200 #4 SET-UP ASSISTANCE(16 HOURS TECHNICAL SERVICES): $1,200 - r #5 START-UP&TRAINING ASSISTANCE(See Terms And Description Below): Included t #6 FREIGHT TO THE JOB SITE: Included GRAND TOTAL: $76,870 T9� I f The GRAND TOTAL includes the base pump station price,the total price of all selected options,one day of factory start-up and training assistance,freight to the job site, i and any selected service plans. i } Rain Bird Pump Station lead time is 9 weeks EX factory from receipt of the purchase order with signed quote and also the complete signed approval drawing. Both general arrangement and pump set signature boxes must be signed off on the approval drawing DELIVERY AND SET-UP 1 All reasonable efforts will be made to meet the requested delivery date after the receipt of a signed contract however,Rain Bird Corporation will not be liable for delays in delivery. 2 Freight is included in this quote. 3 Customer will be responsible for having job site readily accessible for station delivery via fiat bed truck. 4 Customer will provide the equipment and personnel required to unload and/or set the pump station. 5 Station Set-up assistance charges are not included in this quote 6 Customer will be responsible for electrical permit if required, 7 Customer will be responsible for primary electrical hookup to pump station. 8 Customer will be responsible for making all piping connections. 9 Customer will be responsible for building modifications(roof removal&installation)If required. 10 Customer will be responsible for wet well,slab and concrete work. START-UP 1 Start-up charges Include one day on site. Start-up assistance includes one man-day(8 hours)from the nearest Rain Bird Authorized Service Provider to start the pump station and verify proper functionality. Any additional support(Including excessive travel)shall be remunerated by customer. 2 Purchaser will notify Rain Bird 21 days in advance of the desired start-up date. 3 Purchaser will be billed an additional$950.00 If the startup date is changed with less than two days advance notice. 4 Start-up must be performed by a Rain Bird Authorized Provider to maintain the Pump Station Professional Customer Satisfaction Policy. WARRANTY COVERAGE AND SERVICE PLANS i 1 GSP Telephone Technical Support Plan-included In the first year CSP coverage.Continued coverage in subsequent years may be purchased. 2 Preventative Maintenance Plans-include a thorough multi-point system check and evaluation,performed by a Rain Bird Authorized Service Provider.Winterization and spring start-up service Is also available. Includes 1-2 PM Services per year,GSP,and a 15%Parts and Labor Discount, 3 Extended Parts CSP/GSP Plans-Include extended coverage under Rain Bird's Customer Satisfaction Policy,for PARTS ONLY.Also include GSP telephone technical support coverage.This plan does not Include travel or labor which is billed as Incurred. PREVENTATIVE MAINTENANCE MUST BE PERFORMED AT LEAST EVERY 6 MONTHS BY A RAIN BIRD DISPATCHED AUTHORIZED SERVICE PROVIDER TO MAINTAIN CSP COVERAGE. 4 Extended CSP plans-include extended coverage under Rain Bird's Customer Satisfaction Policy,including parts and labor.Also Include GSP telephone technical support coverage. PREVENTATIVE MAINTENANCE MUST BE PERFORMED AT LEAST EVERY 6 MONTHS BY A RAIN BIRD DISPATCHED AUTHORIZED SERVICE PROVIDER TO MAINTAIN CSP COVERAGE. These and other service plan options are available upon request by calling(888)444-5756 or by emailing disotatchinuc@-ralnbird.com. Rain Bird Corp.-Pumps Division 6991 East Southpoint Road,Tucson,AZ,85706 1-520-806-5620 CVM071612501E Page 4 of 5 PAYMENT TERMS 1 Due net 10th prox.,past due thereafter. 2 Interest of 10%per annum is charged on overdue accounts and interest 3 charges will be enforced. in th �yentth�,G�stote�rcyancrot take delivery on the requested date,delivery shall be deemed completed at the pump sjatlpr�r1w. Ofa4't�ifi� #acility for the purpose of payment and eighty(80)percent of the contract price will be due imm`ediateltS,not(o exceed ten(10)days. In addition,the customer will be responsible for additional storage and handling charges Incurred with a minimum charge of$750 to be added to the invoice, 4 Aii purchase orders are subject to acceptance at the factory In Tucson,Arizona. Receipt of production deposit, verification of 4coeptab a credit and confirmation of order are required before production. On orders of$100,000 or i less,a 25%proJucfion'deposit is required to initiate the order with a balance due net 10 days from date of i final invoice. On order greater than$100,000,a 50%production deposit is required and balance Is due net 10 days from date of final invoice. OTHER INFORMATION 1 Prices valid for sixty(60)days from the date of this proposal. 2 State and local sales taxes are not Included in these prices. I 3 Seller retains a security interest In the above mentioned equipment as provided by the UNIFORM COMMERCIAL fj CODE,until payment is received in full. 4 All claims for shortages or incorrect deliveries must be submitted in writing to Rain Bird Customer Service within 15 days after receipt of goods. i 5 All claims for price discrepancy must be submitted in writing to Rain Bird Customer Service within 60 days after i receipt of goods. i 6 Pump Stations are considered a Special Order product. A completed Pump Station unit may not be returned to Rain Bird for credit. Order cancellations are subject to fees of up to 100%of the total pump station order price depending on the time of cancellation. 7 Rain Bird's warranty does not cover damage caused by or resulting from misapplication,abuse or failure to conduct routine maintenance or winterization.Damage caused by freezing temperatures below 32°F will not be covered under warranty regardless of whether or not an environmental package or heater Is Installed. 8 This pump station is custom designed to operate within the stated minimum and maximum flow rates. Operating this pump station outside of the stated design parameters violates any warranty stated or implied. Rain Bird only guarantees performance within design specification as listed on this quote only. 9 This pump station is designed with standard construction materials,and Is Intended for fresh water pumping I only. Using this pump station to pump aggressive/corrosive liquids,salty water,reverse osmosis water, deionized water,etc.voids any stated or implied warranty as well as Rain Bird's Pump Station Professional i Customer Satisfaction Policy. i 10 This Rain Bird Pump Station Quotation document is complete,and the pumping station will be manufactured as described In this quote only. No additional equipment or services will be provided that are not specifically listed In this quote. Manufacturing methods,materials,and processes are per Rain Bird's Pump Station Specification document,and Is the only governing design specification,unless where otherwise listed In this quote. Please reference Rain Bird's Pump Station Specification for all design,manufacturing,and engineering ` clarifications to this quote 11 Rain Bird's Pump Station Professional Customer Satisfaction Policy is available upon request. I ACCEPTANCE IlWe hereby agree that In the event of default in the payment of any amount due,and if this account is placed In the hands of an attorney or agency for collection or legal action,to pay an additional charge equal to the costs of collection including agency,private process servers fees and reasonable attorney's fees,court costs incurred and any other costs of collection permitted by the laws governing these transactions.A charge up to 1.5%per month(or maximum allowable under law)which is ANNUAL PERCENTAGE RATE OF 18% will be added to any balance due after thirty(30) days from the date of Invoice. All payments and/or credits are applied to the outstanding balance before computing a finance charge. 1 r I I ! I ' Rain Bird Corp.-Pumps Division 6991 East Southpoint Road,Tucson,AZ,85706 1 1-520-806-5620 CVM071612501E Page 5 of IMPORTANT NOTICE I Confirm electrical service(Voltage,Phase,and FLA)on your site matches what is specified in this quote. Electrical changes after an order is placed are expensive and can delay a project. An engineering service charge of$750 will be assessed to provide technical support to j change electrical service on a station. Additionally,the cost of replacing components and on-site service can be very expensive. ACCEPTED BY i Company Name: Signed By: i Print Name: i Date: i End User Name: Address and contact info: I i I Rain Bird Corp.-Pumps Division 6991 East Southpoint Road,Tucson,AZ,85706 1-520-808-5620