HomeMy WebLinkAboutresolution.council.111-13 RESOLUTION # 111
(Series of 2013)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND GRIMM TECHNOLOGIES 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 for a
Grimm Environmental Fine Dust Monitor and Verification Equipment, between
the City of Aspen and Grimm Technologies, 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
a Grimm Environmental Fine Dust Monitor and Verification Equipment, between
the City of Aspen and Grimm Technologies, 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 9' day of December, 2013. '?
S even Skadron, 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, December 9, 2013.
' K,` ryn . Koch, City Clerk
A,
The Oft of Aspen
CITY OF ASPEN STANDARD FORM OF AGREEMENT
SUPPLY PROCUREMENT
City of Aspen Project No.* 2013-143.
AGREEMENT made as of 9'") day of lkcember, in the year 201
BETWEEN the City:
Contract Amount:
I'lle City of Aspen
c/o Environmental I lealtli
130 South Galena Street Total: $33,483.00
Aspen.Colorado 81611 Annual Calibration $ 990.00
Illione: (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
Grimm Technologies until it has been approved by the City
C/0 Bill Roe Council of the City of Aspen.
N) Rox 6358 City Council Approval:
DOUI)LISVille. GA 30134
Phone: 877-474-6872 Date: December 9, 2013
Resolution No.: 2013-111
Summary Description of Items to be Purchased:
Grimm Model ISOC Stationary 19- Lnvironmental Fine Dust Monitor and Verification
Equipment.
Exhibits appended and made a part of this Agreement:
Exhibit A: Dist of supplies, equipment. or materials to be purchased.
I I
i
The City and Vendor agree as set forth below.
I. 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 Delivery N01 be to CO:A contractor for equipment, soft are, shelter
integration and installation. Specified address to be determined.)
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. Grimm Technologies, Inc. warrants to the consumer purchaser that
GRIMM products, when shipped in their original container. ~will be free from defective
workmanship and materials and agrees that it will, at its option, either repair the defect or replace
the defective product or part thereof at no charge to the pru-chaser for parts and labor for a period
of twelve (12) months from date of original purchase. Technical support is also available via
GRIMM's toll-free telephone number and/or email. This warranty excludes any product �yhich
has been damaged or defaced, which has been subjected to misuse, abnormal service or handlin<
or which has been altered or modified in dcsign or construction. GRIMM Technologies. Inc. will
notify client of any enhancements, modifications or upgrades as they become available for the
purchased system.
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;
-r
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 FOt.,I,OWfNG PAGE]
FOR THE CITY OF ASPEN:
ATT ST: BY:
Cqty Manager
Citv Clerk
VENDOR:
GRI-',VIM TECHNOLOGIES, INC.
Bv:
............... ............................
• 1
Exhibit A Supply Procurement Agreement
1. Grimm Model 180C Stationary 19" Environmental Fine Dust Monitor(see attached
quotation)
2. GRIMM Model 186 EDM Test kit(see attached quotation)
3. Warranty of Grimm model 180C Stationary 19"Environmental Fine Dust Monitor for parts
and labor for one year from date of purchase.
All work performed by Grimm Technologies, Inc. will be done in a manner that meets the EPA's
EQPM-0311-195 for the GRIMM Model EDM 180C PM10i2.5 analyzer.
The project timeline will be as follows:
• Notice to Proceed: December 10, 2013
• Equipment Order Placed: December H, 2013
• Grimm staff will provide support in the Equipment, Software, and Shelter Integration
with COA Air Quality Monitoring System's contractor by March 31, 2014 (based on a 12
week analyzer lead time)*
• System Installation on the Pitkin County Library roof by June 30, 2014
• Annual calibration by July 31, 2015.
*The manufacturing of the analyzer could either delay or move up the schedule.
Task* Description Cost
1 Grimm Model 180C Stationary 19" Environmental $31,890
Fine Dust Monitor
2 GRIMM Model 186 EDM Test Kit $1,593
3 Grimm staff support with the equipment, shelter, Included*
software integration with COA contractor*
4 Annual Calibration/Service*** $990
5 Technical support Included*
Total $34,473
*Included means that service is included with price of Grimm Model 180C
**Grimm USA agrees that included in the purchase price of the Grimm Model 180C, a site visit to
the City's contractor office to assist with the assembly, integration, and programing of the Grimm
Model 180C with the Agilaire data logger and shelter, both purchased by the City.
***Annual Calibration/Service: The price of service,new filters and calibration is$990.00. The
City will pay shipping to Grimm USA and Grimm USA will pay shipping back to the City.
.:.....,its_< v .-.. .w«F.__. QS i\.id ��3tsVc1. ..:''... ., ii...ufl `b. a• b/ l �n.. .r ri(o1r94
Stationary Approved Environmental Dust Monitor
for the simultaneous measuring of PM,,,, PM,,, and PM,
✓ Fully automgytic
The GRIMM EDM 180 has the capability to _
✓ IF°rock solution simultaneously measure PM.„and PM., values in s
real-time, and conforms to European standards
/ 3 different PM's EN 12341 for PM,;,and EN 14907 for PM,,.Values
Auto doh.rnidlficafi n for PM,and TC(total counts)are provided as well i �
even though EN standards for those have yet to be
fa tiele s;za iap+.l established,
x<
✓ Relative hurneSify
Like a modular system, our EDM 180 can be
✓ Air temperature delivered with one PM value determination only •„
✓ Air pressure and subsequently be upgraded to deliver up to 3
PM values and the total count; in addition, the
✓ GESYTEC protocol complete particle count information from 0.25 pm
to 32 pm can be made available in 31 size
Data rogger sysra n channels(referto page 16).
J RS-232 part
rte, ff�
Approved for:
✓ Aerosol sizer 4'. EN12341
✓ Source idenirlication EN 14907
, GOST R
US-EPA EOPM-0311-195
gi
Measuring principle:
Laser light scattering(90')
✓ EC approval for PM,, Measurement reporting modes:
V PM2,equiv&ent EDM180-C: PM,,and PM,
EDM180-CE: TSP and PM,,,
✓ PM,fraction °_ s
EDM180-D: PM,,,PM;,,,PM,and TC
✓ TC value " EDM180-E: 31 size channels from
0.25 to>32 pm or
✓ All in one system
Pm"_-,PM „PM,and TC
✓ Na loss of SvC Particle concentration:
1 to 2,000,000 p/I
Se v;ca data access y Dust mass: 0.1 to >6,000{tg/m'
✓ Not critica9 to vibration Sample flow: 72 IIh,flow-controlled
' Dehumidification:
{ No rodioad€ve source � �< Autom.nafton dryer system
✓ Little ain#anonce -t Reproducibili'ty:3%in max. range
Power supply: 230 V,50 Hz/i 10 V,60Hz
+r
Auto:retracksys€ern Power
consumption: 84W
Size: 19",6HE
� n
s
F �
S .., �."
A
This inlet was designed to meet the requirements defined
at the Johannesburg convention.Sample air at a volume
flow of 1.2 liter/minute is directly fed into the measuring
R i cell by passing through a TSP(total suspended particles)
head and the probe inlet.
--- Thanks to this unique principle none of the GRIMM
instruments need any size-selective sample inlets as do all
otherdust monitors on the market.
OP
i The sample air is then passing through the heart of the patented GRIMM spectrometer cell that has
been designed as a single particle detection and counting system. As a consequence, we can
guarantee that every single particle is measured bythe instrument.
Measuring Principle
-------••--- Detector I
'Sample ar
"~ _ Light trap The optica I system was optimized in such a way
�- as to ensure that the refractive change(color)is
.,~ ao xatenogangle negligible. Even in the nano size range the
j sensitivity across the size channels an excellent
sensitivity is ensured.
Mirror 7-� angle
........�.E
"
_._ M""LASS""' ATIONS,
All particles(aerosol)passing through the measurement cell are classified by size distribution into 31
channels.Based on this size distribution principle,we obtained the European Equivalence Approval
for PM,,and PM„aswell as the US-EPAApproval for PK...
t ,9 The required figures for PM,,,PM,„as well as for the suggested PM,are arrived at by multiplying the
ns+ & obtained count concentrations with the corresponding specific densityfactors then to be added to the
" total masses of each PM channel.This is all done automatically bythe instrument.
SVC MONITORING.
One of the main problems in measuring ambient air is high humidity.To prevent moisture or small
water droplets from being measured the probe is usually heated to minimize this effect. As an
._..._..,. . ' unwanted side effect,semi-volatile compounds such as nitrates,sulfates,etc.are vaporized before
they ca n be measured.
Instead of heating the probe,the GRIMM EDM isothermically extracts the humidity by dryair or Nafion
tubes, a process patented by GRIMM. Scientists all over the world agree that the semi volatile
compound (SVC)fraction normally produced by manmade processes (industrial areas,automotive,
combustion, etc.),can amount to 20-50%of the total dust.In addition to the PM,a + PM,.,+ PM,
values,this contribution can be determ ined as an SVC fraction by a GRIMM EDM 365.
lug
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GRIMM Technologies, Inc.
po Box sm
o� �� ���'�� . w�o
^---' /.. n`,,=.^o,
PD: 58-2316052
Quotation 2013-0070
October 31. 2O13
Son via onad:")welle.u hilc"nih tit w )fimpe°=
Jonnoda Whitcomb, REH8
Environmental Health Program Coordinator
City of Aspen,C0
RE: Request for Quotation for GRIMM Model 186 EDM Tosu"|t
Ao you requested,we are pleased to provide to you this quotation for the GRIMM
EDk8Testkit Model 188.
The price for the model 18Gio$i'5S3.OV FOB CO. Delivery is approximately 3O days for
receipt oforder.
Should you have any questions or require additional information. please either email or call our
toll-free number atR77/474'0872 Thank you.
Regards.
Bill Roe
Sales Director
vlo email Quotation Valid for 60 Days
GRIMM Technologies, Inc.
PO BOX 6358 1 horn•: ?-r,<.,tt855 F.nrmf vd ni}:<h1:1mafular roan
Douglasville,GA 30154.6358 n&fr :N'?I 1 trST? neA %ww.dugTimawr anti
GSA contract: GS-24F0006L
EIDI 58.2318052
0uotation 2013-0038
Aspen Environmental Health, Aspen, CO
IOWAW100"0!r r wwouIkl"IM fte Dust Ma 4t 'D
T"
: . '
180C 19"Rack Mount Continuous Environmental Dust Monitor for simultaneous Included
measurement of PM-10,PM-2.5
181 19"Head Rack for 180 monitor for support of the#182 sampling pipe Included
182 1.5m sampling pipe with Naf4on dryer and sensors for temperature and Included
relative humidity.
193 'f.5 M Extens+on for sampling pipe#182 Included
1118A Printed and CD-ROM User Manual English Included
1142.A2 Data storage card 1MB Included
1141 USB to RS-232 Converter wth 1 m cable and driver Included
189 Roof Mount Flange included
MODEL 180E BASIC SYSTEM TOTAL: $31,500.00
OPTIONS:
........_____._ _.. ..
X180160 Sensor Simulator for testing Grimm 180 $394
ISO Analog Output Adapter for PM PM and PM $1,500
1.142.M5 GPRS Wireless Transmitter including free web access $2,990.00
1142.44 Data storage card 4M8 $470
1155A External memo card reader $950
158 Wind-direction and air velocity sensor $1594
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