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Home My WebLink Aboutresolution.council.029-14 RESOLUTION #29 (Series of 2014) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND WESTERN UNITED ELECTRIC SUPPLY CORPORTATION 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 Electric Substation Improvements, between the City of Aspen and Western United Electric Supply Corporation, 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 Electric Substation Improvements, between the City of Aspen and Western United Electric Supply Corporation, 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 24t" day of March, 2014. teven 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, March 24, 2014. Katl ' n S. Koch, City Clerk AL The City of Ifspen CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT City of Aspen Project No.: 2014-034. AGREEMENT made as of 24"' day of March, in the year 2014. BETWEEN the City: Contract Amount: The City of Aspen c/o Utilities 130 South Galena Street Total: $158,578.00 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 Western United Electric Supply Corportation until it has been approved by the City c/o Brad Tooley Council of the City of Aspen. 100 Bromley Business Parkway City Council Approval: Brighton, CO 80603 Phone: 720-880-7027 Date: March 24, 2014 Resolution No.: 4' 1 Summary Description of Items to be Purchased: Substation Upgrade Equipment 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 Aspen, Colorado.) [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. Two year manufacturer's warranty applies. 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 detennined 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 tern 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. Tennination 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. Cif 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: '? 9 f , a � ATTEST: By: City Manager City Clerk VENDOR: WESTERN UNITED ELECTRIC-SUPPLY-CORPORTATION By: �. 00 Title BID PROPOSAL FORM PROJECT NO. : 2014-034 BID DATE: March 17, 2014 PROJECT: Substation Upgrade Equipment Purchase PROPOSAL SUBMITTED BY: Western United Electric Supply Corporation VENDOR VENDOR'S PROPOSAL TO: The Governing Body of the City of Aspen, Colorado The undersigned responsible bidder declares and stipulates that this proposal is made in good faith, without collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid, all the requirements of the bid documents including the specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for Sixty (60) consecutive calendar days from the date of bid opening. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City,to waive any informalities or to reject any or all bids. I hereby acknowledge receipt of ADDENDUM(s) numbered" through ' Item Qty Part No.t Description Net Price Ea. 1 1 S&C Catalog No. 944223-DID2D3D4F2L2M3P6R2R3 IT2Y4-Sxxx Re- mote Supervisory Vista Underground Distribution Switchgear, 29 kV, $76,200.00 EA Mode1422, 12.5 kA, with provisions for future installation of permanent motor operators. (EXPRESS FEEDER) • P6 Pad Mounted Style, Mild Steel, Olive Green Finish 6-way High Voltage Enclosure (to accommodate internal VT) • T2 Three-Pole Fault Interrupting (12.5 KA) • DID2D3D4 Voltage Sensing on all four ways • F2 Mounting Provisions for Fault Indicator for each Load Interrupter Switch, with viewing window in pad-mounted enclosure • L2 Potential Indication with Test Feature • M3 600-Ampere Bushings with studs on the two Fault Interrupter ways (ways 3 &4) • R2 Remote Low Pressure Alarm • R31 External Trip in Addition to standard (Special 120VDC Remote Trip) • Y4 Internal Control Power. A voltage transformer is mounted inside the Vista UDS tank and supplies control power to battery charger and battery packs. This increases the tank size by one way, and the high voltage enclosure size by two ways. • Sxxx Switchgear includes 6" Base Spacer as a standard design, and 30" Low Voltage Enclosure, with a Vista Rack equipped to handle up to four(4) Motor Operators; the four(4) three-phase VSA's for future voltage sensing will be routed to a junction box on the tank for proper grounding; Includes special Remote Trip 120 VDC with latching con-tacts; Includes Internal Aux Contacts on the two (2) Fault Interrupter ways(bottles &blades); Remote Low Pressure Alarm wired to the Low Voltage Enclosure; Low Voltage Enclosure includes a mounting plate for customer supplied/customer installed & wired RTU and/or communication device. Lead Time: Standard Lead Time for quoted Switchgear is 22 to 24 weeks after receipt of a purchase order with complete information,with production space subject to prior sale,with the possibility of improvement once an order is placed. i 2 1 S&C Catalog No. 943213-D1 D2D3F2L2M3P4R2R31T1Y4-Sxxx Remote $60,834.00 EA Supervisory Vista Underground Distribution Switchgear, 29 kV,Model 321, 12.5 kA, with provisions for future installation of permanent motor operators. (PUPPY SMITH) • P4 Pad Mounted Style, Mild Steel, Olive Green Finish 4-way High Voltage Enclosure (to accommodate internal VT) • TI Three-Pole Fault Interrupting (12.5 KA) • D I D2D3 Voltage Sensing on all three ways • F2 Mounting Provisions for Fault Indicator for each Load Interrupter Switch, with viewing window in pad-mounted enclosure • L2 Potential Indication with Test Feature • M3 600-Ampere Bushings with studs on the Fault Interrupter way (way3)ALL. • R2 Remote Low Pressure Alarm • R31 External Trip in Addition to standard (Special 120VDC Remote Trip) • Y4 Internal Control Power. A voltage transfonner is mounted inside the Vista UDS tank and supplies control power to battery charger and battery packs. This increases the tank size by one way. The 4-way high voltage enclosure will be used on this design. • Sxxx Switchgear includes 6" Base Spacer as a standard design, and 30" Low Voltage Enclosure, with a Vista Rack equipped to handle up to four(3) Motor Operators; the four (3) three-phase VSA's for future voltage sensing will be routed to a junction box on the tank for proper grounding; Includes special Remote Trip 120 VDC with latching con- tacts; Includes Internal Aux Contacts on the two (1)Fault Interrupter way(bottles & blades); Remote Low Pressure Alarm wired to the Low Voltage Enclosure; Low Voltage Enclosure includes a mounting plate for customer supplied/customer installed & wired RTU and/or commu- nication device. Lead Time: Standard Lead Time for quoted Switchgear is 22 to 24 weeks after receipt of a purchase order with complete information,with production space subject to prior sale,with the possibility of improvement once an order is placed. 3 2 S&C Catalog No.TBA $8925.00 EA MOSCAD Motorola SCADA Remote Terminal Unit (customer to specify what will need to be monitored to determine if additional 1/0 points are re- quired) (Complete part no. and quantity required to be specified by customer) O tions Item Qfy Part No. I Description Net Price Ea. 4 2 S&C Catalog No. TA-3153 USB Cable kit for Connection to a PC and the $279.00 EA Vista Overcurrent Control Item Qty Part No. I Description Net Price Ea. 5 l Concast Fibercrete 321 Vista Box Pad(Part number FC-69-83-36-V)Drawing $1561.00 EA attached Item Qty Part No. I Description Net Price Ea. 6 1 Concast Fibercrete 422 Vista Box Pad(Part number FC-69-106-36-V)Drawing $1575.00 EA attached 32" FIBER REINFORCED CONCRETE 4 5 FIBERCRETE 1 1 6„ 3 5 1 39" 2 5 (REF) 6 80" (REF) 69" 0 0 4 7 1/2" 68" 5 E 5 R4" 6 - 83" Rl/2"(TYP) I NUMBER DESCRIPTION I HOLD DOWN CLAMP (HDC) FOR TANK 36" 2 HOLD DOWN CLAMP (HDC) FOR ENCLOSURE 3 CAST IN METAL UNISTRUT W/ 1/2"NUTS 4 1/2"THREADED INSERTS FOR LIFTING 5 1/21T THREADED INSERTS FOR ENCLOSURE HDC 94"(REF) 6 1/2"THREADED INSERT FOR LIFTING & HDC 1/2" FITS THE FOLLOWING VISTA ENCLOSURE SIZES NOTE: 61"X 72"--65"X 72" --- 65"X 79" 1.8 HOLD DOWN CLAMPS(HDC)W/BOLTS WILL BE PROVIDED 2.#5 ONLY USED FOR 61"DEEP VISTA ENCLOSURES DRAWN BY: ROBIN FLINT DESCRIPTION: FIBERCRETE BOX PAD (VISTA) DIMENSIONS ARE IN INCHES CONTACT INFORMATION: DATE: 11/26/2012 REVISION LEVEL 0 TOLERANCES: EMAIL:IN FOCs�CONCASTINC.COM SHEET I OF t 1010 NORTH STAR DRIVE FRACTIONAL:!i/B" PHONE:(507)732-4095 WEIGHT: MATERIAL: P.O. BOX 69 ANGULAR:t 2" FAX:(5071732-4094 PART NUMBER: 1065 LBS. FIBERCRETE ZUMBROTA, MN 55992-0069 FC-69-83-36-V FIBER REINFORCED CONCRETE 4 4 FIBERCRETE 1 1 64" 3 5 1 0 6' 2 1 4 39" (R F) 69" 4 i C� otT,Q' N Y A , 0 .n 4YiC . 5 F6- 94" R4" 106" Rl/2"(TYP) NUMBER DESCRIPTION 1 HOLD DOWN CLAMP (HDC) FOR TANK 2 HOLD DOWN CLAMP (HDC) FOR ENCLOSURE 36" 3 CAST IN METAL UNISTRUT W/ 1/2"NUTS 4 1/2"THREADED INSERTS FOR LIFTING 5 1/2"THREADED INSERTS FOR ENCLOSURE HDC 117"(REF) _� 6 1/2"THREADED INSERT FOR LIFTING & HDC 1/2" FITS THE FOLLOWING VISTA ENCLOSURE SIZES NOTE: 61"X 102"--65"X 102" 1.8 HOLD DOWN CLAMPS(HDC)W/BOLTS WILL BE PROVIDED 2.#5 ONLY USED FOR 61"DEEP VISTA ENCLOSURES DRAWN BY: ROBIN FLINT DESCRIPTION: t, FIBERCRETE BOX PAD (VISTA) DATE: 11/26/2012 REVISION LEVEL: 0 T CONCRST DIMENSIONS ARE IN INCHES CONTACT INFORMATION; TOLERANCES: EMAIL:INFOie1CONCASTINC.COM SHEET 1 OF 1 1010 NORTH STAR DRIVE FRACTIONAL:!1/8" PHONE:1507)732-4095 WEIGHT: MATERIAL: P.O. BOX 69 ANGULAR:*_2' FAX:(5071732-4094 1158 LBS. FIBERCRETE ZUMBROTA, MN 55992-0069 PART NUMBER: FC-69-1 Ob-36-V