HomeMy WebLinkAboutresolution.council.079-21 RESOLUTION # 079
(Series of 2021)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND WAGNER POWER SYSTEMS. 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 the
purchase of a backup emergency generator, between the City of Aspen and Wagner
Power Systems., a true and accurate copy of which is attached hereto as Exhibit
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
purchase of a backup emergency generator between the City of Aspen and Wagner
Power Systems, 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 28' day of September, 2021.
Torre, Mayor
I, Nicole Henning, 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, September 28', 2021.
Nicole Hennin , City Clerk
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CITY OF ASPEN STANDARD FORM OF AGREEMENT CITY OF ASPEN
SUPPLY PROCUREMENT
City of Aspen Project No.: 2021-222
AGREEMENT made as of day of , in the year
BETWEEN the City:
Contract Amount:
The City of Aspen
c%Andy Rossello
130 South Galena Street Total: $89,853.14
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
$50,000.00 it shall not be deemed valid
Wagner CAT until it has been approved by the City
C/o Council of the City of Aspen.
James Cumiford City Council Approval:
700 Wagner Court SE
Albuquerque,NM 87105 Date:
Resolution No.:
Summary Description of Items to be Purchased:
Caterpillar G 14.2PGAN DG200-GC standby Generator,CTGSE Transfer switch
Exhibits appended and made a part of this Agreement:
Exhibit A: List of supplies,equipment,or materials to be purchased.
Exhibit 13: NJPA (Sourcewell) Contracts Executed and backup
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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 500 Doolittle Drive,Aspen,CO 81611)
(DeNvery 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 Attached Contracts/Warranty info.
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.
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H. 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 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:
I. 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 Ci1y. 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.
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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$50,000.00 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 ofCity'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.
19. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work,and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
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IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement
to be duly executed the day and year first herein, of which, to all intents and purposes, shall be
considered as the original.
FOR THE CITY OF ASPEN:
Docuftmd by:
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By:
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Aspen City Manager
9/30/2021 1 8:51:20 AM PDT
Date
SUPPLIER:
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By:
�,v,�f lames R. True
City Attorney
Title J
8/11/2021 1 8:14:53 PM MDT
Date
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Submitted to: 03511 Quotation 30810062 . 07
Andy Rossello Date: Monday,August 2, 2021
City of Aspen Submitted by: James Cumiford (505)343-2774
130 S Galena Street Rev 01 -remove DG230-2 GC,add DG200-2 GC
Aspen, CO 81611-1902 Rev 02-add service entrance rated transfer switch
(970)456-3025 Rev 03-add oil pan heater,price check
Email: andy.rossetto@cityofaspen.com Rev 04-remove weather enclosure,add level 1 sound enclosure
SOURCEWELL COOPERATIVE PURCHASING -MEMBER ID#35520 Rev 05-remove City of Aspen,add Gould Construction
CONTRACT#120617-CAT Rev 06-remove Gould Construction,add City of Aspen,price chec
Rev 07-Sourcewell Cooperative Purchasing ID#35520
ITEM QTY DESCRIPTION UNIT PRICE TAX EXTENDED PRICE
A 1 Caterpillar®G14.2PGAN DG200-2 GC standby generator set $75,020.90 N $75,020.90
Fuel type: NATURAL GAS(required fuel inlet pressure 11 - 14"H20)
IS08528 nameplate rating: 200 kW 250 kVA emergency/standby electrical service
480Y/277 volt, 3-phase,4-wire, 60 hertz
EPA emission certified for US stationary emergency only
UL2200 listed package, NFPA 99/110 compliant
Level 1 sound attenuated weather protective enclosure-white
Exhaust silencer
EMCP 4.213 electronic modular control panel includes to following features:
Integrated programmable logic control, configurable 1/0,Modbus RTU comms
1st Circuit Breaker: UL489 400AF/300AT 3-pole LSI electronic 100%rated
Low coolant level shutdown, low coolant temperature alarm
Cat®lead acid engine start battery set, cables, secure mounting tray
Charging alternator+multi rate 20A battery charger with NFPA alarms
Engine jacket water heater, oil pan heater
Generator standard frame, single bearing, 130 °/40°C rise, self excitation
Integrated voltage regulator it excitation module,
Initial fill;engine oil,engine coolant, battery electrolyte(fuel not included)
Standard 2-year standby warranty
Estimated ready to ship 12- 16 weeks from release of approved order
B 1 Caterpillar®CTGSE Series Automatic Transfer Switch $8,491.33 N $8,491.33
Service Entrance Rated
400 Amp 3-Pole w/Solid Neutral Bus Bar
Contactor type switching, open transition transfer
480Y/277 volt, 3-phase,4-wire,solid neutral bus
MEXEG Accessory Group, ZNETM Modbus Communications Card
Enclosure: NEMA 311 outdoor includes integral space heater and t-stat
Standard 2-year standby warranty
Estimated ready to ship 8- 10 weeks from release of approved order
C 1 On-site startup, commissioning assistance, and operator hands on training $3,340.91 N $3,340.91
Recommended options:
0 Platinum Plus 5-Year 2500-hour$0 deductible extended service coverage warranty $2,050.00 N
0 2-hour resistive load bank test(performed during startup) $2,500.00 N
D 1 Estimated ground freight(shipping prepaid, handled, and added) $3,000.00 N $3,000.00
NOTES/COMMENTS/EXCEPTIONS:
We are not including: off loading, handling, storage, permits,engineering,
fuel, other third party testing or inspections,or installation services.
Shipping Is arranged by Wagner In accordance with Incoterms®2010 DAP,equipment deliveries are Included to the Subtotal $89,853.14
specified address. Unless stated elsewhere in this quotation we exclude any additional shipping and handling,off loading,
hoisting,rigging,engineering,Installation,anchor bolts,storage and/or preservation,all fuel,permits,third party Tax Rate 0.0000%
Inspections,Infrared and/or other specialized testing services.Installation of all loose supplied Items are the
responsibility of the buyer or Installing contractor. Wagner can provide limited Installation services at our regular Estimated Sales Tax $0.00
prevailing field rates. This offer valid for 30 days after which we reserve the right to revise or withdraw our offer.
Wagner Equipment Co.standard terms&conditions shall apply.Invoices are released on date of substantial shipment. Trade Credit ($0.00)
Payment terms are Net 30.Invoices are due in full,pay when get paid,or other withholds are expressly not allowed TOTAL $89 853.14
without our prior written consent.Past due account balances will Incur services charges.
30810062.07 Page 1 of 1
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FORM E >�
CONTRACT ACCEPTANCE AND AWARDNadonA hint Pawns AUim&
aZ
NJPA
(Top portion of this form will be completed by NJPA if the vendor is awarded a contract.The vendor should
complete the vendor authorized signatures as part of the RFP response.)
NJPA Contract#: 120617-CAT
Proposer's full legal name:Caterpillar Inc.
Based on NJPA's evaluation of your proposal,you have been awarded a contract.As an awarded vendor,you
agree to provide the products and services contained In your proposal and to meet all of the terms and
conditions set forth in this RFP,in any amendments to this RFP,and In any exceptions that are accepted by NJPA.
The effective date of the Contract will be January 29,2018 and will expire on January 29,2022(no later than the
later of four years from the expiration date of the currently awarded contract or four years from the date that the
NJPA Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at NJPA's
discretion.
NJPA Authorized Signatures:
Jeremy Schwartz
NJPA IREC R OF COO 6TI ECONTRACTS (NAME PRINT ED OR TYPED)
AND PROCUREME /CPO
Chad Coquette
N ECUTIVE DIRECTOR/CEO SIGNATURE (NAME PRINTED OR TYPED)
Awarded on January 25,2018 NJPA Contract# 120617-CAT
Vendor Authorized Signatures:
The Vendor hereby accepts this Contract award,including all accepted exceptions and amendments.
Vendor Name Caterpillar Inc.
Authorized Signatory's Titre General Manager-IPSD Power Generation
,;e� 111�, Bart Myers
VENDOR AUTHORIZED SIGNATURE (NAME PRINTED OR TYPED)
Executed on Januaryr 26,201g NJPA Contract # 120617-CAT