Loading...
HomeMy WebLinkAboutresolution.council.071-25RESOLUTION # 071 (Series of 2025) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND TIMBER LINE ELECTRIC AND CONTROL CORPORATION. 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 professional services agreement for 2025 SCADA Improvements, between the City of Aspen and Timber Line Electric and Control 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 the professional services agreement for the 2025 SCADA Improvements, between the City of Aspen and Timber Line Electric and Control 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 27th day of May 2025. c---� Richards, 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 I Council of the City of Aspen, Colorado, at a meeting held, May 27th, 2025 w Nicole Ije+ning, City Clerk Docusign Envelope ID: 53F02E38-E838-4B1 D-845F-AEA54A5F38DA CITY OF ASPEN STANDARD FORM OF AGREEMENT CITY OF ASPEN SUPPLY PROCUREMENT AND PROFESSIONAL SERVICES City of Aspen Project No.: 2025-204 AGREEMENT made as of Sth day of May, in the year 2025. BETWEEN the City: The City of Aspen 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5055 And the Professional: Timber Line Electric &Control Corporation 17591 Hwy. 8, Box 793 Morrison, CO 80465 303-697-0440 For the Following Project: 2025 SCADA Improvements Contract Amount: Total: $192,162.00 If this Agreement requires the City to pay an amount of money in excess of $100,000.00 it shall not be deemed valid untiI it has been approved by the City Council of the City of Aspen. City Council Approval: Date: OS/27/2025 Resolution No.: 2025-071 Exhibits appended and made a part of this Agreement: Exhibit A: List of supplies, equipment, or materials to be purchased, Scope of Work, and Fee Schedule. Agreement for Procurement and Professional Services Page 0 Updated 5/2024 Docusign Envelope ID: 53F02E38-E838-4B1D-845F-AEA54A5F38DA The City and Professional agree as set forth below. SUPPLY PROCUREMENT 1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, or materials as described in Exhibit A, appended hereto and by this reference incorporated herein, for the sum of set forth above. 2. Delivery. (FOB Multiple sites determined by Utilities Department) 3. Contract Documents. This Agreement shall include ali Contract Documents as the same are listed in the Invitation to Bid or Request for Proposals 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 ali of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 7. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than 11/14/2025 with the installation and operation of all the equipment no later than 11/14/2025. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 8. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The rates for work performed by Professional shall not exceed those rates set forth at Exhibit A appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. Agreement for Procurement and Professional Services Page 1 Updated 5/2024 Docusign Envelope ID: 53F02E38-E838-4B1D-845F-AEA54A5F38DA 9. Non-Assi amity. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub -Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub -contractor. 10. Termination of Procurement. 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. 11. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 12. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 13. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in Agreement for Procurement and Professional Services Page 2 Updated 5/2024 Docusign Envelope ID: 53F02E38-E838-4B1D-845F-AEA54A5F38DA whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 14. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Wo�ke�'s Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self -insured status may be substituted for the Worker's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury Agreement for Procurement and Professional Services Page 3 Updated 5/2024 Docusign Envelope ID: 53F02E38-E838-4B1D-845F-AEA54A5F38DA (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1, 000, 000.00) each occurrence and ONE MILLION DOLLARS ($1, 000, 000. 00) aggregate with respect to each Professional's owned, hired and non - owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. ible for any deductible losses under any The Professional shall be solely respons policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. Agreement for Procurement and Professional Services Page 4 Updated 5/2024 Docusign Envelope ID: 53F02E38-E838-4B1 D-845F-AEA54A5F38DA (g) The parties hereto understand and agree that City is relying on and does not waive or intend to waive by any provision of this contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 15. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business lkl hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 16. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 17. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 18. 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 services under this contract. Professional agrees to meet all of the requirements of City 's municipal code, Section 15.04.570, pertaining to non-discrimination in employment. Any business that enters into a contract for goods or services with the City of Aspen or any of its boards, agencies, or departments shall: (a) Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other employment -related decision or benefit on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (b) Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. The foregoing provisions shall be incorporated in all subcontracts hereunder. 19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any Agreement for Procurement and Professional Services Page 5 Updated 5/2024 Docusign Envelope ID: 53F02E38-E838-4B1 D-845F-AEA54A5F38DA term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 20. Execution of A;reement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the City Manager of the City of Aspen (or a duly authorized official in the City Manager's absence) and if above $100,000, following a Motion or Resolution of the Council of the City of Aspen authorizing the City Manager (or other duly authorized official in the City Manager's absence) to execute the same. 21. Warranties Against Continent Fees, Gratuities, Kickbacks_ and Conflicts of Interest. (a) Professional 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 Professional for the purpose of securing business. (b) Professional 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) Professional 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 Professional, 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 Professional; and 4. Recover such value from the offending parties. Agreement for Procurement and Professional Services Page 6 Updated 5/2024 Docusign Envelope ID: 53F02E38-E838-4B1D-845F-AEA54A5F38DA 22. 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. 23. General Terms. agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. 24. Additional Provisions. In addition to those provisions set forth herein and in the Contract Documents, the parties hereto agree as follows: [ ] No additional provisions are adopted. [X] See Exhibit A below. 25. 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. 26. The Professional in performing the Services hereunder must comply with all applicable provisions of Colorado laws for persons with disability, including the provisions of §§24-85-101, et seq., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established by Agreement for Procurement and Professional Services Page 7 Updated 5/2024 Docusign Envelope ID: 53F02E38-E838-4B1 D-845F-AEA54A5F38DA the Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CUR 150141. Services rendered hereunder that use information and communication technology, as the term is defined in Colorado law, including but not limited to websites, applications, software, videos, and electronic documents must also comply with the latest version of Level AA of the Web Content Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the information and communication technology used, created, developed, or procured in connection with the Services hereunder meets these standards, Professional may be required to demonstrate compliance. The Professional shall indemnify the CITY pursuant to the Indemnification section above in relation to the Professional's failure to comply with §§24-85- 101, et seq., C.R.S., or the Technology Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to Section §24-85-103(2.5). Agreement for Procurement and Professional Services Page 8 Updated 5/2024 Docusign Envelope ID: 53F02E38-E838=4B1D-845F-AEA54A5F38DA IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date first written above. CITY OF APdOLORADO: By: [Signature] Pete Strecker [Name] Title: Interim City Manager 5/28/20�5 � 2:35:26 PM MDT Date: Approved as to form: DocuSigned by: City Attorneys Office PROFESSIONAL: By: by: [Signature; Kim Evezich [Name] Tltle: Corporate Secretary Date: 5/7/202 5 � 9 : 3 5 : 40 AM PDT Agreement for Procurement and Professional Services Page 9 Updated 5/2024 Docusign Envelope ID: 53F02E38-E838-4B1 D-845F-AEA54A5F38DA EXHIBIT A kTL/EC& member Line Electric d Control Corporation 11 � I3ax 793 fwriwn CO 8U65 9793 3U349T MO 1r~axr 3OX 69T-0450 ICimGI LECC _[WI Gate� 5�r1� �� RE'�'IEEG� T0. City of Aspen Water RE: Upgrade Hoscad to ACE at B :situ REF, 36432 t7�cr hi�cssir�. To �fnd opportunities to delight cur peers and ci stomers by making the Complex simple. 'ti'''ie are pleased to pro�.tlde tl'IIS quotation tol' }tour re'lle4'�'. 1..�1I qr� otatio n s issued, and orders recei�.ted art TLE�C are � ub�e ct to fi na acceptance b}t our principal. 2. Shipping dates are based on the best information obtairr ble from suppliers AT THE TIME OF QUOTATION. �. Quote is valid for 30 days from quote date. again, thank}tou far }tour inquir}t.can be of further assistance, please do n of h esitate t o contact o ur office. Sincerehjt, Kim E►.�e�ich Historical notes: rAost of the tyloscads being replaced at the ���ater sites ��,rere installed bett�reen 1997 and 2i=iO3, making most at least 20 }tears old. The rlotorola Hardware has exceeded the expected life .span by manyyears. The f lotorola r4loscad was originall}t selected due to Its extended temperature range of AOF to120F, the store-2ncl4orward capabilities, and the usage of licensed frequency radios that can achieve communications in difficult topography. Neer Product selection notes: 1. Due to the difficult topography, the licensed UHF radio is :still the preferred method of communication for remote sites Agreement for Procurement and Professional Services Page 10 Updated 5/2024 Docusign Envelope ID: 53F02E38-E838-4B1D-845F-AEA54A5F38DA Me OmO40F rating and capabilities of frequencyutilizing the d enhanced communication backbone network at Nighthawk. From there, the information will be sent via the existing Proxim radio network to the WTP, We have provided a modest budget for antenna replacement parts at each site . We antici Our plan is to change the radio network to send these 8 sites to the will have very old original antennas, We will replace the antenna parts/assembliest before We have provided a new polyphaser and AC surge RTU as iiese are t e uI 4 i-tratitait for rattPctitir ipw P.ininup.it. installed in 1997. e d installedto be radioRDS UHF radio and change the g. We provi I< " a new s et of l E antenna parts. Includes programming of the ACE unit and radio frequency programing, Notes there are NO AO Modules at this site, Upper Aspen Grove I i live r Ra i a Motoro enclosure,existing ..e will provide f new MIDS UHF radio and change the radio network 11 tet of AutoCAD prints,e'd programmingIncludes i programing, This site does have an A0 module. Lower1en Grove ' ump Stationq original Motorola! m od ul es to be -r enclosure. We Will provide a new RDS UHF radio and changeexisting radio network mapping._ a new set of iCAD pn*nM and new asmaneeded antenna parts. programming of the ACE unit and radio frequency programing.Includes This site does have an AOd T Wffl lor Agreement for Procurement and Professional Services Page ll Updated 5/2024 Docusign Envelope ID: 53F02E38-E838-4B1D-845F-AEA54A5F38DA programing. This is a solar powered site and will be provided with a 1&72VDC poorer supply, and will have the solar system re -wired to 24'Volt supply, including a 24VDC charger. 5 Aspen drove tank valve vault $18,699tOO Motorola ACE with 21/0 modules to be installed in the existing enclosure. We will provide a new MDS UHF radio and change the radio network mapping. We will provide e new set of AutoCAD prints, and new as -needed I antenna parts. Includes programming of the ACE unit and radio frequency programing. This site has an Analog output module for control of the valve. Optional iitems for panel +cleanup: Remove the time $151416m0l] decks from each of (3) pump Station RTU panels, remove the wiring for the timers that are linked to the pilot devices in on the enclosure front, redline the prints, change AutoCAD drafting. These changes will also .require testing from the WTP via radio and the local pilot control due to wiring being removed or changed, These timers exist at the Upper Red PS, Upper Aspen Grove PS and Loner Aspen Grove PS. we anticipate that this will tale a total 'of t man days plus additional AutoCAD Work. 7 Contingency for solar: We have allowed for a 24VDC solar $4175e ffl charger at Upper Aspen Grove tank in the pricing above. Butt we need to research the existing solar panels to determine if they are adequate for the ACEJMDS power usage. At a minimum we suggest (2) Two of the 120Watt 24VDC solar panels with bracket, With installation time. R Nighthawk and WTP: for networking the data to/from the p3846DO existing MDS radio, and for adding the data to the backhaul to the WTP carer the existing Proxim radios. This 'also indudes time to change the database at the WTP I from Moscad to ACE for 5 sites, and change,the radio network ath 9 Contingencies for unknowns: many of these sites were $4r5 5.( > installed in the.1490's end have had various service work and updates since then. Not all of the small changes have been documented on the AutoCAD prints. Additionally, we may Tina other items_ suds as panel meters that are non4functlonal. Our pants show many primary,sensing devices that may ,have been replaced and now need to have CAD updated. We can document these hours, as -needed. 10 Rio Grande Site 31a This site was originally installed in $20;1506 2006, Motorola ACE with 31/0 modules to be installed in the existing enclosure.We will provide a new MDS UHF radio and . Agreement for Procurement and Professional Services Page 12 Updated 5/2024 Docusign Envelope ID: 53F02E33-E333-4D1D�345F-AEA54A5F33DA change the radio neta'dork mapping. Viol 's';riII provide a n evii set of A.utoCAD, prints, and net'id as -needed antenna parts. InCUdes progr0:mmino of the ACE unit and radio frequenc'r' program ing.. This site does hi re an AO data. points., 11 11ilI Street Well This site 1;NF2 s originalh,c installed in 2001 �2C1r40S O 1 filotorclla ACE with 4 I'O moduleS to be installed in the P�vistillg ern_Iosure. 1� ,e $kvilI prr- I;ride a neevs.11 Poll DoS LIHF radio and change the radio netkivork mapping. le"o1e will prCl:rlde a ne1.,1:Set ' of AUtoCAD prints, and nel,d as -needed antenn2 parts. InCludes pro�aranimino of the ACE ur nit and adio frequencP program ing.. This site doles hzve an AO data points.. Please note, This site ma1rf need to fr:re the antenna moved outside! 1L Little Nell Well site26: This site 'a',ias originall1rr installed in S19cSO4,00 circa 200Ci, f l otorcda ACE r1;'odith 73, III O modules f all mired I/O,i to be Installed in the exiStirna enclosure, 1,11.1e'1;'d1l pri."o.rlde a ne4',l �11D'S UHF radio and change the radio net1;'�dork mapping. Vile ill prcn.ride a ne��,r set of ALlt0CAD1 prints, and ne1;',�r as -needed antenna parts, Indudes programming of the ACE unit and radio freoiueno'rr programing.. This Site does NOT ha'ere an'rAO, i L)i�_oi i 0i 21 lcM`l _ 1i�1, �r_:oi.L'i' 13 I Optional ap�re h'1D'.S radlcls, I = � ''b�.t?t� f74L. 1. Pricing based on completing at least4 Sites at once. 11r'�'e make no Guarantees AM as to future pricing if all sites are not funded from this quote. . i14IDS radios I;at Pdighthasoik ands es remote to rdightNcvo, s)1 AGE has announced a change of models that raodll be phased in the next two years. The nel.iv Orbit model has been bench tested by ors and does not integrate easihr, into the existing tellDS .SD4 net ii,orso ';Ve suggest that Aspen plan on bLrrring at least 1 of these radios as bench spare. GE belie%reS their current stock of PS1DS SDA will last into l 2028, but Fk0ode Suggest NOT o'idaiting until the last minute, (These are separaterdifferent radios from the fvlotorr_Ila 11DS750 and the i'oolotorola Trbo 5500 for which YOU alight hi re spares, so please check 'r`our stock,) Please see Terms belmov regarding tariffs. Agreement for Procurement and Professional Services Page 13 Updated 5/2024 Docusign Envelope ID: 53F02E38-E838-4B1 D-845F-AEA54A5F38DA T�t�tl>�r 1�tie Iul�c:ttic a.ftd C:r,ttirt�3 i�o��,> Tt�rt��s a�t�l �'tit�t3ttl�ins of 5�1e This quote is valid for30 days, and is subject to change sifter that time frame, M] quot bons issued, and orders received by TLECC are subject to final acceptance by our principal auth€dzed representative, Part numbers aad shipping,dates are based oo the best information available at the time of quote and an*, change!. Part numbers charmer fre teently for Items such as cX)nVulers. Shipping tern-m; Shipment timte.$ are based upan receipt of a wrlitere purchase order or contract and sIgned approval drawings. Unless otherwise ruled, all materials are quoted Free On Board point of afigIit. T'LECC- 's f esponsibilily far Icm ceases upon dellkvry to the carrier. Claims for less or datra8e in transit must l maade lay Biovr against tie carrier. If TLECC is delivering lojoh site, nerd off loadbig has not !wen itac:luded in pricing. A,ddtllonal charges may 1w assessed for offloading. Buyer, }{enema] coa►tractor, or rsvi►,er shall lw responsible far proper storAge and luinti tag follot4inp shipi►aertt. TLECC's standard lernas are Nil all dais with I % per month late paynaent charges. 'These terms apply to materials and service %York, Contract.lob tecrn.s are :Net ,ill di vs ter► a worl*.4riwpracpss Imsis. TLECC reserves tip. ri bt to change these trunys at arty time, and has the right to madIN the terms ftir iindividual customers, All sates are subject to acceptable credit rating of buyer. rygy alkivation to theA terms stajed tier a TLECC quote will be cons red a counter offer and is .subject to acceptance in writing by a TLECC authorized representative. Unless clearly stated otherwise, no relalrtaRes will be allowed, err iaYnaent withheld ppAi ing third party payn�.nt. lit the event of nonpaymem, httyk will he srtb)ect to ftnance charges, milection ccrsis and att€rrney's fuss. rules, use and exc ist tax may Iw, required lay° lase. If buyer is tax exempt, hrt_yer shall provide adr uate documentation to TLECC. If buyer Is NOT tax exempt, Buyer Is resFotisible for sales and use tax: whit! will be charged an the materials of the Job. Please request a sags tax estimate based im the carre+ct isles tine dlstciel bray order cancelled after 3 days of acceptance lays TLECC may be subject to the cost of special materials, nor►-resellablc; !roods and completed labor. lit any enteral, TLECC ri serr<" the right tea charge e the lmiyer for any and all experts" or labor incurred In mitnection with a purchase order. TLECC does not iaffer refuwk on cuslomized equipment.` In the event TLECC is tenable to ship or deliver parts or perform services pursuant to any purchase eardea or other contracA enteired or accermi by TLECC due to a "Force Mafture" such as an act of God, strike, lockout or ether Industrial disturbance, act of public eneraay, ,scar, blockader, fitablic deal, li biting, fITC, JIMIdt eaxplrasicart failure to i nely receive necessary governtnent approvals, grfrveriameru rewtraint or arty other cause, which Is not reasonably within the control of TLECC, TLECCs obligations ruder the purchase carde4 or other contract shall he suspended duelttg such FLU, ce Mijetare. If the Farce Majeure cannot be pronTily rr to awn] In TLECC's sole opinion, at TLECUs sole option, titerpturchase arder or other cantrac:t may be terminated without further obligation or liability on the pars of either party. TLECC lxanors a I year warrartty on new equipment. This includes repair or d Wacement of said quipna,eet at `TLFFCC`s discrealon. The equipaaaent warranty clues not Include the travel or labor to iroublesboot e uip eal_ TLECC may Incltarie dw lalmd at TLECUrt discretion. TLFCC *1111 honor a -90 day warranty on all Installation labor. Except for those expressly provided for herein, tan tether warranty xpre.ss or implied applies.. TLECC is not liable €irr lightning damage, vsuidal ism, at acts of Go& 6yufaiaty will be vDki on equipment which has been serviced lay persons other than TLECC emphiYees, Lirnilwlons,of liahility�. TLECC is not responsible foe any niadIfication or repairs to TLECC prodaets tnade by peruans other than TILECC powsonal. Timber Line Is not liable for any and all rmArluential and ineldental darnages arising out 4 or in connection with arty purchase order fir contract frarcqui intent or services. This Includes but is not limited to instatlr tte}ta, serxili , or product's fallurf to perform In connection with purchase ruder, contract, or veil)al request fear service. Agreement for Procurement and Professional Services Page 14 Updated 5/2024