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HomeMy WebLinkAboutresolution.council.144-17 RESOLUTION # 144 (Series of 2017) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING CONTRACTS BETWEEN THE CITY OF ASPEN AND TWO VENDORS, WESCO DISTRIBUTION AND IRBY ELECTRICAL AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for Electrical Transformer Procurement, between the City of Aspen and Wesco Distribution a true and accurate copy of which is attached hereto as Exhibit "A"; and between the City of Aspen and Irby Electrical a true and accurate copy of which is attached hereto as Exhibit "B"; 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 Electrical Transformer Procurement, between the City of Aspen and Wesco Distribution and the City of Aspen and Irby Electrical, copies of which are annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreements on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Counc' of the City of Aspen on the 13`" day of November 2017. �L �'k'/ Steven Skadr n, Mayor I, Linda Manning, 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, November 13, 2017. inda Manning, City Cler r 9 1de Cltr olCwea CITY OF ASPEN STANDARD FORM OF AGREEMENT I SUPPLY PROCUREMENT City of Aspen Project No.: 2017-097. AGREEMENT made as of 9'day of October,in the year 2017. BETWEEN the City: Contract Amount: The City of Aspen clo Electric 130 South Galena Street Total:$O value. Transformers Aspen,Colorado 81611 purchased on an as-needed basis Phone: (970)920-5055 If this Agreement requires the City to pay And the Vendor: an amount of money in excess of $25,000.OD it shall not be deemed valid Wesco Distribution until it has been approved by the City c/o Council of the City of Aspen. 11333 E. 55h Avenue, Unit A City Council Aooroval: Denver,CO 80239 Phone: 303-217-7513 Date: October 9, 2017 Resolution No.: Summary Description of Items to be Purchased: Transformers on an as-needed basis. 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. Deliverv. (FOB 500 Doolittle Drive,Aspen, Colorado 81611) I oWery Addmssi 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. (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. S. Aereement Made in Colorado. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 10. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation,review or drafting of the Agreement. 11. Certification Regarding Debarment. Suspension. Ineligibility. and Voluntary Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Vendor or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 12. Warranties Against Contingent Fees, Gratuities.Kickbacks and Conflicts of Interest. (A)Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Vendor for the purpose of securing business. (B)Vendor agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement,or to any solicitation or proposal therefore. (C)Vendor represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1)year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (D)In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Vendor;and 4. Recover such value from the offending parties. 13. Termination for Default or for Convenience of City. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 14. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City using state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 15._ City Council Aooroval. 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. 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. 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. FOR THE CITY OF ASPEN: JE T: By: City Manager C erk VENDOR: WESCIODI/STRIBUTIO/N ��GS /�SSGG �4fc- Title —� EXHIBIT A SUPPLY PROCUREMENT AGREEMENT Wesco agrees to supply the City of Aspen the transformers and cable on an as-needed basis through September 30, 2018 at the prices listed below. Single Phase Underground 250 kVA 120/240v Transformer $4,792.00 Pad mount. Price includes shipping. Three Phase Underground 750 kVA 120/208 Transformer $14,177.00 Pad mount. Price includes shipping. —"Okanite'cable— tJ{( Lead Times: Drawing Submittal 4-5 weeks after receipt of order Approval Order 20-22 weeks after return of approved drawings Firm Order 20-22 weeks after receipt of order Lead times are dependent on available production space at the time of order. me eur alhpen CITY OF ASPEN STANDARD FORM OF AGREEMENT I SUPPLY PROCUREMENT City of Aspen Project No.: 2017-097. AGREEMENT made as of 9s'day of October, in the year 2017. BETWEEN the City: Contract Amount: `Ihc City of Aspen c/o Electric 130 South Galena Street Total: Purchase of various Aspen, Colorado 81611 transformers on an as-needed basis 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 Stuart C Irby dba Irby Electrical until it has been approved by the City c/o Holly Nyman Council of the City of Aspen. 5055 Lima Street City Council Approval: Denver, CO 80239 Phone: 303-222-5003 Date: October 9, 2017 Resolution No.: Summary Description of Items to be Purchased: The purchase of various transformers on an as-needed basis. 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 500 Doolittle Drive, Aspen, Colorado 81611 [Delivery Address] 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. (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 debannent, 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 tent of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (D)In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Vendor; and 4. Recover such value from the offending parties. 13. Termination for Default or for Convenience of Citv. 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 detennine 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. 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. 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. FOR THE CITY OF ASPEN: ATTEST: By: City Manager City Clerk VENDOR: STUART C 1 BY dba IRBY ELECTRIC Title EXHIBIT A SUPPLY PROCUREMENT AGREEMENT The City will purchase a variety of transformers on an as-needed basis through September 30, 2018. There is no guarantee of the dollar amount the City will spend within the contract period. Quoted lead times are subject to change. Only routine tests as defined per IEEE C57.12.00-2015, Table 17 shall be performed on all transformers unless the City specifically requests additional testing. Additional testing is not included in this agreement. All One-Phase and Three-Phase pad mount transformers will be designed and manufactured in accordance with the latest revision of IEEE Standards C57.12.34 and C57.12.28. Low Side Cost Per Transformer Type Rated kVA Voltage Delivery Unit Single Phase Underground 25 kVA 120/240 V 9-11 weeks $1,491.33 Single Phase Underground 50 kVA 120/240 V 9-11 weeks $1,815.13 Single Phase Underground 75 kVA 120/240 V 9-11 weeks $2,403.98 Single Phase Underground 100 kVA 120/240 V 9-11 weeks $2,795.13 Single Phase Underground 167 kVA 120/240 V 9-11 weeks $3,604.96 Single Phase Underground 250 kVA 120/240 V NA NA Three Phase Underground 75 kVA 120/208 V 10-12 weeks $6,497.29 Three Phase Underground 75 kVA 277/480 V 10-12 weeks $6,457.77 Three Phase Underground 150 kVA 120/208 V 10-12 weeks $7,308.33 Three Phase Underground 225 kVA 120/208 V 10-12 weeks $8,026.11 Three Phase Underground 300 kVA 120/208 V 10.12 weeks $8,664.34 Three Phase Underground 1 500 kVA 120/208 V 10-12 weeks $11,252.39 Three Phase Underground 500 kVA 277/480 V 10-12 weeks $10,124.02 Three Phase Underground 750 kVA 120/208 V 10-12 weeks $16,139.88 Three Phase Underground 750 kVA 277/480 V 10-12 weeks $13,630.28 Three Phase Underground 300 kVA 277/480 10-12 weeks $8,388.16 Primary inserts and fusing is not included in price. Invoices must be submitted to APa,cityofaspen.coin and include the City's purchase order number on the invoice. Failure to do so will result in significant delays in processing the payment. The City will not pay late fees or services charges on delayed payments caused by failure to follow the submission process.