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Home My WebLink Aboutresolution.council.069-18 RESOLUTION #069 (Series of 2018) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN NATIONAL METER & AUTOMATION AND THE.CITY OF ASPEN 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 National Meter & Automation, 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 Badger water meters and supplies, between National Meter & Automation and the City of Aspen, 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 b the City Council of the City of Aspen on the 30th day of April, 2018. Steven Sk dron, 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, April 30, 2018. 1 , Linda Manning, City Cle k �� N AT I O N A L I QUOTATION - METER&AUTOMATION l 7220 South Fraser Street DATE: April 2nd,2018 Centennial,CO 80112 QUOTED BY: Gabe Vargas Phone:303.339.9100 CUSTOMER EMAIL: keith.wester0cityofasoen.com Fax:303.649.1017 BILLT0: Cry of Aspen SHIP TO: City of Aspen 500 Doolittle Dr. 500 Doolittle Dr. Aspen,CO.81611 Aspen,CO.81611 SALESPERSON PAYMENTTERMS SHIPPING SHIPPING SUBJECT TO REVIEW METHOD TERMS Jon Watson Net 30 Days Best Way FOB Centennial,CO. 1L31/2018 QTY Product Description .UNIT PRICE AMOUNT DISC METER W/HRE MECHANICAL ENCODER 035 3/4'x9'BRZ DISC METER W/HRE 6-DIAL MECHANICAL ENCODER It 1 GENERIC CONNECTIVITY $173.78 $173.78 LF70 1'x10 3/4'BRZ DISC METER W/HRE 6-DIAL MECHANICAL ENCODER ri 1 GENERIC CONNECTIVITY $219.61 $219.61 LF1201 1/Y BRZ DISC METER W/HRE 6-DIAL MECHANICAL ENCODER B: 1 GENERIC CONNECTIVITY 25 CABLE $608.73 $608.73 LF1702'BRZ DISC METER W/HRE 6-DIAL MECHANICAL ENCODER a GENERIC 1 CONNECTIVITY 2S CABLE $743.00 $743.00 TURBO METER W/HRE MECHANICAL ENCODER LF1601 1/Y BR2 TURBO METER W/HRE 6-DIAL MECHANICAL ENCODER Ti I GENERIC CONNECTIVITY 25 CABLE•INTEGRAL STRAINER $1,011.50 $1,011.50 LF200 2'BRZ TURBO METER W/HRE 6-DIAL MECHANICAL ENCODER B GENERIC 1 CONNECTIVITY 25 CABLE r INTEGRAL STRAINER $1,135.00 $1,135.00 HRE MECHANICAL ENCODER ONLY 1 M35-M70 HRE MECHANICAL ENCODER W/GENERIC CONNECTIVITY - $75.74 $75.74 1 MIZO-MI70 HRE MECHANICAL ENCODER 25'CABLE W/GENERIC CONNECTIVITY $96.17 $96.17 CONNECTORS -- 1 3/4'-METER CONNECTOR5.1404 $5.83 $5.83 1 1'METER CONNECTORS.1405 $8.7.5 58 25 1 1 12'ELLIPTICAL FLANGE KIT.4650 $74.10 $74.10 1 2'ELLIPTICAL FLANGE KIT $88.74 $88.74 SUBTOTAL $ 4,240.45 Sales Tax: To be quoted at time of order SALES TAX - Est. Lead Time: 4 to 6 weeks ARO FREIGHT Add TOTAL $ 4;240.45 THANK YOU FOR YOUR BUSINESSI I This quotation is an offer wbjett to the Terms and Conditions available on our website: www.nationalmeter.com/le0a I NATIONAL QUOTATION METER&AUTOMATION - 7220 South Fraser Street DATE: April 2nd,2018 Centennial,CO 80112 QUOTED 8Y: Gabe Vargas Phone:303.339.9100 CUSTOMER EMAIL: keith.westero)citvofasoen com Fax:303.649.1017 BILLTO: City of Aspen SHIP TO: City of Aspen 500 Doolittle Dr. 500 Doolittle Dr. Aspen,CO.81611 Aspen,CO.91621 SALESPERSON PWMENTTERMS SHIPPING .SHIPPING METHOD TERMS SUBJECT TO REVIEW Jon Watson Net 30.Days Best WaY FOB Centennial,Co. 12/31/2018 QTY Product Description UNIT PRICE AMOUNT the eltr oluspea CITY OF ASPEN STANDARD FORM OF AGREEMENT oinatlarnet)pliee SUPPLY PROCUREMENT City of Aspen Project No.: 2018-50752. i . AGREEMENT made as of 23rd day of April,in the year 2018. BETVVEEN the City: Contract Amount:. The City of Aspen c/o Water Department 130 South Galena Street Total: S Not to exceed$30,000 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 National Meter& Autom until It has been approved by the City Council of the City of Aspen. 7220 South Fraser Street City Council Aooroval: Centennial,CO 80112 Phone: 303.339.9100 Date:April 23, 2018 Resolution No.: Summary Description of Items to be Purchased: Water meters,parts, accessories 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) [Delivery Addre" 1 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. q. .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, Susmension. 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. I (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: 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 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. I5. 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 codei 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 panics hereto. 18. Authorized Renresentative. 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: i BY: C Aspen City Manager 4indaanning, City Clerk Date SUPPLIER: lb-adl tYlr r, l.cic.-MFY NATIONAL, -METER(&AUTOMATION By: l� CIr)af Title // J l I C1�lQt Date EXHIBIT A SUPPLY PROCUREMENT AGREEMENT The City of Aspen shall purchase water meters,parts and accessories on an as-needed basis from National Meter&Automation from April 24,2018 thru December 31,2018. The minimum contract value is$0 and the maximum contract value is$30,000.00. The City does not guarantee the maximum dollar amount. NATIONAL QUOTATION METER G AUTOMATION 7220 South Fraser Street DATE: April 2nd,2018 Centennial, CO 80112 QUOTED BY: Gabe Vargas Phone: 303.339.9100 CUSTOMER EMAJL: keith-westerno citYofasoen.com Fax: 303.649.1017 BILL TO: City of Aspen SHIP TO: City of Aspen 500 Doolittle Dr. 500 Doolittle Dr. Aspen,CO.81611 Aspen,CO.81611 SALESPERSON PAYMENT TERMS SHIPPING SHIPPING SUBJECT TO REVIEW METHOD TERMS Jon Watson Net 30 Days Best Way I FOB Centennial,CO.. 12/31/2018 QTY Product Description VNrr PRICE. AMOUNT DISC METER W/HRE MECHANIGL ENCODER LF35 3/4'x9'BRZ DISC METER W/HRE 6-DIAL MECHANICAL ENCODER h 1 GENERIC CONNECTIVITY $173.78 $173.78 - . LF70 11110 3/4-BRZ DISC METER W/HRE 6-DIAL MECHANICAL ENCODER 6 1 GENERIC CONNECTIVITY 5219.61 $219.61 LF 120 1 1/Z'BRZ DISC METER W/HRE 6.0IAL MECHANICAL ENCODERB 1 GENERIC CONNECTIVITY 25'CABLE 5608.73 5608.73 LF170 P BRZ DISC METER W/HRE 6-DIAL MECHANICAL ENCODER B GENERIC 1 CONNECTIVITY 25CABLE $743.00 S743.00 TURBO METER W/HRE MECHANICAL ENCODER LF1601 1/2'BRZ TURBO METER W/HRE 6-DIAL MECHANICAL ENCODER 6 I GENERIC CONNECTIVITY 25'CABLE-INTEGRAL STRAINER $1,011.50 $1,011.50 LF200 2'BRZ TURBO METER W/HRE 6-DIAL MECHANICAL ENCODER Fr GENERIC i CONNECTIVITY 25'CABLE •INTEGRAL STRAINER $1,135.00 $1,135.00 NAE MECHANICAL ENCODER ONLY - 1 M35-M70 HRE MECHANICAL ENCODER W/GENERIC CONNECTIVITY $75.74 $75.74 1 MIZO-M170 NAE MECHANICAL ENCODER 25•CABLE W/GENERIC CONNECTIVITY $96.17 $96.17 CONNECTORS - ' I 3/4-METER CONNECTORS.14134 -55.83 $5.83 1 1'METER CONNECTORS.1405 $8.25 SB.Z5 1 11/Z'ELLIPTICAL FLANGE KIT.4650 $74.10 $74.10 1 2-ELLIPTICAL FLANGE KIT $88.74 588.74 SUBTOTAL 5 4,240.45 Sales Tax: To be quoted at time of order SALES TAIL - Eat.Lead Time: 4 to 6 weeks ARO FREIGHT Add TOTAL $ 4,240.45 THANK YOU FOR YOUR BUSINESSII This quotation is an offer subject to the Terms and Conditions available on our website: www.nationalmeter.corn/legal NATIONAL ' QUOTATION METER d AUrOMAT10N 7220 South Fraser Street DATE:April 2nd,2018 Centennial, CO 80112 QUOTED BY: Gabe Vargas Phone: 303.339.9100 CUSTOMER EMAIL: keith.weslerPci"fasoen com Fax: 303.649.1017 BILL TO: City of.Aspen SHIP TO: City of Aspen 500 Doolittle Dr. SOD Doolittle Dr. Aspen,CO.81611 Aspen,CO.81611 SALESPERSON PAYMENT TERMS SHIPPING SHIPPING METHOD TEAMS SUBJECT TO REVIEW Jon Watson Net 30 Days Best Way FOB Centennial,CO. 12/31/2018 QTY Product Description UNIT PRICE AMOUNT