Western States Cat - ASCO Medium Voltage Auto Transfer Switch for the WRRF City of Meridian
Purchasing Dept.
Memo
To: C.Jay Coles, City Clerk
From: Keith Watts, Procurement Manager
CC: Dan Berthe, Clint Dolsby
Date: 2/12/2020
Re: February 181" City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
February 18t" City Council Work Session Consent Agenda for Council's consideration.
Approval of Sole Source purchase of an ASCO Medium Voltage Automatic Transfer
Switch for the WRRF from Western States Cat.The Not-to-Exceed amount for this Item
is $124,950.00.
Recommended Council Action: Approval of Sole Source Purchase in the
amount of$124,950.00 per the attached Sole Source Request.
Thank you for your consideration.
• Page 1
Meridian City Council Meeting Agenda February 18,2020— Page 196 of 270
PURCHASING AGENT
lc� E IDIAN.- 33 East Broadway Avenue
-� Meridian, ID 83642
Phone: 208-888-4433 Fax: 208-887-4813
CITY OF MERIDIAN
SOLE SOURCE FORM
Date: 2/7/2020
Item or Service: Medium Voltaae Automatic Transfer Switch
❑ Sole Source: Item is available from only one vendor. Item is one-of-a kind
item and is not sold through distributors. Manufacturer is a
sole distributor.
Refer to instructions on 2nd page for completion.
JUSTIFICATION: (Attach additional pages if needed)
The Automatic Transfer Switch is an integral part in the Caterpillar backup generation system at
the WRRF. The National Fire Protection Association (NFPA) requires the City to have a
Standby Power System with 24-hour service agreement and spare parts available for the
WRRF. The City currently has a Caterpillar standby generator system and an agreement with
Western States for the 24-hour service and spare parts. The Automatic Transfer Switch is an
integral part of this system in which Western States is contractually required to maintain. It
would be impractical to purchase the switch and installation services for a system that they are
under contract to maintain. The Public Works department is therefore requesting this sole
source under Idaho Statute 67-2808 (2)(viii).
CERTIFICATION:
I am aware of the requirements set forth in the City's Purchasing Policy& Procedures Manual for competitive bidding and the
established criteria for justification for sole source/sole brand purchasing. I have gathered technical information and have made
a concerted effort to review comparable/equal equipment. I hereby certify as to the validity of the information and feel confident
that this justification for sole source/sole brand meets the City's criteria and is accurate.
AAaAJ Date 2 Council Approval
18-2020
Zepartment
stor(Print Na /
Purchasing
Approval:
Manager Signature P chasing Manager
Meridian City Council Meeting Agenda February 18,2020— Page 197 of 270
WESTERN
r STATE S 0 ►
Proposal
Project: Meridian MV ATS Date: 02/10/2020 Quote: Custom
Attn: Estimator Valid: 30 days From: Andrew Erickson
ATS Option 1:
• Asco medium voltage ATS
• 1200 amp, 12,470 volt
• Three phase, 3-wire
• Nema 3R
• Remote mounted controls
• 120 V strip heater
• 21-22 week lead time
Total price for above package:$124,950.00
ATS Option 2:
• Eaton medium voltage ATS
• 1200 amp, 12,470 volt
• Three phase, 3-wire
• Nema 3R
• Remote mounted controls
• 120 V strip heater
• 12-14 week lead time
Total price for above package:$155,530.00
Included:
Startup:8 hrs-1 trip-1 day Freight:Included to first destination
Maintenance Program:Available Site Load test:100%available building load
Spare parts kit:fuses only,all lights led Factory Test:100%load at 0.8 pF
Warranty Genset: n/a Owner training:Yes included
Warranty ATS:standard
Not included:
Installation/Anchor Calculations: Any fuel or fuel piping
Taxes/Permits of any kind/Any engineering Offloading at jobsite:
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Meridian City Council Meeting Agenda February 18,2020— Page 198 of 270
Notes and clarifications:
Terms:
100%of payment is required prior to startup and testing on the jobsite.
Additional trips to jobsite due to installation items beyond our control will be additional.A pre-startup check off list is required to be sent to
WSECO project manager prior to startup date.
Payment terms are in accordance with WSECO Standard terms upon approved account
No retainer is allowed unless specifically agreed to in writing prior to order placement.
Cancellation charges minimum of 25%once released.No return on manual transfer switches
Thank you for the opportunity to quote quality Caterpillar products and services. Please let me know how we can be of assistance.
Sincerely, Accepted By:
Andrew Erickson Signature:
Power System Sales
Meridian:
208-947-4596
208-870-1665 Printed Name:
Company:
1. METHODS OF ACCEPTANCE and TERMS OF AGREEMENT:This Machine Sales Order("MSO")is an offer for the sale of the equipment and attachments
described on the face hereof(referred to herein generally as"equipment"and"goods"interchangeably)to Customer under the terms and conditions
specified herein. This offer may be accepted by(1)the execution of this MSO by a representative of Customer or(2)Customer's verbal or written
authorization or conduct consistent with prior course of dealing between the parts authorizing WSECO to take action to fulfill this order,or(3)the
commencement of manufacture or shipment of the goods or services specified in this Order,whichever of the foregoing first occurs. Acceptance of this
offer is limited to the express terms stated in this Order. Any proposal in Buyer's acceptance for additional or different terms or any attempt by Customer
to vary in any degree any of the terms or any attempt by Customer to vary in any degree any of the terms of this offer is objected to and hereby rejected,but
such proposals shall not operate as a rejection of this offer,unless such variances are in the terms of the description,quantity,price or delivery schedule of
the goods or services,but shall be deemed a material alteration of this Order and this offer shall be deemed accepted by Seller without said additional or
different terms. Once accepted,this Order shall constitute the entire agreement between WSECO and Customer with regard to the good and services
specified in this Order,and exclusively determines the rights and obligations of the parties,prior course of dealing,customer,usage of trade or course of
performance notwithstanding. WSECO is not bound by any representation or agreements,express or implied,oral or otherwise,which are not stated within
this agreement or contained in a separate writing supplementing this agreement and signed by authorized agents of both WSECO and Customer.
2.TIME OF DELIVERY and SHIPPING. Orders for equipment are processed in the order of their acceptance by WSECO and WSECO will use its reasonable efforts
to deliver the equipment to You on the scheduled delivery date on the face hereof. However,shipping and delivery dates are acknowledged to be estimates
only and dependent upon many factors outside of WSECO's control including,but not limited to,the manufacturer's production schedule,material and labor
shortages,shipping delays and various other unrelated factors. WSECO is not liable for delays or damages caused by delays in delivery or shipment of the
equipment,unless stated on the face of this order to the contrary. You are responsible for all freight,shipping,loading and unloading costs.
3.To secure Customer's obligations under this agreement and to secure all of Customer's present or future debts,obligations or liabilities of whatever nature to
WSECO,Customer grants to WSECO a security interest in the goods described on the reverse side hereof,together with any attachments or accessions
thereto and proceeds from the sale or lease thereof. Customer agrees to deliver to WSECO,properly executed,any certificate of title or other document or
instrument required by WSECO to perfect WSECO's security interest as created in this paragraph. Customer also authorizes WSECO to file financing
statement(s)with respect to the security interest granted herein.
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Meridian City Council Meeting Agenda February 18,2020— Page 199 of 270
4. Risk of loss of the goods shall pass to Customer as soon as the goods are properly loaded on the carrier. WSECO's responsibility for shipment ceases upon
delivery of the goods to a transportation company. Customer shall carry such fire and other insurance as necessary to protect its interest and the interest of
WSECO. Any claim by Customer for shortage in shipment shall be made within fifteen(15)days after receipt of the shipment. It is specifically agreed that
the risk of loss shall not be altered by the fact that the conduct of either party hereto may constitute a default or breach. The shortage in shipment notice
must be in writing within fifteen(15)days and further,short age in shipment is not deemed to constitute a nonconformity.
5. Any notices pertaining to rejection or claims of nonconformity must be made in writing specifying in detail Customer's objections and such notices must be
delivered within ten(10)days after delivery of the goods. It is agreed that in the event of rejection,Customer may in no event resell the goods,even in the
absence of instructions from WSECO,and Customer will store the goods or reship the goods to WSECO. Should Customer sell the goods,such sale shall be
deemed an unequivocal acceptance of the goods. If Customer accepts goods tendered under this agreement,such acceptance shall be final and irrevocable;
no attempted revocation shall have any effect whatsoever.
6. No right or interest in this agreement shall be assigned by Customer without the written permission of WSECO,and no delegation of any obligation owed or
of the performance of any obligation by Customer shall be made without written permission of WSECO. Any attempted assignment or delegation by
Customer shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.
7. WSECO shall have all rights and remedies provided in the Uniform Commercial Code and in any other documents executed in connection with this
agreement. Customer agrees to pay all costs incurred by WSECO in enforcing this agreement or any of its provisions,including without limitation reasonable
attorney's fees and costs and all costs of reclaiming the goods,whether or not legal action is commenced. In the event the goods are reclaimed,Customer
agrees that WSECO may bid on the goods and that a commercially reasonable price for said reclaimed goods,at a public sale,may be determined by WSECO
based upon current national auction values,market trends relating to supply and demand,and related factors,for goods of similar type and condition.
8. CANCELLATION/TERMINATION:This Order may be canceled by Customer only with WSECO's written consent and then only upon such terms as will protect
Seller from any loss. This Order may be cancelled by WSECO in the event of any default by Customer or in the event Customer fails,upon WSECO's request,
to provide reasonable assurances of future performance.
9. PERMISSIBLE VARIATIONS:All goods shall be subject to the standard manufacturing and commercial variation and practices of the Manufacturer of the
goods or of WSECO. In the event of shipment of non-conforming goods,WSECO shall be given a reasonable opportunity to replace the goods with those
which conform to this order.
10. FORCE MAJEURE:(a)WSECO shall not be responsible or liable for any delay or failure to delivery any or all of the goods and/or performance of the
services if such delay or failure is caused by any act of God,fire,flood,inclement weather,explosion,war,insurrection,riot,embargo,statute,ordinance,
regulation or order of any government or agent thereof,shortage of labor,material,fuel,supplies or transportation,strike or other labor dispute,or any
other cause,contingency,occurrence or circumstance of any nature,whether or not similar to those herein before specified beyond WSECO's control,which
prevents,hinders or interferes with manufacture,assembly,or delivery of the goods or performance of the services. Any such cause,contingency,
occurrence or circumstances shall release WSECO from performance of its obligations hereunder.
11. VENUE:Venue for any disputes between the parties will be in Ada County,Idaho and in state court for legal proceedings. Purchaser waives right to
remove any legal action from the court originally acquiring jurisdiction.
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Meridian City Council Meeting Agenda February 18,2020— Page 200 of 270
City Of Meridian
Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith
3590 - WW Construction Projects
60 - Enterprise Fund
From 10/1/2019 Through 9/30/2020
Percent of
Budget with Current Year Budget Budget
Amendments Actual Remaining Remaining
Capital Outlay
92100 WWTP - Bldg improvements
10751 Meridian WRRF Primary 111,749.58 0.00 111,749.58 100.00%
Electrical Distribution
System Design
10751.B WRRF Primary Power 0.00 6,250.00 (6,250.00) 0.00%
Improvements Construction
10751.G Automatic Transfer Switch 0.00 19,000.00 (19,000.00) 0.00%
Design
11124 Automatic Transfer Switch 252,000.00 64.86 251,935.14 99.97%
Total Capital Outlay 363,749.58 25,314.86 338,434.72 93.04%
TOTAL EXPENDITURES 363,749.58 25,314.86 338,434.72 93.04%
Date: 2/12/20 04:39:06 PM - -.
Meridian City Council Meeting Agenda February 18,2020- Page 201 of 270