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5.3 ERMUSR 04-09-2024Ji Elk River Municipal Utilities UTILITIES COMMISSION MEETING TO: FROM: ERMU Commission Chris Kerzman — Engineering Manager MEETING DATE: AGENDA ITEM NUMBER: April 9, 2024 5.3 SUBJECT: Award of Recloser Bid ACTION REQUESTED: Adopt Resolution 24-6 Accepting Border States bid for 26 substation reclosers and awarding contract. BACKGROUND: ERMU has been replacing existing mineral oil filled substation reclosers with solid dielectric insulation reclosers as existing oil filled equipment has aged. Staff solicited bids for replacement of remaining oil filled reclosers, as well as spare units and others for anticipated additions. Staff's desire to expedite the replacement of the oil filled equipment would standardize inventory, reduce maintenance associated with oil filled equipment, and is based on recent experience with oil filled equipment failing manufacturer testing guidelines during preventative maintenance. Solid dielectric insulation reclosers require little to no maintenance over the life of the equipment. Additionally, removal of oil filled reclosers would bring the recloser equipment up to current manufacturing standards. Staff advertised for bids on March 9, 2024, with bids opened on April 2, 2024. Two bids were received, with total costs ranging from $507,910.00 to $852,827.82. DISCUSSION: After evaluating the bids, it was determined the low bidder, WESCO's bid for ABB OVR reclosers, was not in conformance with the specifications due to non -compatibility with ERMU's existing controllers. Compatibility with existing controllers was a requirement in the original specifications and was reaffirmed in response to a clarifying question in Addendum 1. The other bidder, Border States' Eaton NOVA Recloser, incorrectly included a vendor -supplied controller in their pricing even though the specifications clearly stated the controller was provided by the owner (ERMU). Border States' bid package, however, included a quote sheet documenting the line -item pricing for the recloser separate from the controller. After conferring with legal counsel, staff recommends evaluating Border States' bid based on their line -item price for just the recloser (not including the controller), which would still allow comparison with any other responsive bidders as to that item, and since the bid specifications clearly state the controller is provided by the owner. When including only the line items that are in the specifications, Border States' bid amount for 26 reclosers is $565,576.44. Page 1 of 2 FINANCIAL IMPACT: The bid documents also included optional adders for mounting stands at $561.50 each and adapters brackets at $240.64 each. Staff recommends award to Border States for 26 substation reclosers, 5 substation frames, and 21 adapter brackets for a total of $573,437.38. Delivery for this contract would be in 2025. Once received, the reclosers would be inventoried and assigned against projects listed in the upcoming years of the 20-year capital project plan. ATTACHMENT: • Substation Feeder Recloser Bid Tabulation • Resolution 24-6 Awarding Substation Feeder Recloser Contract Page 2 of 2 Bid Tabulation Elk River Municipal Utilities 2024 (26) Substation Feeder Reclosers Bid Opening: Tuesday April2, 20242:00 PM Description: Border States Wesco 11927 53rd St. N E 2650 7th Ave. N. Albertville, MN 55301 Fargo, ND 58102 26 Three Phase Mechanically Ganged Reclosures Manufacture: Eaton ABB Model: Nova OVR Unit Price: $32,801.57 $19,535.00 Extended Price: $852,827.82 $507,910.00 Delivery Date: 45 Weeks 18 Weeks Unit Price for Mounting Equipment: Mounting Stand: $561.50 - Adapter Brackets: $240.64 - 5% Bid Bond Notarized Yes Yes Yes Yes Anndenum #1 Acknowledged: Yes No Evaluated Unit Price: Evaluated Extended Price: $21,752.94 $19,535.00 $565,576.44 $507,910.00 Notes: Included controller pricing of $ 11,048.13 specified to be owner provided (removed for evaluated price) Noted compatibility only with ABB RER615 controller or SEL 751 controller Not compatible with specified controllers or 14 pin control cable No option for adapter brackets :a RESOLUTION NO. 24-6 BOARD OF COMMISSIONERS ELK RIVER MUNICIPAL UTILITIES A RESOLUTION OF THE BOARD OF COMMISSIONERS OF ELK RIVER MUNICIPAL UTILITIES AWARDING CONTRACT FOR THE PURCHASE OF SUBSTATION RECLOSERS WHEREAS, Elk River Municipal Utilities (ERMU) has developed plans, specifications and bid documents for the purchase of twenty-six (26) substation reclosers; and WHEREAS, on March 9t", 2024 ERMU advertised for bids for twenty-six (26) substation reclosers; and WHEREAS, the bid advertisement sought bids for substation reclosers but not controllers; and WHEREAS, bids were received, opened, and tabulated according to law on April 2, 2024; and WHEREAS, a total of 2 bids were received for the project as follows: WESCO's ABB OVR ("Wesco") bid for twenty-six (26) reclosers was $507,910.00; and Border States' Eaton NOVA ("Border State") bid for twenty-six (26) reclosers was $565,576.44; and WHEREAS, both bidders are deemed to be responsible bidders; and WHEREAS, WESCO's bid materially deviated from the plans and specifications in the bid advertisement as it provided a recloser that is not compatible with ERMU's existing controllers as required by the specifications and not in conformity with the provided specifications, and is, therefore, not a responsive bid; and WHEREAS, Border States' bid included an extraneous quote for a controller, which was not requested in ERMU's specifications; and WHEREAS, ERMU does find that Border States' deviation is not material as the controller quote is separate from the recloser quote and ERMU shall award the contract solely on the basis of the recloser bid; and 2305910 WHEREAS, Border States is the lowest responsible and responsive contractor based on the scope of the project as advertised by ERMU; and WHEREAS, Border States bid also listed optional adders as requested in the specifications for mounting stands at $561.50 each and adapters brackets at $240.64 each; and WHEREAS, ERMU desires to purchase five (5) substation frames and twenty-one (21) adapter brackets in addition to the twenty-six (26) reclosures; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF COMMISSIONERS OF ELK RIVER MUNICIPAL UTILITIES, BASED UPON THE FOREGOING RECITALS INCORPORATED HEREIN, AS FOLLOWS: 1. WESCO's bid materially deviated from the plans and specifications in the bid advertisement as it provided a type of recloser that is not compatible with the Utility's existing controllers and not inconformity with the provided specifications. WESCO's bid is not responsive and is rejected. 2. That the contract to the recommended lowest responsible and responsive bidder, Border States, is awarded in the amount of $573,437.38 for the purchase twenty-six (26) substation reclosers, five (5) substation frames, and twenty-one (21) adapter brackets. 3. The Commission Chairperson and General Manager are hereby authorized and directed to enter into a formal contract with Border States for the project according to the plans and specifications on file in the Elk River Municipal Utility's offices. This Resolution Passed and Adopted this 9t" day of April, 2024. John J. Dietz, Chair Mark Hanson, General Manager 2305910