ERMU RES 24-6RESOLUTION 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 9th, 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
230591v1
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 9th day of April, 2024.
Joh Di tz, C it
Mark Hanson, General Manager
230591v1