HomeMy WebLinkAboutPlatt Electric Voltage TransformersAGREEMENT FOR THE SUPPLY OF
PAD MOUNTED LIQUID FILLED MEDIUM VOLTAGE TRANSFORMERS
PROJECT #10891T
THIS AGREEMENT FOR EQUIPMENT / SUPPLIES PROCUREMENT is made
this 13th day of February, 2018, and entered into by and between the City of Meridian, a
municipal corporation organized under the laws of the State of Idaho, hereinafter
referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Platt
Electric Supply, hereinafter referred to as "SUPPLIER", whose business address is
5603 W. Bethel, Boise, ID 83706-1417.
INTRODUCTION
Whereas, the City has a need for transformers ; and
WHEREAS, the SUPPLIER is specially trained, experienced and
competent to provide and has agreed to provide such equipment;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
Equipment / Supply Specifications & Requirements:
1.1 SUPPLIER shall supply the equipment, supplies and services to the City upon
execution of this Agreement and receipt of the City's written notice to proceed, all
items, and comply in all respects, as specified in the Invitation for Bids titled "Pad
Mounted Liquid Filled Medium Voltage Transformers and Vacuum Interrupt Pad -
Mounted Switchgear" and suppliers bid dated 11/16/2017 by which by this reference
are incorporated herein, together with all addendums issued.
1.2 The SUPPLIER shall provide all equipment and services under this
Agreement consistent with the requirements and standards established by
applicable federal, state and city laws, ordinances, regulations and resolutions and
the UCC. The SUPPLIER represents and warrants that it will perform its work in
accordance with generally accepted industry standards and practices for the
profession or professions that are used in performance of this Agreement and that
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PLATT ELECTRIC SUPPLY
are in effect at the time of performance of this Agreement. Delivery shall take place
according to the milestone schedule (Exhibit A).
2. Consideration
2.1 The SUPPLIER shall be compensated on a Fixed Price basis as provided in
Attachment B "Payment Schedule" attached hereto and by reference made a part
hereof, for the Not -To -Exceed amount of $240,253.86.
2.2 The SUPPLIER shall provide the City with a detailed invoice upon delivery of
all equipment and supplies, which the City will pay within 30 days of receipt of a
correct invoice and approval by the City Project Manager. The City will not withhold
any Federal or State income taxes or Social Security Tax from any payment made
by City to SUPPLIER under the terms and conditions of this Agreement. Payment
of all taxes and other assessments on such sums is the sole responsibility of
SUPPLIER.
2.3 Except as expressly provided in this Agreement, SUPPLIER shall not be
entitled to receive from the City any additional consideration, compensation, salary,
wages, or other type of remuneration for services rendered under this Agreement.,
including , but not limited to, meals, lodging, transportation, drawings, renderings or
mockups. Specifically, SUPPLIER shall not be entitled by virtue of this Agreement
to consideration in the form of overtime, health insurance benefits, retirement
benefits, paid holidays or other paid leaves of absence of any type or kind
whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both parties, and
shall expire upon (a) completion of the agreed upon work, or (b) unless sooner
terminated as provided below or unless some other method or time of termination is
listed in Attachment A.
3.2 Should SUPPLIER default in the performance of this Agreement or materially
breach any of its provisions, City, at City's option, may terminate this Agreement by
giving written notification to SUPPLIER.
3.3 Should City fail to pay SUPPLIER all or any part of the compensation set
forth in Attachment B of this Agreement on the date due, SUPPLIER, at the
SUPPLIER's option, may terminate this Agreement if the failure is not remedied by
the City within thirty (30) days from the date payment is due.
4. Termination:
4.1 If, through any cause, SUPPLIER, its officers, employees, or agents fails to
fulfill in a timely and proper manner its obligations under this Agreement, violates
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PLATT ELECTRIC SUPPLY
any of the covenants, agreements, or stipulations of this Agreement, falsifies any
record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of this
contract, or if the City Council determines that termination of this Agreement is in
the best interest of CITY, the CITY shall thereupon have the right to terminate this
Agreement by giving written notice to SUPPLIER of such termination and specifying
the effective date thereof at least fifteen (15) days before the effective date of such
termination.
4.2 Notwithstanding the above, SUPPLIER shall not be relieved of liability to the
CITY for damages sustained by the CITY by virtue of any breach of this Agreement
by SUPPLIER, and the CITY may withhold any payments to SUPPLIER for the
purposes of set-off until such time as the exact amount of damages due the CITY
from SUPPLIER is determined. This provision shall survive the termination of this
agreement and shall not relieve SUPPLIER of its liability to the CITY for damages.
5. Independent Supplier:
5.1 In all matters pertaining to this agreement, SUPPLIER shall be acting as an
independent SUPPLIER, and neither SUPPLIER nor any officer, employee or agent
of SUPPLIER will be deemed an employee of CITY. Except as expressly provided
in Attachment A, SUPPLIER has no authority or responsibility to exercise any rights
or power vested in the City and therefore has no authority to bind or incur any
obligation on behalf of the City. The selection and designation of the personnel of
the CITY in the performance of this agreement shall be made by the CITY.
5.2 SUPPLIER, its agents, officers, and employees are and at all times during
the term of this Agreement shall represent and conduct themselves as independent
SUPPLIERs and not as employees of the City.
5.3 SUPPLIER shall determine the method, details and means of performing the
work and services to be provided by SUPPLIER under this Agreement. SUPPLIER
shall be responsible to City only for the requirements and results specified in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's control with respect to the physical action or activities of
SUPPLIER in fulfillment of this Agreement. If in the performance of this Agreement
any third persons are employed by SUPPLIER, such persons shall be entirely and
exclusively under the direction and supervision and control of the SUPPLIER.
6. Indemnification and Insurance:
6.1 SUPPLIER shall indemnify and save and hold harmless CITY from and for
any and all losses, claims, actions, judgments for damages, or injury to persons or
property and losses and expenses and other costs including litigation costs and
attorney's fees, arising out of, resulting from, or in connection with the performance
of this Agreement by the SUPPLIER, its servants, agents, officers, employees,
PAD -MOUNTED LIQUID FILLED MEDIUM VOLTAGE TRANSFORMERS — page 3 of 10
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guests, and business invitees, and not caused by or arising out of the tortuous
conduct of CITY or its employees. SUPPLIER shall maintain, and specifically
agrees that it will maintain, throughout the term of this Agreement, liability
insurance, in which the CITY shall be named an additional insured in the minimum
amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or
occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per
incident or occurrence and Workers' Compensation Insurance, in the statutory limits
as required by law.. The limits of insurance shall not be deemed a limitation of the
covenants to indemnify and save and hold harmless CITY; and if CITY becomes
liable for an amount in excess of the insurance limits, herein provided, SUPPLIER
covenants and agrees to indemnify and save and hold harmless CITY from and for
all such losses, claims, actions, or judgments for damages or injury to persons or
property and other costs, including litigation costs and attorneys' fees, arising out of,
resulting from , or in connection with the performance of this Agreement by the
SUPPLIER or SUPPLIER's officers, employs, agents, representatives or
subSUPPLIERs and resulting in or attributable to personal injury, death, or damage
or destruction to tangible or intangible property, including the use of. SUPPLIER
shall provide CITY with a Certificate of Insurance, or other proof of insurance
evidencing SUPPLIER'S compliance with the requirements of this paragraph and
file such proof of insurance with the CITY at least ten (10) days prior to the date
SUPPLIER begins performance of it's obligations under this Agreement. In the
event the insurance minimums are changed, SUPPLIER shall immediately submit
proof of compliance with the changed limits. Evidence of all insurance shall be
submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33
East Broadway Avenue, Meridian, Idaho 83642.
6.2 Any deductibles, self-insured retention, or named insureds must be declared
in writing and approved by the City. At the option of the City, either: the insurer shall
reduce or eliminate such deductibles, self-insured retentions or named insureds; or
the SUPPLIER shall provide a bond, cash or letter of credit guaranteeing payment
of losses and related investigations, claim administration and defense expenses.
6.3 To the extent of the indemnity in this contract, SUPPLIER's Insurance
coverage shall be primary insurance regarding the City's elected officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the City
or the City's elected officers, officials, employees and volunteers shall be excess of
the SUPPLIER's insurance and shall not contribute with SUPPLIER's insurance
except as to the extent of City's negligence.
The SUPPLIER's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
6.4 All insurance coverages for Suppliers subs shall be subject to all of the
insurance and indemnity requirements stated herein.
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PLATT ELECTRIC SUPPLY
6.5 The limits of insurance described herein shall not limit the liability of the
Supplier and Supplier's agents, representatives, employees or subcontractors.
6.6 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees or subcontractors.
7. Warranty: In addition to any warranty required in the specifications, all equipment,
coatings, valves, controls, and other components provided under this agreement
shall be guaranteed for two (2) years against defects in workmanship and materials
from the notice of acceptance.
8. Notices: Any and all notices required to be given by either of the parties hereto,
unless otherwise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
City of Meridian
Purchasing Manager
33 E. Broadway Avenue
Meridian, Idaho 83642
Ph. (208) 489-0417
Email: kwatts@meridiancity.org
Platt Electric Supply
Matthew Holt
5603 W. Bethel
Boise, ID, 83706
Ph. (208) 376-5643
Either party may change their address for the purpose of this paragraph by giving written
notice of such change to the other in the manner herein provided.
9. Attorney Fees: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any
other relief as may be granted, to court costs and reasonable attorneys' fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to
be a separate contract between the parties and shall survive any default,
termination or forfeiture of this Agreement.
10. Time is of the Essence: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and everyterm, condition and provision
hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of, and a default under, this Agreement by the party so failing
to perform.
11. Assignment: It is expressly agreed and understood by the parties hereto, that
SUPPLIER shall not have the right to assign, transfer, hypothecate or sell any of its
rights under this Agreement except upon the prior express written consent of CITY.
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12. Discrimination Prohibited: In performing the Work required herein, SUPPLIER
shall not unlawfully discriminate in violation of any federal, state or local law, rule or
regulation against any person on the basis of race, color, religion, sex, national
origin or ancestry, age or disability.
13. Reports and Information:
13.1 At such times and in such forms as the CITY may require, there shall be
furnished to the CITY such statements, records, reports, data and information as
the CITY may request pertaining to matters covered by this Agreement.
13.2 SUPPLIER shall maintain all writings, documents and records prepared or
compiled in connection with the performance of this Agreement for a minimum of
four (4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographic and every
other means of recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
14. Audits and Inspections: Subject to applicable laws respecting the protection of
privacy and the City's requirement to comply with the Idaho Public Records Act, at
any time during normal business hours and as often as the CITY may deem
necessary, there shall be made available to the CITY for examination all of
SUPPLIER'S records with respect to all matters covered by this Agreement.
SUPPLIER shall permit the CITY to audit, examine, and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
15. Publication, Reproduction and Use of Material: No material produced in whole
or in part under this Agreement shall be subject to copyright in the United States or
in any other country. The CITY shall have unrestricted authority to publish, disclose
and otherwise use, in whole or in part, any reports, data or other materials prepared
under this Agreement.
16. Compliance with Laws: In performing the scope of work required hereunder,
SUPPLIER shall comply with all applicable laws, ordinances, and codes of Federal,
State, and local governments.
17. Changes: The CITY may, from time to time, request changes in the Scope of Work
to be performed hereunder. Such changes, including any increase or decrease in
the amount of SUPPLIER'S compensation, which are mutually agreed upon by and
between the CITY and SUPPLIER, shall be incorporated in written amendments
which shall be executed with the same formalities as this Agreement.
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19. Construction and Severability: If any part of this Agreement is held to be invalid or
unenforceable, such holding will not affect the validity or enforceability of any other
part of this Agreement so long as the remainder of the Agreement is reasonably
capable of completion.
20. Waiver of Default: Waiver of default by either party to this Agreement shall not be
deemed to be waiver of any subsequent default. Waiver or breach of any provision
of this Agreement shall not be deemed to be a waiver of any other or subsequent
breach, and shall not be construed to be a modification of the terms of this
Agreement unless this Agreement is modified as provided above.
21. Advice of Attorney: Each party warrants and represents that in executing this
Agreement. It has received independent legal advice from its attorney's or the
opportunity to seek such advice.
22. Entire Agreement: This Agreement contains the entire agreement of the parties
and supersedes any and all other agreements or understandings, oral of written,
whether previous to the execution hereof or contemporaneous herewith.
23. Order of Precedence: The order or precedence shall be the contract agreement,
the Invitation for Bid document, then the winning bidders submitted bid document.
24. Applicable Law: This Agreement shall be governed by and construed and enforced
in accordance with the laws of the State of Idaho, and the ordinances of the City of
Meridian,
25. Approval Required: This Agreement shall not become effective or binding until
approved by the City of Meridian.
CITY OF MERIDIAN PLATT ELECTRIC SUPPLY
..............
BY:
TAMMY de WE 'MA`YOR
Dated: C_/ / J / �l
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Dated: 02/08/18
Approved by City Council: 2)- ( ` � Z )91k
Attest:�, //,11A J""�
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C.JAY COLES ITY CLERK ID W
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PAD -MOUNTED LIQUID FILLED MEDIUM VOLTAGE
PLATT ELECTRIC SUPPLY
S — page 7 of 10
Purchasing Department Approval
BY: _
Keith atts, Purchasing Manager
Dated: 22/ A
Project Manager
Clint Dolsby
Public Workpart ent pproval
BY: 7 —'
DAL C &L -TO � P�1P�Ly C vLJGV KS
Dated: z16 Z/ 8
PAD -MOUNTED LIQUID FILLED MEDIUM VOLTAGE TRANSFORMERS — page 8 of 10
PLATT ELECTRIC SUPPLY
Attachment A
SCOPE OF WORK
REFER TO INVITATION TO BID #WRRF-1808-10891
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
Invitation to Bid Package # WRRF-1808-10891, are by this reference
made a part hereof.
PAD -MOUNTED LIQUID FILLED MEDIUM VOLTAGE TRANSFORMERS — page 9 of 10
PLATT ELECTRIC SUPPLY
Attachment B
MILESTONE / PAYMENT SCHEDULE
Total cost to include all labor, material, equipment, freight, bonds, insurance, travel, lodging,
incidental, and applicable taxes
PAD -MOUNTED LIQUID FILLED MEDIUM VOLTAGE TRANSFORMERS — page 10 of 10
PLATT ELECTRIC SUPPLY
MILESTONE SCHEDULE
Milestone 1
Submission of all Submittals
14 Days from Notice to
Proceed
Milestone 2
Approval of all Submittals
28 Days from Notice to
Proceed
Milestone 3
Equipment Delivery
180 Days from Notice to
Proceed
Milestone 4
Approval of Operation &
240 Days from Notice to
Maintenance Manual Submittal
Proceed
Milestone 5
Manufacturer's Services
270 Days from Notice to
Completion
Proceed
Milestone 6
Final Acceptance / Completion
270 Days from Notice to
Proceed
PRICING SCHEDULE
Contract includes furnishing all labor, materials, equipment, and incidentals as required in BID
#WRRF-1808-10891.
EXTENDED
ITEM
DESCRIPTION
QNTY
UNIT
PRICE
PRICE
1
300 -kVA 480GrdY/277V
Transformer
3
$13,479.92
$40,439.76
2
750 -kVA 480GrdY/277V
Transformer
1
$18,457.26
$18,457.26
3
1000 -kVA 480GrdY/277V
Transformer
2
$21,777.55
$43,555.10
4
1500 -kVA 480GrdY/277V
Transformer
2
$27,364.57
$54,729.14
5
2500 -kVA 4,160GrdY/2,400V
Transformer
2
$33,100.93
$66,201.86
6
300 -kVA 208GrdY/120V
Transformer
1
$13,960.87
$13,960.87
7
50 -kVA 240/120V Transformer
1
$2,909.37
$2,909.87
CONTRACT TOTAL $240,253.86
Total cost to include all labor, material, equipment, freight, bonds, insurance, travel, lodging,
incidental, and applicable taxes
PAD -MOUNTED LIQUID FILLED MEDIUM VOLTAGE TRANSFORMERS — page 10 of 10
PLATT ELECTRIC SUPPLY
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