HomeMy WebLinkAboutIndependent Contractor Agreement with Gen Plus Division of Cummins Intermountain Inc. for Well No 16 Standby Generator ProcurementCITY OF MERIDIAN
WELL NO. 16 STANDBY GENERATOR PROCUREMENT
NOTICE OF AWARD
To: Gen Plus Division of Cummins Intermountain, Inc.
2851 Federal Way
Boise, ID 83705
Attention: Greg Kittridge, Sales Manager
Project: City of Meridian Well No. 16 Standby Generator Procurement Project
Contract for Supply of: One 200 KW Emergency Generator
You are hereby notified that your Bid dated May 24 , 1999, for the above Contract has
been considered. You are the apparent successful bidder and aze being considered for the
award of a contract for the above named project. The Bid Price of your contract is thirty
six thousand two hundred twenty five and no/100 Dollars ( $36,225.00 ).
Three copies of the Agreement Form accompany this Notice of Award.
Unless otherwise indicated, you must respond within 10 days of the date of this Notice of Award,
as required by Information For Bidders of the project contract documents. Therefiore, you must
respond by June 11 , 1999.
1. You must deliver to the Owner three fully executed Agreement Forms.
2. You must deliver with the executed Agreement Forms, the Pertormance Bond as
specified in the Instructions to Bidders and the Certificate of Insurance as specified in the
Supplemental General Conditions.
Failure to comply with these conditions within the time specified will entitle the Owner to
consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security
forfeited. After execution of the contract by the City of Meridian, the Owner will return to you one
fully signed Agreement Form.
Please return an acknowledged copy of this Notice.
S f"
Dated this ~ f day of ~~n'~-" , 1999.
City of Meridian.
33 East Idaho Ave.
Meridi , I 42
By
William G. Berg, Jr., City Clerk"
Approved By Council: June 1.1999
Acceptance of Notice of Award
Receipt of the foregoing Notice of Award
hereby acknowledged.
By ~gO
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Title ~~~ ~~-
Date ,~.-~ o~ 1, ~ I` f
CITY OF MERIDIAN
WELL NO. 16 STANDBY GENERATOR PROCUREMENT
AGREEMENT
THIS AGREEMENT, made this ~ day of ~UI'~ , 19~, by and
between the City of Meridian, Idaho, hereinafter called the OWNER, and Gen Plus Division of
Cummins Intermountain Inc. ,doing business as a corporation, located in
the City of ,State of ,hereinafter called the CONTRACTOR.
The OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
WORK. The CONTRACTOR shall fiurnish and deliver the Goods and Specia! Services as
specified or indicated in the Procurement Documents for the Well No. 16 Standby
Generator Procurement. The Goods to be furnished are generally described as one (1)
200 KW diesel powered emergency generator. Delivery of the Goods shall, be f.o.b. to
the City of Meridian Well No. 16, N. Rosario Street, Meridian, Idaho 83642. The Special
Services to be provided include pre-installation inspection, final installation inspection
and certification, start-up, functional testing and operator training.
2. CONTRACT TIME. The Goods will be furnished and delivered to the point of delivery
within seventy five (75) calendar days after the date when the Contract Time commences
to run, excluding shop drawing submittal review, as provided in Article 2 of the General
Conditions. The furnishing of Special Services to OWNER will commence within seven
(7) days after the OWNER's written notice to CONTRACTOR following OWNER's
acceptance of delivery of the Goods and construction or installation of the Goods, and
shall be completed within fourteen (14) days after OWNER's written notice requesting
Special Services.
OWNER and CONTRACTOR recognize that time is of the essence of this Agreement.
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay OWNER Two Hundred Fifty dollars ($250) for each day
that expires after the time specified the preceding paragraph for Substantial Completion
until the Work is substantially complete. After Substantial Completion if CONTRACTOR
shall neglect, refuse or fail to complete the remaining Work within the Contract Time or
any proper extension thereof granted by OWNER, the OWNER may withhold moneys
from the contract and complete remaining work as required.
3. CONTRACT PRICE. The OWNER shall pay the CONTRACTOR for furnishing and
delivering the Goods, in accordance with the Proposal made by the Contractor, the sum
of thirty six thousand two hundred twenty five and no/100 Dollars ($ 36,225.00 ).
4. PAYMENT PROCEDURES. The CONTRACTOR shall submit an Application for Payment
in accordance with Article 6 of the General Conditions. The approved application for
payment will be processed by the OWNER for payment at the next of the Council's first
regularly scheduled meetings of the month thereafter and paid within thirty (30) calendar
days from that meeting. The Application for Payment must be approved by the Engineer
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JUN-08-99 08:10 AM CUMMINS INTERMOUNTAIN 208 338 5436 P. 02
prior to processing. Upon delivery of the Goods, the OWNER shall pay an amount to the
CONTRACTOR of ninety five percent (95%) of the Contract Price, Tess such amounts as
the City Engineer shelf determine in accordance with Paragraph 2.c of Article 6 of the
G.:..~.w conditions.
Upon final completion and acceptance of the Work in accordance with Article 6 of the
General Conditions, the OWNER shall pay the remainder of the Contract Price as
recommended by the City Engineer.
5. INTEREST. All moneys not paid when due as specified above shall bear interest at the
current prime lending rate as established by the Farmers and Merchants State Bank plus
two percent (2%).
6. CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into this
Agreement, the CONTRACTOR has familiarized himself with the nature and extent of the
Procurement Documents, Work, locality and with alt local conditions and Federal, State
and local laws, ordinances, rules and regulations that in any manner may affect cost,
progress or performance of the Work.
7. CONTRACT DOCUMENTS. The Procurement Documents which comprise the entire
agreement between the OWNER and CONTRACTOR are made a part hereof and consist
of the following:
A. ?his Agreement
B. Performance Bond
C. r',otice of Award and Acceptance of Notice of Award
D. Notice to Proceed
E. Contractors Bid
F. General Conditions
G. Supplemental General Conditions
H. State of Idaho Requirements Regarding Tax Reporting Requirements
I. Technical Prvvislons
J. Technical Specifications
K. Drawings
L. Addenda numbers none to ,inclusive
M. Any Modifications, including Change Orders, duly delivered after execution of
Agreement
8. MIS~ELLANEOUS~, .Terms used in this Agreement which are defined in Article 1 of the
General Conditions shall have the meanings indicated in the General Conditions,
No assignment by a party hereto of any rights or interests in the Procurement Documents
will tie binding on another party hereto without the written consent of the party sought to
be bound; and specifically, but without limitation, moneys that may become due and
moneys that are due may not be assigned without such consent (except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to
the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under the Procurement
Documents.
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1'
The OWNER and CONTRACTOR each bind himself, his partners, successors, assigns
and legal representatives to the other party hereto, his partners, successors, assigns and
legal representatives in respect to all covenants, agreements and obligations contained
in the Procurement Documents.
IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by
their duly authorized officials, this Agreement in three (3) copies each of which shall be
deemed an original.
This Agreement will be effective on ,19~.
OWNER:
CITY OF MERIDIAN, IDAHO
BY:
OBERT D. CORRIE, MAYOR
ATTEST:
BY: "'
WI AM G. BERG, JR., CITY LE
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CONTRACTOR:
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ATTEST:
NAME:
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TITLE: _- _ -
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