HomeMy WebLinkAboutContract for Services with EC Power Systems for WWTP03;29/2001 14:30 208345430$ EC PGWER SYSTEM P4GE 04
CITY OF MERIDIAN
WWTP STANDBY GENERATOR PROCURMENT
CONTRACT
THIS AGREEMENT, made this Z9 day of Nto.rc~n , 20 0 ( , by and
between the Cfty of Meridian, Idaho, hereinafter called the OWNER, and EC Power Systems
located in the City of Boise City. County of Ada and State of Idaho, hereinafter called the
CONTRACTOR.
The OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
WORK. The CONTRACTOR shall furnish and deliver the Goods and Special Services as
specified or indicated in the Procurement Documents for the WWTP Standby Generator
Procuroment. The Goods to be furnished are generally described as one (1} Standby
Generator. Delivery of the Goods shalt be f.o.b. to the City of Meriden Wastewater
Treatment Plant, 3401 North Ten Mife Road, Meridian, Idaho 83642. The Specie(
Services to be provided include pre-installation inspection, final installation inspection and
certification, start-up, ivndional testing and operator training.
2. CONTRACT TJME. The Goods will be furnished and delivered to the point of delivery
within sixty (6Q} calendar days after the date when the Contract Time commences to run
as provtdsd In Article 2 of the General Conditions. The furnishing of Specie! Services to
OWI~R will commence within fourteen (14) days after the OWNER's written notice to
CONTRACTOR fdlowing OWNER's acceptance of delivery of the Goods and
aonstructivn or inst~alfation of the Goods, and shag be completed within fourteen {14} days
after OWNER's written notice requesting Special Services.
3. CONTRACT PRICE. The OWNER shall pay the CONTRACTOR for furnishing and
delivering the Goods, in sccordance with the Proposal made by the Contractor, the sum
of fifty one thousand six hundred thirteen and 34/l00 Dollars ($ 51.623.34 ).
4. ~YMENT PROCEDURES. The CONTRACTOR shall submit an Application for Payment
in accordance with Article 8 0l the General Conditions. Tht approved application for
paymerrt will be processed by the OWNER for payment at the next of the Council's first
regularly SchQduled 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
prior to processing.
Upon delivery of the Goods, the OWNER shat! pay an amount to the CONTRACTOR of
ninety five percent (8596) of the Contract Price, less such amounts as the City Engineer
shall determine in accordance with Paragraph 2.c of Article 6 Of the General Conditions.
Upon fine! completion and accxptance 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 11'k City Engineer.
,03/29/2001 14:36 2083454308 EC POWER SYS7Eh1 PAGE 0E~
5. INTEREST. AA moneys not paid when due as specified above shall bear interest at the
cuRent prime lending rate as estabilshed by the Farmers and Marchanta 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 all local conditions and Federal, State
and local laws, ordinances, rules and regulations that in any manner may affect cost,
progress or perforrnancs Of the Work.
7. CONTRACT DOCUMENT. The Procurement Documents which comprise the entire
agreement between the OWNER and CONTRACTOR are made a part hereof and consist
of the folkawing;
A. This Agreement
B. Performance Bond
C. Notion of Award and Acceptance of Notice of Award
D. Notice to Proceed
E. Contractor's Bid
F. General Conditions
G. Supplemental General Conditions
H. State of Idaho Requiremenb Regarding Tax Reporting Ftequiromsnts
I. Technical Provisions
J. TeChnigl Spedf'~cations
K. Drawings
L. Addenda numbers to ,inclusive
M. Any Modifications, including Change Orders, cloy delivered after execution of
Agreement
6. MISCELLANEOUS. Terms used in this Agreement which are defined in Article 1 of the
General Conditions shall have the meartinga indicated In the General Conditions.
No assignment by a party hereto of any rights or interests in the Procurement Documents
will be bindirrs on another party hereto without the written cvnaent of the party sought to
be bound; and spscif~cslly, but without limitation, moneys that mey become due and
moneys that are due may not be assigned without such cor~rrt (except to the exterrt that
rho effect of this restriction may be limited by law), arxl unless specifically stated to the
contrary in any written consent to an assignment, na assignment will release or discharge
the assignor from any duty or responsibility under tho Procurement Documents.
The OWNER and CONTRACTOR each bind himself, his partners, successors, assigns
and legal representatives to the other party hereto, hie partners, successes, 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 dory authorized officials, this Agreement in three (3) copies each of which shall be
deemed an orfginal. '
Thfs Agroement will be effective on /~" ~~li Z9
20 c / ,
03/29/2001 14:30 '.083454309 EC POWER SYSTEM FAGE 06
~.,.~rr._~1
BY
AT
8Y
(SEAL)
NAME: ~.-or~~'a lS - /.S~hY ,
(type or print)
TITLE: Admin. Supervisor