FY2014-16 2013 Rapid Intervention Unit for Womens Bay Fire StationOWNER - MANUFACTURER
AGREEMENT
Contract No.FY2014-16
THIS AGREEMENT, made this day of September , A.D.,2013,
between the Kodiak Island Borough, acting by and through its
Borough Manager, party of the first part, and ESI Equipment, Inc.
of Montgomeryville, Pennsylvania, hereinafter called the
Manufacturer.
WITNESSETH: That the Manufacturer, for and in consideration of the
payment or payments herein specified and agreed to by the party of
the first part, hereby covenants and agrees to furnish a 2013 Rapid
Intervention Unit (RIU), delivered FOB Seattle, Washington, per the
Specifications [part of the Contract Documents] for same, and for
the sum of Twenty Five Thousand, Seven Hundred Eighty -Eight Dollars
($25,788.00).
The Manufacturer further covenants and agrees that the RID shall
meet the complete satisfaction of the ESI Equipment Inc., and the
Kodiak Island Borough, subject to inspection at all times and
approval by any participating agency of the Government of the
United States of America, and in accordance with the laws of the
State of Alaska and rules and regulation of said Federal Agency.
The Manufacturer further covenants and agrees that the
manufacturing of said RIU shall be done and performed in the best
and most workmanlike manner and that all and every of said
materials and labor shall be in strict and entire conformity in
every respect with the Specifications: that he will abide by and
perform all stipulations, covenants, and agreements specified in
the Contract Documents, all of which are by reference hereby made a
part of this Agreement, as to all premises therein.
The Agreement entered into by the acceptance of the Manufacturer's
Bid and the signing of this Agreement consists of the following
documents all of which are component parts of said Agreement and as
fully a part thereof as if herein set out in full, and if not
attached, as if hereto attached, including the Specifications.
1. Agreement
2. Specifications
3. Standard Specifications Incorporated by Reference
4. Information for Bidders
S. Advertisement for Bids
6. Bid Schedule
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In the event of any conflict or inconsistency between any of the
foregoing documents, the conflict or inconsistency shall be
resolved upon the basis of the numerical order. The document or
documents assigned the small number or numbers being controlling
over any documents having a larger number in the numerical order
set forth above.
The Manufacturer further covenants and agrees that said RIU shall
be furnished and delivered to the satisfaction of the herein
aforementioned parties, within one hundred twenty days [120] days
of receipt of order. It is expressly understood and agreed that in
case of the failure on the part the Manufacturer for any reason,
except with the written consent of the Borough Manager, to complete
the furnishing and delivery of said RIU before the aforesaid date,
the party of the first part shall have the right to deduct from any
monies due or which may become due the Manufacturer, or if no
monies shall be due, the party of the first part shall have the
right to recover One Hundred Dollars ($100) per day for each and
every calendar day elapsing between the time stipulated, and the
actual date of delivery in accordance with the terms thereof: said
deduction to be made, or said sum to be recovered not as penalty,
but as liquidated damages. Provided, however, that upon receipt of
written notice from the Manufacturer of the existing causes over
which said Manufacturer has no control and which must delay the
delivery of said RIU, the Borough Manager may at his discretion,
extend the period herein before specified for the delivery of the
said RIU, and in such case the Manufacturer shall become liable for
said liquidated damages for delays commencing from the date on
which said extended period shall expire.
The Manufacturer hereby agrees to receive the prices set forth in
the proposal as full compensation for furnishing and delivering the
RIU as specified under this Agreement, and in all respects to
complete said Agreement to the satisfaction of the Borough Manager.
It is further distinctly agreed that the said Manufacturer shall
not assign this Agreement, nor any part thereof or any right to any
of the monies to be paid him hereunder.
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IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority
in him vested, has executed this contract on behalf of the Kodiak
Island Borough, and the said ESI Equipment Inc. has hereunto set
its hand and seal, the day and year first above written.
KODIAK ISLAND BOROUGH
Charles E. Cassidy
Borough
Manager r
BY�� i�cA_elG. �7�2 WC'61V iroN� ►��
Woody Koning
Engineering/Facilities Director
Attest:
By
Nova Javier
Borough Clerk
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Rapid Intervention Unit
Attachment # 1
Vendor Information
A. Business Name: Z -sl
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B. Contact Name: a/ 7776U(i j�/ars
C. Contact Phone Number: D.' ;6 7- S"L i - /yYC r.: 2 z S - S/%O
D. Contact FAX Number: -?G %'
E. Alaska Business License
F. Mailing Address: f/5
G. Alaska Business Locatiot
(Street Address):
Quote
(1) Rapid Intervention Unit , 2012-2014 F-350 Pickup with Bed 82"-83" according to specifications:
*Local Vendor/Bidder Preference:
Where Quotes by local independent contractors and/or vendors and other contractors or vendors are
comparable in quality of work and/or material bid, local contractors and/or vendors may be accepted
if the difference does not exceed the lowest responsible and responsive quote by more than 10%.
"All Bids must be mailed to Attention: Manager, Kodiak Island Borough, 710 Mill Bay Road,
Kodiak AK 99615 by September 6, 2013 no later than 3:00 P.M. at which time they will be opened.
Any Questignsxegarding bid should be addressed to Dave Conrad, 710 Mill Bay Road, Kodiak AK
99615 o%c Il 9074J6-9213 or email: dconrad@kodiakak.us.
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Date
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