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HomeMy WebLinkAbout194021 STUART C IRBY CO - PURCHASE ORDER - 9106286PO Number I Page Clt of r PURCHASE .ORDER y .. 9106286 1of3 ustappearort CollenslThis.'-,h�rfii4prmon all envoices, packing sli'ys`ard labels., Date: 12/06/2010 Vendor: 194021 Ship To: UTILITY SERVICE CENTER - WA STUART C IRBY CO CITY OF FORT COLLINS 4720 LIMA ST 700 WOOD ST DENVER Colorado 80239 FORT COLLINS Colorado 80521 Delivery Date: 12/06/2010 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price T1200150--TRANSFORMER 50 EA 1,798.0000 89,900.00 50Kva single phase pad T1200150 YARD TRANSFORMER, 50 KVA PAD -MOUNTED, ANSI TYPE 1, COMPARTMENTAL TYPE, SINGLE PHASE DISTRIBUTION WITH SEPARABLE INSULATED LOAD BREAK HIGH VOLTAGE CONNECTORS. HIGH VOLTAGE RATING: 13200 GRDY/7620. LOW VOLTAGE RATING: 2401120. SERIAL NUMBER 150 TO BE IN ACCORDANCE WITH SPECIFICATION #368-120-150, REVISION FF BID #7182 Delivery: 14-16 weeks MFR - Cooper Guaranteed No Load loss - 99 Guaranteed Full Load Loss 552 Guaranteed Total Load Loss - 651 Impedance 2.16% Meet specifications Escalation is not applicable. Please expedite order if possible Partial order accepted. Total $89;900.00 Invoice Address City of Fort Collins Director of Purchasing and Risk Management This order is not.4alid over,$5000 unless signed by James B. O'Neill II, CPPO City of Forf'Collins City of Fort Collins Purchasing PO BOX 580, Fort Collins, CO 80522-0580 Accounting; Department:. --. Phone:970-221-6775 Fax 970-221F6707 Email:purchasing@fcgov.com PO:,BOX;580:'- Fort Collins, CO 80522-0580 PO Number Page City. of- PURCHASE ORDER 9106286 2ofs This number must appear F&,t Collins on all.invoices, packing sli sand labels.. Invoice -Address: City of Fort Collins Director of Purchasing and Risk Management This order is notvalid,over $5000 unless signed by James B. O'Neill II, CPPO. City of Fort<Collins City of Fort C6111ins Purchasmg `''PO'BOX 580, Fort Collins, CO 80522-0580 Accounts-ng Department Phone:970-221-6775 Faxs 9704 1-6707 Email:purchasing@fcgov.com y PO:BOX 580 1 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions L COMMERCIAL DETAILS. - Tax exemptions: By statute the City of Fort Collins is exempt from state and local tiixes. Our' Exemption Number is 98-04502. Federal Excise TaxExernption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revemue, Deriver; Colorado (Ref"Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to oieet specifications, either when shipped or due to defects of damage in transit, may be returned tol you'for, credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins.. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Page 3ofZJ 11. NONWAIVER.' Failure of the Purchaser to insist upon strict performance of the terms and-donditions hereof„failure or delay to exercise any rights or remedies provided herein or by law;,failure,to'promptly notify; the Seller in'the event of a breach, the acceptance of or payment for goods, hereunder or,approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall notbe deemed a waiver of any right of the purchaser to insist upon strict performance hereof or. any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder;:mn,i hall any purported am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual, economic'pmctice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for goodcause and; as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and ell claims it may now have or hcrean it Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order.,lf permission is given to prepay freight and charge;sepamtely, the original freight bill most accompany invoice. Additional charges for packing Hill not be'accepted.- Shipment Distance. Where manufacturers`have'distributing 'poinis in various parts of the country, shipment is expected from the nearest distribution point to destination; end excessfreight wilf.be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procureat sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mica of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Scller further agrees to hold the City of Fort Collins harmless. from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said', parties.LIMITATION OF TERMS. This PUTcbase;Order expressly limits acceptance to the terms and conditions stated .herein set. forth and any supplementary or additionalaemus and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date: as noted..Time is of the essence.. Delivery and performance must be effected within the time stated on the'puichase order and the documents attached hereto...No acts of the Purchasers including, without limitation;'acceptance of partial late deliveries; idell operate as a waiver of this provision. In,the event of any delay, the Purcbasct `shall have,.in addition to otherlegal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to cmises not reasonably foreseeable which are -beyond its reasonable control and without its''fault of negligence, such acts of God, acts of civil or military awhorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. - 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS; If the Purchaser directs the Sellei+to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafterindicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. .. ' The Seller shall release the Purchaser aria its contractors 'of tiny tier from -all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such patty. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because suchwork is performed or caused to be performed bythe Purchaser: 14. PATENTS. .. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and ,. shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at anytime during the prosecution or after the -completion;of the work. In case said equipment, or any part thereof or the intended use of the, goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, & Sellei sha11,4fits own expense and at its option, either procure foi the Purchaser,the- right. to continue using said equipment ort.parts,-replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this-,ordermay forthwith be canceled by the Purchaser without liability. 3. WARRANTY. 16. GOVERNING LAW. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and construed under and governed by the laws of the State of Colorado, USA. performed with. the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make including the services of Sellers Representative(s), on the pmmises of others. good, without cost to the purchaser, any defects or faults arising within one (1) year or within such,longer period of .. .. - fime as maybe prescribed bylaw or by the terms of any applicable warranty provided. by the Sell&after the date of 17: SELLERS RESPONSIBILITY: acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting, from. imperfect The Seller shall carry on said workat Seller's.own risk until the same isfully,completedand accepted, and shall, or defective work done or materials famished by the Seller. Acceptance or use of goods by.the purchaseishall'not ._in case of any accident, destruction or injury to'the work and/or materials tiefoie Seller's final completion end constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order7dhe Sellers, acceptance, complete the work'at Seller's own,expense and to the satisfaction of the.Purchaser. When materials .liability' hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties and-equipmentare famished by others for installation or erection by the Seller, the Seller shall receive, unload, or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY, store and handle same at the site and become responsible therefor as though such materials and/or equipment OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. were being furnished by the Seller under the order, 4. CHANGES IN LEGAL.TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quamities,orlginally, ordered inthe specifications, ordrawings, by verbalor.wtitten change, order. if any. such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. ' i ThePtirchas'ci may at any time by written change Wder,'ierminate this agreement as to any or all portions of the goods thennot shipped, subject to any equitable adjuWeent between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which we the Sellets standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens; restrictions, reservations, security interest encumbrances and claims of others. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on at in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability, insurance; with bodily injury: and death limits,of at least $300,000,for any, one. person; $500,000for.any.. one accident and property damage limit per. accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and iinsurance have been provided! Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will'indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any timeon account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents oremployees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser orany of its or their officers, agents or employees in suchsuits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or saidparties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged. by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulafionsissued pursuant thereto. Revised 03/2010