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HomeMy WebLinkAbout194021 STUART C IRBY CO - PURCHASE ORDER - 9106283y PO Number Page Cityof : `PURCHASE ORDER 9106283� of3,,. t Cfins on all invoices, packing' sli s and labels.. Date: 12/06/2010 Vendor: 194021 STUART C IRBY CO 4720 LIMA ST DENVER Colorado 80239 Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 12/06/2010 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price T1200130; XMFMR 25kVA; 240/120 T1200130 YARD TRANSFORMER, 25 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: 240/120. SERIAL NUMBER 130 TO BE IN ACCORDANCE WITH SPECIFICATION #368-120-130, REVISION FF BID #7183 MFR: Cooper Guaranteed No Load Loss - 59 Guaranteed Full Load Loss 326 Guaranteed Total Load Loss 385 Impedance - 2.16% Escalation is not applicable Delivery: 14 weeks Please expedite order if possible. Partial delivery is acceptable. City of Fort CollinsDirector of Purchasing and Risk Management This order is not valid,over,$5000:un1ess signed by James B. O'Neill 11, CPPO 50 EA 1,504.0000 75,200.00 nvoice Address: City`of Forf`Collins City of Fort Collins Purchasing, ,PO; BOX 580, Fort Collins, CO 80522-0580 ACCounting,Department - Phone: 970 221-6775 Faz 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 City of ..PURC:HAS'E'ORDER PO Number Page ` y/► � . 9106283 2 of 3 ( 'AtinC T his number F6rt., vv V , n allrvoices; packing Total $75,200.00 -Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $,5000 unless signed by James B. O'Neill 11, CPPO.. - City.of:FortCollins City of Fort Collins Purchasing; PO 130X 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax; 970=221-6707 Email:purchasing@fcgov.com PO Box 580' >;;4 Fort Collins, CO. 80522-0580 Purchase Order Telms and Conditions Page 3,0f 1. COMMERCIAL DETAILS. Tax exemptions: By statute the City of Fort: Collins is exempt from state and local taxes Our Exemption Number is - II. NONWATVER. 98-04502. Federal Excise Tax Exemption Certificate:of.Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof fiihrire or delay to Internal Revenue; Denver; Coloido (Ref. Colm;iAo Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law,. failure:iothe'promptly notify; Seller in Vie'event of a . .. ... breach, the acceptance of or payment for goods hereundei or approval of the design, shell not release the. Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall iv not.be•deemed a waer of any righf ofthe damage in transit, may be retuned; to, you"for,credit end are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or my'of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins: of when shipped, received or accepted, as to any prior or subsequent default hereunder' .6rshall any purported oml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 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 practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or beinfier Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original.freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional chargesfor packing will not beaccepteA. . - 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS: -- Shipment Distance. Where manufacturers shave' distributing "points in various parts of the country, shipment is If the Purchaser directs the Seller to corcectnonconforming�or'defective'goods by a date to be agreed upon by the expected from the nearest distribution point to destination,and excess.freight will be deducted from Invoice when Purchaser and the Seller, and the Seller theteafier.indicates its inability or i mwillingness to comply, the Purchaser shipments are made from greater distance.' - may cause the work to be performed_ by tfie most expeditious.means. available to it, and the Seller shall pay all . r':. ', costs associated with such work - Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where The Seller shall release the Purchaser aiid'its cc raetors�of ariytier from'all liability and claims of any nature the work is performed, or required by any other duly constituted public authority having jurisdiction over the work resulting from the performance of such work. of,vendor.. Seller 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 This release shall apply even in the event of fault of negligence of the party released and shall extend to the and requirements. - directors, officers and employees of such party. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because complete authority to bind said parties. "" - ' ' ' " - ' ' " such"wotk is performed or caused to be performed by the Purchaser: 'LIMITATION'OF TERMS. This Purchase;Order,expressly limits acceptance to thetermsand conditions stated therein set forth and. any supplementary or additionaftetms and conditions annexed hereto or incorporated herein by 14. PATENTS. .. .. ' . reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 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 2. DELIVERY. by reason of the use of such patented design, device, material or process in connection with the contract, and., PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reasoii'of such promised delivery,date.as noted. Time is,ofthe.essence. Delivery and performance, must be effected:withinthe time infiingement�at any: time during-the.prosecution or after the completion: of the work. -Incase -said equipment, Or stated on the,pumhase order and the.documents attached hereto No acts of the Purchasers;including, without any part thereof or the intended use ofthe goods,,is in such suit held to constitute infringement and the use of limitation; acceptance of partial late deii%, vies; 'shall operate as a waivenof this provision In the eventof any delay, said equipment or part is enjoined, the'Seller shell "at�its own expense and at its option, either procure for the the Purchaserihall have„in:addition to otheclegal and equitable remedies,the option ofplacing this or``derelsewhere.. Purchaser..the right to continue,using said equipmentor, parts, replace the same -with- substantially equal but and holding the Seller liablefor damages. However, the Seller shall not be liable for damages as a result of delays noninfringing equipment, or modify it so it becomes noninfringing. due m causes*not reasonably foreseeable which iWheyond its reasonable; control and without 1ts�fault of negligence, ' such 'acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or 15..INSOLVENCY. riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint o time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be receiver or trustee for any of the Sellers property or business, this'-onla inay forthwith �6e canceled by the extended for the period equal to the time actually lost by reason ofibe delay. 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 pai- ies 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-tit'perform work hereunder, Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller. shall replace, repair ormake including the services. of Sellers Representative(s), on the premises of others. good, without cost to the purchaser, any defects or faults arising within one (])year or within such.longer period of time as may be prescribed bylaw or by the terms of any applicable warranty provided by the Sella tr1Idthe'date'of s 17: SELLERS'RESI?ONSIBILP fY: ' - - acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from: imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by.the Purchaser shall'not The,Seller shall carryon said work at Sellersown risk until the same is fully completed and accepted, and shall, An case of any accident; destruction or mluryto the work'and/or materials before Seller's final completion and constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase ordei,'ahe Sellers acceptance complete the workat Sellers own expense and to the satisfaction of theYumhaser. When materials -equipment .liability' hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties and arefurnished by others for installation cr erection by the Seller, ttie.Selhr 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 . 4. CHANGES IN LEGAL TERMS. 18. INSURANCE. - The Purchaser may make changes to legal terms by written change order. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, 5. CHANGES IN COMMERCIAL TERMS. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller The Purchaser may make any changes.to the terms, other than legal terms, including additions to or deletions from shall also carry comprehensive. general liability including, but not limited to, contractual and automobile public the quantifies originally ordered in the specifications,or.dmwings,.by verbal or -written change order.. If any such .liability. insurance,with bodily_injury; and death. limits' of at least $300,000, for anyone person;.$500,000 for.any change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 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 6. TERMINATIONS. employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate ' The Purchaser may at any time by written change. order;;terminate this agreement as to any or all portions of the that such compensation and insurance have been provided. Such certificates shall specify the 'date when such goods th n ot'shipped, subject to any equimble djii r cnt betweat the parties as to any work or materials then in,- compensation andinsumnee have been provided^Such certificates shall specify the date when such compensation progress provided that the Purchaser shall not be liable for any claims for anticipated 'profits on the uncompleted and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the portion of the goods and/or work, for incidental or consequential damages, and that nosuchadjustment be made in entire work is completed and accepted. favor of the Seller with respect to any goods which are the Sellers standard stock No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 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 7. CLAIMS FOR ADJUSTMENT. or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is this purchase order or in connection herewith. The Seller will'indemnify and hold harmless the Purchaser and any ordered. or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether director indirect, and whether to persons or property to which the Purchaser may 8. COMPLIANCE WITH LAW. be pm or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his The Seller warrants that all goods sold hereunder shall have been produced,. sold, delivered and furnished in strict contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and proceedings shall be brought against the Purchaser, or officers, agents or employees at any time on account or deliver such documents as may be required to effector evidence compliance. All laws and regulations required to be by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the defend the same at the Sellers own expense, to pay -any and all costs, charges, attomeys'fees and other expenses, Sellers failure to comply with such law. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents Or employees -in suchsuits or other proceedings, and in case judgment or other lien be placed upon or 9. ASSIGNMENT. obtained against the property of the -Purchaser, or said parties in ores a result of such suits or other proceedings, Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and -safety prior written consent of the other party. his contractors shall take all 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 10. TITLE. Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. 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 Revised 03/2010 - - - encumbrances and claims of others.