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HomeMy WebLinkAbout111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9112144Fort Collins Date: 04/18/2011 PURCHASE ORDER Vendor: 111572 WESTERN UNITED ELECTRIC SUPPLY 100 BROMLEY BUSINESS PKWY BRIGHTON Colorado 80603 PO Number Page 9112144 1of2 This number must appear on all invoices, packing slips and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 10,�V- nI N Delivery Date: 04/17/2011 o Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 T3000008; transformer 75kVA; 208Y/120 3P pad T3000008 YARD 5 EA 5,085.0000 25,425.00 TRANSFORMER, 75 kVA PAD -MOUNTED COMPARTMENTAL TYPE, THREE PHASE DISTRIBUTION WITH SEPARABLE INSULATED LOAD BREAK HIGH VOLTAGE CONNECTORS. HIGH VOLTAGE RATING: 13200 GRDY/7620. LOW VOLTAGE RATING 208Y/120. SERIAL NUMBER 008 TO BE IN ACCORDANCE WITH SPECIFICATION #368-300-008, REVISION MM, Mfr. - Howard Delivery: 6-8 weeks Guaranteed No Load Loss - 209 Guaranteed Full Load Loss - 807 Guaranteed Total Load Loss - 1016 Impedance- 2.10% Escalation is not applicable Bid 7225 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total $25 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 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 perfomancc of the terns and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acccptanec of or payment for grads hereunder or approval of the design. shall not release the Seller Of Goods Rejected. GOODS REJECTED due m failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written Purchaser to insist Open strict performance hcmOfonany of its rights or remedies as to any such good, regardless instructions from the City of Fort Collins. of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purported and modification or rescission Of Ibis purchase order by the Purchaser operate is n waiver of any of the terms Inspection. GOODS arc subject to the City argon Collins inspection on arrival. hercOf. 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 ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby nssigas to the Purchaser any and all claims it may now have Or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St. Fort Collins, CO 90522. 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 charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. rers Shipment Distance. Where manufactuhave distributing paints in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective good 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 Set let themn per indicates its inability or unwi l lingnas to Comply, the Purchaser shipments ore made From greater distance. may cause the work to be performed by the nmsl expeditious means available to it, and the Seller .droll pry all 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 work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such lams, regulations, ordinances. rules and requirements. Authorication. All panics to this contract agree that the representative arc, in fact, bona fide and possess fall and compleM authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns 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 pmmiscd delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents enriched hereto. No acts of the Purchasers including, without limitation, acceptance of partial laic deliveries, shall operate as a waiver ofthis provision. In the event ofnny delay. the Purchaser shall have, in addition to other legal and equitable remedies, the Option ofplacing this order clscwhcre and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc bcymd its reasonable control and without its fault ofnegligence. such acts of God, acts ofcivil or military authontics, governmental priontics, 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 rest received knowledge therenf. In the event of any such delay, the date of delivery shall be ext"dcd for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will confomt wish applicable drawings, specifications, samples and/or other descriptions given, will be fit for the faimosex intended, and 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 Tom any loss, damage or expense which the Purchaser may surfer or incur on account of the Sellers breach ofwarranty. The Seller shall replace, repair or make gone, without cost to the purchase,. any defers or faults arising within one (1) year or within such longer Period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfits or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 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 terns, including additions to or deletions from the quantities originally ordered in the specifications Or drawings, by verbal or written change order, If any such change affects the amount due or the time ofpurfnrmanee hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. terminate this agreement as to any or all portions of the galls then not shipped, subject to any equitable adjustment bawecn the panics 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 critic 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 good which arc the Sellers standard stock. No such termination shall relieve the Purchase or the Seller crafty of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or lemminalion is ordered. S. 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 gads 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 Form all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become duc hereunder without the prior written consent of the other parry. 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. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting from the perfn ranee ofsa ch 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 nfsuch parry. The Sellers coturactrml obligations. including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14, PATENTS. Whcnever the Seller is required to ass any design. device, material or process covered by letter, patent, trademark or copyright the Seller shall indemnify and save harmless the Purchaser form any and all claims for infringement by reason of the use of such pztcnted design, device, material or pmeess in connection with the contract, and shall indemnify the Purchaser for any cost, cxpeosc or damage which it may be obliged to pay by reason of such infringement at any time 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 nod the use of said equipment or pan is emjnined. the Seller shall, at its men expense and at it., option, citlmr procure for the Purchaser the right to continue using said equipment or pans, 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 order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oficnuS used or the interpretation of the agreement and the rights. ofall panics hereunder shall be construed under and governed by the laws of the State of Colordo. USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder, including the services of Scllcrs Rcprescmative(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, pmvide 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. 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, eontmctual and nmomobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide far such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the prcmiscs ofothcrs, the Seller shall furnish the Purchaser with a cenificme that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation mid 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 ofnny kind or nature whatsoever to persons or property caused by or resulting Firm the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamiless the Purchnscr and any or all of the Purchasers officers, agents and employes 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 pan of the Seller. any of his contractors, or any of the Scllcrs 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 time on 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 oRcers, ngcnts or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the came at the Sellers own expense to pay any and all costs, charges, attumeys fees and other expenses, 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 such suits or other proceedings, and in case judgment or other lien be placed upon or ohtnincd against the pmperry tribe Purchnscr, or said panics in nr as a result of sneh suits or other proceedings, the Seller will at Ones, cause the same to be dissolved and discharged by giving bond Or otherwise. The Seller and his contractors shall lake all safety precautions, furnish 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 roles and regulations issued pursuant thereto. Revised 03/2010 FIRM NAME: CITY OF FORT COLLINS BID PROPOSAL BID NO. 7225 LP Transformers, 75kVA & 300 VA, Pad -Mounted, Compartmental Type BID DATE: 3:00 p.m. (Our clock) April 12, 2011 WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR LP Transformers, 75 kVA & 300kVA, Pad -Mounted, Compartmental Type PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS. UANTITY: DESCRIPTION: 5Ea. TRANSFORMER, 75kVA PAD -MOUNTED COMPARTMENTAL TYPE, THREE PHASE DISTRIBUTION WITH SEPARABLE INSULATED LOAD BREAK HIGH VOLTAGE CONNECTORS. HIGH VOLTAGE RATING: 13200 GRDY/7620. LOW VOLTAGE RATING:208Y/120. SERIAL NUMBER 008 TO BE IN ACCORDANCE WITH SPECIFICATION #368-300-008, REVISION, MM 5 Ea. TRANSFORMER, 300kVA PAD -MOUNTED COMPARTMENTAL TYPE, THREE PHASE DISTRIBUTION WITH SEPARABLE INSULATED LOAD BREAK HIGH VOLTAGE CONNECTORS. HIGH VOLTAGE RATING: 13200 GRDY/7620. LOW VOLTAGE RATING:208Y/120. SERIAL NUMBER 030 TO BE IN ACCORDANCE WITH SPECIFICATION #368-300-030, REVISION, MM PLEASE COMPLETE THE ATTACHED EXCEL SPREAD SHEET FOR BID SUBMITTAL, IF YOU ELECT TO PASSWORD PROTECT YOUR BID, PLEASE NOTE THAT PASSWORD BELOW. 'Any surcharges or additional costs shall be noted & included in bid submittal. The transformers being bid meet or exceed the specifications. please list exceptions (specifying paragraph reference number) on ae sheet of paper and attach to your bid. Escalation is is not — Zaplicable ford. If escalation a, the bidder shall indicate in his bid the specific items orhmaterials subject transfoers toescalation, and shlall give the method and indices to be used in computing the amount thereof. Escalation Occurring after the quoted delivery date Will not be paid unless delays are the result of actions by the city. Escalation occurring after acceptance if purchaser exercises the option to delay shipment after manufacturing is completed, will not be paid. Delivery may be a consideration of bid award. For purposes of warranty and service ONLY approved manufacturers ordistributors authorized by an approved manufacturer to serve the Fort Collins area may bid. The City of Fort Collins reserves the right to split the bid in whatever percentages are most advantageous to the City. Future orders of LP Transformers, 75kVA & 300kVA, Pad -Mounted, Compartmental Style may be authorized, at the option of the City, from this bid for a period of five years after date of award. Satisfactory pricing and delivery is required for future orders based on this bid. SUPPLEMENTAL INSTRUCTIONS Prices quoted must remain firm for a 30 day period after the opening date. Freight terms: F.O.B. destination freight prepaid. All freight charges must be included in pricing submitted on proposal and not entered as separate pricing. Any discount allowed by Vendor for prompt payment, etc. must be reflected in quoted figure, and not entered as separate pricing. The City reserves the right to accept or reject any and all quotes. Bidder not responding to the services requested in this bid shall be removed from our automated listing for: Not Applicable Any questions or inquiries regarding this bid should be directed to: Opal F. Dick, CPPO, Senior Buyer (970) 221-6778 2 tZ . 0 O Z i DO �r m �o .0 80 i a 8 A aetjo 04 S 10 • H b [r?n to CM 4�] I 'Amy S a v Hw cxi�e r m b;u w,roy e H rn t7 ro0� 0 O H tv N y m O H O A Q C7 Q°xy H m. 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