Loading...
HomeMy WebLinkAbout486978 BORDER STATES ELECTRIC SUPPLY - PURCHASE ORDER - 9112709PO PURCHASE ORDER 911270er Page City of PURCHASE 9112709 t of z ' `t CollinsCnumber must appear ` 1 1�7 ll invoices, packing s and labels. Date: 05/12/2011 Vendor: 486987 Ship To: UTILITY SERVICE CENTER - WA BORDER STATES ELECTRIC SUPPLY CITY OF FORT COLLINS 4686 IVY STREET 700 WOOD ST DENVER Colorado 80216-6412 FORT COLLINS Colorado 80521 Delivery Date: 05/12/2011 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price T1100161; TRANSFORMER 9 EA 2,816.0000 25,344.00 75kV single phase underground T1100161 YARD TRANSFORMER, 75 KVA SUBMERSIBLE, SINGLE PHASE WITH OVERCURRENT PROTECTION PER SPECIFICATION. ONE COVER MOUNTED SEPARABLE INSULATED LOAD BREAK HIGH VOLTAGE BUSHING WELL, THREE COVER MOUNTED STUD SECONDARY BUSHINGS. HIGH VOLTAGE RATING: 13200 GRDY/7620, LOW VOLTAGE RATING: 240/120. PER SPECIFICATION #368-110-161, REVISION B, ; Mfr. Central Maloney Guaranteed No Load Loss - 177 Guaranteed Full Load Loss - 501 Guaranteed Total Load Loss - 678 Impednce 1.53% Delivery: 10 weeks Bid 7229 Cam, C3. or�.:s2sz U 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 $25,344.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fog Collins is exempt from sate and local Taxes. Our Exemption Number is 11. NONWAI VER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is regisercd with the Collector of Failure M the Purchaser to insist upon strict performance of the toms 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 pmvided herein or by Iaw, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for good hereunder or appmral offl a design. shall not release the Seller Of Grad Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamnties 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 am not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any of its rights or remedies as many such goods, 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 pugtnnM oral modification or rescission of this purchase order by the Purchaser operate as a waiver ofany of the Isms Inspection. GOODS am subject to the City of Port Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in msponne to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in acnml economic practice, overcharges resulting from a"ftrtsl ACCEPTANCE is dgendent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby ..signs 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, 7W Wood St., Fro Collins. CO 90522, unless acquired under federal or state antitrust laws for .such overcharges relating to the particular .it, nr services otherwise specified on this order. Hpemrission 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. Shipment Distance Where manufacturers have distributing points in vndiens parts of the country, shipment is If the Purchaser directs the Seller to correct nnnermfomming or defective goods by a date 10 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 t1 meafter indicates its inability or unwillingness to comply, the Purchaser shipments are made farm greater distance. may cause the work to be performed by the most cxpnlitinas means available to it, and the Seller shall pay till costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Imes, regulations. ordinances and Tales 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 harri from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mlcs and requirements. Authorization. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein sat forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tern¢ and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised 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 attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate at a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of dcl ays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil we military authorities. governmental priorities, fires. strikes, food, cpidcm ics, wars or hots provided that notice of the conditions causing such delay is given to the Par achascr 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. 3, WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confirm with applicable drawings. specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless form any loss, damage Or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Scllcr shall replace. repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable wamnty provided by the Seller aficr the date of acceptance of the goods famished 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 constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Seller, liability hereunder shall extend to all damages proximately eau ed by the breach crony of the foregoing wamnties or g a;Tances. but such liability shall in no event include loss of profits or loss of use 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 tams. including additions to or deletions from the quantities originally indicted in the specifications or drawings, by verbal or wwrigcn change order. If any such change affects the amount due or the time offu formance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS, The Purchaser may at any time by written change order, marimatc this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not he liable for any claims For anticipated profits no the unenmplcmd 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 arc the Sellers standard stock. NO such terminaion shall relic', the Purchaser or the Seller crony of Ihcir 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 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 Imes and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to direct or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser haat from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become dare he amdcr without the prior written consent of the other party. 10. TITLE. The Seller wamnts full, dear and unrestricted title to the Purchaser for all equipment. materials, and items famished in performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest cacumbrinccs and claims ofothcrs. The Seller shall rcicase the Purchaser and its contractors crony net farm all liability and claims of any nature resulting from the performance oLsuch work. This release shall apply even in the even, of fault of negligence of the party released and shall extend to the directors, officers and employees of such piny. The Sellers contractual obligations, including wamnty, .shall not he deemed to be reduced, in any way, because such work is perforated or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Ictrcr. patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claim.. for infringement by reason of the use of such patented design, device. material or prcccss 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 nfsuch infringement at any time daring the Prosecution or aRcr the completion of the work. In case said equipment, or any pan thcrcof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said cquipmcnt or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes mainfringing. 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 oftems used or the interpretation ofthc agreement and the rights ofall parties hereunder shall be consumed under and gOvemvd by the laws fthe State cf COlomdo. USA, The (allowing Additional Conditions apply only in cases %%here the Seller is to perform work hereunder, including the services of Sellers Representativc(s), on the premises ofed crs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the sane is fully completed and accepted, and shall, in case of ony accident. destruction or injury to the pork and/Or materials before Seller's final completion and acceptance, complete the work at Seller's men expense and to the satisfaction of the Purchaser. When materials and equipment are 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. 18. INSURANCE. The Seller shall, at his Own cxpcnsc, 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. and/or to their dependents in accordance with the Imes 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 limit of tit 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 reclaim his contractors. irony, in 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 cer ifican that such compensation and insurance have been provided, Such ecrtifiemtt shall specify the date when sash compensation and insurance have been provided Such eenificates shall specify the date when such cnmpessmion and insurance expires. The Scllcr agrees that such compensation mid insurance shall be mainmined until after the entire work m csamplemd and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herebv asmmes the entire responsibilityand liability fnr any and all damnge, loss or injury ofany kind or nature whatsoever to persons or property soused by or resulting farm the execution of the work pro, ided 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, damnecs, charges or expenses. whether direct or indirect. and whether to regains or property to which the Purchaser may be put or subject by reason of any act, action, neglect. not ission or dcfau It on the pan 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 Pumhawr, or its officers, agents or employees at any lime on account or by reason of any act, action, negleel. omission or default of the Scllcr of any of his comments or any of its or their oRcers, agents or employees as aforesa id, the Seller hereby agrees to assume the defense thereof and In defend the same at the Sellers own cxpcnsc, to pay any and all costs, charges, attorneys fee 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 snits or other proceedings, and in case judgment Or other lien be placed upon or obtained against the propegy of the Purchaser, or said panics 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 othenise. The Scllcr and his contractors shall take all safety precautions, famish and install all guard 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 Talcs and regulations issued pursuant thereto. Revised 0312010