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HomeMy WebLinkAbout194021 STUART C IRBY CO - PURCHASE ORDER - 9120333City of Fort Collins Date: 01/23/2012 Vendor: 194021 STUART C IRBY CO 4720 LIMA ST DENVER Colorado 80239 PURCHASE ORDER PO Number Page 9120333 1of3 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 Delivery Date: 01/22/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 25kVA OH XFMER T1000131 T1000131 YARD 15 EA 980.0000 14,700.00 TRANSFORMER, 25 kVA OVERHEAD TYPE SINGLE PHASE DISTRIBUTION. HIGH VOLTAGE RATING: 13200 GRDY/7620. LOW VOLTAGE RATING: 120/240. SERIAL NUMBER 131 TO BE IN ACCORDANCE WITH SPECIFICATION #368-100-131, REVISION U, "Mounting provisions shall allow for two -position mounting per IEEE C57.12.20, with mounting brackets located at positions 90 degrees from the secondary bushing locations on the tank. MFR.000PER Guaranteed No Load Loss -56 Guaranteed Full Load Loss 360 Guaranteed Total Load Loss 416 Impedance 2.31+-10% Escalation Is Not Applicable Proposal from Shonna Banke dated as/as/2011 6-8 weeks 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 Invoice Address: 4,700.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER C3. O!la;s4 �— 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 PO Number Page 9120333 2of3 This number must appear on all invoices, packing slips and labels. Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL. DETAILS. Tux c.xcntplions, By sand, the City of Fun Collins is exempt front slate and local tuxes. Our Exemption Number is 11. NON WAIVER. 98-04503. Federal Excise Tax Exemption Cenificate of Registry 84-6000587 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance ofthe terms and conditions hercul; failure or delay to Interval Idevcnate, Denver. Colorado (Ref. Culomdo Revised Statutes 1973, Clmp,, 39 26. 114 (a). exercise any rights Or readies provided herein or by law, failure to promptly notify, the Seller in the ,vent of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defecs of any of the wanzntics or obligations of this purchase order and shall not be deemed a vraivcr of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of in 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, nor shall mry purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the lesions Inspection. GOODS are subject to the City of Fun Collins inspection on arrival. hereof. Final Acceptance. Receipt of the mcrehandise, 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 Fen Collins. However, if is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact borne by the Purchaser. 'theretofore, for good cane and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipmmnts most be F.U.H., City of Fen Collins, 700 World St., Fort Collins, CO 80533, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise sp o ilied no dti$ oNer. If pemtission is given to pmpay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will rem be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected t'rom the nearest distribution point lu de, inntiun, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Seller shall procure a, sellers Sale cost all necessary permits, certificates and licenses requited by all applicable laws, regulations, ordinances and rules of file state, municipality, territory or political subdivision where the work is wrfomud, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller father llama,, to held the City of Fell Collins harmless from and again,[ all liability and loss incurred by then by reason of an asserted or established violation of any latch laws, regulations, ordinances, rules and m,pimn¢nts. Authorization. All panics to this comfort agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Parch. Order expressly limits acceptance a the gross and condition sated herein set forh and any supplementary or additional [anti and conditions annexed hereto or incorporated herein by reference. Any additional ordiftbrent terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately if you cannot .,take complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the lime stated on the purchase older and the doeunients attached hereto. No acts of the Purchasers including, without limiation, acceptance of partial lam deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to mher legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damasge, as a mill, of delay, due to causes nut rcssonably fureseeable which are beyond its reasonable control and isithuut its fault of negligence, such act, of God, acts ofcivil or military vutheridcs, govcmmcutnl priorities, fires, strikes, flood, epidemics, wars or riots provided that notice or the conditions causing such delay is given to the Purchaser within live (5) days of the time when the Seller him received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the paid equal to the time actually In,, by reason of the delay. 3. WARRANTY. The Seller wurants that all goods, articles, mo aials and work emerd by this order will conform with applicable drawings, specification, samples and/or other descriptions given. will be fit for the purposes intended, and performed with the highest degree of can and competence in accordance with accepted sandards for work of u similar nature. 'Ihe Seller agrees to hold the purchaser hatnless Crum any loss, damage Or ,,pane which it,, Purchaser may suffer or incur on account of the Scllcr breach of warranty. The Seller shall replace, repair of make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of rime as may be pm.ibd by law Or by the Ierns of any applicable wmmm y provided by Ihe Seller after rile date of acceprnce of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from impertcct or dd,,tivc work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall no constitute a waiver of any claim under this wommny. Except as udarvwis, provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing war .,tics Or gar nn+s, bur such linbi[iry shall in no event include loss of proliu or loss of use. NO II PLI ED WARRA NT'Y OR ME RCHANTA BI LI'rY OR OF FT'rN ESS FOR PURPOSE SI IALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make chances to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. ,The Purchaser any make any changes to the [emu, other than legal terms, including additimns a or ddomm, from the quantities migiwlly ordered in the specifications or drne'ings, by virWI or wrirlen change order. If any such change affects the annual due or the time of perfurnmce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. 'Ihe Purchaser may or any time by written change mdeo tenninm, this asmintent a, to any m all portions .1 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 be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with msp:u to any gads which are the Sellers sandal stock. No such wrininnimn shall relieve the Purchaser or the Seller ofany of their obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date Inc change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hcreumla Shull have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. 7 he Seller shall execute and deliver such docunan, as may be required to drect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this mlereace. The Seller agrees to indemnify and hold the Purchaser h:undess from all costs and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or coney this order, or any monies due or to become due hereunder without [he prior written consent of file other party. 10. TITLE. The Seller woman, full, clear and unrestricted fide to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, rcservatims, security macrem coca nnbounce, and claims of other,. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dire,, the Seller to eon¢c1 nonconfomting or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereallcr indicates its Hollad y Of mtwillingncss to comply, the Purchaser may cause the work To be performed by the most expeditious lamas mailable to it, and the Seller shall pay all costs associated with such work. *The Seller shall release the Purchaser and its contractors orally net from all liability and claims of any nature resulting from the perl'or imice ofsuch work. This release shall apply even in the event of hull of negligence of the party released and shall extend to the directors, oT Cho, rend employees ofsuch party. The Scllcrs contracmul obligations, including warranty, shall no be dsmed to be reduced, in any way, because such work is pedorocd or caused to be performer) by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process coved by letter, patent, trademark or copyright, the Seller shall indemnify and save harndess he Pumhuser from any and all claims for infringement by reason of du uw 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 ofwch infringement at any time during the proscention or after the completion of the work. lit case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and [he use of said equipment or pun is enjoined, the Seller shall, m its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace [he same with substantially equal but noninfringing equipment, or modify it w it beconcs noninfringing. 15. INSOLVENCY. If the Seller shut) become insolvent or balloopl, make un assignment for file benefit of creditors, appoint a receiver Or trust, for any of the Sellers property or business, this order may hadm'i[h be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions iftornu used or the interpretation of [he agmenum and the rights ofall parties hereundershall be cun[ru d under and governed by'the laws of Ihe Slam of Colordo, USA. 'file follmving Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcr Represenmtive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the >ma, is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials cfor, Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, miloal, 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. 1S. INSURANCE. The Seller shin 1, al 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 purcluce 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 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 contractor, if mry, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the premises ofothers, the Seller shall furnish the Purcbaser with a certificate that such connpcnsalion and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided Such cenificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compcnsmicn and insurance Shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. His, Seller hereby ussuncs the engine responsibility and liability for any and all damage. loss or injury ufaay kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe wok provided for in [his purchase order or in connection berewl[h. qhe 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, dosages, charges or expenses, whether direct or indirect, and whether to persons or property In 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 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 time on account or by reason of any act, action, neglect, collision or default of the Seller of any of his eonuuctorm or any of its or their ofTicen, ugcnts or employees as afuresnid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expcie., to pay any and all costs, cleanses, anomcys fees and other expenses, any and all judgments dot rally be incurred by or obtained against [he Purchaser or any of its or their offices, agents ur employees in Suet, soils or other proceedings, and in ,use judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result ofsuch suit, or other proceedings, the Seller will at once cause the some to be dissolved and discharged by giving bond or otherwise. The Seller and his emurneuns, shall take all satcty precautions, famish and install all guards necessary for the prevention of accident., comply with all laws a d regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant [hcaelo. Revised 03C010