HomeMy WebLinkAboutGraybar Electric Co AGREEMENT
THIS AGREEMENT made and entered into this 19th day of April ,
1985, by and between GRAYBAR ELECTRIC CO., INC., P. 0. Box 13187,
Green Bay, WI 54307 party of the first part, and the CITY OF
OSHKOSH, a municipal corporation located in Winnebago County,
Wisconsin, hereinafter referred to as the "City", and party of the
second part.
WITNESSETH:
WHEREAS, the Common Council of the City of Oshkosh by reso-
luton duly adopted on the 18th day of April , 1985, accepted the
bid of the first party and authorized and directed the proper City
officials to enter into an agreement with the party of the first
part for:
High pressure sodium lighting
Quantity 21 - 250 watt (ITT)
according to the specifications and bid for same on file in the
office of the City Clerk.
NOW, THEREFORE, pursuant to said resolution of the Common
Council of the City of Oshkosh, the parties hereto agree as
follows:
1. That the party of the first part will furnish same to the
City, all in accordance with the specifications and bid on file in
the office of the City Clerk.
2. That no assignment of this agreement or of any rights
thereunder by said party of the first part, shall be valid with-out
the written consent of the City; and that this document including
the specifications and bid, constitutes the entire agreement be-
tween the parties hereto and that any understanding either oral or
written, not a part hereof shall not be binding on either party.
3. That in consideration thereof, the City will pay to the
first party the sum of $1,669.50, upon presentation of a proper
voucher, and delivery and acceptance by the City in conformity on
said specifications and bid.
1
IN WITNESS WHEREOF, the parties hereto have caused this agree-
ment to be signed by the proper officers of each party and their
corporate seals to be hereunto affixed all on the day and year
first above written; then if first party is a corporation or part-
nership, the signing of this agreement shall constitute a warranty
by the person (s) so signing the proper authority so to do.
In the Pres-nc- of: GRAYBAR ELECTRIC CO., INC.
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BY: 644
i Signature of the sole pro-
, tad., 0 '- prietor , or name or corporation
orry pa the ship
7:te "
C 111 /11 President or P rtner
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Secretary /
CITY OF KOSH• o
i'' L • 6,_ ilL BY• ,e/ .-k '
h,William D. Frueh, City
Atliab, I 4 M `a�g er
!1I l)r2 _ �_ .
lLf� '_, ,�r-,./: . And: ,f� � . —�.�_
Donna C. Serwas,
City Clerk
Approv d as to orm a , execution: I hereby certify that the
�, necessary provisions have
,rr�r '��� ��� been made to pay the l ia-
Warren P. Kr. , bility that will accrue
Asst. City Attorney under this Contract.
,. J 1 'x11-
EDWARD A NOKES,
City Comptroller
2
I hereby certify that I am Secretary of Graybar Electric Company,
Inc . , a corporation organized and existing under the laws of the State of
New York, with its principal office at New York, New York; that as such I.
am custodian of the records and official seal of said Corporation, and that
the following is a true and correct copy of a resolution duly adopted by the
Board of Directors of said Corporation at a meeting held in New York.,
New York on December 11, 1975:
Upon motion duly made and seconded, the following resolution was
unanimously adopted:
"RESOLVED, That the Branch Manager or Branch Operating
Manager or Branch Financial Manager hereby is authorized to sign
and/or execute in the name and on behalf of the Corporation:
1) Formal Contracts, including applicable performance
bonds, arising from invitation, bid, and acceptance
forms which become orders upon acceptance by buyer
on which the total amount does not exceed $25, 000.
2) Other Proposals and Bids where the amount does not
exceed $200, 000.
3) Bid Bonds where the amount does not exceed $2, 500. "
Further, that the foregoing meeting was convened and the proceedings
held in accordance with the law and the charter and by-laws of said Corporation,
and have not been revoked, annulled, or amended.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of the Corporation this 27th day of December, 1978
`'
Secretary ,o,
GRAYBAR ELECTRIC •MPANY, INC,
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QUOTATION
GraybaR
ELECTRIC COMPANY, INC. WHEN ORDERING 4/11/85 #700.:
PLEASE MENTION
P.O.BOX 13187 (Date-Reference)
610 LOMBARDI AVENUE Bid for
GREEN BAY,WISCONSIN 54307-3187 YOUR REFERENCE
Lighting
. Oshkosh Purchasing Div.
P.O. Box 1130
City Hall
Oshkosh , WI 54902
DUE: April 11 , 1985
SUBJECT TO THE TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS QUOTATION
Gentlemen :
We are pleased to quote you per your attached inquiry.
Yours truly,
c
k
c�
Mike Breitung
WPS.T NCT INC UICrp IN Quotation Specialist
.N: P. QUG7t: W N..
MB:lr
Attachment
THE GRAYBAR TAG .( SYMBOL OF DISTRIBUTION
TERMS AND CONDITIONS OF SALE
1. PRICES—Prices quoted herein are subject to change without notice, unless otherwise
noted. In any event, this quotation is subject to acceptance within thirty (30) days from date of
issue. Any change in quantities, partial release or destination may incur a price adjustment.
2. DELAY IN PAYMENT—If payment of Seller's invoice is made after the net due date,
Seller reserves the right to render an additional invoice to cover any additional charges for the
extra time taken.
3. TAXES—Prices shown do not include any sales,excise or other government charge payable
by SelLr to Federal, State or local authority. Any such taxes now or hereafter imposed upon
sales or shipments will be added to purchase price. Buyer agrees to reimburse Seller for any such
tax or provide Seller with acceptable tax exemption certificate.
4. ACCEPTANCE OF ORDER; TERMINATION—Acceptance of any order by Seller is
subject to credit approval. If Buyer fails to comply with these terms and conditions of sale or if
Buyer's credit becomes unsatisfactory to Seller, Seller reserves the right to terminate upon notice
to Buyer and without liability to Seller.
5. CANCELLATIONS BY BUYER--Cancellations by Buyer shall be by mutual agreement
in writing, based on any adjustment necessary to cover labor expended, material procured, and
reasonable overhead expenses applicable thereto.
ti. DELAY IN DELIVERY--Seller is not to be accountable for delays in delivery if caused
by any legislative, administrative or executive law, order or requisition of the Federal Government
or any State or Municipal Government or any subdivision, department, agency, officer or official
thereof, or if caused by, but not limited to, strike, fire, floods, accidents, delays of carrier, inability
to obtain suitable and sufficient labor, and necessary supplies of raw materials or other unavoidable
contingencies beyond the Seller's control. Factory shipment or delivery dates are the best estimates
of our suppliers. In no case shall Seller be liable for any consequential or special damages arising
from any delay in delivery.
7. LABOR CHARGES—Seller shall not be held liable for any labor charges other than
those agreed upon in advance between the manufacturer and Buyer of the products covered by
this quotation.
8. BUYER'S REQUIREMENTS--Material and equipment included in this quotation are
based on Seller's interpretation of Buyer's requirements and are subject to verification by Buyer
or his representative.
9. WARRANTIES--All materials included in this quotation are warranted only to the
extent of manufacturer's warranty. This warranty will be furnished on written request.
10. BUYER'S REMEDIES—Buyer's remedies for any defects in the materials covered by
this quotation are subject to any limitations contained in manufacturer's terms and conditions to
Seller. A copy of such terms and conditions will be furnished upon written request. IN ANY
EVENT, SELLER SHALL NOT BE LIABLE FOR CLAIMS (BASED UPON BREACH OF
EXPRESS OR IMPLIED WARRANTIES OR NEGLIGENCE) FOR CONSEQUENTIAL OR
SPECIAL DAMAGES OR FOR ANY EXPENSES INCURRED BY REASON OF THE USE,
SALE OR FABRICATION OF THE MATERIALS COVERED BY THIS QUOTATION
WHICH ARE FOUND TO BE DEFECTIVE. In addition, claims for shortages, other than loss
in transit, must be made in writing not more than five (5) days after receipt of shipment. Finally,
no material may be returned to Seller without the written consent of Seller.
11. WAIVER—The failure of Seller or Buyer to insist upon the performance of any of the
terms or conditions of this contract or to exercise any right hereunder shall not be deemed to be
a waiver of such terms, conditions or rights in the future, nor shall it be deemed to be a waiver
of any other term, condition, or right under this contract.
12. MODIFICATION OF CONTRACT—No terms and conditions other than those stated
herein, and no agreement or understanding, oral or written, in any way purporting to modify these
terms or conditions, whether contained in Buyer's purchase or shipping release forms, or elsewhere,
shall be binding on Seller hereinafter unless made in writing and signed by its authorized repre-
sentative. IF THE CONDITIONS OF THIS CONTRACT ARE NOT ACCEPTABLE, BUYER
MUST SO NOTIFY SELLER IN WRITING AT ONCE.
t� ,-.5.
rial
( liii,
PURCHASING DIVISION
NOTICE TO VENDORS :
1 . We are submitting herewith for your consideration an invita-
tion to bid on:
NINE (9) LUMINAIRES AND STANDARDS CARL STEIGER PARK
HIGH PRESSURE SODIUM LIGHTING
2 . Bids must be addressed to Oshkosh Purchasing Division, P.O. Box
1130, City Hall , Oshkosh, Wisconsin 54902 . Envelope shall show
name of bidder , and must be plainly marked in the lower left
hand corner "Bid for Lighting" .
3 . Bids must be on file in the office of the Purchasing Agent no
later than 10 :30 a.m. . C_S _T_ , Thursday, April 11 , 1985
Any bids received after that hour and date will not be opened and
will be returned to the bidder unread.
4 . A written request for the withdrawal of a bid or any part thereof
may be granted if the request is received by the City prior to the
specified time of opening.
5 . All formal bids submitted shall be binding for thirty-five (35)
calendar days following bid opening date , unless the bidder(s)
upon request of the Purchasing Agent , agrees to an extension.
6 . Bids will publicly opened and read at the hour and date above
stated. Award, if any, will be made as soon thereafter as practical .
7 . Although no certified check , cashier's check, or bid bond must
accompany the proposal , if the bid is accepted, the bidder must
execute and file the proper contract within ten (10) days after
award by the Common Council and receipt of the contract form for
signature .
8 . The City reserves the right to reject any and all bids and to
waive any informalities in bidding.
9 . For specifications and further information concerning this
invitation to bid, contact Donald La Fontaine , Purchasing Agent ,
Room 312 , City Hall or telephone (414) 236-5100 .
• William D. Frueh
City Manager
PUBLISH: April 1 , 1985
CITY HALL - 215 CHURCH AVENUE - P .O . BOX 1130 - OSHKOSH , WI 54902
GENERAL PROVISIONS
1. Proposals shall be submitted on the sheets provided by the City of Oshkosh
and proposals not submitted on those forms will be considered irregular and
will not be read.
2. Unless stated otherwise in the specifications, all equipment or commodities
shall be new and the manufacturer's current model , complete with all standard
equipment and accessories.
3. Full identification of equipment or commodities quoted upon, including
brand, make, model , catalog identification number (if any) , and descriptive
literature where possible, must be furnished with the bid as an aid in
checking the bid against specifications. If the item bid varies in any way
from these specifications, special mention must be made of such points or
it will be understood that the bidder proposes to meet ,all details of the
specifications.
4. Unless stated otherwise in the specifications, all prices shall be F.O.B.
Oshkosh, Wisconsin, stated destination, with all Federal Excise and Wisconsin
Sales taxes deducted. The City of Oshkosh is exempt from these taxes and
will furnish proper exemption certificate, if requested by the successful
bidder.
5. If a warranty applies, the bidder shall state the conditions of warranty.
6. When requested in the specifications, the bidder must state the nearest
location were parts and repair service will be available.
7. Delivery date must be stated in realistic terms to enable the bidder to
adhere to them.
8. Indicate your terms of payment. The City of Oshkosh pays invoices on the
first and third Thursday of the month.
9. If there are several items in the bid, the City of Oshkosh reserves the
right to accept separate items or to award the total bid to one supplier,
whichever is in the best interest of the City. If you bid is qualified in
this respect, clearly state whether your bid is for "all or none" or to
what extent it is qualified.
10. If there is a trade-in, the City of Oshkosh may elect to accept the bid
with trade-in or without trade-in, whichever is in the best interest of the
City.
11. Equipment or items must conform to all applicable Federal Occupational
Safety and Health Act provisions.
12. if two or more bidders submit identical bids and are equally qualified, the
decision of the City to make award to one or more of such bidders shall be
final. Selection shall be made by drawing lots. Cash discounts, when 10
days or longer are allowed will be considered.
SPECIFICATIONS
HIGH PRESSURE SODIUM LIGHTING
CITY OF OSHKOSH , WISCONSIN
1 . The City of Oshkosh , Wisconsin will be converting a portion
of their ornamental street lighting from Mercury Vapor to
High Pressure Sodium .
2 . Due to budget limitations the quantities ordered maybe more
or less depending on bids recieved.
3 . The local utility company accepts only three (3) brands , so
the City will only accept bids on the following :
400 Watt : General Electric #C-798-N-501
ITT #25-52-43
Crouse Hinds #RV-2-GS-PR-A3EA
250 Watt : General Electric #C-760-N-622
ITT #13-52-33
Crouse Hinds #RV-2-GS-NR-A3EA
4 . Quantity : 54 (more or less )
Color : Gray
Refractor : Type III
Ballast : Regulated, high power factor
Type : High Pressure Sodium
Wattage : 400
Voltage : 230
Style : Cobra Head
No Photo Cell or Socket to be provided
No Lamp to be provided
5 . Quantity : 21 (more or less )
Color : Gray
Refractor : Type III
Ballast : Regulated, High Power factor
Type : High Pressure Sodium
Wattage : 250
Voltage : 115
Style : Cobra Head
No Photo Cell or Socket to be provided
No Lamp to be provided
Specifications
High Pressure Sodium Lighting
Page 2
6 . Bidder to provide installation instructions .
7 . Bidder to submit product literature with bid.
•
PROPOSAL
HIGH PRESSURE SODIUM LIGHTING
CITY OF OSHKOSH , WISCONSIN
We , the undersigned , propose to furnish the City of Oshkosh , Wis-
consin, Electrical Division, f .o .b . , 805 Witzel Avenue , Oshkosh,
Wisconsin 54901 the following in accordance with specifications ,'
for the following amounts :
Quantity 54 (more or less) 400 watt :
ITT #25-52-43 $93.40E $ ' 5 , 043. 60
Brand name and model number each Total
Quantity 21 (more or less) 250 watt :
ITT #13-52-33 $ 79. 50E $ 1 , 669. 50
Brand name and model number each Total
Delivery : 3-4 wks after receipt of order
Warranty : One year
Terms : Net 30 days
Graybar Elec . Co. , Inc .
Name of Company
.97/12,
.�
SUBMITTED BY: Mike Breitung , Quotation n Specialist
Name & title of person making out
the bid
610 Lombardi Ave . (P.O. Box 13187 )
Address
Green Bay, WI 54304 ( 54307-3187 )
City State Zip
April 11 , 1985 ( 414) 437-3283
Date Telephone number
•
CITY OF OSHKOSH
LAMINATED WOOD LIGHTING STANDARDS
(Quantity of 9 ) —�
Laminated wood lighting standards shall be TH20APS r.imble House
to match existing standards .
1 . Overall height shall be 25 ' , designed for direct burial
of 5 ' .
2 . Wood shall be pressure-treated by the "Cellon" process ,
using pentachlorophenal preservative conforming to "AWPA
Standard C28-78".
3 . Standards shall be designed to withstand a 80 MPH wind
load with a 1 .3 gust factor with a projected area of 2 .0
square feet .
4 . Wet use phenolresorcinol adhesive shall be used and glue
lines meet the strength requirements of "Commercial Stand-
ard CS253-63".
5 . Wood surface shall be natural in appearance .
6 . A wire raceway minimum size 1 " square , shall extend the en-
tire length of the standard.
7 . Standards shall be guaranteed for 20 years against failure
due to wind loads , decay, or insect attack .
8 . Standards shall be wrapped in heavy-duty moisture resistant
paper for shipping.
9 . A wire access hand-hole shall be located 78" from standard
bottom (18" above ground line) .
10 . A heavy-duty, metallic , non-corrosive 3" tenon cap shall be
installed on the standard top to accomodate a post-top lum-
inaire .
11 . Standard shall be stained a color that will blend well with
coppertone luminaires .
CITY OF OSHKOSH
CARL STEIGER PARK GROUNDS LUMINAIRES
(Quantity of 9)
Luminaires shall be Trimble House , TH5728-250W-HPS-120C to match
existing luminaires .
1 . Luminaires shall be the "Mansard" style .
2 . Luminaires shall have a rugged housing and a heavy-duty cast
base , with a hinged hood for easy lamp replacement . All
exposed hardware shall be of noncorrosive materials .
3 . Shall be designed for post-top mounting, to accomodate a 3"
tenon.
4 . Shall be for use with a 250-watt high pressure sodium lamp.
5 . The refractor shall be made of polycarbonate and shall produce
a Type V light pattern , gasketed on both ends .
6 . The ballast shall be a regulated type , high-power factor , and
be 120 volts primary .
7 . Luminaire is to be without a photo-control socket .
8 . Luminaires shall be coppertone in color applied by the Duranotic
process .
9 . Lamps are not to be included in this bid .
10 . Materials shall be shipped in protective cartons .