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HomeMy WebLinkAboutAddenda - BID - 6090 THREE PHASE LARGE OUTDOOR 115KV POWER TRANSFORMERS.. .. WAUKESHA ELECTRIC SYSTEMS MAINTENANCE WARRANTY ADDENDUM To be attached to and form a part of contract or purchase order dated 7/30/08 between WAUKESHA ELECTRIC SYSTEMS, Inc. hereinafter referred to as Contractor and City of Tort Collins hereinafter referred to as Customer. It is expressly understood and agreed by the parties to this contract that the Surety's liability under its performance bond with respect to maintenance shall be limited to a one year maintenance period which shall begin when Customer accepts delivery or makes final payment in accordance with the terms of the contract, WAUKESHA ELECTRIC SYSTEMS, Inc., its successors, and/or assigns, shall be solely responsible for the balance of the term of its maintenance warranty in accordance with the terms found therein. A consideration for this limitation shall be the provision in the contract for a five year maintenance warranty offered at no expense to the customer. This addendum signed, sealed, and dated this day of 14 L. 2008, WAUKESHA ELECT SYSTEMS, Inc. Accept by: r Signature Name Title City of Fort Collins Accepted by: �. t ature Name Title /(N-F2,f)1v r--w £Ej� WAUKESHA 400 S. Prairie Avenue • Waukesha, WI 53186-5940 August 6, 2008 City of Fort Collins Utilities Purchasing Department PO Box 580 Fort Collins CO 80522 Attention: Mr. James O'Neill Reference: Your Purchase Order Number 8854470 Waukesha Electric Systems W.O. Number(s) W026565 and W026566 Dear Mr. O'Neill: Waukesha Electric Systems would like to thank you for your order referenced above. The team members involved with your order are as follows: Kelly Smith Order Coordinator is responsible for the coordination of this unit. You can contact me at my direct line at 262/513-5410. Please contact Randall Grams, Traffic Manager, with questions regarding shipment and delivery of your transformer. His direct line is 262/521-0171. Larry Kriege, Technical Service Manager, is responsible for field service requirements on the transformer after it leaves the factory. He will coordinate any field activities required for your order. An advance notice of 30-45 days is required for scheduling field service. His direct line is 262/521-0130. Jim Houlihan of Lewis Associates Channel Partner. His office is located in Lakewood, CO and you can reach him at 303/638-1316 or fax number 303/232-7292. Please include the channel partner for copies of all correspondence. Waukesha Electric Systems offers you the ability to conveniently check the current status of your order on- line. Log on to �-wcvwaul:eslr<�e.letric.con, and launch the WES-Status Website. Use the temporary UserlD and Password listed below and you'll be on your way to establishing quick, convenient and secure management of your Waukesha Electric Systems Transformer Orders. Waukesha Electric Systems is looking forward to working with Fort Collins Utilities. Yours truly, Waukesha Electric Systems Kelly A. Smith Order Coordinator cc: Jim Houlihan (Lewis Associates) Check up-to-the-minute order Information and communicate with your Order Coordinator USER ID: 4180 PASSWORD: 4180 EAUKESHawt TRANSFORMERS ^ SERVICE s TRAINING o COMPONENTS CUSTOMER ORDER NO. 8854470 SALESPERSON LEWIS ASSOCIATES ORDER ACKNOWLEDGEMENT ORDER NO. ORDER DATE PAGE 1 .33210-02 107/3.0/08) 1 .OF..3. CUSTOMER NO. 4180 MARKETING CONTACT KEL.LY SMITH SHIPTO FORT COLL.INS UTILITIES TIMBERLINE SUBSTATION FORT COLLINS NORTH RAILROAD YARD CABOOSE TRACK Sit? VINE; 6 TIMBERLINE RDS FORT COLLINS CO 8052:2 ITYE:M: 01 SOLD TO FORT COLLINS UTILITIES PURCHASING (PO 13z1X Sao FORT COLLINS Co 80522—.0580 DELIVERY TERMS FOB NEAREST RAIL SIiDING TERMS OF PAYMENT SEE" BELOW APPLICABLE TAX TAX EXEMPT, NUMBER =.98-04502. I INCLUDED T =ANSFORMWE_ ' WORK OQD'TP NUMBER: W0265w 30/40/00 MVA, ONAN/ONAF/ONAF, 3 PHASE, 6? H7., 55/65 DEGREES C TEMP. RISE, 115 DELTA HV KV — 550 OIL, 13.8 sWYE LV KV — 110 3IL, WITH HV DE:—ENERGILFD TAPS AND LV LOAD TAP CHANGER. D?AWINGS: APPROVALS RE:4`UI97D. FINAL DRAWINGS AND INSTRUCTION BOOKS WILL 2E SENT AT SHIPMENT AND TEST REPORTS AFTER SHIPMENT. SHIPPING INSTRUCTIONS: TRANSFORMER WILL BE SHIPPED VIA RAIL, F.O.A. tPAILSIDING, OIL TO SHIP SEPARATELY (SUPPLIED BY WES) (STANDARD DQY AIR FILLED). NOTIFICATION TO: NATaE HENDERS<ON AT 720/936-5629 F, ROSS AT 975/567t i09, 72 HOURS PRIOR TO SHIPMENT. 2 IMPACT QVCD7D5RS REQUIRED. WARRANTY: FIVE YEAR WARRANTY APPLIES TO THIS TRANSFORMER. THIS ORDER IS SCHEDULED FOR MIDMAY, 26C9 SHIPMENT. PLEASE .ADVISE FACTORY IF THIS DATE IS NOT ACCEPTABLFo WES CONSIDERS THE ABSENCE OF A. RESPONSE WITHIN FIVE: (5) 4USINESS DAYS TO BE A FIRM CUSTOMER ACCEPTANCE. PAYMENT T5!MS: .30 AT TIMP= OF ORDER ACKNOWLFD'GEMENT DUE NET 30 DAYS 60% AT SHIPMENT DOE NET 30 DAYS 10% AFTER INSTALLATION F TEST DUE NET 30 DAYS WAUKESHA EJECT RIC SYSTEMS . 400 S. Prairie Avenue • WAUKESHA, WI 53186 • 1-800-835-2732 OAKN (REV. 08/06, ISSUED BY TSB) r TRANSFORMERS o SERVICE TRAINING - COMPONENTS ORDER ACKNOWLEDGEMENT CUSTOMER ORDER NO. I ORDER NO. ORDER DATE PAGE 8854470 13321 n-02 SALESPERSON CUSTOMER NO. SOLD TO LFWIS ASSOCIA.T.?ES 41.8 aD 'IFORT COLLINS UTILITIES MARKETING CONTACT I PURCHASING K E,L.LY SMITH iF—o i30X. 580 SHIP TO (FORT COLLINS. CO 80522—.0580 FORT COLLINS UTILITIES TIMH`.=RLINI_ SU9STATIDN DELIVERY TERMS FORT COLLINS NORTH .RAILROAD YARD FOB NEAREST RAIL SIDING CABOOSE . TRACK 310 TERMS OF PAYMENT VINE & TIMB 7LINE RDS SEE BELOW FORT COLLINS CO 80522 APPLICABLE TAX TAX-EXEMPT, NUMBER = 98-04502 IT( M: 02 1 INCLUDED FI%LD SERVICE: WOITK OQD!'r, NUMBPE;: 'W1 37675 A FI=_L7 SERVICR-I--PRF"5ENTATIVE WILL_ OF MADE- AVAILABLE TO GUIDE" AND, IF OE_: IPCD, ASSIST YOUR CREW IN THE INSTALLATION WORK. PLEASE SCHEDULE AT Lt:A ST TWO WFEKS PRIOR TO THE TIME YOUR CREW INTf_NDS TO 9EGIN ASSEMBLY 8Y CALLING {i30G)035-2732d ASK FOP THE: FIELD SERVICE DEPARTMENT — THEN MENTION THAT YOU WOULD LIKE'_ TO SCHEDULE A SERVICE MAN. IT I.S AHSOLUTELY NECESSARY FO'T A Rt:PRk'SENTATIVE OF WAUKESHA ELFC'TRIC SYSTEMS TO EsF PciCSFNT=')W'UNG THE ASSEMNLY ANC)/OR I=ILLING OF THIS I'%ANSF,712WQ TD VALIDATE THE FIVE YEAG.` WARRANTY. PTEh9: :'3 I INCLUDED IPAN SI-()'?t WOC 11K, 0. D0--R NUMBLR:' 2JC12b!ifi fi ITEM 03 IS IDENTICAL TO ITEM :'I'< (SF-F TEXT IN ITEM 01) '. ITEM: ^4 SCHFDULFD SHIP DATE_: LATE' MAY, 2009 WAPPANTY: FIVE- Y:^AR, WARRANTY APPLIES TO THIS TRANSFORMER. FTI_:LO S=-RVICt"_: WOE%K f?'7 Df.: c, NU"1L3FP. W1 37676 IT'FM, �4 IS IDENTICAL TO ITfi:M C2m (SE:E:= TEXT IN ITEM ^2) I INCLUDED WAUKESHA 1:: LECTRIC SYSTEMS • 400 S. Prairie Avenue • WAUKESHA, WI 53186 • 1-800-835-2732 OAKN (REV, 08/06, ISSUED BY TSB) EAUKRISHo@J ,. TRANSFORMERS - SERVICE TRAINING a COMPONENTS ORDER ACKNOWLEDGEMENT CUSTOMER ORDER NO, ORDER NO. ORDER DATE PAGE 8854470 33210 ';32 (07/30/08). 3. .OF 3 SALESPERSON CUSTOMER NO. SOLD TO LE: ilS_ASSOCIATES. 4.180 (FORT COLLINS UTILITIES MARKETING CONTACT ( o UFt CH A S:I N G KELLY SMITH :APO BOX.580 SHIPTO FORT 'CCLL INS CO "80522-3580 FOPT COLLINS UTILITIES> TIMBERLINE SUBSTATION DELIVERY TERMS fORT COLLINS NOPTH. RAIL.R',DAD YARD FOO NEAREST RAIL SIDING CABOOSE: TRACK 310 I TERMS OF ELOW ENT VINE F.7IM9. =?LLNE rPS. !SEE `?ELC)MI FnRT COLLINS CO 80522 APPLICABLE TAX TAX EXEMPT, NUMBER =...98-04502 ORDE-R TOTAL: $29700,686.0C WAUKESHA ELEC RIC SYSTEMS • 400 S. Prairie Avenue • WAUKESHA, WI 53186 • 1-800-835-2732 'wom / OAKN (REV. 08/06, ISSUED BY TSB) TRANSFORMERS Sr RVmE TRAINING . COMI OWENIS `re nas- ea (,on.1tions of Sale 1. ACCEPTANCE, GOVERNING PROVISIONS, AND CANCEI.LirTIONS. No orders shall be binding upon Seller until accepted in writing by the Seller at its headquarters office of at its plant handling and processing such orders, The Seller's acceptance of the Buyer's order is conditioned upon the Buyer's assent that the terms and conditions set forth herein shall be deemed as part of such order. No modified or Other conditions will be recognized by the Seller unless specifically agreed to in writing, and failure of ilia Seller to object to provisions contained In any purchase order or other communication froril a Buyer shall not be construed as a vraiver of these conditions nor an acceptance of any such provisions. No order accepted by the Seller may Ile altered or modified by the Buyer unless agreed to in writing by the Seller, and no such order may be cancelled or tonninaled by the Buyer except wish the written consent of the Seller and upon payment of the, Seller's loss, damage and expense arising, from such cancellation or tennination. Any agreement of purchase or sale shall be construed in accordance with the laws of the State of Wisconsin. 2. PRICE POLICY. Unless otherwise stated, prices only shall be firm for shipment within the quoted ieadtime. 3. TERMS OF PAYMENT. Unless otherwise specified, terms of payment are net 30 days from data of shipment. There will be a 1 1/2% charge per month of the total invoice price beginning 30 days after date of invoice, but the amount shall not be in excess of the applicable usurious rate. 4. TAXES. Price does not include sales, use, excise or other taxes, for which Buyer assumes liability wherever applicable to this contract 6. FREIGHT. Prices are I=.0.6, jobsits or nearest accessible railsiding, freight prepaid and allowed Seller retains risk of loss until delivery provided Buyer agrees to inspect the equipment within 72 hours of arrival and advise Seller and cairier of any observable damage or irregularity pursuant to Seller's Receiving Instructions. Any detention charges by the carrier are the Buyer's responsibility. 6. DELIVERY AND DELAY. Seller shall not be liable for any loss or damage as a result of any delay in delivery or installation due to any cause beyond the Seller's reasonable control including without limitation, an act of God, act of Buyer, embargo or other governmental actor authority regulation or request, fire, theft, accident, strike, slowdown, war, not, delay in transportation, inability to obtain necessary labor, materials or manufacturing facilities. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost by reason of delay. If shipping of progress of work is delayed or intenuptcd for any cause for which the Buyer is directly, or indirectly responsible, and additional costs (including storage costs) are incurred by the Seller due to such delays, the Buyer shall reimburse the Seller for such added costs plus reasonable profit thereon. 7. INSTALLATION. All equipment shall be installed by and at the expense of Buyer unless otherwise stipulated. Assistance in initial operation of certain equipment and instruction of operators may be given as normally required. Additional assistance requested by the Buyer shall be chargeable at standard rates plus living and travel expenses, unless otherwise stil tllated- 6. WARRANTIES. Seller warrants the equipment to be Tres from defects in material and workmanship for a period of one year after delivery by the Seller. If within such period any such equipment or parts shall be proved to Seller's satisfaction to be defective, such equipment or parts shall be repaired or replaced at the Seller's option, removal and installation to be at Buyer's expense. Seller's obligation hereunder shall be limited to such repair and replacement, P.O.B. its factory, and shall be conditioned upon Seller's receiving written notice of any alleged defect within ten (10) days after its discovery and, at Seller's option, return of such equipment or parts prepaid to its factory. This warranty shall not apply to equipment or parts which have been subjected to negligence, accident, damage by circumstances heyond Seller's reasonable control, or improper operation, maintenance or slotage, or modification by Buyer, The foregoing warranty shall be void and not apply if the equipment in question has not been fully protected by properly installed and coordinated voltage surge suppressors, current overload, and other current protective devices, These devices must be rated, set, and adjusted to protect the equipment in accordance with up-to-date commonly accepted industry standards and practices. Under no circumstances will Soller be responsible far damage in excess of the sale price to Buyer for lire goods and/or services for which damages are claimed. 1'HE FOREGOING WARRANTIES ARE IN LIEU OF ALL Oil-IER EXPRESS Oil IMPLIED WARRANTIES (EXCEPT 1I1Tl) INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILRY AND FI-LNESS FOR PURPOSE, AND STATES SELLER'S ENTIRE AND EXCLUSIVE LIABILITY AND BUYER'S EXCLUSIVE REMEDY. CONSEQUENITIAL. DAIAAGES. SELLER SHALL. NOT BE LIABLE FOR CONSEQUENTIAL, OR INCIDENTAL DAMAGES WHATSOEVER 9. PATENTS. Seller will Indemnify Buyer for alleged infringement of any patent relating to the equipment furnished by the Seller hereunder, provided such alleged infringement shall consist of the use of said equipment or parts thereof in Buyer's business for any of the purposes for which the same. wcio sold, and provided Buyer shall give to Seller immediate notice in writing of any such suit, Seller, within a reasonable time, will, at its own expense, replace such equipment with non -infringing equipment of remove the said enjoined equipment and refund the sums paid therefore. These provisions, however, shall not apply to any patented equipment or device or part specified by the Buyer. 10. SUBSTITUTES, CHANGES AND IMPROVEMENTS. Faclois beyond the Seller's control and the need for continuing improvernent of products may require changes in products from time to Time. The Seller reserves the right to make reasonable changes of products of any kind without notice, and to deliver revised designs or models of products against any order, unless the right is specifically waived in writing, The Seller shall have no responsibility whatever with respect to changes made by the manufacturer of products sold but not manufactured by the Seller, 11. RETURNS. Goods may not be returned for credit until and unless the Seller has given consent in writing to accept them. Materials not normally stocked by Seiler will not be accepted for credit allowance except at the Seller's option. Materials returned without Seller's approval will be credited at Seller's evaluation, A minin'unn 15 restocking charge, plus freight charge, will be imposed on the return of stock items when such returns are authorized by Seller,