HomeMy WebLinkAbout111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9120334PURCHASE ORDER PO Number Page
City Of 9120334 t of z
`t Collins This number must appear
on all invoices, packing
slips and labels.
Date: 01/23/2012
Vendor: 111572
WESTERN UNITED ELECTRIC SUPPLY
100 BROMLEY BUSINESS PKWY
BRIGHTON Colorado 80603
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
10kVA OH XFMER
T1000111
T1000111
YARD
TRANSFORMER, 10 kVA OVERHEAD
TYPE SINGLE PHASE DISTRIBUTION,
HIGH VOLTAGE RATING: 13200 GRDY/7620.
LOW VOLTAGE RATING: 120/240. SERIAL
NUMBER 111 TO BE IN ACCORDANCE WITH
SPECIFICATION #368-100-111,
REVISION K
MFR. - GE
GUARANTEED NO LOAD LOSS -37
GUARANTEED FULL LOAD LOSS - 139
GUARANTEED TOTAL LOAD LOSS - 176
IMPEDANCE 1.5%
ESCALATION IS NOT APPLICABLE
DELIVERY: 6 WEEKS
Ra� Q. o,nk:-g-ems
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
15 EA 762.0000 11,430.00
Total
Invoice Address:
11
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Ordcr Terms and Conditions
Page 2 of 2
1. COMMERCIALDFTAILS.
Tax exemptions, By stanom the City of Fort Call ins is exempt from state and local taxes. Our Exemption Number is
9R-07502. Federal Excise Tax Exemption Ccnificate of Registry 84-6000587 is registered with the Collector of
I amoral Revenue. Denver. Cnlomdo (Rcf. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to now specifications, either when shipped or due to defects of
damage in transit, may be occurred to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Fon Collins.
Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict perfamomcc ofthe terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of n
breach. the acceptance ofor payment for good hereunder for approval ofthe design, shall not release the Seller of
any of the warmntics or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hereoforany of its rights or remedies as to any such goods, meardlem
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oml modification or rescission of this purchase order by the Purchomr opcente as a waiver of any of the tents
hereof.
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 pan of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economicpractice, overcharges resulting from animist
ACCEPTANCE is dependent upon completion ofnll applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purehaser 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 80522. unless acquired under federal or state antitntst laws for such overcharges relating to the particular good 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 parking will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacromm have distributing points in various parts of the country. shipment is If the Purchaser directs the Seller to correct nonconforming or defective goads 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 Purchnscr and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made From greater distance. may cruse the work to be performed by the most expeditions means available to it, and the Seller .shall pay all
costs associated with such work.
Permits. Seller shall posture 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 firm and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws. regulations, ordinances, rules
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 set forth and any supplementary or additional tans and conditions annexed hereto or incorporated herein by
rcfcreme. Any additional or different tells and conditions proposed by idler are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as pored. Time is ofthe cscnec. Deivcry and pafomuaucc must be effected within the time
stated on the purchase order and the documents attached hvdo. No acts of the Purchasers including, without
limitation, acceptance of peniel late deliveries, shall operate as a waiver ofthis provision. In the event of any delay,
the Purchaser shall have, in addition to other 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 damages as a result of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligcnce.
such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes. flood, epidemics, mars or
riots provided that notice of the conditions causing such dclav is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any Bach delay, the date of dclivery shall be
extended for the period equal to the time actually lost by reason ofthc delay.
3.WARRANTY.
The Seller wamnts that all goods articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and
performed with the highest degree of cam and competence in accordance with accepted stnndanis for wok of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser. any defeds 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 wamnry provided by the Seller after the date of
acceptance ofthe gads famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done m 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 of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal tells by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from
the quantidc, originally ardcred in the s,se fication, or do wergo;, by vernal or written change order. If any such
change affects the amount due or the time ofperfomonce hereunder, an equitable adjustment shall he made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
gads then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
pnrgress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion ofthe gads 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 tern inztion shall relieve
the Purchaser or the Seller of any ofthcir obligations as to any grads delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asswed within thirty (30) days from the date the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller wamnts that all good sold hereunder shall have been produced, sold, delivered and furnished in stria
compliance with all applicable laws and regulations to which the goods arc subject. The Scllcr shall execute and
deliver such documents as maybe required to effect 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 harmless from 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 due hereunder without the
prior written consent of the other party.
III. TITLE.
The Seller wamnts full, clear and unrestricted title to the Puchuner for all equipment, materials, and items fumishcd
in performance of this agreement, free and clear of any and all liens restrictions, reservations, security interest
cncumbirri and claim, of others.
The Seller shall release the Purchaser and its contractors of any fist form all liability and claims of any nature
resulting from the perfommnce of such 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 ofsuch puny.
The Seller's contractual obligations, including wamnry, shall not he deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser,
14, PATENTS.
Whenever the Seller is required to axe any design, device, material or process covered by letter, patent, trademark
or copyright. the Seller shall indemnify and save harmless the Porehaur fmm any and all claims for infringement
by reason of the use of such patented design, device, material or pmeess in connection with the comma, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch
infringement at any time during the prosecution or after the completion of the work. In ease said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment on 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 equipment or parts, replace the same with substantially equal but
noninfringing equipment. or modify it sn it becomes anninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or hankmpt, 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 oftcros used or the interpretation ofthe agreement and the rights off]] panics hereunder shall be
cnnstmed under sad governed by the laws of the State of Cnlomdn, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder.
including the services of Sellers Represcrantive(s), on the premises ofolhers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry no said work at Seller, 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 Seller's 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, unload,
store and handle same at the site and become restmosiblc therefor as though such materials and/or equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Scllcr shall. at his own expense. provide for the payment of.efla,ts 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 he done The Scllcr
shall also entry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of ai least $300,000 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 for such compensation and insurance. Before any ofthe Sellers or his contractors
employees shall do any work upon the Premises ofethers. the Scllcr shall fumish the Purchaser with a cenificam
that such compensation and insurance have been provided. Such ccnificatcs shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify fhe date when such compensation
and 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 of any kind
or nature whntswever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hamdcss the Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, loses. damages.
charges or expenses, whether direct or indirect. and whether to persons or pmper y to which the Purchaser may
be put or subject by reason of any act. union, neglect. omission ar default oa the part of the Scllcr, any of his
contractors, or any of the Sellers or contractors officers, agents or employees In ease any suit or other
proceedings shall be brought against the Purchaser, or its oRcers, 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 oRecrs., agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the saute at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incumd 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
obtained against the property ofthe Purchaser, or said panics in or as a result of such suits or other proceedings.
the Seller will a1 once cause the same to be dissolved and discharged by giving bond or othemise. The Seller and
his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of
accidents, comply with all Imes and regulations with regard to safety, including, but without limitation, the
Occupational Safety and Health Act of 1970 and all n lcs and regulations issued pursuant therein.
Revised 0312010