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HomeMy WebLinkAbout111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9122540City of Fort Collins PURCHASE ORDER Date: 05/01/2012 Vendor: 111572 WESTERN UNITED ELECTRIC SUPPLY 100 BROMLEY BUSINESS PKWY BRIGHTON Colorado 80603 PO Number Page 9122540 1of2 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: 05/01/2012 Buyer: OPAL DICK N ote: Line Description Quantity UOM Unit Price Extended Ordered Price 1 T3000030; XFMER 300kVA 3 PHASE PAD T3000030 YARD 10 EA 9,254.0000 92,540.00 TRANSFORMER, 300 kVA PAD -MOUNTED COMPARTMENTAL TYPE, THREE PHASE DISTRIBUTION WITH SEPARABLE INSULATED LOAD BREAK HIGH VOLTAGE CONNECTORS. HIGH VOLTAGE RATING: 13200 GRDY/7620. LOW VOLTAGE RATING: 208Y/120. SERIAL NUMBER 030 TO BE IN ACCORDANCE WITH SPECIFICATION #368-300-030, REVISION MM Mfr. Howard Delivery: 6-8 weeks Guaranteed No Load Loss - 209 Guaranteed Full Load Loss - 807 Guaranteed Total Load Loss - 1016 Impedance 2.1% Escalation is not applicable (order placed within 30 days) HL-1340 Bid #7225 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: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Temts and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from .crate and local moos. Our Exemption Nnntbe, is 11. NONWAIVER. 9R-04502. Fcdcrel 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 hereof Failure or delay In Internal Revenue Denver Colorado (Ref Colorado Revised Strudes 1973, Chapter 39 26, 114 (.a). exercise any rights err remedies provided herein or by law, failure In promptly notify the Seller in the event of a bmnch. the acceptance ofer payment for goods hereunder or approval of the design. shall not release the Seller of Goods Rejected. GOODS RFJr:CT'ED due to failure to meet specificuums. either when shipped or clue to defects of any of the warn rates or obligations of this purchase order and shall not he deemed a waiver crane right of the damage in transit. may be mummer to you for credit and arc not to be replaced except ugnt receipt of written purchaser to insist neon strict performance hemel"o... y of its rights or remedies is to any such goods, regardless instruction, fmm the Citvof Fon Collins. of when shipped, received or accept,,[. as in any prior or subsequent default heretmder, nor shall any purported Oral modification Or rescission of this purchase enter by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of The merchandise, services Or equipment in response to this order can result in 12. ASSIGNMENTOF ANTITRUST CLAIMS. authorized payment on the pan of the City of Tom Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependenl open completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for esecaling this p rchasc unlea. IhC Seller hereby assigns to the Purchaser any and all shams it may new have or hermOcr Freight Terms. Shipmcnls must he ICO.II.. City of Tom Collins. 700 Wood St„ Top Collins, CO 90522, unless acquired under federal or state amiam,t Imes for such overcharges relating to the parlicular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OP SELLERS OBLIGATIONS. Shipment Distance. Where manufacmrcrs have distributing points in various pans of the country, shipment is Ifthe Parchamrtlioccs the Sellertocorrect nonconfnmingordefirice goods by a date tehe agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Puchaser and the Seller, and the SCIICa thereafter indicates its inability or unwillingne,, to comply. the Purchaser shipments ore made fmm greder distance. may cause the work to be performed by The most expeditious means available to it, and the Seller shall pay all vests rssnciutcd with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, ecnificates 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 seer the work of vendor. Seller hrnhcr agrees to hold the City of Too Collins harmless fmm and against all liability and Ins, incurred by them by reason of an asserted or established violation of any such Imes, regelf lens, onlinnnecs, mlcs and requirements. Andmorrution. All panic, to this contract agree that the representatives are, in fact, bona tide and possess full and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order exp¢.ssh, limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional term and conditions xnncxcd hereto or incorporated herein by reference Any additional or different terms and conditions Imposed by sclicrarc 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 noted. Time is ofthe essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereon. No acts of the Purchasers including, without limitation, rec,ptance ofmotod Ime deliveries. shall operate as a waiver olilik provision. In the even[ 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 damngcs. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably fnresemble which are beyond its reasonable compel and without its fault of negligence, such acts ofGM, act, ofci,il or military authorities, governmental priorities finis, strikes, Rood, epidemics, oars or riots provided that notice of the conditions erasing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received knowledge thereof. In the event of any such delay. the lots of delivery shall be extended for the period equal to the time actually lost by reason afthe delay. 3. WARRANTY. The Seller marrant, that all goal, articles, materials and work covered by this order will conform with applicable drawings, specification. samples and/or Other descriptions given, will be fit for the rymposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work 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 ofthe Sellers breach of wamnty. The Seller shall replace, repair or make good, withent cost to the purehasca 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 tans ofany applicable warranty provided by the Seller ancr the date of acceptance ofthe goods furnished hereunder (acceptance not to be unrcasonablw delayed). resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of grads by the Purchaser shall not constitute a'aisvr ofany claim under this warranty. Except as otherwise provided in this purchase order, the Seiler, liability hereunder shall extend to all damages prosimately caused by the breach of any of the foregoing warranties or guarantees, but such liability .shall in an event include IOc ofpmftt or loss of use. NO IMPLIED WARRANTY OR b1ERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by'rule. change Order. 5. CIIANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions In or deletions font the quantities originally malcmd is the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time Ofperfomance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by syrinen chance order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parries as to any work on materials then in pmgres.s provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted ponion ofthe goods and/of work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect many goods which arc the Scllcr, xtamFud stuck. NO such tcrminalim, shall relieve the Purchaser or the Seller of any of their Obligation, as to any goods delivered hereunder, 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wamnty that all goods sold hereunder shall have been produced, sold. delivered and furnished in strict compliance with all applicable laws and rcgulations to which the goods ore subject. The Scllcr shall execute and deliver such documents a may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser brimless from all costs and damages <Offered by the Purchaser is a recall of the Sellers failure In comply wilh such Irv. 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 ofthe other parry. 10. TITLE. The Seller wnmat, fall, clear and anrestiieted title to the Purchaser for all equipment, materials. and items furnished in performance of this agreement free and clear of any and ill liens, restrictions, rescrvafions, security interest encumbrances and claims ofolhers. The Seller shall release the Purchaser and its contractors of any tier firma all liability and claims array nature resulting front the performance ofsech work. This release .droll apply even in the went of fault of negligence of the party released and shall cstcnd to the directors, olfiemS and employees of such party. The Seller's euntrnetnol obligations. including w mm inty, shall not be deemed to he reduced, in any sway, hecause such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and sate harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indcontify due Purchaser for any cost. expense err damage which it may be obliged to pay by reason of such infringement m any time during the prosecution or after the completion of the work. In case said cquipncnt. Or any part Thetcof or the intended use of the grinds, is in such sail held to consrtmc infringement and the use of said cquipntcnt Or pan is enjoined. the Seller shall, at its own expense mud it its option, either procure for the Pereluscr life right to continue using said equipment ar parts, replw, the same with stdslartially canal hot naninfringing equipment, or nindify it se it becomes noninfringing. 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 Scllem property or business this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of Icrnis used or the interpretation ofthe agreement and the rights ofmll panics Immora cr shall be construed under and governed by the lams of the State of Colondo, USA.s The following Additional Condition,, apply only in cases where the Seller is to perform nark hereunder, including the services of Sellers Representmlve(s), ran the premise, efolhers. 1 7. SELLERS RESPONSIBILITY. The Seller shall carry on slid work at Seller'a own risk until the same is fully completed and accepted, and shall. in case of any accident, destruction Or injury to the work matter materials before Seller's final completion and acceptance, complete the work as Seller's Own expense and to the satisfaction of the Purchaser. When materials and equipment arc 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, IS. INSURANCE;, The Seller shall, it his own expense. provide for the payment of workers compensation. including Oecopdional disease benefias, to its employees entplowd on or in connection with the work covered by this purchase order. and/or In their dependents in accordance with the Imes of the state in which the work is In be deny, The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance unh bodily injury and dcmh limits of rat Irnst S3oo,tpo 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 commaars, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the pranises ofethem. the Seller shall famish the Purchaser with a eenificmc that such compensation and insurance have been provided. Such certificates shall specify the date when .such compensation and insurance have been provided Such ecnificates shall specify the date when such enmpensmion and insurance expires. The Seller agrees that such cnetp,n$dlon .and insurance shall be maintained until after die entire work is completed and aecepted. 19. PROTECTION AGAINST ACCIDEN'I:S AND DAMAGES. Tbc Seller hcrchy asumcc the entire re,pon,ibility .and liability for any and all dnnage, loss or injury ofmry kind of nature oleaseevcr to persons or property enusctl by or resulting from the execution ofthe work Two ded 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; form and against any and all claims, losses. damages. charges or expenses. whether direct or indirect. and whether to persons or property on which the Purchaser may be pot or snhject by reason of any act, action, neglect emission or default on the pan Of the Scllcr, any of his contractor,, Or any of the Sellers or enntrietnrs offmcm agents or employees In case any suit or other Proceedings shall be bought against the Purchaser, or its officers, agents or employees at any lime on account err by reason of any net. action, reflect, omission of default of the Seller of any of his contractors or any of in or their effects. agents Or employees as nfomsoid, the Seller hereby agrees to astatine the defense thereof and on defend the some to life Sellers own expense, In pay any and all costs, charges alu meys fees 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 suits or other proceedings, and in case judgment Or other tier be placed upon or obtained against the property of the Purchaser. Or Said parties in or as a result Ofsamh suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond oroahervise. l'he Seller and his canimetoas ,hall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, bat oilhout limitation, the Occupational Sifety and Health Act of 1970 and all ales and regulations issued pursuant thereto. Revised 0312010