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HomeMy WebLinkAbout111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9133774 (2)Fort Collins Date: 07118/2013 Vendor: 102795 WESCO DISTRIBUTION INC 11333 E 55TH AVE UNIT A DENVER Colorado 80239-2029 PURCHASE ORDER PO Number Page 9133774 loft 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: 07/18/2013 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 67598014; SWITCH 6 EA 15,268.3000 14.4kV PAD, AIR INSULATE 67598 SWITCH, PADMOUNT, 14.4KV, AIR INSULATED, 3-PHASE, DEADFRONT, ELBOW -CONNECTED ENCASED COMPONENTS. TWO 600A SWITCHED WAYS & TWO 200A FUSED WAYS. SWITCH SHALL BE SHIPPED WITH SIX SME-20 FUSE END FITTINGS S&C ELECTRIC, 3093 (End Fittings); S&C ELECTRIC, 65152R1 (switch); Total .1• :1 ' Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul / City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com / Fort Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax eximptio.a. By statute the City of For Collins is exempt from stare and local taxes. Our Exemption Number is 11. NONWAIVER. 98-LL1502. Federal Excise [.Is Exemption Cer fleme of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to unist upon strict performance of the terms and conditions hereof, failure or delay m Interval Revenuer, Denver, Colorado (Reis Colorado Revised Sutures 1973, Chapter 39-26, Ili lady exercise any rights of remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or Payment for goods hereunder or approval of the design, dull not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to de@et of any of the warranties or obligations of this purcbom order and shall not be deemed a waive of any right of the damage in transit, may be returned to you for credit and are not to be replied except upon receipt of winner purchaser or insist upon strict performance hereafter any of its rights or remedies as to any such grads, regardless instructions from the City error Collins. of when shipped, commed or accepted, as to any prior or subsequent default hcmunder, nor shall any performed oral modification or rescission of this purchase order by the Producer operate res a waiver of any of the term Inspection. GOODS art subject to the City airport Collins inspection on amval. harmer. Final Aecepunee. Receipt of be m orbandise. srn ponse or equipment in resto this order can result it 12. ASSIGNMENT OF ANTITRUST CLAIMS. maintained payment on the pan of the City of Foe Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognise that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection pmcedurn. violations are in fact home by the Purchaser. T scoreforsnf'oor good cause and as consideration for a—boure this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may new have or hereafter Freight Terms. Shipments must be F.O.B., City of For Collins, 900 Wood St., Too Collins, CO 80522, nnlesv acquired under Legend or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified ,a this order.Ifpenne,ion is given to prepay freight and charge informaly, the original freight purchased or acquired by the Purchaser punuant to this purchase cover. bit must accompany invoice. Additional charges for packing will net be accepted. 13. PURCI IASF.RS PERFORMANCE OF SELLERS OR LIGAI'IONS. Shipment Disumco Where mbabOrrers have distributing points in varims parts of the caned, shipmmtt is Ifihe Pnahaserdirmnifte Seller to correct nonconforming or defective goods by v date to magreed morel the expected trait the nearest distribution point to destination, and excess fright will be deducted from Invoice when Pumhvserandthe Selle,and the Seller thercoRerindicates its inability or cons ill ingress to eomply, the Purchaser shipments are made front greater distance. may canne the work to be performed by the ,vast expedidnns memo available to it, and the Seller shall pay all casts associated with such woo_ Pennies. Seller shu11 proane at sellers sole coal all n,cecnry permits, vindicates omd livenaes required by all applicable laws, regulations, andnamas and mles of the state. rouniembliry. mramry err palldem stmdivikine when the work is pertbrtted. or rcgnl red by any other duly constituted public aathoriry having jurisdiction over the work of vend.,. Seller further agrees m hold the City of Far Collins harmless from and vgm i all liability and loss occurred by them by reason ol'.n msened or established violation of any such Inws, regulations, references, rules and rmuhemenu. Authorization. All games to this contract agree that the representatives are, in face, bona fide and possess full and ,complete uuthc riry a bind said parr-. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the mans and conditions stated herein set fed and any supplemmdary or additional terms and conditions mormsed human or incoryarmed herein by reference. Any additional or different across and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you caicut make complete shipment to active on your promised delivery dom as noted. Time is of the essence. Delivery and perfor ante must be effected within the time stated on the purchase order and the document attached hereto. No acts of the Purchasers including, without Iimitnioa, acceptance uppercut late deliveries shall operate as a waiver of this provision. In the ,at army delay, the Purchaser shall have, in addition I. other, legal and equitable remedies, the option offacing this order elsewhere and holding the Seller liable for damages. Howevn, the Seller shall not be liable for damages as a result of delays due to causes not reambably foreseeable which are beyond its reasonable control and without its fault of negligence, such act of Gird, act of civil or of limry authorities, govemmenml pbodvies, fires, strikes, tlood, epidemics, wars or riots provided that notice of the conditions causing such delay is given m the Purchaser within live (5) days of the time when the Seller first received knowledge thereof In the evens of any such delay, the date of delivery shall be extended fin the period equal Ice the time actually lost by reason of the delay. 3. WARRANTY. The Seller wrmme, 11hat of goads, ankles, nmmtivls and work covered by his order wall conlorm with applicable drawings, slvrcitinnions, xannplis mnNor other descriptions given will be fit for the purposes intended, end perfom,ed whh the hlghaa degree of rare send competence in acconfanee with accepted sundunk lot work of a miler nature. The Seller agrees to hold he p..h,se, lurmless from any loss, damage in expmtw which the Purchaser may suffer account of the Sellers breach ofwarrenty.,The Seller shall replace. repair hake grand, action, test to the purchaser any defect o, faults arising within one (I I year awithin such longer period of time as may be prescribed by law or by the term of any applicable wareanry provided by the Seller alter the dale of cceptance of the goods famished hereunder beep'aece ..I an be mumsombly delayed), reading lions imperfect or defective work done or materials famished by He Scller,. Acceptance or use of goods by he Purchaser shall not constitute a waiver of any claim under this wvrardy. Except as otherwise provided in 'his purchase oWar, the Sellers liability hercunder shall extend to all damages proximately caused by the breach of any of the foregoing isarmmas err 6uemntes. bur such liability shall in no event include loss of pu t or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILD'Y OR OF FITNESS FOR PURPOSE SHALL APPLY. q. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal teens by wrinen change order. 5. CHANG ES IN COMMERCIAL TERMS. The Puehaser may make any changes to the terns, other Han legal toms, including additions to or deletions from the quantities originally ordered in the specificaions or drawings, by vactbal or women change order. IIany such change a@tab the amount due or the time of performance hereunder, an equitable vljus'mem shall be made. 6. TERMINATIONS. The Purchaser may at Imy time by written change oNer, remtire.re this agreement as many or all safim, of the good, then no' shipped, subject to any egmouble adjuutmem between the parties res m any work or mamnals then in progress provided that the Purchaser shall not be liable for any claims for anticipated profit on the a to mplcted ,carrier of the giod6' and/or work, to, indented tar cuase,muctu l do.,., and the, na such vdjcommat be made in 'hvermf the Seller with respect to any goods which are the Sellers standard stock. No such tumuration shall relieve the Purchaser or the Seller of :my of their obligations c to any goods delivered hereunder. ).CLAIMS FOR ADJUSI'MEN '1'. Any clan fill adjasmcal must he asserted within thirty (30) days from the dam the change or hermmation is ordered. K. COMPLIANCE WITH LAW. The Seller warrants fat .1I goods sold hereunder shall have been produced, sold, delivered and frmislud in strict compliance with all applicable laws and regulations to which the goods are subjen.'Ihe Seller shut 1 execute and deliver such doaammt as may he required to eBhd o, evidence compliance. All laws and regulations required as be incorporated in agreements of this character are hereby incorporated Brain by this reference The Seller agrees to indemnify and hold the Purchaser harmless from all cost and damages suffered by the purchaser as a result of the Sellers failure to comply with such low. 9. ASSIGNMENT. ,Neither tarty shall assign, number, or convey this enter, or any marries due or to become due hercunder without the prior written consent of the other party. Ill. TITLE. The Seller warrants full. clear and unrestricted title to the Purchaser for all equipment, materials, and item famished in performance of His agreement, firm and clear of any and all liens, murmurs, raenm6ns, security tape. encumbrances and claims f.then. The Senor ahau relieve the ['.,chase, red its c churnmrs.lo any net Ihnn aIt liability send claims of env mauve resulting from the perrimeo ce nfsuch work. '[his release shall apply even in the event of fault of negligcntt of the pan, released and shall extend or the directors, officers and employees of stub parry. The Seller ontactual obligations, including w nanty, shall at be devoted to be reduced, in any way, because such work is performed or caused to be perforated by the Purchaser. tar PATENTS. Whenever the Seller is required to use any design, device, material or provess restated by letter, potent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for reunification byby reason of the use 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 of such inGngement in any time during the preservation or after the completion of the work. In cam said equipment, or any pan thereof or the intended use of the gags, is in such suit held to constitute management and rue use of said equipment or pan in enjoined, the Seller shall, at its awn evpense and at its option, either power, for the Paramour the right to continue using said equipment or pans, replace the same with substantially equal bur marmonging equipment, or modify it so it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent in hankmpL make an assignment for the benefr of credfior,, appoint u receiver or bases, for any of the Sellers progeny or business, this order may firnhwith be canceled by 'he Purchaser as ithom liability. 16. GOVERNING LAW. 'Ihe definitions ofterms used or the Iatr panic n of he agreement and the right of all panics hereunde, shall be onsemed under and gmc ids by the laws of the Stun of Colorado, USA. The following Additional Conditions rpply only in cases where the Soler Is 10 perform work hereunder, including the services of Sellers Represenmeive(s),tart the premises afothers 17. SELLERS RESPONSIBILITY. The Seller shall cony on said work al Seller's awn risk until the same is fully completed and accepted, and shall, in use of any accident destruction or injury to the work maker materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When ma'e ials and eq.ip.,nt are famished by others fur Installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible themfor as though such materials and'or equipment were beirg famished by the Seller under the order. I B. INSURANCE. The Seller shall, at cis own expense, provide for the payment of workers compensation, including occupational disease benefit, m it employees employed on or in connection with the work emi aed by this purchase made, andor to their dependent in accordance with the laws of the sure in which the work is to be done. The Seller shall also cart, comprehensive general liability including, but not limited to, comractuvl and automobile public liability assurance with bodily injury and death limits of at least 5300,000 for any one period, 5500.000 for any are evident and property damage limit per, accident of S900,001 The Seller shall likewise mluire his contractors, if any, to provide for such compensation and ins m e. Before any of the Sellers or his ntrmr cs employees shall do any work upon the premises of mhen, she Seller shall famish the Purchaser with a oncefica e that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cerificates shall specify the dam when such compensation and insurance expires. The Seller agrees that such esnrpensauon and imaranee shall be maintained until emer He emir weak is enrolleed and ma,,av 1. 19, PROTECTION AGAMST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility rod liability tin any and all damage, loss or injury of any kind or nature whatsoever to persans or property caused by err resulting form the execution of the work provided fir in this purchase aide, or in connection herewith The Scher will indemnity and hold harmless flue Purchaser and any r all of the Purchasers effects, agent and employees from and against any and all claims, fusses, damages, charges or expenses, whether dared or indirect, and whether to persons orpropeny In which the Purchaser may be put or subject by reason of any net, action, neglect amoi.n or default an the par of the Seller, any of his commcton, or any of the Setters or connections spleens, agents or employees. In carey suit or other proeeedings shall be brought against the Purchaser, or it onicen, agents or emplortts or any antime on eacount or by mused of any act, action, neglect, omission or default of the Seller of any of his cou acmes or any of,,, or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and an defend the same in the Sellers own expense, to pay any and all cost, charges, auomrys fees and other expenses, any and all jaul ents that may be inverted by or obuincvl against the Purchaser at me of its or their officers, agents or employees H such suit or other precedents, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or laid parties in or as a result of such suits or other proceedings, the Seller will al come cause rue same m be dissohed and discharged by giving bond or oNervise. The Seller and his con,rdctors shall take all safery precautions, famish and install all guards necessary for the pmention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupant on.I Safety and Health Am of 1970 and all roles and regulations issued punuant th vim Revised 031200)