HomeMy WebLinkAbout111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9143177Fort Collins
Date: 06/09/2014
PURCHASE ORDER
Vendor: 111572
WESTERN UNITED ELECTRIC SUPPLY
100 BROMLEY BUSINESS PKWY
BRIGHTON CO 80603
PO Number Page
9143177 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: UTILITY SERVICE CENTER - WA
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 06/09/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 T3000051; XMFMR
500 kVA; 480Y/277
T3000051
YARD
10 EA 10,830.3000 108,303.00
TRANSFORMER, 500 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: 480Y/277. SERIAL
NUMBER 051 TO BE IN ACCORDANCE WITH SPECIFICATION
#368-300-051, REVISION .
ASEA BROWN-BOVARI (ABB), PER SPEC; CENTRAL MOLONEY,
PER SPEC; CG POWER SYSTEMS, PER SPEC; COOPER POWER
SYSTEMS, PER SPEC; HOWARD INDUSTRIES, PER SPEC;
Howard Transformers Der Bid 7646.
Total
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
PO BOX 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt tram sure and local micro. Our Exemption Number is
11 NON WAIVER.
98-0,003. Federal Excise Tax Exemption Cenificas of Registry 84-6000581 is registered with the Collector of
Failure .f the Purchaser m insist upon strict Performantt of the It. and conditions here.[ failure m delay m
Internal Revenue, Denver, Colorado (per Colorado Revised Statutes 1923, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, fa horn to promptly notify the Seller in the event of a
Forgot, the accmmnce ofor payment for goods hereunder or approval orthe design, shall not eleac the Seller Of
Goods Rejated, GOODS RE3EC'I'ED due to failure to meet specifications, either when shipped or due to defects of
any of the wormarms or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
Purchaser 10 insist upon strict Performance hereof or any of its rights or remedies as to any such goods, regardless
instructions from she City of Fort Call ins.
of when shipped, received or worpe d, as to any prior or subsequent default hereunder, nor shall any purported
.or modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on anlval.
li e.f.
Final Acceptance. Receipt Of the merchandise, scovions An equipment in response to this order can result in
12.ASSIGNTIEMOFANTITRUSTCLAIMS.
authorised payment on the pan of the City of Fon Collins. However, n is to be mderstood that FINAL
Seller Had the Pumhmser recognise Char in actual isomit p—d, , memhargrs rauIrin, to.m -It.,
ACCEPTANCEis dependentuponrnmpletion ofallappliwblerrquit l impaction procdures.
sioltown, are in fact lame by roe Purchase, Therno6re for good niece and m consideration for emerging this
purchase oMe,, the Seller hereby assigns to the Purchaser any Had ell claims it may row have m hereafter
Tortilla Terms. Shipments most he F.O.D., City of Fon Collins, 20D Wood Sr. Fon Collins, CO 80522. unless
acquired under federal or state antitrust laws for such overeh.gm relating to the particular good or services
mherwise specified on this Order. Wpormssion is given to prepay (might and charge separately, fire original freight
p rmhased or acquired by the Purchaser pursuant to this pumbase order.
bil I must accompany invoice. Additional charges for packing will not be accepted.
Shipnant Distance. Where acralwirres have distributing points i s pots of the contrary, shipment is
expecled from the nearest distribution point in destination, and excess freight will be dducted from Invoice when
shipmenu arc made from greater distance.
Permits. Seller shall procure at sellers sole cat all necessary permits, cenifcatt and liceracs required by all
applicable laws, reeulatiuns, ordinances and rules of the stale, municipality, enitory or Political subdivision where
the work is performed, or required by any other duly watiuted public authority having jurisdiction over the work
of vendor. Seller Rather agrees 1. hold the City of Fon Collins harmless from rod against all liability and loss
incurred by them by reran of an armed or established violation of any such laws, populations, ortiwnces, cola
and requirements.
Authoriwtlon. All panic m this contract agree that the reps enmtives ere, in fan, It... title and Assess full and
Lnnfrom authority to bind said parties.
IMI IA'I PON OF TERMS. This Purchase Order expressly I Hiks ncaeppmce to the terms and tortuous stated
herein set forth and any s,,pplcmenlary or additional terms and emulitimrs annexed hereto or incorporated ficrein by
reference. Any additional or different terns Had o—hoon, proposd by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCIIASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date or noted. Time is of the eswnme Delivery and Performance mull be effected within the time
smlcd oa the ximl m, woo and the derwaracs rvchd hereto. No acts of the Franchisers including, without
limitmion, acceptance erratical late deliveries, shall operate as a waiver of this provision. in me event army delay,
the Purchaser shall have, in addition to other legal and exposable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages a a result of delays
due m causes not rnsowbly foreseeable which are beyond its reasonable control and without its fault of negligence,
such pacts of God, acts of civil mail Rary authorities, governmental priorities, fires, stakes, rood, epidamics, wars or
truss provided that Harter of the conditions causing such delay is given rr the Purchaser within five (5) days of the
time when the Seller first resolved knowledge thereof. In the event of any such delay, the date of delivery shall be
extendd for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants chat all goods, widu, materials and work owmad by this order will conform with applicable
drawings, specifications, samples wagon offer des.ipt.m given, will be fit for me purpmra intended, and
performed with the highest degree of cart and competence in accordance with accepted atatdanls for work of a
'mile nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may soft or incur on account of te n hSellers btch of wrm enty. The Seller shall replace, man it or make
good, without cost to the purchaser, any defects or f Its arising within one (1) year or within such longer permit of
limo as may be prescribed by Ina or by the to., of any applicable wanamy Provided by the Seller one'
'he date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfan
or detective work don or materials furnished by the Seller. Acceptance err use of Hands by she Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Seller
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing waromice
or guarantees, but such liability shall in no event include loss of profits or lass of us, NO IMPLIED WARRANTY
OR MF.RCHANTABILIT Y OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes m legal earn by warn change order.
5. CI IAN'GF.S IN COMMERCIAL PERMS.
no Purchaser may make any changes to the terms, other flume legal terms, including additions to or delelinns fire.
Ibe qui.1ilie, originally nrdned in the specifications or Horsing, by verbal or wroven change order. If any such
change affects the amount due Or the lime of pefomance hereunder, an equimblo rdjmimnl shall be mode.
6. TERMINATIONS.
The Purchastr ner, at any ti a by written change order, terminate this agreement as to any or
all portions of the
goods then not shipped, subject to my equitable Mjmtmmt between the Radius a to any workm materials then in
progress provided Thal the Pardoner shall not be liable for any claims for anticipated pmfits on the uaomidetd
pompon of the gods.Nor work, for iwidenul or wnsecluential damage, and Wt no such adjustment be made, in
favor of the Seller with respect to any goofs which in, fire Sellers sundial stock. No such termination shall relieve
the Purchaser or the Seiler ofary of their obligations as to any goods delivered heeuder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be nssmed within thirty (30) days from the date the change or ermnation Is
ordered.
8. COMPLIANCE WITH LAW.
'Ihe Sell,, warrants that all go As sold hereunder shill have been produced, sold, delivered and famished in wrist
compliance with all applicable laws and regulations to which the good art subject. The Seller shall execute and
deliver such documents c may be required to effect or evidence compliance. All laws and regulations required tp be
ncorpamed in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold fare Purchaser Formless from all cases and damages suffered by fire Plumhawr He a.salt of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, tmteri or convey this order, or any monies due or to become due hereunder without life
prior admen commit ofthe other puny.
10. TITLE.
T he Seller warrants full, clear and unrestricted title to the Purchaser for al I equipmrnr, materials, and items fumishd
in performance of this agreement, free and clew of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
babe Purchaser daras the Seller to wnwt nonconforming of deferpoe goods by a date to be ugraed upon by the
Purchaser and the Seller, and she Seller flherearer indicates its inability or unwillingness to emnply, the Purchaser
may cause the work to he performed by the most expeditious means available to it, and the Seller shall pay all
cos. asaiated with such work.
The Seller shall release the Pumhwu and its contractors of any tier from all liability and claims of any nature
resulting from fire performance of such work.
This release shall apply even in the meat of fault of negligence of the party released and ahall extend to the
directors, officers and niployees.f inch party.
The Seller's cummenml obligations, including warmhty, shall not he domed an be replaced, in any way, because
such work is performed or owsed to be perfnned by the Pomhcer.
IT PATENTS.
Wbenev. the Seller is required muse pay design, device, material or process covered by letter, paten, trademark
ropyriSh, the Seller shall indemnify and save harmless the Pfachaer from any and all claims for infringement
by eaxon of the use of such premed chosen, device, material or process in contraction with the commit. and
shall indemnify the Purchaser for any cos, expense or damage which it may be obliged to Pay by mason of such
infringement at any time during the prosecution or area the completion of the weak. In caw said ryuipmn, or
any port thereof or the intended use of the good, is in such suit held to constitute infringement and the me of
said equipment or pan is mjoind, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, Herniae the same with substantially equal but
noninfnagm, equipment, or modify it so it l aomes n rrinfnnging.
15. INSOLVENCY.
If the Seller shall became insolvent orb all make an assignment for the benefit of creditors, appoint a
recriver or costae for any of the Sellers property or business, this order may fonhwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The defniam-cifferms usdor the Inma,m ictr oftheagreement and the rights ofail p ire hemunder,halld
consumed under and governed by the laws ofthe Spite.fColomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to pert work hereunder,
including the services of Sellers Represenotive(,k on the premises of orders.
12. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own task ..,if the same is fully wmpleled and accepted, and shall,
in e of any accident, destruction or injury to the work wNor mrenals before Sellers final completion and
winnower, complete she work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment arc famished by others for insmllation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible fheefa ns though such materials amUor equipment
were being famished by the Seller coder the order.
18, INSURANCE.
The Seller shall, al his own expense, provide for the payment of workers ownpecouration, including acupatiowl
disease benefits, to its employees employed on or in connection with fine 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 be done. The Seller
shall also carry comprehensive general liability including, but not limited to, cotnmetwl and automobile public
liability o-o nee wi h bodily injury and dcalh limit, of at least $300,000 for any one person, $500000 for any
accident and property damage limit per accidem of S400,000. The l
Seller shall likewise permit, his
o�trtion-, if any, to Prmide fro h w such and insurance. Before any of the Sellers ortra his conctors
employees shall du any work upon the premises of others, the Seller shall Hanish me Purchaser with a certificate
that such compensation and insurance have been provided Such c nitrates shall specify the date when such
compensation and insurance have been provided Such certificates shall specify the date when such compensation
and Harmnec expires. no Seller agrees Nat such compemrion and imumnce shall he prear mined until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby asmmas the entire responsibility and liability for my and all damage, has or injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided far in
this purchase order or in connection herewith. The Seller will indemnify and bold hamless the Producer and any
or all of the Pund acm officers and employees from end against any Had all claims, losses, damages,
charges or expenses, whether direct or indirect, Had whether to persons or property to which the Purchaser may
be put or subject by reason of any net, scrip., neglect, omission err defaull on the an of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
Recording, shall be brought against the Purchaser, or its of iecau, agents or employees at any time On account or
by reason of coy ace action, neglect, omission or default of the Seller of coy of his commetars or any twits or
their officers, agents or employees As aforesaid, the Sell. herby egret to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any Had all m,ts, cl argt, attorneys fees and Ar m, expenses,
any and if judgmwts that may IK inemml by or obtaind against der Purchaser en any of ire or their officers.
agents or employees in such suits of other pracedings, and in case judgment an other lien be placed upon or
obtained against the property of the Purchaser, or said panics in At as a result of.Hh suits or other proeedr,s,
the Seller will at once cause the same to be dissolved cod dischargd by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and in i all guard naesury for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulrimss issue pursuwt therm..
Revised 03I2010