HomeMy WebLinkAbout111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9143750Fort Collins
Date: 07/02/2014
PURCHASE ORDER
Vendor: 111572
WESTERN UNITED ELECTRIC SUPPLY
100 BROMLEY BUSINESS PKWY
BRIGHTON CO 80603
PO Number Page
9143750 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: 07/01/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
300 KVA TRANSFORMER 15 EA 8,314.0000 124,710.00
T3000030
7653 300kVA TRANSFORMERS
T3000030
YARD
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
ASEA BROWN-BOVARI (ABB), PER SPEC;
CENTRAL MOLONEY, PER SPEC;
CG POWER SYSTEMS, PER SPEC;
COOPER POWER, PER SPEC;
HOWARD INDUSTRIES, PER SPEC;
Purchasing Howard/CG Power Systems transformers.
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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptionsfly statute the City of Fan Collins is exempt from state and local uses. Our Exemption Number is
98-04502. Federal Excise Tax Estimate. Cenificme of Registry 84-6000587 is registered with the Collector of
In,emal Reveram. Diver, Colorado (Ref. Colorado Revised Suites 1973, Chapter 39-26, 114 pd.
Goods Rejected, GOODS REJECTED due to failure to meet specifications, either wlmn shipped or due to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Fon Collins.
ho pleic n. GOODS are subject to the City of Fort Collins inspection oa radical.
Final Acceptance. Receipt of the memhmdiw, services or equipment in response to this under am result in
enthusired payment on the Port of the City of Fort Collins. However, it is to be understood slut FINAL
ACCEPTANCE is dependent upon completion of all applicable requited inspection praedma.
Freight Terms. Shipments must be TOM, City of Fort Collins, 700 Woad St., Port Collins, CO 80522, unless
otherwise s ar,fled on this oiler. If permission is firm to prepay fight and charge separately, flat original bright
bill must accompany invoice. Additional charges for packing will not be, accepted.
Shipment Distance. When manufacturers haw distributing points in variom pans of the cou d , shipment is
expected film the nmreft disttibution Point a destination, and excess freight will he deducted fmm Invoice whim
shipmenu art made from greater distance.
Permits Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all
applicable laws, regulromm, ordinances rind rules of the sum, municipality, aerator, m political subdivision where
the work is performed, or required by any other duly comrimmd public ruffianly having jurisdiction over she work
of vendor. Seller rwber agrees to hold the City of Fort Collins harmlms from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such taws, regulations, industries, ones
and rryniremenu.
Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess fall and
complete authority to bind said parties.
LIMITATION Or TERMS. This Purchase Ord,, expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different lams and conditions preposed by seller are objected to and haeby rejated.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you carrot make couple l shipment to move on your
promised delivery d to as noted. Time is of ahe essence. Delivery and performance must be effected within the time
stated on the purelume code, and ma documents attached hereto. No acts of the Purchases including, without
limitmicn, acceptance oFpcoial late deliveries, shall operate as a waiver of this provision. In the event army delay,
the Purchaser shall have, in addition to offer legal and equitable remedies, the option ofpIwwg this order elsewhere
and holding the Seller liable far d raga. Ho..re, the Seller shall tat be liable far damages as is much of ilelayz
due to ounces not reasonably foreseeable which are beyond its reawvable central and without its fault of negligence,
such no of God, ass of civil or military amhontlw, govermnenul pnorllies, Gres, sinkers, faced, epidemics, wars o
no. provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of ghe
time when me Seller first received knowledge thereof In the event of any such delay, me date of delivery shall be
extended for the paned equal In the lime actually lost by reason of the delay.
3. WARRANTY.
The Sella warms that all finds, articles, ^annals and work covered by this oNer will conform with a,I.bll
draysme,s, specifcatiom, samples msFw other descriptions given, will be fit for me puryosals intended, and
performed with the highest degree of cam and competence in accordance with accepted standards for work of a
similar name. The Seller agrees to hold me purchaser harmles fat any lass, damage or expense which me
Purchaser may suffer or incur an occur I of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the parch..... any defects or faults arising within one (I) year or within such longer period of
time as may be prescribed by law or by me lams of any applicable warmry provided by the Seller afar the date of
arc,. of the goods famished hereunder (acceptance wr to be warecombly delayed), resulting from imperial
or defective work done or mmmals Intended by the Sella. Acceptance or use of goods by the Forerunner shall not
onsulate a waiver of any claim under this warranty. Eaqu as otherwise provided in this purchax older. the Sellers
liability hereunder shall extend to all damages proximately caused by me breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss ofprefits or loss of use. NO IMPLIED WARRANTY
OR MERCHAN I ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The purchaser may make changes 1. legat it. by written change coda.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terra, other than legal mob, including additions to or deletions fmm
the quantities originally ordered in the specifications or dowinga, by venial or written change order. If any such
change affects the amount due or the time ofperfomtance hereundeu an equitable adjustment shall be, made.
6. TERMINATIONS.
The Pardoner may at my time by wormin change order, terminate min agreemem as to any or all ponlom of the
goods then not shipped, subject to any equitable adjustment between the panies as an any work or materials then in
progress Provided that me Purchase, shall sal be liable far my claims for anticipated Profs an me onmmpletal
portion of tie goods torpor work, for incidental or consequential damages, and thin no such adjustment be made in
favor of the Still, with respect hs any Goods which are the Sellers standard stock. No such lamination shall relieve
the Pardoner or the Sella of try of their obligations as m any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for w1justmmt mnsr h atoned within thitry (30) days farm the deror the change or mamiredon is
ordered
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and furnished in strict
compliance wish all applicable laws suit regulations to which the goods are subject The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and mgulmios required no be
ncerpomted in agreements of this character are hereby immemorial herein by this reference. The Seller agrees to
indemnify and hard me purchaser harmless fmm all sass and damages sufferce by me Purchases as. result of ghe
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, ttansfm or convey this order, or any monies due or to became due hereunder without the
prior written consent orghe other parry. -
10.TITLE.
The Seller waamnts full, clear end umr ,meted title to Om purchases far ill equipment materials, and items fiunkhed
in performance of this agreement, file and clear of any end all lies, restrictions, reservations, smarm, interest
encumbrances and claims cranial.
11. NONWAIVER.
Failure of the Pnchuer to insist upon strict performance of the tams and conditions hereof, failure or delay to
exansism
any rights or alternatives provided herein or by law, failure to promptly notify the Sella in me event of a
brand,dw acceptance of., yaymmt for goods hummadn or approval of ghe design, shall not release the Seller of
any of the warranties or obligations of this purchow order and shall owl be, downed is waiver of any right of the
Immanuel to insist upon strict performance haeofor any of its rights or remedies or to any such goals, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any p named
oral nmdificati im or rescission of this purchase aide, by the Purchase, operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser ocamee slut in accord aromatic Practice, overcharges resulting f beiVYsl
violations arc in fact home by rise Prrchuer. Theremfere, for good cause and as consideration for excluding this
purchase order, me Sella hereby assigns to the Purchaser any and all claims it may now have or hereefer
acquired under lateral or state anmom laws for such overcharges relying to the panic.lar goods ar services
purchased or acquired by the Pumhaal pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Sella to cones nonconforming or defective goods by a date to be agreed upon by me
Purchaser and me Sella, and the Sella mermfer indicates its holiday m wwillingness to comply, the Purchaser
may cause no work to be performed by the most expeditious mean available to it, and me Sella shall pay all
tears associated with such won.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the Performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend co the
i irectos, offiicas and employ. ofsuch Party.
Thc Sellers contractual obligations, including womanly. shall not be dared 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 use any design, device, material or praess covered by letter, patent, trademark
or copyright, the Sella shall indemnify and save harmless the purchaser fmm any and all claims for infringement
by mucam of the use of such patented design, device, material or praess in connection with me summer, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged m pay by ream. of such
infringement at any time during the prosecution or afar the completion of the work. In case said equipment, or
any pan thereof or the intended us, of the goods, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, eight, proton for the
Purchaser the fight to continue using said equipment or pails, replace the same with substantially equal but
noninfnnging equipment, or modify it so it becomes comminuting.
15. INSOLVENCY.
If the Sella shall become insolvent or bankrupt, make an assignment for me benefit of creditors, appoinr a
or m vet far any of the Sellers property or business, this order may forthwith be canceled by the
Producer without liability.
16. GOVERNING LAW.
The deftmions oft. used or the irow,fi rdion ofthe agreemem and the rights ofail panies hereunder shall be
consistent under and governed by the laws ofthe State of Colorado. USA.
The following Additional Conditions apply only in crows where me Sella is to Perform work hereunder,
including the services of Sellers Represenmf ive(s), on the premises aromas.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said won At Sellers own risk until the same is only completed and accepted, and shall,
in case of any accident, destruction or injury tome wok super matertak before Sellers, final completion and
acceptance, complete dre won at Sellers own expense and to Um satisfaction of me Purchaser. When materials
and equipment arc famished by others far continuum on erection by the Seller, the Sella shall receive, unload,
store and handle same an the site and become responsible therefor as though such mmenals and/or equipment
were being famished by the Sella under the older.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in corme Lion with the won covered by this porchnse order.
worst to their dependents in accordance with the laws of the sum in which the won is in be done. The Sella
shall also carry comprehensive farm) liability including, but net limited to, contractual and automobile public
liability in -vane with bodily injury and death limits of at least S300,00(i for any one person, S500,000 for any
one accident and properly 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 of the Sellers or his comtmm�rs
employees shall do any work upon the premises of others, me Seller shall Finnish the Purchaser with a cedifarm
rim such compensation add insurance have been provided. such certificates shall specify fare date when such
compensation and insurance have been provided. Such cenffmtm shall specify the dam when such compensation
and insurance expires. The Sella agrees tam such compensation and insurance shall be nownairmd wail able me
entire work is completed and interface.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury crony kind
or nature wbauoever to persom or property caused by or resulting form the execution of me work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless me Purchase and any
or ill of the purchasers officers, agents and employees form and against any and all claims, losses, damages,
charges or esperew, whegher, direct or indirect and w abin m persons or p-,my to which the Purchase may
be pm or subject by rcasen of my act, action, neglect, omission or default on the pan of the Sella, any of his
comments, or any of the Sellers or contractors officers, agenb or employees. In case any suit or other
proceedings shall be brought around the Purchaser, or its officers, agents or employees at any time on account or
by reason of my act, action, neglect, omission or default of the Seller of any of his contracors or any of its or
their ofree., agenda or employers ns monessid, me Seller hereby agrees ao assume the defense thereof and to
defend me sine al the Sellers own expense, la pay any and all costa, charges, --ways f and outer expenses,
any and all judgmmb fiat may Ee incurred by or mumbed against the Purchaser or any of its or their officers,
agents or employees in such sues or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of ghe Purchaser, or said panics in or as a result ofsech suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall sake all safety provionos, finish and install .II Paula necessary for me prevention of
accidents, comply wins all laws and regulation wins regard to safety including, but without limitation, the
Ocmpati000l Safety and Health Act of 1970 and all rates ail regulations issued pomam therere.
Revised 03/2010