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HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9144683Fort Collins Date: 09/17/2014 Vendor: 102795 WESCO DISTRIBUTION INC 11333 E 55TH AVE UNIT A DENVER CO 80239-2029 PURCHASE ORDER PO Number Page 9144683 1o13 This number must appear on all invoices, packing sli i and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 08/1212014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Ordered Extended Price 2000Kva pad xfmr T3000201 T3000201 YARD TRANSFORMER, 2000 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 201 TO BE IN ACCORDANCE WITH SPECIFICATION #368-300-201, REVISION EA 27,500.0000 55,000.00 We only need the IFD device, which provides the manual/automatic pressure relief as well as the internal fault detection. Two of the approval drawings with the Engineers changes in red (deletion of the PRV) have been sent to Wesco. Note to Shipper: 24 - 48 hour Notification to: Dan Hofeling - 970-221-6389 Na 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: 9707221-6707 Email:purchasing@fcgov.com Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 914468er Page C117f of PURCHASE 9144883 2 of 3 C6rt CThis number es, packing ,�—,J`-, ` Collins` on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Steve Serra - 970-221-6709 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:purchasingQafcgov.com Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local toxic. Our Exemption Number is 11. NON WAIVER. 98-04503. Federal Excise Tax Exemption Certificate of Registry 84-6000581 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the Terms and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado {Her Coloreds Revised Stedutes 1973, Chapter 39-26,114 (aL exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance afar payment for good hereunder or approval ofibe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, anther when shipped or due to deice%of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of eery right of the damage in transit, may be mounted to you for credit and are not to be replaced except upon receipt of wntlen purchaser to imist upon strict performance hermfor any ofi%rights or remedies as to any such guide, regardless instructions from the City of Fort Collins. of when shipped, received in sceepted, as a any prior or subsequent default hereunder, ror shall any puryoned oral midi fiction or rescission of this pmchsse order by the Purchaser operate or a waiver of any of the sound Inspection. GOODS arc subject to the City of Fort Collim inspection on critical. hereof. FIna1 Acceptance. Receipt of the merchandise, services or ryuipment in mponse to this order can mutt in 13. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood But FINAL Seller add Me Purchaser recognise that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is Oriented upon completion ofall applicable required inspection pro Ball violations are the Purchaser. fuel home by thPurchaser. Theretofore forgoodcause add as consideration for executing this purchase order, the Seller beeby assigns On the Purchaser any and all claims it may now have or hereaffer Freight Term, Shipments mutt be F.O.B., City of Fort Collins, 900 Wood Ss, Fort Collim, CO 80533, unless acquired under federal or same anrirmst laws for such overcharges relating to the particular good or services otherwise specified on this order. Upermission is given to prepay freight and charge sepamtety, the original freight purchased or acquired by the Purchaser pursttandto this purchase order. bill most accompany invoice. Additional charges for packing will not o accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Disaancw Where manufacturers have distributing points in various pans of the country, shipment is I f the purchaser directs the Seller to correct nonconforming or det tive good by a die a he agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be perforated by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable Inws, regulutions, nrdinanoes and rates of the state, municipality, temmry or political subdivision where the work is pe<fomned, or ,armd by any other duly constituted public authority having jurisdiction over the work of vendor. Seller Maher agmcs to hold the City of Fart Collins hsMess from and a,uso all Iinbil ity and loss ured by tem hby remora of owom en serted or established violation of any sucIt Loss,reon gulutis, ordinances, rules and requirements. Authorization. All panics it, this contract agree that the representatives are, in fact, bona file and possess full and complee authority so bind said patties. LIMITATION OF TERMS, this Purchase Order exp,essly limits accepmnce to the terms and condillom stored herein set forth send any sir,plemortery or additional terms and conditions annexed ores, or Iromr,m tad Senior by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby jetted. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment m arrive on your promised delivery dale m wed. Time is of M. essence. Delivery and performance must or etT red within the time stated on the purchase order and the dearmmu inmebud harem. No acts of the Purchasers including, without limitation, aece,dowe of partial Into deliveries, shall operate as a waiver attar, pmv¢iuu. In the event of eery delay, the Purchaser shall have, in addition to other legal and apritable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the, Seller shall not be liable for damages as a melt ofdelays due to causes rot reasonably fomecable which are beyond its reasonable control and without its fault.1 neglitioc such acts official. ncn ofrivil or military authorities, govrnrn untal prionties, fires, strikes, flood epidemic, waaor riots provided that notice of the conditions curing such delay is given in the Purchmer within five (5) days of the time when the Seller first received knowledge thereof.. In the event of any such delay, the doe of delivery shall this extended fm the period equal to the into aerially lost by reason fthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covevsl by this order will conform with applicable drawings, specifcaime, samples and/or .,her descdptiom given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a filar nature. The Seller agrees to hold the purchaser brothers rs from any lass, 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 goad, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be plmenlsed by law or by the Isms of any applicable warrenty provided by the Seller its, the date of acceptance or the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect ar defective work done or muenals fumoboU by the Seller. Acceptance or use of good by the Purchaser shall not institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shun extend W al damages pfaximamly caused by the breach of eery of the foregoing ammonium or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WA BRANT Y OR MERC14ANI'ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make eery changes to the teams, other than legal forms, including additions to or deletions from the quantities Originally ordered in the spccificatioos or drawings, by verbal or written change order. If any such change alicels the umoum due or the time of performance hereunder, an equitable adjustmenl shall be made. 6. TERMINATIONS. The Purchmer may at any time by wrinen change order, terminate this agreement as or any or all portions of the goods ton not shipped, subject 1. any rymoral, adjustment betwef the parries m to any work or materials then in Progress provided that the Porchsser shall Out be liable for my claims for anticipated proms on rare uncompleted Portion of the good enrVur work, for incidental or comequentlal damages, and that no such adjustment be made in favor of the Seller with minor to any goads which ate the Sella standard stock. No such termuution shall telieve Me Purchaser or the Seller of any of dhcir obligations m m any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty GO) dye from the date the change or automation is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents os may be required to effect or evidence compliance. All laws and regulation occurred to be, incorporated in agreements of this character art 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 pony shall assign, transfer, or convey this Order, or any monies due or to become due hereunder without the poor women consent of the other party. 10, TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished n perfinnuares of this agreement, free and clear of any and all liens, nistdaiom, reservaliom, secunry homes, encumbrances and claims of others. 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 rcleme shall apply even in the event of fault Of negligence of the party released send shall extend to the directors, officers and employees ofsuch parry. The Seller's contrucmal obligations, including wamanry, shall not the deemed to o reduced, in any way, became such work is Performed or caused to be Performed by the Purchaser. 14. PAT'LNI S. Whenever the Seller is rmuired to me any design, device, material or process covered by letter, patent, trademark r copyright, the Seller shall indemnify and save harmless the Pu xhuser from any and all claims for infringement by reason of the use of such patenad design, device, mmedal or process in connection with the former, and shall indemnify the Purchases for any cast expense or damage which it may be obliged to pay by.. ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any pan thereef or the intended ace of the goods, is in such soil held to comtimm infringement and the use of said equipment or pat is enjoined the Seller shall, al its awn expense unit a1 its .,lion, offer procure far the Producer the right 1. continue min, said equipmeat or party replace the same with substantially equal but isnlnfripging esmprment, or modify it so it becomes nonlafinging. 15. INSOLVENCY. If the Seller shall become insolvent or bra 4rupt, make an assignment for the benefit of cmduara. appoint a or trustee for any of the Sella property or business, this order may forthwith be eatueled by the Producer without lobiliy. 16. GOVERNING LAW. The deGnitiom oft. used or the interpretation ofM, a,niemera and the rights fail panics heamm der shall be, onsttued under and governed by the Los oftM1e Sete of Colorado, USA. The following Additional Conditions apply only is cases where the Seller is to perform work hereunder, including the services of Sella Repmsenetiodid. on the premise of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work rat Seller's own risk until Musette is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, enrapture the work at Seller's own expense and to the satisfaction of the purchaser. When materials and equipment are furnished by others for installation or ereetian by the Seller, the Seller shall receive, Priced, sere 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. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment amid m compensation, including occupmlonal disease benefit,, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependent, 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, contractual and aummobile public limit it, insurance with bodily injury and death limits of al Iemt $300,000 for any one person, S500,000 for any accident and property damage limit per accident of 5400,000. The Seller shall likewise require his c.mmnors, if any, to provide for such compensation and imurnme. Before any of the Sellers or his contractors employees shall do any work upon the premises of orders, the Seller shall fumish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the dote when such compemaiian and insurance have been prosdded. Such comficares shall specify the date when such compensation and insurance expirea. The Seller agrees that such compensation and moumnce shall for maintained until spot to .Mae work is completed and aceepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes to more mponsibility and liability for any and all damage. lass or injury ornery kind or nature whatsoever to cromes or property caused by or resulting fmm the exemdon of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and old hamnlcss to Purchaser nerd any r all of the Porchnsers officers, agents and employees room and appear coy and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or propmy to which the Purchmer may be par ao subject by reason of any .1, action. neglect, omission or default on the part of the Seller, coy of his contractors, or any of the Sella or contractors officers, agents or employees. In case any suit or other Proceedings shall be brought against the Purchase, or its oRcm, 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 officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof unit to defend the some at the Sellers own expense, to pay any and all costs, charges, alromrys 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 lien o placed upon or obtained against the property of the Purchmer, or said parties in or as a result of such 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 eke all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but wihnd limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 07R014