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HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9147386of FOCity. Collins Date: 12/15/2014 Vendor: 102795 WESCO DISTRIBUTION INC 11333 E 55TH AVE UNIT A DENVER CO 80239-2029 PURCHASE ORDER PO Number Page 9147386 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: 12/15/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price T3000008;transformer 20 EA 6,631.0000 132,620.00 75kVA; 208Y/120 3P pad T3000008 YARD TRANSFORMER, 75 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 008 TO BE IN ACCORDANCE WITH SPECIFICATION #368-300-008, REVISION ASEA BROWN-BOVARI (ABB), PER SPEC; 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fart Collins is exempt from stale and Taal taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Caribbean, of Registry 84-6000587 is registered with the Collector of Faifre of the Pardever a insist open strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapin 39-26, 114 (a). exercise any fights or 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 ar approval of the design, shall not release the Seller of Goods R papd GOODS REJECTED doe to failure to meet specifications, either when shipped or due m defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of me damage in transit, may be reamed to you for credit and ore not to be replaced except upon receipt of written withaux to insist upon strict performance heteofot any of its rights or remedies as to any such goods, regardless iratmctiora from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver stony of me tams Inspection. GOODS are subject to the City of Fort Collin inspection oa mrival. hereof Final Acceptance. Receipt of the merchandise, services or implied in response to this order con mark in E ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser firopiae that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable "mind inspection procedmes, violations are in fact home by me Purchase, Theretofore,forgoodcause and as consideration for exeatiog this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F O.B., City of Fort Collins, 700 Wood St., Fart Collins, CO 80522, unless acquired under federal or state erratum;t laws for such overcharges relating to the particular goods or services otherwise specified oa this older. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pars of the country, shipment is Run, Purchaser directs the Seller to correct nonconforming or defective goods by a date to be 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 permarmed 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 cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and miss ofthe stale, municipality, territory or political subdivision where me work is performed, or required by any other duly constiated public authority having jminflaion over the work of vendor. Seller luriber agrees to hold the City of Pon Collins harmless film and against AI liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations. mdinances, rates and requirements. Authonzation. All ponies to this commit agree that the representatives are, in fact, bona fide and possess full and complete authority as bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and carcu a s annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller are abjured to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to curve on your promised delivery Mte as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including without limitation, inchoate ofpertial late deliveries, shall operate as a waiver of this provision In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplecing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreaveable which we beyond its reasonable control and withom its fault of negligence, such acts of God, aces ofcivil of military ordinaries, govemmenal worries, Fires, strikes, flood, epidemics, warsa, riots provided that notice of the conditions causing such delay is given to the Pardoner within five (5) days of the time when the Seller first received knowledge thereof. in the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by mason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andor other descriptions given, will be fit for the plasmas; intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any lass, damage or expense which the Purchaser may suffer or incur on import ofthe Sellers breach of warranty The Sella shall replace, repair or make good, without cost to the Purchaser, any defects or faults arising within one (1) year or within such larger period of time as may be prescribed by law or by the teals of any applicable warranty provided by me Seller after the date of weeptaace of the goods fumished hereunder (acceptante not to be unrmsonebly delayed), resulting from Imperfect or defective work time or materials furnished by the Seller. Acceptance at use of goods by the Purchaser shall not constitute a waiver of any claim order this war arty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or g=rantws, but such liability bull in no event include loss ofprofits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tears, including additions to or deletions from me quantities originally ordered in the specifications or drawings by verbal or written change order. If any such change oRna the amount due or the time ofperformanee hereunder, an equitable adjustment shall Is, made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, terminate this agreement as to any or all portions of the goods men not shipped, subject to any equitable adjustment between the parties as to any work or materials then in P.I. provided that the Purchases shall act be liable for any claims for anticipated profits on the uncompleted panion ofthe gaols and/or work, for incidental or consequential damages and that no such udjrs=ent be made in favor of the Seller with respect to any goods which are the Sellers standard sack. No such termination shall relieve the Purchaseror ne Sella ofany oftheir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within dily (30) days from the dale the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wanams that all goods sold hereunder shall have been produced, sold, delivered and fumished in strict compliance with all applicable lows and regulations to which the goads are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated N agreements of this character are hereby incorporated herein by this reference. The Seller a'vwx to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to amply wim such law. 9. ASSIGNMENT. Neither party shall assign transfer, or convey this order, or my monies due or to become due hereunder without he prior women commit of me other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished n performance of this agreement, free and clear of any crud all liens, restrictions, reservations, secutity interest enct=brances and claims of others. The Sella shall release the Purchaser and its contractors of any tier from all liability and claims of any aware resulting form the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party re seta d and shell extend m the directors, aRcers and employees of such party. The Saint's contractual obligations, including watmmy, shall mat be deemed to be reduced, in any way, became such work is performed or caused to be performed by the Purchases. 14. PATENTS. Whenever the Seller is refined to =a any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save 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 indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by mason of such infringement at any time during the prosecution or alter the completion of the work. In was said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constiate infringement and the use of said equipment or part is rrjained, the Seller shall, at its own expense and at its option, either prows for the Purchaser the right to continue using said ce uipmad or parts, replace the same with substantially equal but noninfnnging equipment, or modify it so it becomes noninfnging. 15. INSOLVENCY. If the Seller shall become insolvent or bamrmpt, make an assigmnent for me benefit of creditors, appoint a Pumhaor trustee for any of the Sellers property or business, this order any forthwith be canceled by the xr without liability. 16. GOVERNING LAW. The definitimts of terms used or the interpretation ofthe agreement and me rights ofall parties hereunder shall be onmued under and governed by the laws ofthe Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is a perform work hereunder, including me services of Sellers Representative(s), on the premise ofotleers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of any acmidenr, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the lumberer. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, =load, ware and handle same at the site and become responsible therefor as though such materials indict equipment were being famished by the Seller under the cadet 18. INSURANCE. The Seller shall, at his awn expense, provide far the payment of workers compensation, including in up tional disease benefits, to its amployees employed on or In connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which me work is to be done The Seller shall also carry comprehensive general liability including, bur not limited to, concreting and automobile public liability insurance win bodily injury and death limits of at least S300,000 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 contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall f rmish the Purchaser with a certificate that such compensation and irsumnce have been provided. Such muf fiemw shall specify ne dote when such supplication and insurance have been provided. Such rertificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained it after the entirework is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury wary kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless me Purchaser and any r all of the Purchazers officers, agent and employees from and against any and all claims, lasses, damage, charges or expenses, whether direct or indirect, and whether to papsom or property to which the Purchaser may he put or subject by reason of any act, action, neglect, omission or default on the pan of me Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, 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 and to defend the same an the Sellers own expense, to pay any and all costs, charges, aMmrys 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 Ise placed upon or obtained against the biometry ofthe Purchase, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause me same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fmish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard m safety Including, but without limitation, the Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant thereto. Revised 07/2014