HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9150606Fort Collins
Date: 01/27/2015
Vendor: 102795
WESCO DISTRIBUTION INC
11333 E 55TH AVE UNIT A
DENVER CO 80239-2029
PURCHASE ORDER
PO Number Page
9150606 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: 01/26/2015 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
T3000031-TRANSFORMER 2015 4 EA 9,687.5000 38,750.00
300kVA, 480Y/277 3-PHASE PAD
T3000031
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: 480Y/277. SERIAL NUMBER 031 TO BE IN ACCORDANCE
WITH SPECIFICATION #368-300-031, 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
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 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collin is exempt from state meat I«al taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cahill of Registry RI 6001587 is registered with the Collector of
Intenel Revenue, Denver, Colorado (get. Colorado Revised Statute 1973, Chapter 39-26,114 (a).
Goods Rejedrd. GOODS REJECTED due to failure to .,or specifications, after when shipped or due to defects of
damage in mount, may be returned to you for credit and are not to be "lazed except upon receipt of careen
instructions( the City of Fan Collins.
Inspection. GOODS are subject o the City of Fon Collins inpation on arrival.
Final A.,... Raeipt of the mcrchaaine, services or equipment m response to this oNer on. result in
achaimed payment an thc pan of the City of For Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion are[] applicable acquired inspection procedures.
Freight Tom.. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522. unleas
otherwise specified on this order. If Permission is given to prepay freight and change separately, the origirml freight
bill most aueompuny brown. Additional charges for pocking will not be accepted.
Shipment Distance. Whore ricanifisclareas have shampooing points N um. pars of the country, shipment is
expected from the nmrest distribution point to dalmatian, and excess freight will be shall from Invoice when
shipments am made form greater disance.
Permits. Seller shall pmeure at sellers sale cost all necessary Pamirs, cenifieates and Ecenses required by all
applicable laws, ragulminns, ordinmwe,s and roles of the state, municipality, remarry or political subdivision where
the work is perforated, or required by any .,he, duly connoted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins Fannies, from and against all liability and lass
me rend by than by reason of an asserted or established violaim of any such laws, regulations, midinunces, roles
and requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possos full and
complete authority to bind said podia.
LIMITATION OF TERMS. This Purchase Order expressly limits accepance to she terms and conditions stated
herein set tomb and any supplementary or additional terms and conditions annexed hereto or mars coed herein by
reference. Any additional or different terms and conditions proposed by seller are objected a and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to naive on your
premised delivery date a noted. Time is ofthe essence. Delivery and pedormmce most be effected within On, time
sated on the purchase oNer and the documents attached harem. No acts of the Purchasers including, without
inclu ion, acceptance of partial late deliveries, shall operate as a waiver of Nis prmision. In Is, event ofany delay,
the Purchaser shall have, in addition as other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable far damage. How'evm the Seller shall not be, liable fir damages as a result of delays
due in causes net reasonably forareable which are beyond its reasonable control and withom its fill of negligence,
such acts of God, acts orch it or military authorities, gmesitmenul priorities, foes, strikes, flood, epidemics, wars or
riots provided that notice of the comistimm causing such delay is given to to Purchaser within rive (5) days of the
time when the Seller first received knowledge thereof. In rise event of any such delay, the date of delivery shall be
extended for the pcnod equal to the time actually lost by reawn of Ne delay.
3. WARRANTY.
The Seller warrants that ell gur ds, articles, nicamb and work covered by this order will conform with applicable
drawings, specilimriam, samples and/or other deuriptions given, will be fit for the purposes intended, and
Performed with the highest degree of cart and commence in accordance with accepled standards for work of a
similar nature. The Seller agree to hold the purill harmless from my loss, damage or expense which the
Purthmer may suff or incur on account ofthe Sellers breach of wat anry. The Seller shall replace, repair or make
good, without cast to the pumhaser, any defects or fmlts arising within one (1) year or within such longer period of
time as may be prescribed by law or by the tents of any applicable waaamty provided by the Seller after the sate of
acceptance of the goods fmished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Accepanc, or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty, Except as otherwise provided in this purchase maker, the Sellers
liability haarda shall extend to all damages proximately mused by the breach of any of the foregoing wammnie
or guarantees, but such liability shall in no event include loss of profits ar loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may makr changes Ir legal arms by w'rinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The purchaser., it, any change to the terms, other then legal tents, including addioior. to a deletiam from
the quantities originally ordered in the specifications or drawm x, by vedul or wines change amber . If my such
change affects the amount due or the time of patiannence hereunder, an yuiuble adjustment shall be made.
6. TERMINATIONS.
The, Purchaser may or my time by seamen change order, mannimc this agreenem as to my or all partiom of be
goods then rim shipped, subject to my equitable adjustment betwttn fire panics a to my work or materials than in
progress provided dral the PurcMmr shall not be liable for cry claims for mricipared profits on the unc —,algid
portion ofthe goods mNor work, for incidental or consequential damages, and that no such sdjusunent be made in
favor of the Seller with remain to my goads which am flee Sellers standard stock. No such termination shall n:lie'e
the Purchaser or the Seller army affair obligations am as my good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
A, claim for mijustmem must be asserted within fairry (30) days from the date the clang, or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants Jut all goods sold hereunder atiall have been produced, sold, delivered and burnished in strict
compliance with all applicable laws and regulations to which the goad are subject- The Seller shall execute and
deliver such documents as buy be required 10 effect or evidence compliance. All laws and .,]arm- required m be
nam,macd in egaceramo of this chameter art hereby inam,mated hack by this reference. The Seller agree to
indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser m a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall resign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior wrince consent of the other party.
Ill. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, matenals, and items famished
in performance of this agrtemenh free and clew of any and all her manictions, aeeremims, security latertm
manmbranca and claims af.thers.
11. NON VAIVER.
Failure of the Pu al aser to insist upon strict paramount, of the terms and conditions hereof, failure or delay to
any rights or commutes Provided himus by law, failure an promptly ran fy the Seller in the event of a
tha Creor
the werprmce ofor Payment for goods hereuNda or approval of the deign, shell and relcum the Sella of
my of the womentiee w obligations of this purchase order and slut] woo be doemod a waiver of any right of the
purslane, to insist upon afct performance herenfor any of its rights or remedies as to my such goads. regardless
of when shipped received or accepted, as to any prior or subsequent default Fereunde, roe shall any vorponad
oral modification or concision of this purchase order by the Purchaser operate ex a waiver of any of the terms
Similar.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser =again that in actual economic practice, overcharges mulling antitrust
violations are in fact home by the Purchaser. Themadfic efogood cause and as consideration fen executing this
purchase order, the Seller hereby assigns m the Purchase any arW all claims it may now have or hereafter
acquired under fedcrel or state antitrust lass for such overcharge relating to the fornicator goods or smices
purchased or acquired by the Purchaer pm. to this Purchase mall
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
tribe Purchaser directs the Seller in correct nonconforming or defective goods by a &to to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicate its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
can. associated with such work.
T he Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any more
resulting from the performance afsuch work.
'this mono, shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees of mch puny.
I he Seller's cointro d obligaime, including warranty, shall nor be deemed 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 my cargo, device, malmal or process covered by letter, proem, trademark
r copyright, the Seller shall indemnify and save Eantlas the Purchaser from any and all claims for infringement
by mason of the me of such premed design, device, mmerial or proxiss in connection with the contract, and
shall indemnify the Purchaser fen my cost experts, or damage which it may be obliged to pay by reason of such
infringement at any time during the paramecium or after the completion of the work. In case said equipment, or
my pan thereof or the intended use of the goods, u in such suit held as constitute infringement and the um of
said cquipmem or pat is rejoined, the Seller shall, at its own expense and at its option, either procure for the
Purchase the right to cmtinue, nfg said equipment or pans, replace tbe same with substantially egml but
.arranging equipment- or modify it so it becomes nonlnGtnging.
IS. INSOLVENCY.
If the Sella shall become insolvent or bartkmpt make on assignment for the benefit of creditors, appoint a
racciver or ounce for my of the Sellers property or business, this ordermay forthwith be canceled by the
Purchases without liability.
16. GOVERNING LAW.
The definition of.. used or the inuryation v of the agreement end the rights of all parties heeunda shall be
constmed under and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to northern work hereunder,
including the services of Sellers Representative(s), an the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller skill carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in u of any accident, desmretion or injury to the work andor materials before Sellers final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchase, When materials
and equipment are furnished by others for installation or erection by the Sella, the Seller shot) receive, unload,
store and handle came at the site and become responsible therefor as though such maedals ondror equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational
disease beater., to its emplayces employed on or in connection with rise work covered by this purchase order,
and/or to their dependents in accordance will the laws of the state in which the work u to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contramml and automobile public
liability insurance with bodily injury and death limits of at lest S300.gp for any arse person, S500,003 for my
one accident and primary damage limit per accident of S400,00o. no Seller shall likewise requim his
coularaw s, if any, m provide for such compensation and iaximance. Reform any of th, Sellers or his commeros
cmp)oyoa shall da any work upon the premise of rafters, the Seller shall burnish the Purchaser with a accurate,
that such romp sessi n and ie.umme have been provided. Such cenifimtes shall specify th, dam when such
compensation card insurance have been provided Such certificates shall specify the date when such compensation
and insurance expire. The Seller agrees that such compensation and insurance shall be maintained most after red
entire work is completed and accoma.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the aarire responsibility and liability for my and all damage, lass or injury army kind
or maium whatsoever to persors, or property coned by or resulting from the execution arrive work Prodded for or
this purchase ardor or in cunace ire herewith. The, Seller will indemnity and hold hamtless the Purchaser and my
r all of the Purchasers officers, agents and employees from and opium my and all claims, losses, damages,
charges or expense, whether direct or harmer, and whether m person or Property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sr my of pis
contractors, o my of the Sellers or coo .. oRcers, agmt, or emplay.. In cam any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by mean of my act, action, neglect, omission or default of the Seller of my of his contmetors 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 at the Sellers awn expersse, to Pay any and all costs, charges, mmmeys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property ofthe Purchaser, or said panne in at as a result of such suits or other proceedings,
the Seller will at once muse the same to be dissolved and discharged by giving bond or otherwise. no Seller and
his contractors shall take all safety precautims, furnish and install all guards necessary for the prevenlion of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and HwIN Act of 1990 and all rules and regulations issued pursuit thereto.
Revised oTR014