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HomeMy WebLinkAbout111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9121588City of �.,Fo�rt Collins PURCHASE ORDER Date: 03/16/2012 Vendor: 111572 WESTERN UNITED ELECTRIC SUPPLY 100 BROMLEY BUSINESS PKWY BRIGHTON Colorado 80603 PO Number Page 9121588 1of2 This number must appear on all invoices, packing slips and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 03/16/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 6550-8842 small secondary splice box 65508842 03AA VAULT, SECONDARY SPLICE BOX, 12" X 17" OUTSIDE DIMENSIONS, 14" X 9 1/2" OPENING X 12" MIN. HEIGHT, WITH ONE STAINLESS STEEL OR CAD. PLATED 3/8" X 2 Y<" PENTAHEAD HOLD-DOWN BOLT FOR USE WITH A 7/8" SOCKET, STANDARD GREY COLOR FARGO (CARSON IND), 1419-124+LRGEPNTA; Per quotation dated 03/03/12 Brian Baseflug Delivery: 3-4 weeks lid marked "ELECTRIC" City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 200 EA 34.6400 Total Invoice Address: 6,928.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions By statute the City of Fort Collins is exempt farm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cer ifieate of Registry 84-6(100587 is registered with the Collector of Failure of the Purchaser to insist upon strict perfommnec of the terns and conditions hereof, failure Or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26. 114 (a). exercise any rights 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 good hereunder or appmeal of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mco specification, either when shipped or due to defects of any of the waranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be maimed to you for credit and arc not to be replaced except upon mccipr of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods. regardless insteactions farm the City of Fort Collins, of when shipped, received or accepted. as to any prior or ,subsequent default hcmu rider, nor shall any parponed oral moth ftcution or rescissin t of this purchase order by the Purchaser operate as a waiver of any of the leans Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. 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 reengnize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase enter, the Seller hereby assigns to the Purchaser any and all claims it may rims have or herea BCr Freight Terns. Shipments most be F.O.H., City of Fort Collins, 700 Wood St., Fog Collins. CO 90522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If peraimion is given to prepay freight and charge separately, the original freight purchased or acquired by the purchaser pursuing 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 manufactamot have distributing points in various parts of the country, shipment is If the 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 farm Invoice when Purchaser and the Seller, and the Seller thcmatter indicates its inability or unwillingness to comply, the Purchaser shipments am made farm greater distance. rimy cause the weak to be perforated by the most expeditious means asailable to it, and the Seller shall ryry all costs associated with such work. Permits- Seller shall procure at sellers sole cost all necessary parnits, certificates and licenses required by all applicable laws, regulations, ordinances and tales of the state, municipality, territory or political subdivision where the work is perforated, or required by any Other duly constituted public authority having jurisdiction over Poe work of vendor. Seller further agrees to hold the City of Fog Collins harmless fmm and against all liability and loss incurred by them by reason of an nsserted or established violation of any such lases, regulations, ordinances di cs and requirements. Author ation. All panics to this contract agree that the representatives arc, in fact, bona tide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temms and conditions stated herein set fourth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tcmw and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached Inertia. No ass of the Purchasers including, without limitation, acceptance ofpartial 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 of placing this order clscw'here and holding the Seller liable for damages. However, the Seller shall net be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and n'ithmn its fault of negl igenee. such acts of Gad, acts of civil or military authorities. governmental priorities, rims. strikes. Bond, epidemics, wars our riots provided that notice of the conditions coming such delay is given to the Purchaser within rive (5) days of the time when the Seller first received knowledge thereof. In the Went of any such delay, the date of dcl ivery shall be extended for the period equal to the time actually lost by rcasen of the delay. 3. WARRANTY, The Seller warrants that all goods, articles, materials and work covered by this order will confnm with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the pngsrscs intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expcn a which the Purchaser may suffer our incur on account of the Scllcrs breach ofwamnty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer Mind Of time as may be prescribed by law or by the terms ofany applicable warranty pmvidcd by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good by the Pumhascr shall not constitute a waiver ofany claim under this warranty. 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 wamntics or guarntcc,, but such liability shall in no event include loss of profits our 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 tents by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tams, other than legal terms, including additions to or deletions from the quantities origiwlly ardemd in the specifications or drawings. by warn I or wriucn change order. If any such than€c affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. b. TERMINATIONS. The Purchaser may at any time by wriucn change order, terminate this agrecment as to any or all portions of the good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated pmfhs on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any good which are the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller of any of than r obligations as to any gods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. r 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect orevidenee compliance. All haws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdcss farm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. , IO,TITLE. The Seller warrants full, clear and unrcstricted title to the Purchaser for all equipment. numerals. and items furnished in performance of this agreement. free and clear of any and all liens, restrictions, mseasatlons. security interest encumbrances and claims ofothem. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims ofany nature resulting from the perfomtance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Sellet's contractual obligations, including wamnty, shall not be decmed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Wlmnever the SCIICr is required to use any design. device, ntnterial 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 indcmnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or aficr the completion of the work. In ease said equipment, or any pan thereof or the intended rise of the goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, 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, replace the same with substantially equal but nnninfringing equipment, our modify, it m it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent our banempt, make an assignment for the benefit of creditors. appoint a receiver or rmmcc for any of the Sellers property, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions aftemts used or the interpretation ofthe agreement and the rights ofnll panics hereunder shall be construed under and governed by the Incas ofthe State of Calomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Reprcscatative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any aeeidcn, destruction or injury to the work and/our materials before Setters final completion and acceptance, complete the work at Scllcr's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and become mspensible 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 of workers compensation, including occupational disease benefits, to its employees 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 the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of m Icast S300,000 for any one person, S500.000 for may one accident and property, damage limit per accident of $400.000. The Seller shall likewise require his contractors. if any, to provide for such compensation and insurance. Before any of the Scllcrs at his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been pmvidcd. Stich certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify, the data when such comp<nsolion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or namm whatsoever to persons or property caused by Or resulting farm the execution fthe work pmvidcd for in this purchase order r in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any ar all of the Purchasers officers. agents and employees from and against any and all claims, losses, damages, charges or expenses. whether direct or indirect. and whether to persons or pmpeny to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on the pad of the Seller, any of his contractors, or any of the Scllcrs or contractors effects, agents or employees In case any suit or other proceedings shall be brought against the Purchaser, or its oRcets, agents or employees at any time on account or by reason ofany act, action, neglect, omission or default of the Seller of any of his cmntmctors or any of its or their ofieera, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costs, charges, attomcys 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, nod in case judgment or other Ism be placed upon or obtained against the property afthe Purchaser. or said parties in or as a result ofsuch suits or other proceedings, the Scllcr will at once cause the same robe dissolved and discharged by giving bond cr otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary 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 regulations issued pursuant thereto. Revised 0312010