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HomeMy WebLinkAbout111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9123145Fort Collins PURCHASE ORDER Date: 05/30/2012 Vendor: 111572 WESTERN UNITED ELECTRIC SUPPLY 100 BROMLEY BUSINESS PKWY BRIGHTON Colorado 80603 PO Number Page 9123145 1of3 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: 05/30/2012 Buyer: OPAL DICK Note: Pricing provided by: Brian Baseflug @ Western United Line Description Quantity UOM Unit Price Extended Ordered Price 1 7503-0975 3000 FT 3.3000 600V, UG CU Triplex cable BULK CABLE, UNDERGROUND, 600V, COPPER, TRIPLEX, 244 7 STRD. XLP INSULATED BLACK AND 1-#6 7 STRD. XLP INSULATED, RED OR YELLOW EXTRUDED STRIPE, PER ICEA S-66-524, SHIP ON N/R REELS, STD PKG. (SEE SUPPLEMENTAL INSTRUCTIONS FOR SHIPPING) CABLE SUPPLEMENTAL INSTRUCTIONS FOR SHIPPING: 1)ACCURATE GROSS REEL AND TARE WEIGHTS ARE CRITICAL PLEASE WEIGH EMPTY REEL, AND C3. O✓le�o-Q� 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 Invoice Address: City of Fort Collins 4141111110 Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City/ Of23145 2 of 3 Fort Collins( n all invoices, pacst king Fort V ` �7 on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price VERIFY WEIGHTS PRIOR TO SHIPPING. 2)AVERAGED WEIGHTS ARE UNACCEPTABLE SINCE SPECIFIC CABLE IS ISSUED BY FOOT PER POUND UNITS. 3)REFUSAL TO COMPLY WITH THESE TERMS MAY RESULT IN REMOVAL FROM THE BIDDER'S LIST FOR FUTURE ORDERS. Fax order to Brian bbaseflug@wue.coop 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 Total Invoice Address: $9,900.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL. DETAILS. 'fax exemptions. By statute the City of Fort Collins is exempt front state and local wxcs. Our Exemption Number is 11. NON WAIVER. 98-04501. Federal Excise Tax Exemption Ceniffcate, of Registry 84-6000587 is registered with tits 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 (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (lif exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event ofa branch, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rrjeeted. GOODS REJECTED due to failure Io meet specificalons, either ,hall shipped or due to defeats of ally of the mama mice or obligations of this purchase order and shall nor be deemed a waiver of any right of the damage in transit, may be ,turned Io you for credit and are not to be replaced except open receipt of written purchaser to insist upon strict performance hercof or any of its rights or remedies as to any such goods, regardless instructions front the City of Fun 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 of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof: Firm] Acceptance. Receipt of the merchandise, services or eyuipmem in response to this order can result in 12. ASSIGNMENT OF AN-1'IrRUST CLAIMS. authorized payment on the part of the City of Fon Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact borne by the Purchuscr. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all clans it may now have or hereafter Freight Teats. Shipmcnu must be EO.B., City of fort Collins, 700 Wood St., Foil Collins, CO 90522, unless acquired ander federal or state antilmst Imes for such overcharges relating to the particular goods or services otherwise specified oat this aide,. If perntission 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 mmlufacmrers have distributing points in various pans of the country, shipment is fiche Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expelled from the carries, distribution point to destination, and excess freight will be deducted from Invoice when Purelmser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with .all work Permits. Seller shall procure at sellers sole cost all necessary wrinis, eeniticates and licenses required by all applicable laws, regulations, midtvanees mid rules of the stale, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and Ices incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to ,his contract agree that the representatives are, in fact, bona fide and possess full aid con.plate authority to bind said panics. LIMITATION OF TERMS. This Purchase Older expressly limits acceptance to the terms and conditions stated hcreim at forth and any supplementary or additional terns and conditions annexed harem or incorporated herein by reference. Any additional or different tennis acid conditions proposed by seller are objected found hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediotcly if you cannot make complete shipment to arrive on your promised delivery data as noted Time is ofthe essence Delivery and performance must be effected within the time stand on the purchase order and the doevments attached lorem. No aeu of the Purchasers including, without limim wri, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, ,he Pi rcha a, shall have, in addition to other legal and equitable remedies, the Option of placing this order clsewherc and holding fhe Seller liable for damages. However, the Seller shall not be liable for damages as a result of deWys due to causes no, reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such actsof God, acts oCciv,i m military authorities, governmental priorities, fires, strikes, hood, epidemics, ocular riots provided that notice of fhe conditions causing such delay is given to the Purchaser within live (5) days ofthe time when the Seller fire received knowledge thereof. In the event orally such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of ,he delay. 3. WARRANTY. The Seller warrants that all goal, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be lit for the purposes intended, and performed with the highest degree of cure and competence in accordance with accepted sandurds for work of a similar nature. The Seller arises to hold the purchaser harmless from any loss, damage or expense which the Purchaser may offer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of thine as may be prescribed by law or by he terns of any applicable ventrally provided by the Seller after the dale of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from inhperfect or defective work done or ...aerials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver crony claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all elan ages proximately caused by the breach of any of the foregoing warranties or gmraawas, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FI TNESS 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 I ERMS. '1 ac Purchaser may make any changes to the tents, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfonmance hereunder, an equitable adjusmicat shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, a nuirme, this agreement as to any or oil fractions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided chat the Purchaser shall nm be liable for ncry vial n.s for anticipated profits no the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are ,he Scllcr standard xlack. No such enninaiott shall relieve the Purchaser or the Seller orally oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within Thirty (30) days from the date the change or termination is onlenaL S. COMPLIANCE WITH LAW. The Scllcr warrants that all goods 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 documens as nmy be required m affect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hanntess 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 munies due or to become due hereunder without the prior written consent ofthe other patty. 10. TITLE, The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fumished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, scemify interest encumbrances and claims of olhers. 'fhe Seller shall release the Purchaser aced its contractors of any tier from all liability and claims of any nature resulting from the performance ofsueh work. 'I his release shall apply even in the event of fault of negligence of the party released and shall extend to the dircmos, off ices and employees of such party. The Seller's contractual obligations, including smrranty, shall not be deemed to be reduced, in any may, because such work is perfumed aroused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purclac rvr 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 reason ufsueh infringement m any time during the prosecution or after the completion ofthe work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the me of said equipment or part is enjoined, the Seller shall, at is own expense and at is option, either procure for the Purchaser the right to continue using laid equipment or pans, replace the same with substantially equal but no tinfitagiag equipment, or modify it so it becomes nontnQiaging. 15ANSOLVENCY. If the Scllcr shall bacon. inhOlwcnl or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers propcny or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. I lie definitions of terns used or the interprcatiun often agreement and the rights rural panics hereunder shall be construed under and governed by die laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services Of Sellers Ropresentmive(s), on the premises crochets. 17. SELLERS RESPONSIBILrrY. "nce Seller shall carry on said work at Seller's own risk until the scam is fully completed and accepted, and shall, in case of any accident, destmnion or injury to the work and/or materials before Seller's final completion and acceptance, complete the wurk or Sollar's own expense and to Ilia satisfaction Of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle smile at the sire and become responsible therefor as though such materials and/or equipnant were being lurnished by the Seller under the order. 18. INSURANCE, The Seller shall, at his own expense, provide for the payment of workers com.pcneatton, including occupational disease benefis, to its employees employed rat or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the lass 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 ofat least $300,000 for any one person, $500,000 for any one accident and property damage limit par accident of $400,000. The Scllcr shall likewise require his contractors, irony, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees Shull do any work upon the premise's of others, the Seller shall furnish Oa Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cerilieates shall specify the date when such compensation and insuranee aspires. The Scllcr agrees that such compensation and insurance shall be maintained until afar the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. I lie Scllcr hereby assumes the entire responsibility and liability for any and all damage, loss or injury Of any Sind or nature whatsoever to persons or property caused by Or clultin, front the cxccuion efthe work provided fat in this purchase Order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from, and against any and all claims, fuses, damages, charges of espcnscs, whether direct or indirect, and whether to persons or propcny to which the Puchaser may be pm or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his conttamors, 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 infects, agents or employees at any time on account or by reason of any :rat, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officas, agcalx or employees as aforesaid the Scllcr hereby agrees to assunce the defense thereof and to defend the same In the Scllcrs own cxpcnsc, to pay any and all costs, charges, attorneys fees and other expenses, only and all judgments taut nmy 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 [ten be placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofsueh suits or other proceedings, the Seller will at once cause Ilia same to be dissolved and discharged by giving bond or otherwise. 'Ilia Seller and his contractors shall take all safety precautions, furnish and insall all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without [initiation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010