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HomeMy WebLinkAbout111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9123174City of Fort Collins Date: 06101/2012 PURCHASE ORDER Vendor: 111572 WESTERN UNITED ELECTRIC SUPPLY 100 BROMLEY BUSINESS PKWY BRIGHTON Colorado 80603 PO Number Page 9123174 tof2 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: 06/01/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 7006-6855 23' F/G streetlight pole YARD 50 EA 236.0000 11,800.00 POLE, STREETLIGHT, 23', TAPERED FIBERGLASS, POLE TOP 3" MAX. O.D., WITH STEEL SLEEVE, 2" DIA. ACCESS HOLE, BLACK SMOOTH FINISH, PER 373-103, DRAWING REV SHAKESPEARE, BS23-01-S1AA99; Delivery: 4 weeks Price and delivery per Brian Baseflug 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 $11,800.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Turns and Conditions Page 2 of 2 L COMMERCIAI.DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from slate and local taxes. Our Exemption Number is 11. NON WAIVER. 99-6a502. Falco Excise Tas Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay informal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided hercin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for good hereunder or approval of the design, shall not relcae The Seller of Goods Rejected. GOODS REJECTED due to failure to meet speei ficalioa, either whim shipped for due to defects of any of The wammics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to he replaced except upon receipt of written purchaser to insist upon strict performance hacofor anv of its rights or remedies as to any such goods. regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. not shall anv purported out modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on aniva I. 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 pan of the City of Fort 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 ftendent upon complain ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing This purchase outer. the Seller hereby assigns to the Purchaser any and all claims it may now have or hcrcnOcr Freight Terms. Shipments most be F.O.B.. City of Fort Collins, 700 Wood St.. Fran Collins, CO 90522. unless acquired under federal or state antitrust laws for such owmhargcs relating to the particular goods or semices otherwise specified on this order. If pemmissinn is given to prepay freight and charge separately, the original freight purchased or acquired by the Parchaer 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 parts of the country, shipment is Ifncc Purchaser directs the Seller to cancer 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 Pumhasa and the Seller, and the Seller thereafter indicates its inability or umvillingncss to comply. the Purchaser shipments am made from greater distance. may cause The work to be performed by the most expeditious means available to it. and the Seller, shall pov all costs associated wish such work. Permits. Seiler shall procure at sellers sole cost all neeasary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and roles of the state, 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 haulm, from and against all liability and less incurred by them by reason of an asserted or established violation of any such laws, regulations, nrdinances, rules and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact. bona fide and pasess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Terris and conditions stated herein set forth and now supplementary or ndditional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposal by seller arc objected found hereby rejected. ?.DELIVERY. PLEASE ADVISE PURCHASING AGENT immcdiatelv if yen cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthe essence. Delivery and perfommncc most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries, shall opente 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 ofplacing 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 foreseeable which me beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or militarynuthomies. governmental Formic,. fives, strikes, Food, epidemics, wars or riots provided That notice of the conditions causing such delay is given to the Purchamr within five (5) days ofthe 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 reason ofthe delay. 3. WARRANTY, The Seller warrants that all gads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes 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 Inns, damage or expense which the Purchaser may su Rer or incur on account ofthe Scllcrs breach of wamnty. 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 time as may he prescribed by law or by the terms ofany applicable wmrnnry provided by the Seller after the date of acceptance of The goods famished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or material, famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver crafty 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 ofthe foregoing wamntics or guarantees. but such liability shall in no event include loss of profits 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 chances to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from The gnantities edginnlly ordered in the specifications or dmmings, by verbal or written change order. If any such change affects the amount due or the time of perfommance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the gads then not shipped, subject to any equitable adjustment betwmn the panics as to any mark or materials then in pmgress pmvidcd that the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted portion ofthe 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 Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to anv 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 ordered. 8. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced, sold, delivered and burnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnifv and hold the Purchaser hamdess from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party sholl assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior,erittcn consent of the other parry. 10. TITLE. The Sella wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all Iicns, restrictions resenmtions, security interest encumbrances and claims of others. The Seller shall release the Parchow, and its contractors of any tier from all liability and claims of any nature resulting from the performance o'such work. This release shall apply even in the went of fault of negligence of the parry released and shall extend to the directors, officers and employees oLsuch parry. The Seller's contractual obligations, including warranty, shall not be leered to be reduced, in any way, bccausc such work is performed or caused 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 nad 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 reason of such infringemeat at any time during the Pruseeution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the i c of said equipment or part 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 parts, replace the same with substantially equal but noninfringing equipment, or mndify it so it becomes nnninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition, oftcm., used or the interpretation ofthe agreement and the rights ofall ponies hereunder shall be construed ender and govemal by the laws ofthe State of Colnmdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Represenative(s). on the promises ofothas. 17. SELLERS RESPONSIBILITY. The Scllcr shill carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or minerals before Seller', final completion and necepnnce, complete the work at Sclia's own expense and to the satisfaction of the Purchaser. When materials and equipment are Famished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle .came at the site and become responsible therefor as though such materials and/or equipment were being fumished 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 can comprehensive parrot liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and dcnth limits ofar Icasm S300,0*0 for any one person. S500,000 for any one accident and pmpem damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for math compensation and insurance. Before any of the Scllcrs or his contractors employees shall do anv work upon the premises ofothcrs. the Seller shall famish the Purchaser with a catificam that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cmiBcates shall specify the date when such compensation and insumncc expires. The Seller agrees that such compensation and insurance shall he 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 nad all damage, In,, or injury nfany kind or nature whmnocver to persons or preperty caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers. agents and employees form and against any and all claims, losses damngcs, charges or expanses, whether direct or indirect, and whether to persons or property to which the Purchnscr may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees In case any suit or other proceedings shall be brought against the Purchaser, or its oRcem, 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 anv of its or their officers, agents or employees as aforesaid. the Seller herohy agrees; to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be intoned by or obtained against the Purchaser or any of its or their officers. agents or employees in such suit, or miner proceedings. and in case judgment or other lien be placed upon or obtained against the properly of The Purchaser. or said panics in or as a result ofaeh suits or other proceedings, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all enardn necessary for the prevention of accidents, comply with all Irv, and regulations with regard to safety including. but without limitation. The Occupational Safety and Health Act of 1970 and all rules fund regulations issued pursuant have, Revised 03/2010