HomeMy WebLinkAbout111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9123175PURCHASE ORDER PO Number Page
City of PURCHASE
9123175 1 of z
`t Collins This number must appear
on all invoices, packing
slips and labels.
Date: 06/01/2012
Vendor: 111572
WESTERN UNITED ELECTRIC SUPPLY
100 BROMLEY BUSINESS PKWY
BRIGHTON Colorado 80603
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
1 6709-1152 400 EA 19.3400 7,736.00
3 Pos, streetlight connector
06D3
CONNECTOR, 3 POSITION SUBMERSIBLE, #14 - #1/0 AWG, 2 CONNECTIONS ON ONE SIDE AND 1 ON
THE OPPOSITE SIDE, FOR USE IN STREETLIGHTING APPLICATIONS.
HOMAC, RAB 1/0-21;
Delivery: 2 weeks
Price and delivery per Brian Baseflug
C3. Oi'l::sQ L
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill Il, 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:
$7,736.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchasc Order Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt from state and ImrI axes. Our Exemption Number is
95-04502. Federal Excise Tax Exemption Certificate of Registry 94-W(X)587 is registered with the Collector of
Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a).
Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or dnc to defects of
damage in transit. may be returned to you for credit and arc not to be replaced except upon receipt or mrinco
insmetions form the City of Fort Collins.
Inspection. GOODS are subject to the City of Fen Collins inspection on arrival
11. NONWAIVER.
Failure of the Purchaser to insist apon strict Performance of the terms and conditions hereof. failure or delay to
exercise any rights or rcmcdics provided herein or by law, failure to promptly notify the Seller in the event of n
breach, the acceptance ofor payment for goods hereunder or approval ohhc Acsign, shall not release the Scllcr of
any of the warnntics or obligations of this purchase mrdenand shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance bereofor any of its rights of rcmcdics as to any such goods. regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any parpamed
nml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
hcrcnf.
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 Fen Collins. Hoocver. it is to be understood that FINAL Seller and the Purchaser recognize that in actual vermomic practice, overcharges resulting form antitrust
ACCEPTANCE is dependent upon completion ofnll applicable required inspection procedures. violations arc in fact borne by the Purchase, Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or herca0cr
Freight Terms. Shipments must be F.O.B., City of Fen Collins, 7W Wood St., Fort Collins, CO 90522. unless acquired under fedcml at state antitrust Imes for such overcharges relating to the particular good or services
otherwise specified on this order. 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.
Shipment Distance. Whcm manufacturers have distributing points in various parts of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will he deducted from Invoice when
shipments arc made from greater distance.
Permits. Seller shall procure at sellers sole cast all necessary permits, eemi&aces and licenses required by all
applicable laws, regulations, rdinznees and rules of the state, municipality, territory or political subdivision where
the work is performed, or required by tiny other duly constituted public authority having jurisdiction over the work
of ecodor. Seller further agrees to hold the Citv of Fort Collins hamdess from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, onlitunccs, roles
and requirements.
Authorization All parties to this contract agree that the rcpmsentztives arc, in fact. bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temis and conditions stated
hercin set fonh and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different tcmts and conditions proposed by seller are objected to and hereby rcivocd.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
premised dclivery date as noted. Time is of the essence. Delivery and performance must be elected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without
limitation, acceptance ofpartial late deliveries, shall micron, as a waiver of this provision. In the event office delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order cl cwhcrc
and holding the Seller liable for damages. Hoaxer, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence,
such acts of God, acts ofcivll or military mahmitics, governmental prioutica, fires, strikes, food, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of flue
time when the Scllcr first received knowlcdgc thereof. In the event of any such delay, the date of dclivery shall be
extended for the period equal to the time actually lost by reason critic delay.
7. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with opalicnhle
drawings, specifications, samples and/or other descriptions given, mill 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 purehu a, harmless form any Inss, damage or cxpcnse which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace. repair or make
good. without cat to the purchaser, any defects or faults arising within one (I) year at within such longer period of
time as may be prescribed by lam ar by the Icings of any applicable warranty pmvided by the Seller aRcr the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting form imperfect
or dcfmtiec mork done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise pmvided 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 gic antes,, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WA R RA NI
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHA IT, APPLY.
4. CI IANGES IN LEGAL TERMS.
The Purchaser may make changes to legal teats by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal tent, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If tiny such
change affects the amount due or the time ofperformanee hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, werninete this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in
pmgrect provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no soh adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve
The Purchaser or the Seller of any of their obligations as to any goods delivered hcrcundcr.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustnuent must be asserted within thirty, (30) days from the date the change or germination is
indicted.
S. COMPLIANCE WITH LAW.
The Seller ..at., that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable lases and regulations to which the goods arc subject. The Seller shall execute and
deliver such documents as nay be required to effect or evidence compliance. All Imes and regulations required to be
incorporated in agrecmenl of this character arc hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such Ire.
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 ohhc other parry.
10. TITLE.
The Seller warnings full, clear and unrestricted title to the Pumbascr for all equipment materials, and items furnished
in performance of this agreement, free and clear of any and all licit restrictions, reservations, security interest
encumbrances and claims creation,
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser direct, the Scller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchnscr
may cause the work to be performed by the most expeditious means nvailable m it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contractors of an_v tic, form all liability and claims oface nature
resulting form the perfomance fsuch work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors. officers and employees of such party.
The Seller', contractual obligations, including warranty. shall not be devoted to be reduced, in any way, because
such work is performed or causcd to he performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or pmecxs covered by letter, patent. trademark
or copyright, the Seller shall indcnmi(v and save harmless the Purchaser from nay and all cluims for infringement
by reason of the use of such intended design, device, material or process in connection with the contract. nail
shall indemnify the Purchnscr for tiny cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the stork. In cam said equipment. or
any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of
.said equipment ar pan is enjoined, the Seller shall, at its own expense and at its option. either pressure for the
Parehasr the right to continue using said equipment or pans, replace the same with substantially equal but
nonin(ringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrup, 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 definitions ofmMm used or the interpretation ofnhe agreement and the rights ofatl parties hereunder shall be
eonstmed under and governed by the Imes of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hcrcundcr.
including the services of Sellcm Rcprescntativels), no the premises of othcrs.
17. SELLERS RESPONSIBILITY.
The Seller shall tarty on mid work at Sellers own risk until the same is fully completed and accepted, and shall,
in ease of any accident deewetion or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work al Seller's oxen expense and to the satisfaction of the Purchascr. When materials
and equipment are famished by others for installation or crmlion by the Seller. the Seller shall receive, onlaad.
store and handle same at the site and become responsible therefor as though such materials and/or equipment
wem being fmnklicd by the Seller under the order.
I N. INSURANCE.
The Seller shall, at his own cxpcnse, pmvidc 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 mork 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 at least S100,011s) for may one person. S500,00to far any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, Wary. to pmvidc for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises ofmhers. the Scllcr shall furnish the Parchascr with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been pmvided. Such eertificntes shall specify the date when such compensation
and insurance expires. The Scllcr agrees that such compensation and insurance shall he maintained until after the
entire work is completed nod accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury of any kind
or nature whatsoever to persons or pmpeny caused by or resulting from the execution ofthc work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hamilcss the Purchaser and any
or all of the Purchasers officers. agents and employees form and against any and all claims. losses, damages,
charges or expenses, whether direct or indirect, and whether to Persons or property to which the Parchascr may
be put ar subject by reason of any act action, neglect. omission or def.+all 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 Purchnscr, 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
Ihcir officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own cxpcnse, to pay any and all costs, charges, attorneys fires and other expenses.
any and all judgments that gory 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 ease judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings,
the Seller will at once cause the somc to he dissdved and discharged by giving bond orotherwise. 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 mles and regulations issued pursuant thereto.
Revised 03/2010