HomeMy WebLinkAbout111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9123663City Of PURCHASE ORDER PO Number I
Page
9123663 1 of 2
`t This number must appear
Collins1 on all invoices, packing
slips and labels.
Date: 06/25/2012
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: 06/22/2012 Buyer: OPAL DICK
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 6714-2313 500 EA 73.6000 36,800.00
1 ph fault indicator- 1/0
67142313
06A2
FAULT INDICATOR, SINGLE PHASE (FOR 1/0 CABLE),
800 A TRIP, MANUAL RESET, SUBMERSIBLE, SHALL BE
HOTSTICK APPLICABLE.
POWER DELIVERY PRODUCTS / HORSTMANN, 22-05-50-000-800;
Cam, c3. oi�e�
U
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:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from.state and local taxes. Our Exemption Number is
98-04502. Pcdcral Excise Tax Exemption Certificate of Registry 94-MOO587 is registered with the Collector of
Internal Revenue. Denver, Colorado (Refs Colorado Revised Statutes 1973, Chapter 39 26. 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet .specifications, either when shipped or due to defects of
damage in tonic, may be returned to you for credit and arc not to be replaced except upon receipt of wrircn
instructions from the City of Fon Collins.
Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival.
11. NONWAIVER.
Failure of the Pumhaser to insist upon strict performance of the terms and conditions hercof. fnihum or deav to
exercise any rights or rcmcdics provided herein or by law, failure to promptly notify the Seller in the event of a
breach. the acceptance ofor payment for goods lo,mander or approval ofthc design, shall not release the Seller of
any of the wamnties or obligations of this purchase order and shall not be dcemed a waiver of any right of the
purchaser to insist upon strict Performance hcrcnfor any of its rights or rcmcdics as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor ,shall any parponed
oral modification or rescission of this purchase onlcr by the Purchaser operate as a waiver of nny of the remu
hcrmf.
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. Howarer, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resadtlng from antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection proeedumc, violations arc in fact home by the Purchaser. 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 mmancr
Freight Tcros. Shipments must be F.O.B., City of Too Collins, 700 Wood St.. Fort Collins. CO 90522. unless acquired under federal or state antitrust laws for such overcharges rehiring to the particular goods or scrvicess
otherwise specified on this order. If permission is given to prepay freight and charge epommy, the original freight purchased or acquired by the Pun hnser pursuant to this purchase order.
bill most accompany invoice. Additional charges for packing will not he accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconfo nning 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 ashen Purchaser and the Seller. and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments arc made from gmatcr distance. may cause the work to be perfumed by the mast cxpedirinus means available toit. and the Scllcr shall pay all
cunt, associated with such work.
remits. Seller shall procure, at sellers sole cost all mecssary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rules 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 Farber agrees to held the City of Fort Collins hamlms from and against all liability and loss
incurred by them by reason of an asserted or established violation crony such laws, regulations, oalinanccs rules
and requirements.
Authorization. All parries to this contract agree that the representatives are, in fact. hona fide and possess fill and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated.
herein set Poch and any supplementary m additional terms and conditions annexed hereto or incomomted herein by
reference. Any additional or different toms and conditions proposed by seller are objected to and hereby reiceted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
premised delivery date as noted. Time is ofthe essence. Delivery and perfomanee 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 ofpanial late dclivcrice, shall operate as a waiver of this provision. In the event of nny delay,
the Pumhuscr shall have, in addition to other legal and equitable rcmcdics, the option ofplaeing this orler 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 arc beyond its remonabhe control and without its (fault of negligence,
such acts ofGtd, act, of civil or military authorities, governmental priorities Fires, strikes, Bond, cpidcm ics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller First received knowledge thereof In the event of any such delay. the date of delivery shall he
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller wamnts that all goods, orrielcs, materials and work coveted by this order will conform with applicable
dmwings, specifications, samples and/or other descriptions given, wilt be fit for the purposes intended, and
Performed with the highest degree of care and competence in accordance with accepted standards for aa'ork of a
similar nature. The Seller agrees to hold the purchaser hairless them any Inns, damage or expense which the
Purchaser may sit lfer or incur on account of the 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
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller aRcr the date of
acceptance of the goods fomished hereunder (acceptance not to he unreasonably delayed), resulting front imperfect
or defective work done or materials furnished by the Seller. Acceptance 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 order, the Scllcrs
liabi law hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wum. nties
or guarantees, but such liability shall in no event include loss of pmfits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchascr may make changes to legal tans by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchascr may make any changes to the terms. other than legal terms, including additions to or deletions from
the qunnitics onginally ordered in the specifications or dmwinge, by verbal or written change order. If any such
change affects the amount due or the time of perfomancc hereunder. an equitable adjuatment shall he made.
fi. TERMINATIONS.
The Purchmer may at any time by written change order, mminum this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the panics its to any work or materials then in
pmgress pmvidcd that the Purchaser shall not be liable for any claims for anticipated pmfits on 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 arc the Scllcrs standard stock. No such termination shall relieve
the Purchmer or the Seller of ayv of their obligations as to any gads delivered heramda.
7. CLAIMS FOR ADIUSTM ENT.
Any claim for adjustment must he nucned within thirty (30) days from the date the change or Icmination is
odcrcd.
8. COMPLIANCE WITH LAW.
The Seller wamnts that all goods sold hereunder shall have been produced, sold, delivered and fumishcd in strict
compliance with all applicable laws and regulations to which the gads arc subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and mgulations required to be
incorporated in agreements of this character are hereby incorporated herein by this rcfcrencc. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result ofthe
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 ofthe other party.
10. TITLE.
The Seller wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in inafomu mcc or this agreement free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims ofoflmrs.
The Scllcr shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the pefomance ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors. ofliccrs and employees of such party.
The Seller's contractual obligations, including wamnty, shall not be dcemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PA TENTS.
Whenever the Seller is required to use any design, device material or process covered by Jena. patent, radcmurk
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 indemnifv the Purchaser for any cost, expense or damage which it may be obliged m pay by reason of such
infringement at any time during the prosecution or aficr the completion of the 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 use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option. either pmeum for the
Purchaser the right In continue using said equipment or parts, replace the same with substantially equal but
noninfringing equipment, or mollify it so it becomes noninfringing.
15. INSOLVENCY.
If the Scllcr shall become insolvent or bankrupt, make net assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Scllcrs praperty or business, this order may forthwith be canceled by the
Purchmer without liability.
16, GOVERNING LAW.
The definitions ofwnus used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be
eommocd under and governed by the Imes ofthe State of Columdo, USA.
The following Additional Conditions apply only in cases when, the Seller is to perform work hereunder.
including the services of Scllcrs Rcpm,.,m.live(sk an the prcmiws of others.
17. SELLERS RESPONSIBILITY.
The Scllcr shall carry on said work at Seller's man risk until the saute is fully completed and acccptcd and shall,
in case of nny accident, destruction or injury to the work and/or materials before Seller's final completion and
.acceptance, complete the work at Sellers 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 same at the site and lu=mc responsible therefor as though such materials and/or equipment
were being famished by the Scllcr under the order.
18. INSURANCE.
The Seller shall, at his own expense, pmvide for the Puymcnt of w'orkcrs compensation, including occupational
disease hcncfits, to its cmployccs employed on or in connection with the work covered by this purchase order.
and/or to their dependents in accordance with the Imas 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 luck, Mot least S3010,000 for any no, person, S500.000 for any
one accident and pmperty damage limit per accident of S400.000. The Scllcr shall likewise require his
contactors, if any, to pmvide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises ofothem. the Seller shall famish the Purchaser with a ecnificate
that such compensation and insurance have been pmvidcd. Such eenifieates shall specify the date when such
compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation
and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until a0er 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 Ines or injury ofany kind
or nature whatsoever to persons or pmpery caused by or msulting from the execution ofthe work pmvidcd for in
this purchase order or in connection hcrcw'ith. The Seller will indemnify and hold hamakess the Purchaser and any
r nll of the Purchasers oRccrs, agents and employees from and against any and all claims, losses, damages.
charges or expenses. whmher direct or indirect, anti whether to persons or property to which the Purchnser 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 Sellers or contractors officers, agents or cmployccs. In case any suit or other
pocccxlings shall be brought against the Purchaser, or its officers. agents or employees at any time on account or
by reason crony act, action, reglcet, omission or default of the Seller crony of his contractors 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 m the Scllcrs own expense, to pay any and all costs, charges attorneys far and other expenses.
any and all judgments that may he incurred by or obtained against the Purchaser or any of its or their oflicem.
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the pmpcny ofthe Purchaser, or said panics in or as a result of such suits or other pmcecdings
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish 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 odes wed regulations issued pursuant thereto.
Revised 03/2010