HomeMy WebLinkAbout111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9141305PO
PURCHASE ORDER 914130er Page
City of PURCHASE
9141305 1 of z
' `t CollinsChis number must appear
` " 1'�7 on all invoices, packing
sli s and labels.
Date: 03/03/2014
Vendor: 111572
WESTERN UNITED ELECTRIC SUPPLY
100 BROMLEY BUSINESS PKWY
BRIGHTON CO 80603
Ship To: UTILITY SERVICE CENTER - WA
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 02/28/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 7034-1080
electronic lighting control
1500 EA 3.9600 5,940.00
CONTROL, LIGHTING, ELECTRONIC, 105-305V, 1.0 FCS TURN -ON STD. CELL,
320J MOV. TWIST -LOCK
DTL, DP124-1.0-1707-J50;
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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 $5,940.00
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
1. COMMERCIAL DETAILS.
Tax cxcmplions. Bystander the City of Fon Collins u exempt tram state and laal mats. Our Exemption Number is
I I. NONWAIVER.
984F1502. Federal Euue Tan Exemption Certificate of Registry 84-000587 is registered with the Collector of
Failure of gut Purchaser to insist upon strict performance, of the terms anal conditions hereof, failure m delay to
Infrraal Revenue. Dover, Colorado (Ref. Colorado Revisal Sarmes 1973, Chapter 39-26, 114 (a),
exercise any rights or remedies provided herein or by law, failure to promptly notify do, Seller in dre event of a
breach, gut acceptance ofor payment for goad hereunder or approval ofNe design, shall rot release the Sella of
Good Rejected. GOODS REJECTED due m failure 0 meet spaifications, either who shipped or due to defil of
my of the warmonger or obligations of this purchase order and shall nor be deemed a waiver of any right of the
damage in transit, may la, rebound to you for credit and are not to her replaced except upon receipt of written
purchaser on insist upon strict performance hermfer any of is rights or remedies ss to any such goods, reporters;
Instructions from the City of Fort Collins.
of who shipped, received a mceptal, as a any, prior or subsequent default hereunder, nor shall any purported
road modification or abscission of this purchase order by the Purchaser openhe ss a waiver of any of the or.
Impection. GOODS arc subject to the City affront Collins inspection on am al.
hereof.
Fire[ Acceptance. Receipt of the merchandise, sarbrin or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorised payment on the part of the City of Fort Collins. However, it is to be understand that FINAL
Seller and the Purchaet recognize that in actual economic practice, overcharges resulting fmm antitrust
ACCEPTANCE is dependent upon completion ofell applicable required inspection procedures.
violations are in fazt home by the Purchavm. Theretoforefor good cause and as consideration for executing Nis
Purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have ar hereafter
Freight Tents. Ship m..N as, be F.O.B., City of Fair Collins, 700 Wood St, Fan Collins, CO 80522, unless
acquired under federal or state a titmst laws for such overcharges relating to the particular goods or services
otherwise specified on this Omer. Ifpemrission is given to prepay Freight and charge sepmately, the original freight
pumhased or acquired by the Purchaser pursuant to this purchase Omer.
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the nearest distribution point to destireron, and excess freight will be deducted from Invoice when
shipments or made form greater distance.
Peoria. Seller shall praure at sellers sole cast all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and roles arm, state, municipality, territory or political subdivision where
the work is performed, or required by any other duly consiiN4d public authority having jurediction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless tram and against all liability and two
mural by them by reason of an mr nod or aablishN violation of my such laws, regulations, ordinances, ales
and requirements.
Authometion. All Was; to this contract agree that the repmsenativer are, in fact, born fide and possess fall and
complete authority to bind said pmies.
LIMITATION OF TERMS. This Purchase Omer expressly limits acceptance to the trans and onditions sated
herein set fond and any supplementary or additional terms and conditions annexed hereto or incoryontcd herein by
reference. Any additional or different tams and conditos proposal by seller are &jeered to and hereby rejectal.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately Wynn ..at make complete shipment to arrive on your
promised delivery dale 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 hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late dr ivenes, shall operate as a waiver ofthih provision. In the event army delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this Omer 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 are beyond its reasonable control and without its fault ofnegligence,
such acts of God, acts ofcivil or military authorities, governmental prionties, fires, strikes, flood, epidemics, 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 be
extended for the Period equal to file time actually lost by mason of the delay.
3. WARRANTY.
The Seller warrants that all good, uncles, maamrda and work covered by his .,it,, will conform with applicable
drawings, specifications, samples andlor other descriptions given, will M fit for the puryoaes intendal, and
perfomed with the highest degree of art and cooperate In accordance with accepted standard for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which fire
Purchaser may suffer m incur on mcomt of the Sellers breach of warranty. The Sella shall replace, repair or rake
good, without cost to din, purchaser, my defects or faults arising within one (1) year or within such larger period of
time as may be prescribed by law or by the terms of my applicable warranty pravmed by the Seller after the, date of
acceptmtt Of the good burnished hereunder (aceeprmtt not an be wurawmbly delayed), resulting Isom imperf t
or di fetive weak time or hammerer fca ishal by the Seller. Acceptance or rue of goods by the Purchaser shall not
rearehime is waiver of any claim under this wamnty. Except m otherwise provided in this purchase order, the Sellers
liability hereunder shall abroad to all damages proximately caused by the breach of my of the foregoing wamntin
or guarantees, but such liability shall in no event include loss ofprofa 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 changes to legal terms by written change Omer.
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 quantities originally ordered in the specifications or drawings, by verbal or written change Omer. If any such
change affects the amount due or the time mpabir acre hang nda, ea equitable adjustment shall be mode.
6. TERMINATIONS.
The Purchaser may at any time by women change order, terminate this agreement as to any or all portions of the
good then not shipped, subject to my equitable adjustment between the parties in to my work or materials then in
progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted
portion of the good mdmr work, for incidental or consequential damages, and that an such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stock. No such amimtion shall relieve
the Purchaser or she Seller army of their obhrhdoor m an any good delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
A, claim for adjustment most be acsened within thins (30) days from the dta the change or frmimtion is
ordered
8. COMPLIANCE WITH LAW.
The Sella warrants Rat all goods sold hereunder shall have been produttd, sold, delivered and f ished in strict
compliance with all applicable laws and regulations to which the good are subject. The Sella shall execute and
deliver such documents in may be ra[uired m effect in evidence compliance. All laws and regulations required to ha
arromated in agreements of this character are hereby incorporated herein by this acifireance. The Seller agrees an
indemnify and hold the Pmchxser harmless from all costs and damages suffered by the Purchaser ns a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, handle, or convey this order, or my monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furbished
in performance of this agreement, free and clear of any and all firs, restrictions, reservations, security interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE. OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause Ore work to be performed by the most expeditious means ... Rare to it, and the Seller shall pay all
vests associated with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of my nature
resulting Gom the performance afsuch work.
This release shall apply even in the but of fault of negligence of the patty released and shall extend to the
directors, aMO. and employes afsuch patty.
The Sidles contrzetund obligations, including warranty, shall nat be deemed to W rMrced, in my way. because
such work is performed or roused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller u required to use any design, device, material or process covered by letter, patent, trademark
r copyright the Seller shall indemnify and save harmless gue Purchaser from any and all claims for infHngemem
by reason of the use of such patented design, that.. mmmai or process is comectim with the conmm, ram
shall indemnify the Purchaser for my cos, expense or damage which it nay be, obliged to pay by reason of such
infringement at my time during the resignation or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held an constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either praure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
n ginfreging equipment, or modify it so it becomes noninfdnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
Or mastee for any of the Sellers property err bought., this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions armors used or the interpretation of the agreement and the rights of all parties hereunder shall be
conserved maker and gavemed by the laws of the Sate of Colorado, USA.
The following Additiowl Conditions apply oNy in cases where she Sella is to perform work hereunder,
including the services of Sellers Reproargative(s), an the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry an said work at Seller own risk until the same is fully completed and accepted, aid shall.
in rose of any acciden, destruction or injury b the work and/or matenaa before Sellas final completion and
mcep., complete the work or Seller own expense and to the satizfactim of the Forchazer. When nateri is
and aryimumt are famished by others for insulation at erection by the Sella, the Sella shall receive, unload,
store and handle same at the site and become responsible therefor as &Gogh such materials OmAr equipment
were being fimuhed by the Sella wader the order.
I S. 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 overed by this purchase Omer,
ardor to their dependots in accordance with the laws of the hats in which the work is to be done. The Seller
shall also carry comprehensive Renard liability including, but not limited to, onmetual and automobile public
liability insurance with bodily injury and derh limits of at leant S300,OM for my one person, E5go." for any
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
cantracmrs, if any, to provide for such cumpensatim and inurnam. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenificaf
that such compensation and insurance have been provided. Such certificates shall specify the dale when such
eompemetion and insurance have been provided. Such cenifcams shall specify the doe who such compensation
and insourrouric expires. The Sella agrees that such compensation and insurance shall be maintained until after the
entire work is complaint and mceptal.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby auumn the entire responsibility and liability for my and all damage, loss or injury army kind
r nature wbotsaver to persons or property caused by or resulting from the execution argue work provided for in
this purchase Omer m in conrncstim h nowifh. The Seller will in hounify and hold harmless the Purchaser and my
cr all of the Forebears offsetegemya s and art'h n tram and against any and all claims, losses, damages,
harges err expenses, whether direct at indirect and whether to perwra or property to which the Producer may
be put or subject by reason of my act action, neglect, omissim or default on the pan of the Sella, my of his
ontracton, or my of the Sellers at eonuutors officers, agents or employees. In case my suit or other
proceedings shall M brought against the ge ehasar, or in.ffcas, agents or employees err any time on account or
by mown of my act, netion, neglect, omission or default of the Seller of my of his contracmrs or any of is or
their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense them( rob to
defend the same at the Sellers own estrange, to pay any and all costs, charges, anxineys fees and other capita ,
my and all judgments that may be incurred by or obtained against the Purchaser or any of is a their oficers,
agents or employees in such suits or other proceedings, and in case judgment or other lien b< placed upon or
arranged against the property of the Purchaser, or said parties in or as a result of such .in ar other proceedings,
the Seller will at once cause the some to be dissolved and dischargal by giving bond or otherwise. The Seller and
his contractors shall take all safely precautions, Finnish and install all goads 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 ma and regulations issued pursuant thereto.
Revised 03/2010