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HomeMy WebLinkAbout111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9141586Fort Collins Date: 03/18/2014 PURCHASE ORDER Vendor: 111572 WESTERN UNITED ELECTRIC SUPPLY 100 BROMLEY BUSINESS PKWY BRIGHTON CO 80603 PO Number Page 9141586 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 03/17/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 6990-8829 50 EA 160.6000 8,030.00 boxpad for single phase xfiner BOXPAD, 37" X 43" X 15" FOR SINGLE PHASE TRANSFORMER, WITH MINIMUM OPENING 22" DEEP X 23" WIDE. TIE -DOWN BRACKETS TO BE INCLUDED. ARMORCAST, A6001843X15PSNM; NORDIC FIBERGLASS, CBP-37-43-15A WITH AB-2; 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@fogov.com 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 exemptions. By statute the City of Fan Collins is exempt from state and local rain. Our Exemption Number is 98-W502. Federal Excise Tax Exemption Certificate of Registry 84-61100582 is registered with the Callecmr of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smluto 1973. Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due to failure m used sped formal, either when shipped or due to defects of damage in transit. may be resumed to you for credit and are not to be, replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection an arrival. Final Acceptance. Receipt of the merchandise, services or quipment in national, to this older can mull in amhcriuJ pt,mml on the For of the City of Fall Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upone mpletionofall applimblerequinN impaction procedures. Freight Terms. Shipments ..it be F.O.B., City of Fan Collins, 900 Wood Sr., Fort Collins, CO 80522, unless otherwise specified on this order, if pemtission is given to prepay freight and charge separately, the original freight bill must accompany invoice. AJd'uional charges for packing will not be areepled. Shipment Distance. Where mnnnlheturers have distributing palms in n pans of the country, shipment is expected from the noted, distribution point to destination, and excess freight will be deducted from Invoice when shipments are male from greater distance. Permits. Seller shall preoure at sellers sole wit all emission, pemrirs. cenificatea ad licences required by all applicable laws, regulation,, ordhmncn and mles of me ante, municipality, mmtory in Political subdivision where the work is performed, or required by any omen duly constituted public authority having jurisdiction over the work of vendor. Seller bunker agrees or hold the City of Fiat Collins hamins from and against all liability and loss incurred by hem by reason of an nsmned or established vmllaam of any such laws, regulations, eakiarmces, miss and requirements. Authmi-lion. All ponies to This conload agree that me repasmnatives are, in fact, bona fide and pox a. full and complete amhonly to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to me terms and conditions scared herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rcjacted. 2. DF.LIVF.RY. PLEASE ADVISE PURCHASING AGENT immediately ifyou wnrot make wmplete shipment Ira arrive on your premised delivery dale m noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase maker and the documents attached herem. No acts of the Purchaser including, without Iimitaid, acceptance of,ramil Irate deliveries, shall Wemm as a waiver ref this provision. In the even[ ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and bolding slue Seller liable for dammges. However. the Seller shall nu[ be liable for damages as . result of delay due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such xd6 of Gd, acts of civil or military outhmities, governmental priorities, fires, s ekes, 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 he Seller first received knowledge thereof In the event of any such delay, the dare of delivery shall be extended for the peed equal to the time actually lost by t don of he delay. J. WARRANTY. The Seller warrants mat all goods, oriels, materials and work covered by this cake, will conform with applicable drawings, specifications, sample and/or other descriptions given, will be fit for he purposes intended, and perforated with the highest degree of care and wmpemnce in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the producer hamilas from any lass, damage or expense which the Purchaser may sufferor mar or nice ... I of the Sellers breach y dfwarma . I'he Seller shall replace, open it or make goad, wimool dis, a 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 terns of any applicable warranty provided by the Seller after the dare of cdfunce of the gents Combined hereunder (acceptance not to be unreasonably delayed), retailing from imperfect or defective work done or materials famishd by the Seller. Acceptance or sue of goods by the Purchaser shall not ondimte a waiver of any claim under this warranty. Except as other sibe prmidd in this plaidence, older, the Sellers liability heemder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guarantees, bur such liability shall in no ad. mail & loss ofp.fi. or loss of use. NO IMPLIED WARRANTY OR MERCHANI'ABILTTY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMM ERC1AL T ERMS. The Purchaser may make any changes 1. the rem¢, other than legal terms, including additions td or deletions from the qumd des originally ordered in the specifications or mawinga, by visual or wnnen change under. If any such change affects the amount due or the time of perfo nianre hereunder, an countable adjustment shall be made. 6. TERMINATIONS. The Purchaser may an any time by woman change order, terminate this agreement as to any or all porno of me goods then not shipped, subject to any en equitable adjusbmm ma t baboxthe parties as m any work or mnalsthen in progress provided mat the Poorhouse, shall not be liable for any claims for anticipated profits on the uncompleted Ionian ofthe goods and/or work, for incidental or consNuemial damages, and that no such Wjuslmem be made in favor of the Seller with respect to any goads which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be reamed wihm thirty (30) days from the dam the change or Nrminatio t is odered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and rcgula6on, m which the goods ore subject The Seller shall execute and deliver such documents as may tin required ro effect or evidence compliance. All laws and regulations required m be incorporated in agreements of this character are hereby inemPommd 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 recall of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or o became due hereunder wW oft the prior written cansml ofthe ohe, party. 10. TITLE. The Seller warrants bill, clear and unnntri,td title to the Purchaser for all equipment anducials, and items fumishd in pdFamuance of this agnc,mcal, free and clnr of any and all It,., resWcdan,, reservation, smurity interest encmnbrdnen and claims of others. 11. NON WAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, bailme or delay to examse any rights or rowdies provided herein or by law, failure to promptly notify the Seller in me event of a b cliff, he acceptance for payment far goods hereunder or approval of the design, shall not release he Seller of any of the warranties or obligaions of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hconfor any of in rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to etry prior or subsequent default hereunder, nor shall any purported owl modification or rescission of this purchase order by the Purchaser operate m a waiver of any of the terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller ad he Purchaser recognize that in actual eeoommc practice, o erchatim; resulting from antilrusl violations we in fact home by the Purchaser. Theretufore, for good drum and as consideration for exeenting this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or slate antiwst laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to career nonconforming ar defective ... do by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafte, indicates i,, mobility or unwillingness to comply, the Purchaser may douse the work m be performed by the mast a.,subllom mean available to it, and the Seller shall pay all roots znocided with such walk. The Seller shall release the Purchaser and its wmracmrs of any tier from all liability mad claims of any asome resulting farm the performance of such work. This release shall apply even in me event of fault of negligence of the party released and shall extend to the directors, aRcers and employees afsuch party. The Seller's cmnpelual nbligaions, including waarmay, shall not be deemed to be reduced, in any way, because such work is performed or cooked to be performed by the Purchaser. 14. PATENTS. Whenner the Seller is required m use any design, device, matard or process cmmed by letter. patent, trademark copyright. the Seller shall indemnify and save harmless he Pendulum from any and all claims for intonational byreus n of the e of such patented design, device, material or process in connection with the contract and shall Indemnify the Pardoner for any cost expense or damage which it may be obliged to pay by reason of such inGtngement at any ,into during he pnus¢mian or oiler me wmplerien of me work. In case said eq.ip..t, or any pan thereof or he immded use of the goods, is in such suit held to constitute inGngement and the use of said ryuipment or pan is enjoined, me Seller skill. at its own expense and at its option, either pracme for the Purchaser the right 4, common, using said equipment or pans, replace the same out substantially equal but noninfnnging equipment, or modify it so it heroines ndainfinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make as assignment far the benefil of creditors, appoint e mamiver or trustee for any of the Sellers property or business, this maker may forthwith be eanald by me Purchaser within., liability. 16. GOVERNING LAW. The definition, offic s tuM or the multipliation ofthe agreement and the rights of all parries hereunder shall be, consumed under and ... cmed by the laws ofthe Sam of Colorado, USA. The fallowing Additional Conditions apply only in cases where me Seller is to perform work hereunder, including the services of Sellers fammendrox, s), an the premises of others 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work At Sellers awn risk until the same is Polly completed and accepted, and shall, fix case of any accident. destruction in injury to me work anNor materials before Seller's final completion and acceptance, complete the wok al Sellers own expense and to the satisfaction of the Purchaser. When material and apripmmt are famished by others for installation or erection by the Seller, me Seller shall receive, unload, store aml handle some at the site and become responsible therefor as dough such materials =Nor a tuipmmt were be, fumiehed by the Seller under the order. 18. INSURANCE. The Seller ahall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employd 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 carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limit, of at least 5300,000 for any one person, 55(mdmar for any one accident and property damage limit per accident of S400,000. The Seller shall likewise acquire his concrommers. if uny, to provide far such compensation and insurance. Before any, of the Sellers or his cmmmctors employees shall do any work upon the premises milliliters, the Seiler shall famish the Purchaser with a renifdote that such compensation and immune have been provided. Such cenificatn shall specify the daze when such composition and insurance have been provided. Such cenificatn shall specify the date when such compensation and insurance expires. The Seller agrees that each compensation and insurance shall be maintained will and me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENT'S AND DAMAGES. The Seller hereby esimnes the entire respanamil ily and liability fro any and all damage, loss or injury df any kind or nature whatsoever to persons or property caused by or resulting from the execution of he work provided for in this pure era order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any in all of the Pardwers officers, agents and employees from and against any and all claims, losses, damage, charges or expenses, whether direct or indirect. and whether to net or propmy to which the Perchaur may be put or subject by reason of any act, anion, neglect, omission or default on he pan of he Selles, any of his wmmctors, or any of he Sellers or commmors oRcers, agents or employees. In case any .it or chef proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by town of my act, action, neglect, omission or default of the Seller of any of his contractors or my of its or heir aRcers, ago. or employees as aforesaid, the Seller hereby time, to assume the defense hereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, anomaly fees aM other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my of its or heir affcers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtuined against the property of me Purchaser, or said parties in or n, a mark of such suits or other proceedings, the Seller will at once cause the sane to be dissolved and discharged by giving bond at otherwise. The Seller and his commnors shall take all safety precautions, f.mlsh and install all gmrds neeessary for the prevention of accidents, comply with all law, and regulation with regard to safety including, but without limitation, he Occupational Safety and Heelth Ad of 1970 and all mle, and regWodons issued pursuant hereto. Revised 03nW0