HomeMy WebLinkAbout111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9141774Fort Collins
Date: 03/27/2014
PURCHASE ORDER
Vendor: 111572
WESTERN UNITED ELECTRIC SUPPLY
100 BROMLEY BUSINESS PKWY
BRIGHTON CO 80603
PO Number Page
9141774 1of2
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 CO 80521
Delivery Date: 03/26/2014 Buver: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 6550-8857 300 EA 121.8800 36,564.00
13 x 24", 1 OK secondary vault
65508857
BULK
VAULT, SECONDARY SPLICE BOX, 10,000 LB. STATIC LOAD OR ANSI
TIER 8 RATING, 13"W X 24"L NOMINAL OPENING, MIN. 18"H, FIBERGLASS
WALL WITH POLYMER CONCRETE FRAME & POLYMER CONCRETE
COVER IMPRINTED "ELECTRIC-10K", WITH 2 STAINLESS STEEL
PENTA-HEAD HOLD DOWN BOLTS, WESTERN U.G. COMM. APPROVED,
(SEE SUPPLEMENTAL SHIPPING INSTRUCTIONS)
HUBBEL/CDR, FCA132418T-90021;
HUBBEUCDR, ZZFCA132418T-00006;
NEW BASIS, FCA132418T-90043;
THE VENDOR / MFG FILE HAS DIFFERENT PART NUMBERS FOR THE
SAME MFG FOR EACH VENDOR EXCEPT WESTERN UNITED. WE HAVE
THEM LISTED WITH HUBBEUCDR WITHOUT PART NUMBERS.
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
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. COMMERCIALDEfAIM.
Tax exemptions. By statute the City of Fort Collins m exempt from scam and local cons. Our Exemption Number is
I I. NONWAIVER.
98-O4502. Federal Excise Tax Exemption Certificate of Registry 84-60005 W is registered with the Collector of
Failure of the Purchaser to insist upon stria Performance of the occurs and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref Colorado Revised Stations 1973, Chapter 39-26, 114 (a),
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller or the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall no, release the Seller of
Goods Rejected. GOODS REJECTED due to failure breed specifications, either what shipped or due to deposit of
any of the w'omnties or obligations of this purchase order and shall not be deemed a waiver of any eight of the
damage in cousin, may be resumed to you for credit nod arc rot to be replaced exact upon receipt of "aen
purchaser W insist upon strict peifumame hercofor any of its righm or remedies a to any such goods, rtgadl.
ir¢wetions from the City effort Collins.
of when shipped, received or accepted, in to any prior or subsequent default hereunder, we shall any purymtnd
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the firms
Inspection. GOODS arc subject to the City of Fun Collins inspection on arrival.
hereof.
Fowl Acceptance. Receipt of the merchandise, services or equipment in response to this order can mean in
12. ASSIGNMENTOFANTITRUSTCLAIMS.
authorized poymeer on the an of the City of Fort Collins. Ilowma, R is to be understood chat FINAL
Seller and the Purchaser tarpi n that in actual economic practice, overcharges resource tram antitrust
ACCEPTANCE is dependent upon completion mall applicable required inspection procedures.
violations am in fact Nome by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser eery and all dims it may now have or Recap¢,
Freight Teems. Shipments must be EOD., City of Fell Collin, 7M Wood St., ran Collins, CO 80522. unless
acquired under federal or auto antitrust laws for such overcharges miming to the particular goods or services
otherwise specified on this order. if permission is given m prepay freight and charge separately. the original f lgln
purchased or acquired by the Purchaser purstum an this puchae orde,
bill nun accompany i.... m. Additional charges for packing will not be amxpta.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where treandmtmers have distributing points in various pans of lice country, shipment is
I Fire Purchaser Matrix the Seller to correct nonconforming or defective goods by a damn be agreed upon by the
expected from the nearest di aribulion point to destination, and excess freight will be deducted farm Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser
shipments are made from greater distance.
may cause the work to No performed by the most expeditious mean available m it, and cede Sella shall pay all
costs uwcimed with such work.
Permits. Sella shall procure at sellers sale cost all necessary maids. cemificates and licenses camial by all
applicable laws, regulations, ordinmtces and roles ofthe state, municipality, murder, or polilical subdivision where
The Sella shall release the Purchuer and its contractors of any tier from all liability and claims of any nacre
the work is performed, or required by any other duly constiemd public authority having jurisdiction over the work
resulting from the performance ofsuch work.
of vendor. Seller further agrees to hold cede City of Fort Collin harmless, from and claims all liability and loss
incurred by them by sawn of an stu nod or established violation affinity such laws, regulation, ordinances, mles
This release shall apply even in cede event of fault of negligence of the parry rehoused anal shall extend to the
and requirements.
dicarers, oRvers and employees ofsuch party.
Autoriaaian. All p:o ies to this contract agree that the repraentwives are, in fact, bona file and possess full and
complete maccr ly to bind said panics.
LIMITATION OF TERMS. This Purchase Order upressly limits acceptance to to to= cook conditions stated
herein set forth and any somplarenury or additional to. and..data. annexed hereto or inemilocand herein by
reference. Any additional or different erms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifWu cannot make complete shipment to anion on your
prom and delivery date as noted. Time is of the assume. Delivery anal performance most be off yard within the new
sound on the purchase order and the documents aumhed harem. No acts of the Purchasers including, without
limitmina, acceptance uTsmi it late deliveries, shall opcm a as a waiver of this provision. In the near rf any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this aide, elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a mull of delays
due to causes not reasonably foresmable which are beyond its reasonable control surd without its fault of negligence,
such acts of God, acts ofervil or military w horilies, governmental priorities, fires, strikes, Bond, epidemies, wars or
rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when to Seller first received knowledge thereof In the event of any such delay, the date of delivery shall M
extended for the period equal to the time actually lost by reason of to delay.
3. WARRANTY.
The Seller warrants in., all Bonds, articles, materials and work covered by this order will conform with applicable
dmwi specifications, samples anllor outer descriptions given, will be fit for the purposes (mended, 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 hamlets form any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach ofwareaoty. The Seller shall replace, repair or make
gold, without con to the purchaser, any defects or faults wising within one (1) year or within such longer reveal of
one, as nary be prescribed by law or by the terns of any ep,I(cable warranty provided by the Seller oiler the date of
acceptance of to goods furnished hereunder (acceptance Out to be unreasonably delayed), resulting Stuart imperf t
or defective work done or materials f ishal by the Seller. Acceptance or unin of good by the Purchaser shall not
onstaute a waiver of any claim under this warmnry. Except a otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of my of the removing wamerams
or gnmmintess, but such liabil icy shall in no even, include lass of profits or lass 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 waiter change order.
5. Cl IANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes on the terms, other than legal terms, including additions to or deletions; Item
Me quantitin originally ordered in Me soccilcatiore m drawings, by veNal or wnnen change order. If any such
change aRects the amount due or the time ofperformance hereunder, an equitable adjustment shall be rude.
6. TE RMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to my or all portion of the
good ten not shipped, subject to any equitable adjustment between to parties as in any work or malcomb then in
progress provided chat the Purchaser shall not be liable for any claims for scompmN prefix on to 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 ut any goods which are the Sellers standard stock. No such termination shall relines
the Purchaser or the Seller of any rftheir obligations as to any goods delivered hereunder.
Z CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must h assured within bury (30) days from the date the change or mandration is
ordered.
8. COMPLIANCE WITH LAW.
no Seller warrants that all good sold hereunder shall have been produced, sold, delivered nod fumishnd in strict
compliance with all applicable laws and ragulations an which the goods arc subject. The Sella shall execute and
deliver such documents a may Ne required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorpmadl herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all cons and damages suffered by the Purchaser as a .all of to
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any monies due or to became due hereunder without he
prior written cement of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to to Purchaser for all equipment, materials, and items famished
in performance of this agreement free and clear of any and all lien, restrictions, reservations, security interest
encumbrances end claims of esters.
I he Seller's contractual obligations, including wrranry, shill not be devoted a be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is requital to use any design, device, material or parents covered by later, patent, trademark
or wpyrigbt rite Seller shall indemnify and s➢ve harmless be Purchuer from any and all claims fur mbingemem
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 reaon of such
infringement at any time during the pmmession or oiler the completion of the work. In case said equipment, or
any pan therm( or the intended use of the goods, is in such it held to constime infringement and the use of
said equipment or part is enjoined, the Seller shall, a, its own expense and m its optim, either procure far the
Purchaser the right to continue using said equipment or parts, replace the same with substantially and but
noninfringiag equipment or modify it sat it becomes neninfringing.
15, INSOLVENCY.
If the Sella shall become insolvent or bankrupt make an asslgmnent for the benefit of crediers, appoint a
receiver or munee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
no definitions Of. red or the interpretation oDhe ngreemem and to rights of all plains hereunder shall be
command under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to Perform work herewder,
including the services of Sellers Represenotivefs), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall car, on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in aw of any accident desemaion or injury to the work andtm materials barren beliefs final completion and
accepers , complete the work at Sellers own expense and to to satisfaction of to Purchaser. What materials
and equipment arc demanded by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site nod become responsible therefor an though such materials and/or equipment
were being famished by the Seller must the order.
I S. INSURANCE.
no Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or on connection with the work covered by Ws purchase order,
maror to their dependents in accordance with the lows of the site in which the work is m be done. The Seller
shall also tarty comprehensive general liability including, but no, limited to, communist and aotomobile public
liability insurance with bwlily injury and death limits of a, least 9W,Wo for any one Parson, 5500,000 for my
one accident tied property damage limit per acaidem of S400,000. The Sella shall likewise require his
contractors, irony, to provide for such compensation and insurance. Before any of the Sellers or his con,memrs
employees shall der any work upon the premises croakers, the Seller shall famish the Purchaser with a certificate
that such compareation and insurance have been provided Such cenifcams shall specify the dam when such
compensation and insurance have been provided. Such certificates shall specify to date when such compensation
and msurence expires. The Seller agrees that such compensation and insurance shall h maintained until aRer the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller ha,by assumes the entire raponibiliry and Imbiliry far any aM all damage, loss or injury orany kind
or tatum whatsoever m persons or property sensed by or resulting farm the execution of the work provided far in
this purefe older or in connection herewith. The Seller will iMemnify and hold harmless the Purchaser and any
cr all of the Purchasers officers, agents and employeesan from d against any and all claims, lasses, damages,
harges or expenses, whether direct or indirect, and whether to person or property to which the Purchaser may
be pm or subject by reason of any met, action, neglect, omission or default on the part of to Seller, any of his
contractors, or any of the Sellers m contractors officers, agents or ernployces. In case any wit or other
procendings shall le, broughl .gains, to Purchaser, or its officers, agents or employees at any time on so., or
by anew r of any act, nation, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employee, as aforesaid, the Seller hereby opens to assume the defense thereof and to
defend to same at the Sellers own expense, to pay any and all costs, charges, atomeys fives and other expenses,
any and all judgments that may be incurred by or obtained ogaint to Purchaser many of its or their officers,
agents Or employees in such in or other promadings, and in case judgment m nter him be placed upon or
obtained against the papery of the Purchaser, or said padies in or as a cult ofsmh suits or other prmendings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or oterwise. The Seller and
his contractors shall take all safety precautions, f ish and instill all gland, necessary for to prevention of
accidents, comply with all laws nod regulations with regard to safety including, but without limitation, the
Canonical Safety and Health Act of 1970 and all roles and eguation issued pursuant therm.
Revised 03Q010