HomeMy WebLinkAbout111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9142027Fort Collins
Date: 04/10/2014
PURCHASE ORDER
Vendor: 111572
WESTERN UNITED ELECTRIC SUPPLY
100 BROMLEY BUSINESS PKWY
BRIGHTON CO 80603
PO Number Page
9142027 1o12
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: 04/09/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t 6541-1116
4" x 20' direct bore conduit
YARD
7800 FT 2.8200 21,996.00
CONDUIT, 4" X 20' OVERALL LENGTH, SCHEDULE 40 PVC WITH WATER -TIGHT LOCKING RING JOINTS
FOR DIRECTIONAL BORING APPLICATIONS
Certainteed part number 667237
Note to Shipper:
24 - 48 hour Notification to:
Dan Hofeling - 970-221-6389
OR
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. COJQ ERCIALDETAIIS.
Tax exemptions. By small the City of Fon Collins is exempt from state and [Deal taxes. Our Exemption Number.
98,34502. Fdeml Excise Tax Exemption Certificate of Registry 84 6DOos89 is registered with the Collector of
Interval Revmue. Deaver, Colorado (Ref Colorado Revised Salutes 1973, Chapter 39-26, 114 (a).
Goods R ji md. GOODS REJECTED due W fa'lare to meet specifications, either when shipped or One to defaces of
damage in M i4 may be, amend a you for credit and are not to be replaced except upon receipt of warden
instructions from the City of Fort Collhs.
Iaspectiaa GOODS art subject or the City effort Collins inspection on tropical.
Final Acceptance. Receipt of the memhaudi., services or equipment in response to this order can result in
authorized payment on the pan of the City of Too Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
Freight Terms. Shipments most be F.O.B., City of Fon Collins, I0o Woad St., Fort Collins, CO 80522, unless
otherwise specified on this order. If Permiasion is given,. prepay freight and charge separately, the original freight
all most accompany invoice. Additional charges for parking will not be accepted.
Shipment Distance. Where tomaboamers have distributing points in various pas of the country, shipment is
expected from the natal distribution point to destination, and excess freight will be deducnvl from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure m sellers sole toll all necessary permits, ccrifcams and licenses required by all
applicable lows, regulations, ordinances and roles of the state, municipality, ber ow, or political subdivision where
the work is perbaned, or required by any other duly constituted public authority having jnridiction over the work
of vender. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lass
endand by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mi.
requirements.
Authoritarian. All panics to this contract agree that the representatives are, in fact, haw fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the termw and conditions sated
brain set Jamb and any supplements, M udditioral terms cost condition, annexed beeeto or incorporated heroin by
regional. Any additional or different mans and conditions proposal by seller are objected to and hereby mjecrd.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT wwwIimely ifyou cannot make complete shipment to prove on your
promised delivery date. noted. lime is ofae es.ace. Delivery and performance at be effected within the time
satd im be purchase order and the daumas atrachd herein No arcs of the Phaachasers including, withou,
limitation, communm of paaial late dele coves, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable readies, the option ofplacing this order elsewhere
Old holding ere Seller tube for damages. However, the Seller shall no, he liable for damages as a mutt of delays
due to causes not m sex aably fomseeable which are bey is reasonable control and without its fault of negligence,
such acts FGod, sal of civil or military anthow as, gworea enrol pworams, fives, strikes, Bond, epidemics, was M
riots provided that ..fee of the conditions causing such delay is given to me Purchaser within five (5) days of the
time when the Seller first received knowledge thereof In the event of any such delay, the dam of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrant that all goods, articles, materials and work covered by this order will common with applicable
drawings, specifications, samples and/or other descriptions given, will 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 purchaser harmless from my loss, damage or expense which the
Purchaser may suffer M incur tin account of the Sellers breach of warranty. The Seller Mail 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 M prescribed by law or by be terms ofany applicable warranty provided by the Seller after the time of
acceptance of the gaol fomishd hereunder (acceptance not ho be unreasowbly delayed), resulting firemen imperfect
or defective work done or mmcaals famished by the Seller. Acceptance or use of gaol by the Purchaser shall no,
consulate a waiver of any claim under cis warrant, Except as otherwise provided in this purchase order, the Sellers
liability hereunder stall extend to all damages proximately caused by the breach of any of me famgoing examinants;
M gurentees, but such liability shall m no event.]We loss ofprofis or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The lrrm m may make changes to legal team by wwnrn change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the arms. other man legal man, including additions to or delatiom fmm
the quantities originally ardemd in the specifications at drawings, by verbal or women change order. If any such
change ofR ew the amount due or the time ofpergormance Marauder, an equitable adjummorn t shall be made.
6. TERMINATIONS.
The Pmchnser may at any time by written change order. terminate this agreement as to any or all famous of the
goal then not shipped, subject to any equitable adjustment between the pries as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticiptd profits oa the uncompleted
portion of the goads and/or work, for incidental ar consequential damages, and that no such adjnstr acat or made in
favor of the Seller with respect to any goods which are the Sellers standard stack. No such teaninntion shall relieve
ere Purchaser or the Seller ofany of their obligations as to any goo& delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or mmmination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants Oat all goods sold herewdet shall have been produced, sold, delivered and Famished] in strict
compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws had regulations required to be
acculturated in agreements of mil chardcaer are hereby incoryomtcd herein by cis reference. The Seller agrees to
indemnify and hold the Purchaser harmless fmm all rosy and damages suffered by the Pumha as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, manager, or coney this offer, or any monies due or to become due hereunder without the
prior written consent ofae other platy.
10. TITLE.
The Seller warrants full, clear and unrereacred tide to the Purchaser for all nryipmm4 materials, and items fumuhed
in 'a... of cis agreement free and clear of any and all limt, awartions, ruervatim., security interest
mmtm cam and claims ofmhers.
11. NONWANER.
Failure of the Purchaser or insist upon stria performance of the terms end conNdons hereof, failure or delay to
calorks tiny rights or remdiew provided herein or by law, failure to pmnptly nmify the Seller in the event of a
breach the are,.mof., pymm, far goods hereunder or approval aide design shill not relas, the Seller of
any of the vvarmntics or ob[igstion, of this purchase order and shall not be damd a waiver of any right of the
Pirelli rto insist ....twm pergonnanm behalf., any of its rights or media as to any such goods, regadless
of when shipped, received or accepted, az to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser opiate as a waiver of my of the tc,ms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recogmm thin in tribal cois practice, overcharges resultingm firear
violations are in fact home by the Purchaser. The¢mforefor goc
grand ca se and as moderation for executing this
purchase order the Seller hereby assigns as the Purchaser any and all claims it may now have or hereafter
acquired under federal or sure antitrust laws for such overcharges relaing to the particular goods or services
purchased or acquired by me P reMser prow anuo this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Pmrchaw, directs he Sell,, to crowd nonconforming or defechwe goods by a date to be armed upon by be
Purchaser cad the Seller and the Seller thereafte...reform its inability or unwillingness to comply, the Purchaser
may cause the work be be pe flared by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contractors of any tier from .II liabiliy and claims of any nature
resulting fmm the performance ofsuch work.
This release shall apply even in ere evenI of fault of negligence of the parry advised and shall crucial to the
directors, aRcers and employees of such pray.
The Sellers contractual obligations, including wmranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required as use any design, device,.,ad.] or process covered by lever, ximat. trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any call all claims for robin,—t
by mason of the use of such patented design, device, material or process in commmer weer ere rostrum, and
shall indemnify the P-Mom for any.4 expense or damage which it may be obliged to pay by reason ofs.eh
improper-, at any time down, the .if.. or after the complmion of the work. In esse said equipmm4 or
any pit therenf or the Wte use of the goods, is in such suit held to Met inprngemant and the rse of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, chase procure for the
Purchaser are right to continue using said equipment or pans, replace are same with substantially equal but
noninfnging equlpmen, or modify it so it becomes firmufNnging.
15. INSOLVENCY.
If the Seller shall become insolvent or badarvpt make an assignment for the benefit of creditors, appoint a
receiver or aware for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms used or the interpretation of the agreement and the rights of all parties hereunder shall be
consaed under and governed by the laws ofthe State of Colomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to pert work hereunder,
including Of services of Sellers Repmsen divids), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's awn ask until the same is fully completed and accepted, and shall,
in se of any accident destruction or injury to are work ardor materials bet Sides final completion and
acmp wev, complete the work at Seller's own expense and to the satisfaction of the Puchaser. When nuteria[s
and equipment sm fnishd by oxen for instillation or emction by arc Seller, arc Seller shall receive, maload,
store Dud handle same at me sae and become responsible therefor as though such mmewak and/or equipment
were being finished by the Seller under the order.
18. INSURANCE
The Seller shall, at his own expen,e, provide for are payment of wmkm compensation, including m-ptional
disease beach.,1. is employees employed on or in omection with the work covered by this purchase coder,
andor to their dependents in mmdance with the laws of the suite in which me work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, wnactual and automobile public
liability insurance with bodily injury and death limits of a least 5300.000 for any one person. 5500,01fm for any
am accident and damage property limit per accident of S400,000. The Seller shall likewise require his
umnmmrs, if any, to provide for such compnation end insurance. Before any of the Sellers or his eomtacm ,
employees shall do any work upon the premises of othea, the Seller shall famish the Purchaser win, a certificate
that such compensation and insurance have been provided. Such cenircates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and thromanc, shall be maintained until after are
smite work u complete and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liabil try for any and all damage, loss or injury ofany kind
nature whatsoever to persons or property caused by M rarii.g from the execution of the work provided for.
this parehase aide, or in connection herewith. The Seller will indemnify and hold hamless be Parehase, and any
r all of the Purchasers oficim, agents and employees from and against any and all claims, lasses, damages,
charges or expenses, whether direct or indircc4 and whether to persons or property to which the Purchaser may
be put or subject by reawir of any act, action, neglect, omission or default on the part of ere Seller, any of his
contractors, or any of are Sella or contractors officers, agents or employees. In rave any shall or other
proceedings shall be brought against he Purchaser, or its officers, agents or employees at envy time on acooma or
by maxier of any all, action, negled, omission or demul, of th< Seller of any of his contracmrs or any of its or
their afficers, agents or employees as aforesaid, the Seller hereby a,. is assume ere defense thereof and to
defend ere same at the Sellers own expense, to pay any aW all cosh., changes, en..,a fees and arm, expenses,
any and all judgmens that may be incurred by or obtained against the Purchaser or any of is or their officers,
agents or employees in such suits or other proceedings, will in case judgment or offer lien be placed upon or
Obtained almost are property of the Purchaser, or said pnies in or as a result of such suits or offer Fluctuations,
the Seller will at matt cause the same m he dissolved and doodowgW by giving band or otherwise. The Seller trod
his cmnl .. shall tale ell .fey pncautiow, fisrnish and install all guards necessary for the pm uffion of
accidents, comply with all laws and regulation, with regard at safety including, but without limiaion, tlm
Occupational Safety and Health Act of 1970 and all rules sal regulations issued pursuant harem.
Revised 032010