HomeMy WebLinkAbout111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9143080Fort Collins
Date: 06/04/2014
PURCHASE ORDER
Vendor: 111572
WESTERN UNITED ELECTRIC SUPPLY
100 BROMLEY BUSINESS PKWY
BRIGHTON CO 80603
PO Number Page
9143080 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: 06/03/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t 6714-2313 200 LS 77.2200 15,444.00
1 ph fault indicator - 1/0
67142313
I
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;
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 $15,444.00
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
L COMMERCIALDETAILS.
Tax exemption. By smlYb the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
11. NON WAIVER.
98-04502, Federal Excise Tax Exemption Cenifiess, of Registry M-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure at delay or
Imemal Revenue, Denver, Colorado (Ref. Colorado Revised Shalom 1973, Chapter 39-26, 114 of
exercise any rights or remedies provided herein or by law, failure ro prompdy notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval office design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to reel speeifcaimes, either when shipped or due Is der is of
any of the -confines or obligations of this purchase order and shall not be demand a waiver of any right of the
damage in mornit may be o umed to you far credit and ere nor on be replaced except upon receipt of women
purchaser in insist upon stria performs. hereof or any of its rights Or remedies as many such goods, regordless
hmtme,ious to. the City of Fort Collins,
of when shipped, reccivcd or accepted, as m any prior or mmucgoenr default hereunder, Our shall my purponcd
coal modification Or mention of this purchase order by the Purcha¢r operate as, a waiver of any of the moats
Impend... GOODS me subject to the City of Felt Collie itnpasidum no comical.
hereof.
Final Acceptance. Receipt of the merchandise, smices or equipment in response in this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the part of the City of Ford Collins. However, it is to be understood Nat FINAL
Seller and the Purchaser recognize that in actual scnlaic practice, evemhargcs resulting from antitrust
ACCEPTANCE is dependent upon completion of oll applicable requiredinspection pmtedures.
violations are in fact home by the Producer. Theretomm,for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purcbmef any and all claims it may now have or hereafter
Freight Terms. Shipments most l e F.O.B., City of Fort Collins, 700 wood St., Fort Collins, CO 80522, unless
acquired uncle, federal in some antitrust laws for such orereharges relaring m the paniculm good or services
crhaui le specified on his order. If permission is 6ivcn to prepay freight and charge sepa chly, the Original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoices Additional charges for packing will rat be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in successor pans of the comm, shipment is
If the Purthmer directs the Seller to comet nonconforming or defective goods by a date to be agreed upon by the
expected from the nearest distribution Print to destination, and excess freight will be deducted from Invoice when
Purchaser and the Seller, and the Seller thermRer indicates its inability or unwillingness to comply, the Purchaser
shipments are made foam greater distance.
may cause the work tube Performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers sole cost all necessary perrnis, certificates and licenses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the isol is performed, or required by any other duly constructed public authority having jurisdiction over the work
of vendor Seller further agrees to held the City of Fort Collin harmless foam and against all liability and loss
ricioned by them by reaon of ran asserted err established violation of any such laws, regulations, ordinances rules
and requi menu.
Authorization All panics to this rummer agree that Nc representatives are, in fact, bona fide and possess full and
o "I'be amhofity m Find said ponies.
LIMITATION OF TERMS. This Purchase Order expreely limits ucuptance m the terms laid conditions stated
herein sat forth and any supplementary or additional toms and conditions annexed hereto or incorporated herein by
reference. Any additional or different tens ard....drum, proposed by seller are objected to and hereby rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENTimmediately if you cannot make complete shipment to crave an your
promised delivery date in noted. Time is office usenet. Delivery and performance must be elfacl d within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
Ilmimtion, ace,h nee of partial Irate deliveries, shall operate an a waiver of Nis provision In the event hfany delay,
the Purchaser shall have, in addition to other tepid and equitable remedies, the option of placing this order eluwhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages n o result cf delays
due to comes ram rwssmably foresceable which ate beyond its reasorvble control and without its fault of negligence,
such acts of God, acts ofcivil or military authorities, government priorities, fires, strikes, Bond, epidemics, wars or
don provided dot notice of the conditions coming such delay is given to life Purchaser within five (5) days of the
time when Ne Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended foe the period <quhI to the time actual ly lost by reawn of the delay.
3. WARRANTY.
The Seller warrants Nat all good, arid., mmeriels aM work cmeced by Nis order will conform with epplimble
drawings, specifications, samples sought other descriptions given, will be fit for the purposes intended, and
plummeted with the highest degree of care and competence in accordance with accepted standard for work of a
milar ..to The Seller agrees Ih hold the purchaser ham ton from any loss, damage Or expeme which the
Purchaser may suRcr or incur on account trice Sellers breach of warranty. The Seller shall replace, release or make
good without cost 10 the purchaser any defects or faults mixing which One (1) year Or within such longer period of
time as may be prescribed by law or by the terms of any applicable wamnry provided by the Seller after the doe of
acceptance Of the goad famished hereunder (acceptance runt to be umcamnably delayed), remaking from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not
constitute a waiver of any claim under this wananty. Except in otherwise provided as this purchase order, the Sellers
liability hereunder shall extend to all damages proximmdy caused by the breach of any of the foregoing Ishom es
or guotantees. but such liability shall in no event include loss of pmfin or loss of use. NO IMPLIED WARRANTY
OR MERCHANfABI LITY 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 COMMERCIAL TERMS.
The Pirobasrmay make any changes m n the tee, other than legal terms, including additions to or deletions from
the circuitsmiRnally ordered at the sptt'tlwamru or drawings, by verbal or written change oNec If any such
change affect, the amount due or the time of perfommnce b ncivideq an egniable adjustment shall be made,
6. TERMINATIONS.
The Purchase, may al any time by written choice omen wornande this agree eat as to any o all portions hf tine
good, then not shipped, subject ,, any cgnitnble adjutmet between the panics ua to any work or materials then in
progress provided that the Push wer shall or be liable for any claims for anticipated profits on the uncompleted
pnmm. 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 are the Sellers standard stack. NO such termination shall relieve
the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most he asserted within thirty (30) days gram the date the change Or termination is
ordered.
6. COMPLIANCE WITH LAW.
The Seller warren that all good sold hereunder shall have been produced, sold, delivered and famished in snict
compliance with all applicable laws and regulations to which the good arc subject The Seller shall execute and
deliver such documents so may be model o to'ITecl or evidence compliance. All laws and regulation required m be
incorporated in agreements of this character ate hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless foam all msm and damages suffered by the Purchaser m a mull of the
Sellers failure m comply with such Law.
9. ASSIGNMENT.
Neither party shall assign, tramfer, or canvey this order, or any monies due Or m become due berc ruder witlwut the
prior written consent of the other Ill
10, TITLE.
The Seller wormnn fall, clear and form ricted title to the Purchaser fen all equipment materials, and items furnished
in performance of this amounrcnt ( and clear of my and all liens, restrictions, resemmuce, contrary interest
encumbtancen and claims ofathm.
The Seller shall release the purchaser and its contractors of any ran foam all liability and claims of my nature
remhing from the performance attach work.
This mlease shall apply even in the event of fault of negligence of the party released and shall extend 1. the
director, hOJcc s and cmPluyccs of such party.
The Sellers c,such nl obligmions, including warranty, shall not be deemed ro be reduced, in any way, because
such work is pvarfommd or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is voiced tO use any design,device, material or process covered by letter, patent, trademark
mpyrighh the Seller shall indemnify and save hmmless 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 indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In ease said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or two is enjoined, the Seller shall, at its own eagenu and or its option, either procure for the
purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
commingling equipment or modify it so it becomes naninfnnging.
15. INSOLVENCY.
If the Seller dull become realistic, or bankrupt, make an assignment for the benefit of condition, appoint a
receiver or notice for any of the Sellers propmr, or business, this order may fnnhwirh be canceled by the
Perchance without liability.
16. GOVERNING LAW.
The defnition afters used or the interpretation ofthe spherical and the rights ofall parties hereunder shall l e
comaued under and governed by the laws of me State of Colorado, USA.
The following Additional Conditions apply only in coves where the Seller is ro perform work hereunder,
including the services ofScHm Rryresentativefs), on the premises of others.
IT. SELLERS RESPONSIBILITY.
The Seller shall carry on said weak at Sellers own risk until the more is fully completed and accepted, unit shall,
in case of any accident, destruction or injury to the work anNor tnarevels before Sellers fwl completion and
acceptance, complete the work at Sellers own expeme and m the satisfaction of be Purchaser. When materials
and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become tespomible therefor as though such materials and/or equipment
were being famished by the Seller under the Order.
18. 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 covered by this purchase order,
and/or m their dependents in :ucomlance with the laws of the stare in which the work is lobe done. The Still,
shall also carry comprehensive general liability including, but not limited to, conametual and automobile public
liobilay iarsurra with bodily ury and ut death lim , of at least S300000 for any operust, 5500,001) for any
one accident and property damage linnit per accidcm of S400,000. The Seller shall likewise require his
ontraclhrs, if any, m provide fur said, compensation and insurance, Before any of the Sellers or his corunwo rs
employees shall do any work upon the premises of olhets, the Seller shall famish the Purchaser with a certificate
chat such compensation and insurance have been provided Such ceNOcau, shall specify the date when such
compensation and insurance time been prm'ided. Such certificates shall specify the dale when such compensation
and n expires. The Seagrees hill agrechill such compensation and insuance shall beamm0e mtaed until ar the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and lisbil ity for any and all damage, loss or injury army kind
or nature whasoever to person or property tamed by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless me Purchaser and any
in all of the Purchasers omcers, agents end employees from and against any and all claims, losses, damages,
charges or expenses, whnhef direct or irWirect and whether Ih p arse os or property or which the Purchaser may
be put or subject by mission of any act action, neglect, omission or default on the pan office Seller any of his
contractors, or any of the Sellers or congranours officers, agents Or employees. In case any suit of other
proceedings shall be brought against the Pu¢bsser, or its officers, agents or employe st my time on account Or
by mmhn of any act action, neglect omission Or default of the Seller Of any Of his contractors or any Of ds m
thew officers, agents Or employees m aforesaid, the Seller hereby agates to assume the defeme thereof and to
defend the same at the Sellers Own expense, to Pay any and all costs, docarm, attorneys fees and other capacities,
any and all judgmrnn Nat maybe insured by or obtai d against the Purchaser or any of in or their officer,
agents or employees in such spin Or other proceedings, and in case judgment or other lim be placed upon or
obtained ii,mst the property of the Purchaser, or said panics in or n a result of such suits or other Proceedings,
the Seller will err one came the same to be dissolved sad discharged by giving bond oroumtwise. The Seller and
his contractors shall take all safety preci atiom, furnish and install all gnarl necessary for she prevention of
accidents, comply with all laws and regulations with regard to safety Iactuding, but without limitation, the
Occupational Safety and Hmlth Ace of 1970 and all rules and regulations issued pursuant memo.
Revised 03/2010