HomeMy WebLinkAbout111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9143742City of
Fo_rt Collins
Date: 07/02/2014
PURCHASE ORDER
Vendor: 111572
WESTERN UNITED ELECTRIC SUPPLY
100 BROMLEY BUSINESS PKWY
BRIGHTON CO 80603
PO Number Page
9143742 1o13
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: 08/29/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 6917-0971 20 EA 1,281.8700 25,637.40
3 ph F/G switching cabinet
69170971
YARD
CABINET, 3 PHASE, SWITCHING, TAMPERPROOF, 85.5'W X 32.5"D X 35"H,
FIBERGLASS, MUNSELL GREEN, WITH 3 HORIZONTALLY MOUNTED 15KV
4 POSITION MULTI -POINT 200A JUNCTIONS (COOPER OR ELASTIMOLD),
2 IN -LINE PARKING STANDS PER JUNCTION, STAINLESS BOLTS, TOP SECTION
ONLY (NO BASE)
NORDIC FIBERGLASS, ND-2315T-MG-2A5A-41522-X
z 6917-0972
3 ph F/G switch cabinet base
` 114
,`tr,
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
20 EA 395.9000 7,918.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9143742 2o13
This number must appear
on all invoices, packing
sli s and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
69170972
YARD
BASE, FIBERGLASS, 88.75" X 39.5' X 18" FOR 3 PHASE FIBERGLASS
SWITCHING CABINET (ITEM # 6917-0971), MUNSELL GREEN;
NORDIC FIBERGLASS, ND-2315-MB-MG;
n
"tn
�114
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 3 of 3
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fog Collins is exempt fmm state and local taxes. Our Exemption Number b
98-04502. Federal Excise Tax Exemption Cenifc rte of BrSht, 84i000587 a registered with the Collector of
Internal Revenue, Denver, Colorado Per Colorado Revised Stammer 1993, Chapter 39-26, 114 (a).
Goats Rejected. GOODS REJECTED due to failure to men speeifcations, either when shipped or due to def is of
damage in transit, may be, command to you for credit ad are not to be replaced except upon receipt of "lien
manometers from the City of Fart Collins.
Inspection. GOODS are subject to the City of Fon Collins inspection on arrival.
Final Accepeare, Receipt of the merchandise, services or equipment In response to this order can result in
—thonced payment or the pan of the City of pun Collins. Howeve, it is to be undersmod char FINAL
ACCEPI ANC17 is dependent upon completion of all applicable required inspection procedures.
Freight 1'emss. Shipments must be F.O.B., City Lf End Collins, 700 Wood St., Fort Collins, CO 80522, unless
otherwise specified oa this am,,. If permission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Addiliowl charges for packing will not be accepted.
Shipment Distance. Where manufnctureos have distributing points in various pans of the country, shipment is
expected fmm the nearest distribution point to doshmhon, and excess freight will he deducted man Invoice when
shipments art made Boom gmoser distance.
Permits. Seller shall pmcom at sellers sole col all neeome, Permits, cmiGemw, and tisanes "I ired by ell
applicable laws, regulations, oolinances and Liles of the suite, municipality, terimry or political subdivision where
the work is performed. or required by any other duly reminded public amhorily having jurisdiction over the work
of vendor. Seller further agrees to hold the City or Fort Collins harmless from cod against all liability and lass
incurred by them by reason of an mseMd or established violation of any such laws, regulations, ordinances, roles
and mama tarots.
Authoci fia c All parries anmis comma agree rho the reprevenuaives are, is far,, boa fide and possess fall and
amplae authority to bind said ponies.
LIMI'I'A PION OF TERMS. This Purchase Order expressly limits acceptance to the rears and conditions staled
herein sot Ranh and any supplemvmlary or additional terms and conditions annexed Comm or incorporated herein by
reference. Any additional or different tonfix and conditions pr.... M by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASPNG AGENT immediaely if you cannot make complete shipment m arrive on your
Promised delivery date as nand. Time ¢ of the essence. Delivery and performance must be effected within the time
smted oa the purchase order and the documents attached hereto. No acts of the Purchaser including, William
limitation, acceptance of,mid late deliveries, shall rum a as a waiver ofmie provision. In the even, of any delay,
the Purchaser shall have, in addition to other legal and equitable rtmedies, the option of placing this order elsewhere
and holding the Seller liable fw damages. Hownea the Seller shall not he liable for damages as a result of delays
due to calves cot momently foreseeable which are beyond its reasonable commit and without its Rauh of negligence,
such acts ofGod, acts ofcivil or military authorities, governmental prionfies, fires, sondes, Rood, epidemic, 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 Lost received knowledge thereat In the event of any such delay, the rite of delivery shall to
extended for the proud equal to the time actually lest by reason of the delay.
3. WARRANTY.
The Seller ants that all track, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples anNor other descriptions given, will be fit far the purposes intended, and
perfomed 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 hamles, him any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cast to the purchaser, any defects or faults arising within one (I) year or within such longer prod of
time as may be prescribed by law or by the mama of any applicable warranty provided by the Seller after the date of
acceptance of tm goods famished hereunder (acceptance nor to be unreasonably delayed), resulting fmm imperf o
or defective work done Lo mated.D famished by the Seller. Areapmnce or use of goods by the Purchaser shall or
comtimm a waiver ofany claim ander this warranty, Except as otherwise provided in this purchase order, the Sellers
liability hemutder shall extend to all damages pmximamly tamed by the breach of any of me foregoing wormaties
or guarantees, but such liability shall in too event include loss ofpmOts or has 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 cemv by "War change color.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the teats, other than legal terms, including additions to or deletions from
the quumitics originally ordered in the specifications or drawings, by verbal or written change order. If any such
change offeels ahe.mo.., doe or the time rf Wafrmvnce hereunder, an equitable adjustment shall be mods.
6. TERMINATIONS.
The Purchaser may at any time by women sludge order, terminate this agreement as to any or all punions of the
goods then not shipped, subject o any equitable adjustment between the parties as many work or materials then in
pr.,—s provided mar he Purchaser shall not be liable for any claims for anticipated profits on the tine.nWicanl
portion of the good cooker work, for incidental or consequential damages, and mat no such adjustment be nude in
favor of the Seller with respect to any goad which are the Sellers slandaN Block. No such mrminmfn shall rclior,
the Purchaser or me Seller of—, of their, obligations as to any good delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within miry (30) days fmm the dam the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in etrien
compliance with all applicable laws and regulations to which the gods are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required In be
nampomted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Pummoor headers Farm all costs and damages suffered by the Purchaser as a result of be
Sellers lailme to comply with such law.
9. ASSIGNMENT.
Neither may shall assign, lansfe, or convey this order, or any monde due or to became due hereunder without the
prior won" common ofthe other party.
10. TITLE.
The Seller wanantsfull, clear and announced title to she Purchaser for all equipment, materials, and items( ished
in ponficomence of this agreement, fice and rev of any and all liens, restrictions, reservations, security interen
errcurnbrumes and claims ofathers.
11. NONWAWER.
Failure of the Purhmer to insist upon strict pert ame of the totes aad conditions hereof, failure or delay to
exercise any rights or remedies Provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance afar payment for goods hereutWer or approval of the design, shall nos release the Seller of
any of the watran,ies or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to basis, upon strict performance banner., very of its rights or remedies as to any such goad, regardless
of when shipped, received or accepted, m 1. any prior or mbsequent default hereunder, nor shall any on"Re l
oral modification or rescission of this purchase order by the Pachmer operate as a waiver of any of the mans
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller, and the Purchaser, recognize than in actual n is practice, overcharges resulting from m hest
violations are in fact home by the Purchase, I reconfirm, forgood cause and as consideration for executing this
purchase order, the Seller hereby assigre to the Purchaser any and all claims it may now have or Wmamer
acquired under federal or state anomet laws for such ovembargms rotating to the particular goods or services
purchased or acquired by the Purchaser pursued to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
tribe Purchaser directs the Seller to correct nonconforming or detective good by a date in be agreed upon by the
Purchaser ate the Sell., and the Seller thereafter indicates its inability m umvillingness m comply, the Purchaser
may eaun the work m be performed by dhc most tapedidous mews available to it oval the Seller shall Pay ell
casts munciatN with such work.
The Seiler shall relearn me Pumhaser and its mmmetars of any tier From all liability and claims of any nature
resulting fmm the perform men, ofsuch work.
This reform shall apply own in the event of fault of negligence of the party released and shall extend to the
directors, .Rears and employers of tech party.
I he Seller's cumradual obligations. Including warranty, shall not be deemed to be reduced, in any way, because
inch work is pembrmed or caused m be performed by the Purchaser_
14. PATENTS.
Whenever the Seller is recanted to use any design, device, material or process Severed by lever, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for irchingrmem
by reason of flat me of such patented design, device, material or paces in connection with the contmcL and
shall indemnify the Purchaser for any cost, expense Sr damage which it may be obliged to pay by reason ofsuch
infringement at any time during the prosecution or after the completion of the work. In case said equipment, car
any pan therm( or the intended use of the goads, is in such suit held in constitute infringement end the use of
said equipment ., pan is enjoined, the Seller shall, at its own expense and m its option, either p.m fir the
Purchaser the rghl to continue using said equipment or parrs, replace the same with subsantially equal but
roninrringiug equipment, or modify it so it becomes meninfringing.
15ANSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the bens fil of creditors, appoint a
couricom or trustee for any of the Sellers ....troy or business, this oMer may foMwith be canceled by the
Pu cheer without liability.
K. GOVERNING LAW.
The def nilirnv ofterma used or the interpretation of the agreement and the rights of all panics hereunder shall be
cotnsmucd under and governed by the laws of the State of Coload., USA.
The following Additional Conditions apply only in where the Seller is m perform work hereunder,
including the services mSellers Fmm,enmti,rDL oa the premises mfrom.,
17. SELLERS RESPONSIBILITY.
The Seller shall carry ran said work at Seller's own risk ..,it the same is fully completed end accepted, end shall,
in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and
acceptance, complete me work at Sellers own expense and to the satisfaedon of the Purehaser. When matmals
end equipment are f ''shed by Labors for installation or erection by the Seller, the Seller shell rtrtri,,, wload,
store and handle same at Our site and become mr,ommible therefor as enough such mammals We, equipment
were being famished by t, Seller under the order.
18, INSURANCE.
The Seller shall, in his own expense, provide for the payment of workers compensation, including occupational
disease tenefins, to its employees employed on or in connection with the work covered by this purchase made,
anchor 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, commercial and act ... bile public
liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any
one accident and pmpeny danmge limit For accident of $400,000, The Seller still likewise require his
namenns, if any, or provide far each rean,csatimn:rod insurance. Before any ral Sellers or his conlrn tars
employees shall do any work upon the premises of omen, the Seiler shall famish the Purchaser with a certificate
that such compensation and insurance have been provided. Such ceniirates shall spreffy the door when such
compensation and insurance have been provided. Such certificates shall specify the dale when such compme.lion
and insurance expires. The Seller agrees that such compensation and Imurnme shall be maintained until after the
entire work is completed and acepted,
19, PROT ECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes me entire arponsibility and liability for any and all damage, loss or injury ofany kind
or re whatsoever to Partners or progeny mused by or resulting morn the exec ar on of the work provided far in
this purchase Oder or in connection herewith. The Seiler will indernadfy aM hold hamlets the Purchaser ford any
r all of the Purchasers officers, agents and employees (ram and against any and all claims, towns, damages,
charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, it.., negfecl, omission or default on the pan f,he Seller, any of his
contractors. or any of the Sellers or contractors officer, agents or employees. In case any suit or other
proceedings shall be brought agdma the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, .mission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees m aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, m pay any and all vests, charges, atmmrys fees and .,he, expenses,
any and all judgments that may be incurred by ar obtained against the Purchaser or any of its or their officers,
agents ter employees in such suits or ,her proceedings, and in case judgment or other lien be placed upon or
obtained against the property ref the Purchaser, or said panics in or as a result of such suits or other proceedings,
the Seller will at once cause the same in be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, goodish and install all guarts necessary for the prevention of
accidents, comply with all laws and mgulmlom with regard in safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant merem.
Revised (DEMID