HomeMy WebLinkAbout111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9144711Fort Collins
Date: 08/14/2014
PURCHASE ORDER
Vendor: 111572
WESTERN UNITED ELECTRIC SUPPLY
100 BROMLEY BUSINESS PKWY
BRIGHTON CO 80603
PO Number Page
9144711 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: 08/14/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 7012-7814 120 EA 115.5000 13,860.00
15OW, HPS streetlight
BULK
STREETLIGHT FIXTURE, HIGH PRESSURE SODIUM, 15OW,
MULTIVOLT BODY -MOUNTED AUTO-REG BALLAST, WIRED FOR 240V OPERATION, W/ 55 VOLT LAMP
OPERATION,
P.E. RECEPTACLE, SINGLE DOOR, FLAT LENS, MEDIUM CUTOFF TYPE III LIGHTING DISTRIBUTION,
BRONZE FINISH „
GENERAL ELECTRIC, M2RC15SOA2GMC3-029;
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=m
Pay terms net 30 days
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
I. COMMERCIAL DETAILS.
Tax exemptions. Bysmtme the City of Fun Collins is exempt from site aW local nixes. Our Exemption Number is
ILNONWAIVER.
98-04502. Derail Excise Tax Exemption Cmifiane of Registry 84-6000587 is registered with the Colltttm of
Failure of the Purchvsa to insist upon smet performance of the arms ad conditions hereof, failure or delay to
Internal Revenue, Denver, Colombia (Ref. Colorado Revised Smmres 1973. Chapter 39-26.114 (a).
exercise any rights or wridies provided herein or by law, failure to promptly notify the Seller in the runt of o
breach, the s atptaace of or paMe., for goods hereunder or approval offe design, shall not release the Seller of
Good Rejecrd. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this Ourchau aide, and shall not b, damd a wawa of my right of the
damage in ima it may be returned to you for ,edit and are rat to he replaced except upon receipt of written
purchaser to insist upon strict performance hereofor any ofits rights or muddies as to any such goods, wRadless
inwaions from the City of Fort Collins.
of when shipped, received or xvVTtd, az to any prior or subsequent default hereunder, nor shall any purported
oil mdifcati.n or rescission of this pun:hase order by the Purchaser operate n a waiver of any of the terms
Irsspection. GOODS art subject to the City of Fort Collins reinsertion on arrival.
hereof. -
Final Acceptance. Receipt of the merchandise, a—i,v, or equipment in response to this oMer ca result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
mthonsed payment on the pan of the City of Fort Collins. However. it is to he understood that FINAL
Seller and the Purelmia recognise that in whal a is practice, overcharges resulting from antimss,
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations arc in fact home by the Purchaser. Ther,ofore.nPor. good cause and as aimide mmi far executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O B., City of Fort Collins, 700 Woad St., Fort Collins, CO 80522, unless
acquired under federal or slate antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this aide,, if prsmission is given to prepay freight and charge a,,,rarely, the original freight
purchased or acquired by the Foochow, pursuma to this purchrse order.
bit must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where mnufurmrers have distributing Points in various parts of the country, shipment is
If the Purchaser dirthe Seller to correct nonconforming or defective goods by a date to be agreed upon by the
ect d
cte exped froea m the rated distribution point to destination, and excess freight will be deducted from Invoice when
Purchaser and the Seller, nadir, Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments am nude from greater distance.
may cause the work to be performed by the most expeditious means available to it, and the Seller shall Pay all
asts aysociamed with such work.
Permits. Seller shall promise at sellers sale cost all necessary permits, mrri0cum and licewes rryuird by all
applicable laws, regulation, ordinances and rules of the site, municipality, territory or political subdivision where
the work is pmarmed, or required by any other duly constituted public aumhodty having jurisdiction over the work
of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ofdirunees, rates
and rquimunwits.
Autharicatim. All parties no this at., agree that the ¢preventatives am, in ExV, hone fide and possess full and
complete authority m bind said parties.
LIMITATION OF TERMS. This Purchase Order ex,moly limits acceptance to the Is. and condition eroded
herein set forth and any supplememary of additional rents and conditions winced herd. or incorporated herein by
reference. Any additional or different terns, and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery dale as noted. Time is of the essence. Delivery and performance mail be Vlanal within the time
,rated oa the pumhaw order send the documents attached hereto. No eels of the Purchasers including, without
limitation, acceptance orp:mial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchncr shall have, in addition coo other legal and equilable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. Howes,, the Seller shall nor be Ii Mle far damages as a result of delays
due to entries not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of Gm, rots ofcivil or military authorities, governmental priorities. Gres, strikes, flood epidemics, 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 the Seiler first received knowledge thereof, In the event of any such delay, the date of delivery shall be
extended (ai the pencil equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goads, articles, materuds and work covercl by this order will conform with applicable
drawings, specifimliom, samples and/or other dcumptemo, given, will he fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with waTted standards for work of a
similar wwre. The Seller agrees to hold the purchaer hands from my loss. damage or expawe which the
Puochater may sufferer incur on account of the Sellers breach of warranty. The Sella shall replace, repair or meta
good, without cost to the purchism ,any defects or faults arising within one (1) year or within such longer peril of
time as may he prescribed by law or by the terms of my applicable warranty provided by the Seller alter the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend no all damages rmximately caused by the breach army offl a foregoing we.,, V,
or guarantees, but such liability shall in no event include loss of Woos or loss of use. NO IMPLIED WARRANTY
OR M F.RCI IANI'All ILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchase, may make changes coo legal terra by wvinm change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tame, other than legal terms, including additions to or deletions firm
the quantities originally ordered in the specihmtmae or drawings, by verbal or written change order. If any such
change affect the amount due or the time ofperformaw, hereunder, an equitable adjustment shall he made.
6. TERMINATIONS.
The Purchaser may at my time by written change order, terminate this agreement as to any or all portion of the
good then not shipped, subject to my w,utuble djastm m between tha parties as to any work or mammals then in
progress provided that the Pumchaes shall nor be liable far any claims for anticipated profits on the uncompletd
portion riffle 6rods mdtm work, fee inaidenml or emic,i mind d rum ms, ad the, has such adjustment be made in
favor of the Sella with respect to any goods which are the Sellers woodland stock. No such termination shall relieve
the Purchaser or the Seller ofany of fair obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the change or termirutim is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and Pomishd in strict
ompliance with all applicable laws and regulation at which the goads arc subject. The Seller shall execute and
deliver such documents as nay be required to effect o, evidence compliance. All laws and regulations required to be
incorporated in agreement of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless to. all mob and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign transfer, or convey this oiler, or any monies due or to become due Tentacular without the
prior written consent afthe other carry.
10, TITLE.
The Seller wam,w It clear and marau wed litle to the Purchaser for all equi,.t, matmaLs, and item famished
in pa reaft a of this agreement free ad clear of my ad all limit, resaiaion, taxamora, security interest
mncumbrawa s and claims ofothers.
The Seller shall release the PwVWwr and its commemrs of my tier from all liability ail claims of any wwre
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the Party releaved and shall extend in the
directors. officers and employees of such Parry.
The Seller's contractual obligations, including warranty, stall not ta 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 to use any design, device, material or process covered by letter, patent, trademark
or copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such rumpled design, device, material or process in connection with the contact, and
shall indemnify Ilie Purchaser far any vast, expense or damage which it may be obliged to pay by reason ofsuch
infingement at any time farm, the prosecution or after the completion of the work. In case said equipment, or
any part favor or the inmendcxl use or the Goods, is in such mil bald to constati m infringement and the use of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, eilher procure f r the
Pamhaw, be right to continue using said equipment or parts, replace the sans with subatamiully equal but
noninfnaging equipment, or modify it so it becomes ra tdnfringing.
15. INSOLVENCY.
If the Seller stall become imolvent or bankrupt make an assignment for the benefit of creditors, appoint a
or trustee for any of the Sellers property or business, this oMer may forthwith be ca uvied by the
Pumhaser without liability.
16. GOVERNING LAW.
The definition of tarot used or the interpretation off, agreement and the rights of all parties hereunder shall be,
construed under mW lowered by the laws of the Sate ofC.I.d., USA.
The fallowing Additional Conditions apply only in where the Seller is to perform work Immundea
including the services ofSellas Represenmlive(s), on the premise of others.
❑. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and aco awl. wall shall,
in case of any accident destruction or injury to the work and/or materials before Sellms final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchases. When mawrials
and equipment arc famished by others for installation or erection by the Seller the Seller shall receive, unload,
ware and handle same a1 the site and bttome responsible therefor as though such mammals and/or equipment
were being [umishd by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide far the payment of workers compensation, including occupational
disease benefits, to its employees employed m or in comectian with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the site in which the work is to hat done. The Seller
shall also carry comprehensive general liability including, but not limited to. mntmetml and automobile public
1,mality inmrance with lustily injury and death limits arm lead smalwon for any one person, $5M,n01m for any
e accident and property damage limit Per accident of S40Q000. The Seller shall likewise require has
nntracmrs, if any, to provide for such cormanciandow and rs insurance. Before my of the Selleor his contractors
employees shall do my work upon the premises of others, theSeiler shall famish the Parch. with a certificate
Out such compercution and insurance have ban provided. Such certificates shall specify the date when such
compensation and Inurawe have been provided. Such mnificam s shall specify the date when such compauation
and inurance expires. The Seller agrees that such compensation and iraty ,shall be mvinoided until efts the
entire waik is completed ad c,,W.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the attire responsibility and liability for any and all damage, loss or injury of any kind
or nature whatoeva to persons or property, caused by or resulting from the execution of the work provided for in
this purchase order or in comedian herewith. The Seller will indermiry and hold harmless the Purchaser and any
cr all of the Purchasers olTcars, agents and employee from and against any and all claims, losses, damages,
harges or expenses, whether direct of indirect and whore, to persons or properly to which the Purchaser may
be put of subject by reason of any act action, neglect omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In caw any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the mane at the Sellers awn expense, to pay any and all cost, charges, attorneys fees and other expenses,
any and all judgmrnt that may be incurred by or obtained against the Purchases or any of its or their officers,
agent or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the pmperty of the PWchner, or said Inches in or as a result crimes suits or other proceedings,
the Seller will at once cause the same to he dissolved and discharged by giving bond or ofemise. The Sella and
his contractors shall take all safety precaution, furnish and unroll all guanks necessary for the prevention of
accidents, comply with all laws and regulation with regard a safety including. but without Ilmadion, the
Occupational Safety and Health AV of 1970 will ell rules and regulations issued personal there r.
Revised 07/2o14