HomeMy WebLinkAbout111572 WESTSERN UNITED EFLECTRIC SUPPLY - PURCHASE ORDER - 9144873PO
PURCHASE ORDER 914487er Page
Clt)/Of^ 9144873 '°'z
`t Collins
Ins This number mus'
appear
\.I ` on all invoices, packing
sli i and labels.
Date: 08/25/2014
Vendor: 111572
WESTERN UNITED ELECTRIC SUPPLY
100 BROMLEY BUSINESS PKWY
BRIGHTON CO 80603
Ship To: UTILITY SERVICE CENTER - WA
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 08/21/2014 Buver: PAT JOHNSON
N ote
Per Spec: 369-100
Line Description Quantity UOM Unit Price Extended
Ordered Price
i 7503-1017
#6awg triplex, stlt cable
BULK
12000 FT .4800 5,760.00
CABLE, U.G., 600V, AL, COMPRESSED, TRIPLEX, STREETLIGHTING,- -'
2-#6AWG 7 STRD., INSULATED BLACK; 1-#6AWG 7 STRD., INSULATED YELLOW OR YELLOW STRIPED,
PER SPEC. #369-100, REV. , SERIAL #11,
SHIP ON N/R REELS, APPROX. 1000,FT/REEL
(SEE SUPPLEMENTAL INSTRUCTIONS FOR SHIPPING) ,1.
;
'ACCURATE GROSS REEL AND TARE WEIGHTS ARE CRITICAL PLEASE WEIGH EMPTY REEL, AND
VERIFY WEIGHTS PRIOR TO SHIPPING.
'AVERAGED WEIGHTS ARE UNACCEPTABLE SINCE SPECIFIC CABLE IS ISSUED BY FOOT PER POUND
UNITS.
`REFUSAL TO COMPLY WITH THESE TERMS MAY RESULT IN REMOVAL FROM THE BIDDER'S LIST FOR
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@fogov.com
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 2of2
1. COMMF.RCIALDETAILS.
Tax exemptions- Dy smNm the Ciry of Fort Collins is exempt from state and local taxes. Our Excmpnon Number 6
I L NONWAIVER.
98-01502. Federal Excise Tax Exemption Catarina, of Registry IN offal is registered with the Cultivate of
Failure of am Purchaser to insist upon strict perf err, affair 1. and conditions hire.(, failure or delays,
Internal Revenue, Denver, Coleman (Ref. Colorado Revised Statutes 1923, Chapter, 39-26, 114 Ed.
exeaise any rights or remedies provided brain or by law, failure N promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to no lure In meet spoei,cations either when shipped or due to defects of
.any of the warranties or obligations of this purchase oNer and shall not be deemed a waiver of any right of the
damage in manin, may be reamed to you for credit and me not to be replaced except upon receipt of written
purchaser to insist upon strict perfomtance hereof or any of ins rights or remedies as to any such goods, regaalc,e
instructions from the City of Fort Collins,
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed
oral modification or rescission of Nis purchase man by are Purchaser m me as is waiver of any of Ne temts
Inspection. GOODS are subject N the City of Fon Collins inspection on arrival.
haraf.
Final Acceptance. Receipt of the merchandise, savicts Or equipment in response to this aide, can result in
12, ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of ran Collins. Howcver, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust
ACCEPT ANCE is dependent upon complexion of all applicable squired inspection procedures,
violation ore in fact home by the Powhamr. Theretofore, fortgrand cause and as comidamion for evermim, this
purchase order, are Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Tenor. Shipments most be F.O B.. City of Fort Collins, 700 Wool St, Fort Collie, CO 80522, unless
acquired under Readmit car scale it., laws for such overcharges relining N the particular gook O snickers
otherwise specified on this .,it,. If permission is given to prepay freight and charge separately, the original freight
puaM1ased or acquired by the Purchaser pursuant o this purchase enter.
bill must accompany invoice. Additional charges for packing will not be, onecood.
13. PURC) PERFORMANCE SELLERS OBLIGATIONS.
have s tw ills
Shipment Distance. Where manufion
ase der cancer by g to be ogre, by the
IranPand Purchaser re covecr nonconforming or de@city
4ramicatim, and excess uarcdlcountry, InashipmenteImo
point N destitution, and excess freight will be dNuaed from Im'oice when
expected from are nearer poi
theed
or ugoods
ass Pu
Purchaser and the Seller, and the Sella arercaaesindicate its mews or unwillingness to comply, the Purchael
the Seller a d the Se indicates
gamer diax
sldpmenxs ore made from greats distance.
may cause arc work ro be performed by the most expeJifimus meta available ao it, are, the Seller shall pay all
an. associmed with such work.
Permits. Seller shall procure sellers sole cost sll necessary permits, eetificue and licenses requires all
subdivision where
rd hers of the stale, municipality, mrilory or political w
applicable laws, regulations, ordinances
The Seller shall release the Pe and its contractors of any tier from all liability and claims of any nature
over the work
y o a ima over
the work is performed or required by anyotherduly constitutedpublic xulhorien
ofauc
resulting from the perfomnnce of such work.
and
of vemlob Sella further agrees to hold the City Fort Collie harmless fmm and against all liability and loss
li
aura) by them by rtaxmn of an aaened or established violation of any such laws, tegulmiorxs, odimances, tales
This release shall apply oven in the sent of fault of negligence of the pony released and shall extend to eM1e
and ragttircments.
dirteuia,mrs, oBicers and employres afsuch party.
Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and
complete outhenry N bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tames and conditions staled
herein sel Roth and any supplementary or additional most and condawnes annexed hereto a incorporated herein by
raft.. Any additional or chfixo at mum and conditions proposed by seller are objected m and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENTimmediately if you cannot make carallch, shipment m naive an your
promised delivery clue as acted. Time is of the essence. Delivery and parmirmnce most be eRkcled within the time
stated on the puchaw order and are documents attached herein. No acts of the purchasers including. without
limitaion, acceptance of paai.1 lace didweria, shall Opmm as a waives of Nis provision, In the event army delay,
the PucM1aa, shall have, in addition Io other legal and equitable remedie, the option of placing this order elsewhere
and bulding the Seller liable for damages. However the Seller shall not be liable far damages as a result of delays
due to comes not easonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts of civil or military authorities, governmental priorities fins, strikes, Road, epidemics, wars Or
nors provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when rise Seller rim received knowledge thereof In the event ofany such delay, are date of delivery shall he
,Mended far the period .11. the time actually lost by mown of the delay.
3. WARRANTY.
The Seller warrants that all goods, article, materials and work covered by this order will confomm with applicable
drawings, spccircaors , samples and/or other descriptions given, will be fit for are purposes intended, and
performed with due highest degree of cart and competence in accordance with accepted scaraards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Puralmor may suffer or incur on account ofthe Sellers breach of wamrry. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year in within such longer period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance of the goats fumkhed hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defeat, work done or materials famished by the Scller. Acceptance ar use of good by are Purchaser shaft not
constitute a waiver of any claim Order this wamary. Except as otherwise provided O this purchow order, the Sellers
liability hereunder shall extend N all damages proximately caused by due breach of any of the foregoing warramiez
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Pumhsser may make changes to legal terms by wdnen change order.
5. CHANGES IN COMM ERCIAL TERMS.
The Purchaser
may make ;any changes to the more, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or are time ofperformance hereunder, an equitable adjustment shall M made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all famous; of the
goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials their in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the good anrVor work, for incidental or consequential damb,ca, and that no said, adjustment be made in
favor of the Seller with respect N any goods which are are Sellers standard stock. No such termination 1M1all relieve
the Purchaser or the Sella, army of their obligations as to any goads deliveml heranda.
2. CLAIMS FOR ADJUSTMENT.
Any claim far adjustment must be cowned within Run, (30) days from the dam the change or terrain ium is
ordered.
S. COMPLIANCE WITH LAN'.
The Sella womm9 dust all good sold hereunder shall have been produced, sold. delivered and famished in mixt
compliance with all applicable laws and regulations to which the good art subject, The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required N be
ncarpomted in agreements of his chamcmr are hereby incepamted herein by this remain.,, The Seller agrees to
indemnify and hold the purchaser boundless; from all cases and damages suffered by are Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, number, or convey this order, or any monies due or to became due hereunder without the
prior written consent of the other party.
I TITLE
The Sella warranes full, clear and untatnaed title to are Purcho ear for all equipment, uOtmals, and items famished
in performance of Nis agreement five and clear of any and all liens, reaieiam, mOacalicas, sccunry interest
encumbrances and claims ofolhers.
The Sellas contractual Obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work Is performed Or caused m be performed by the Purchaser.
14. PATENTS.
Whenever the Seller a required to ase any design, deice, malcrial orp scow covered by R tio, patent, amdrnurk
m copyright, the Seller shall indemnify and save hermless the Pon",, from any and all claims foi infringement
by reason of the use Of such paremed design, deice, material or process in connection with the contract, and
shall indemnify are Puahas, for any cast, expense or damage which it may be abliged to pay by reason of such
infringement in any time during the prosecution or after the completion of the work. In caw said equipment, or
any pan thereof or are imendcd use of the good, is in such suit held to constitute infringement and are use of
said equipment or pan is joined, the Sell., shall, at its own expense oral at its option, either procure far arc
Purchaer the right to continue using said alitiparead or parts, replace the same with substantially equal but
noninGnging equipment, err modify, a so it becomes noninfringing.
15. INSOLVENCY.
If Ne Seller shall become towlsa rat a bankrupt, make an assigmnem far the benefit of creditors, appoint a
—river or trusme far any of the Sellers property or business, this matt may foMwith be, canceled by the
P odurser without liability,
16. GOVERNING LAW.
The delinilions Of terms used or the interpretation of the agreement and Ne rights of all parties hereunder shall be
construe) under and governed by the laws of the Sim of Calcuttan, USA.
The following Additional Conditions apply only in caws where are Seller is to perform work hereunder,
aduJing the services of Sellcm Repress ndivHs), on the premises ofoNe,
Fl. SELLERS RESPONSIBILITY.
The Seller sM1all curry on said work at Seller's own task until the same as fully completed and occupied, and shall,
in new of any accident, destruction or injury to are work OnVor materials before Sellers Grad completion and
acttpfame, complete the work at Sellao own aspens, and fe the satisfaction of ate Prachaser. When materials
and equipment are famished by others for moralistic. or inaction by the Shcm, the Seller shall meacc, ualmd.
sure and handle same at the site and become responsible therefor as though such materials emVor equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for are payment of workm compensation, including ocapation t
disease benefls, to its employees employed on in in connection with are work covered by this purchase oNer,
amFor in their dependents in accordance with the laws of the scale in which the work is to he done. The Seller
shall also curry rmmh,mivu general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least S300,000 fur any one person, S500,000 fur may
accident and property damage limit per tandem of $4m1,000. The Seller shall likewise Obtain, his
contractors, if any, te, provide for such compensation and irssumnce. Before any of the Sellers or his contractors
employees and do any work upon the penises of others, are Seller shall f ash the Purchaser with a ttrtircam
that such compensation and insurance have been provided. Such conficara shall specify are date when such
mnprnsation and insurance have been provided. Such renificilex shall specify the date when such compensation
and imurmme expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seiler hereby row. am arm friponsibiliry and liability far any and all damage, lass or injury of any kind
Or nature whamoever to persons or properly roused by or nulling from the execution ofthe work provided for in
this purchase mach or in connection herewith. The Seller will indemnify and hold harmless the Purchasa and any
r all of the Purchasers office,, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether N persons or proparry to which the Purchaser may
be put or subject by mown of any act action, neglect, omission m default on the pan of the Seller, any of his
ante tom, or any of are Sellers or ontractors offcers, 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 mown of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their ollicem, agents or employees as aforesaid, the Seller hereby agree to assume are deface thereof and to
defend the same st Ne Sellers own expense, to pay any and all cores, Outages, attorneys fees and other expenses,
any and all judgments that may be incurred by in obtained against the Pttrthsser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against are property of she PureM1meq or said patio in or is a mull of such suits or other procedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or oarawise. The Seller and
his contractors shall mks all safety precaullmo, famish and install all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, she
Occupational Safety end Health Act of 1970 anti all rules and regulations issued psamem there..
Revised O7n014
Total