The URL can be used to link to this page

Home My WebLink About111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9144885Fort Collins Date: 08/25/2014 PURCHASE ORDER Vendor: 111572 WESTERN UNITED ELECTRIC SUPPLY 100 BROMLEY BUSINESS PKWY BRIGHTON CO 80603 PO Number Page 9144885 left 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: 08/22/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 6535-1075 40 CL 320.0000 12,800.00 2" flex poly conduit / 500' cl YARD CONDUIT, 2", SDR-15.5 OR SIDR-15 (SCHEDULE 40 EQUIVALENT), FLEXIBLE BLACK PE3408 HDPE_ OR PE4710 HDPE WITH THREE RED STRIPES AND SEQUENTIAL FOOTAGE MARKING, SHIP IN 500' COILS DURALINE, PER DESCRIPTION; . PERFORMANCE PIPE, PER DESCRIPTION; 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:pumhasing@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 2 of 2 1. COMMERCLV.DETAILS. Tax exemptions. By s.mte the City of Port Collins is exempt from state and local Items. Our Exemption Number is I I. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cerificate or Regiary, 84-6000587 is registered wish the Colleemr of Failure orthe prmhasef to insist upon stria Performance of the terms eM cooditow harmE failure m delay m Intemal Revenue, Denver, Colorado (Ref. Colorado Revised Strums 1993. Chapter 39-26,114 Pd. exercise any rights or remedies provided heroin or by law, failure to promptly witty Or Sella in the meat of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Sella of Goods Rejected. GOODS REJECTED due to failure to meet spedficmims. either when shipped Or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and ate or to be replaced except upon receipt of wriurn purchaser to insist upon sttim performance hereof or any of its n hs or amedies as by any such goods, regardless instructions from the City of Eon Collins. of when shipped, received or accepted, in to any prior or subsequent default hereunder, now shall any purported oral modification or ¢scission of Nis purchase aNa by the Purebaaer opera. as a waiver of my of the terms Inspection. GOODS art subject 1a the City of Fort Collins inspection on amwL hereof. Final Acceptanct, Receipt Of the merchandise, services or equipment in no,mse to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the pan of the Cityof FoCollins. Houeseq it is to be uddersmod that FINAL Seller and the Purchaser mangnim that in actual terminate rc practice, ovehm arges resulting froantitrust tion procedures. ACCEPTANCE is dependent upon completion ofall applicable required inspection e m violations are in fact borne by the Puhaser. Theremfore, fogood.rase and as consbemtlon for execming this purchase not the Seller hereby, assigns 10 the Purchaser any and all claims it may now have or become, Freight Terms, Shipments must be F.O.B., City of Fan Collins, 900 Wood St., Forr Collins, CO 80522, unless acquired under federal or sue antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to p,,, fine,ht and charge separately, the original freight porch: ted or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Where manufacturers have diseibming puims in sario^s µl the ,shipment is Purchaser a ts Sella nonconforming defective by a date to be agreed on byPorch the IffiPurchaser rn meDistance. be de d from poi. to dmiwriun, and cxccas freight will h deducted from Invoice cons expected from the nearest t or mos a Seller. a Seller in or unwillingness to comply, the Purchaser orb J. Seller, and the Sella therufta indigos its i the turner dis shipments are made fmm greater dis.nu. me..y shall may cause the work to be pr?omM by the mall expedifious means awilable m it. and the Soler shall pay all pay d costs associated with snch work. Permits. Seller shall pnwurc a1 sullen sole cost all necessary permits, cmooma s and licenses required all w ordience and tales the stand, municipality, temtoes or political subdivision where applicable laws, angel The Seller snuff release the Purchaser and its contractors crony tier from all liabiliry and claims of coy nature l illion oast ,he work the work is Performed. or by any other July r de rsulting fmmthe performmce of sucM1 work. City Flat Collins harmless from and all liability and loss Seller agrees to hold Flat Coledpharmlessfriry and in urredocandor.b eguia i rhea by rmson of an asserted or established violation of my such laws, regulations, ordinances, tales incurred by reason d o li This release shall ace^ in the event of faun of negligence of the parry released and shall extend to the and regniremems. re nd a direnoo, officersand employees of such party. Autharismion. All parties to this contract agree that the representatives are, in Net, Extra fide and possess full and complete authority In bind said parries. LIMITATION OF TERMS. This Puahasc Order expressly limits acceptance to the terms and cmditiOM stated herein set loft and any supplementary or additional terms and conditions annexed hereto or incorporated herein by rekrence. Airy additional or different temp and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive ou your promised delivery One as ruled. Time is of the essdmm. Delivery end performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, 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 remedies, the option of piecing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a mouth of delays due to causes not reasonably foreseeable which are beyond is reasonable control and without its fault of negligence, such acts of God, arts ofxorl or mifimry authorities, sovemmerml Tummies, fires, strikes, Over, epidemics, 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 Seiler first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the dewy. 3. WARRANTY. The Seller warrants that all goods, article, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perfomal with the highest degree of core and competitor in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suRer or incur on account of the Sellers breach of warrady. The Seller shall replace, repair or make good, without cost to the Purchaser, any refecs or hands arising within one (1) year or within such longer period of time a may be prtscnbed by law or by the terns of my applicable warrmry provided by the Seller after the date of acceptance of the goods famished hereunder Dreepmnre not to be onmamnably delayed), resulting fore imperfect or defective work done or materials Furnished 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 m all damages proximately caused by the breach of any of the foregoing examples or gaaantees, but such liabiliry shall in no event include lass of profits or loss 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 tams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal toms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or woven change order. If any such change affects the amount doe or the time of per[omanee hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may a1 any time by wain. change Order..miw. this agreement as 10 any in, all pamom of the goods then not shipped, sabjec, I. any equitable adjustment between the parries as to any work or mmemiD then in progress provided that the Puahaver shall not be liable for any claims for anticipated profs on the uncompleted portion of the goods rand'., work, for incidental or consequential damages, and that an such adjustment be made in favor of the Seller with respect to any goads which art the Sellers standard sack. No such nomination shall relieve Or Purchmer or the Seller ofany of their obligatow as many good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be asserted within thirty (30) days from the date the change or teminaion is ordered. 8. COMPLIANCE WITH LAW. The Seller roatrms that all good sold hereander shall have been produced, sold, delivered and fumishcd in strict compliance with all applicable taus and regulations to which toe good ate subject. The Seller shall execute and deliver such documens as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure,. comply with such law. 9. ASSIGNMENT. Neither party shall assign, lumber, or convey this order, or any monies due or to become due hereunder without the prior written consent oflbe other parry. 10. TITLE. The Seller wamms full, clear cad commormai tite m the Purchaser for all equipment, materials, and items fiunished in perfrmmce of Nis egreanen4 f and clear of any and all liens, restrictions, resen'atiom, sannry interest encumbrances and claims ofothera The Seller's contractual obligations, including womnty, shall not be deemed to he reduced, in any way, because such work is pert edor roused 1. be performed by the Parclower. 14. PATENTS. Whenever ire Seller is required to use any deign, device, material or process covered by leper, parent, trademark or copyright, the Seller shall indemnify and save harmless the F.rchmer from any tab al I claims for infringement by reason of the use of such friction design, device, maternal or process in connection with the contract, and shall indemnify the Purchaser for any cost, expose or damage which it may be obliged to pay by reran ofsuch impingement an any time during the prosecution or after the completion oI Or work. In case said equipment, or any pan lhermf or the intended use of the goods, is in such suit held to constitute inpingement and the use of said equipment or pad is enjoined, the Sella shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pads, replace the same wilh substantially equal but voninGngimg equipment, or modify it an it becomes madnGngiog. 15. INSOLVENCY. If the Seller shall become insob'ent or ba^kmpt, make an assignment for the benefil of creditors, appoint a receiver Or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchase, without liability. 16. GOVERNING LAW. The d fitiamns flc. used or the interpretation argue agreement and ere rights of all parries hereunder shall be canswed under and gm anted by the laws of the Stor of Colorado, USA. The following Additional Conditions apply only in where the Seller is toperform work hereunder, including the services of Sellers Re, rcommuve(s), an thecases premises crothers 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work al Sellers own risk not the sane is filly completed and accepted, end shall, in case of any accident, destruction or injury to the work maker materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are fumhhed by others fa instillation or erection by the Seller, the Seller shall receive, uulwd, store and haMle same an the site and become responsible therefor as though such materials and/or equipment were being promised by the Sella under the order. 18. INSURANCE. The Seller shall, ^t his Own expense, provide Ibr the payment of workers compensation, including occupational diseme bens fs, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the Iowa of the state in which the work s m be One. The Seller shall also carry comprehensive general liabiliry including, but not limited to, contractual and automobile public liability insurance with bodily injury and death hours of at least $300,0OD for any one Person, S500,000 for any one accident and property dacinge limit per accident of $400,000. The Seller shall likewise require la, contractors, it any, to provide for such compensation and Insurance. Hef¢ any of the Sellers or his contractors employees shall do any work upon the premises of .,he., the Seller shall f ish the Purchaser with a certificate Nat such compensation and insurance have been provided. Such ceniractn shall specify the Our when such compensation and insurance have been provided. Such cri ifcares shah specify the date when such compensation and insurance expires. The Seller agrees Nat such compensation and inswencc shall b< maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes dre entire reporodaliry aM liability for any and all damage, loss or injury of my kind or wore whatsmver 1. persons or property caused by or rasping fmm the r.remian i fthe work provided for is this purchase order or in connection herewith. The Seller will indemnify and hold brimless the Purchaser and any r all of the Purchasers xtRcers, agents and employees from and a,,air,, any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may he par or subject by reason of any act, action, neglect omission or default on the pan of the Seller, coy of his contractors, or any of the Sella or contractors officers, agents or employees. In case any suit or other pmedin, shall be brought agaiw, the Puahase, or its officers, agens or employees an any time on accused, on, by reason of my act, action, neglect, omission or default of the Seller of my of his coatmctors or my of is or their officers, agents or employees m aforesaid, the Seller hereby agree in assume the defense thereof and to defend the same at the Sellers own expose, to pray any and all costs, charges, atmmeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of is or their officers, agcnb or employees in such suds or other proceedings, and in use judgment or other her be placed upon or Obtained against the property of the Purchaser, or said ponies in or as a result of touch suits or other proreedings, the Seller will at once cause the some to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all girds necessary for the prevention of accidents, comply with all laws and regulations with regard to ufery including, but without fin iustion, the Occupatiowl Safety and Health Act of 1970 and all rules word regulations issued pursuit thereto. Revised 07I2014