HomeMy WebLinkAbout111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9145421PO
PURCHASE ORDER 9145421 Page
CI�/ of PURCHASE
45421 1 of z
' `tCollinsI This number must appear
V " on all invoices, packing
sli s and labels.
Date: 09/18/2014
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: 09118/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 7503-1036 11000 FT 1.1900 13,090.00
500MCM, AL U.G. s. conductor
75031036
BULK
CABLE, U.G. 60OV, AL, COMPRESSED, 500MCM, 37 STRD, SINGLE CONDUCTOR,
PER SPEC. 369-100, CODE NAME " EMORY " SERIAL #08, REV. ,
SHIP ON N/R REELS, STD. PKG. (SEE SUPPLEMENTAL INSTRUCTIONS FOR SHIPPING)
General Cable
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 $13
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
mhase Order Terms and Conditions Page 2 of 2
L COMMERCIAL DETAILS.
T'ax exemptions. Dy order, the City of Fan Collins is exempt from sure and local coxes. Our Exemption Number is
98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Motors 1973. Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due to defers of
damage in transit, may be, retumd to you for credit and arc not W be retinal except upon receipt of wrinen
instructions foam the City of Fort Collins.
Inspection. GOODS are subject to me City of Fort Collins impeelow an arrival.
Final Acceptance, Receipt of the merchandise, services or aquipment in response to this ander can result in
authorized payment on the pan of the City of Fan Collins. However, it is to M understand that FINAL
ACCEPTANCE is dcpendeal upon completion of all applicable required inspection Foreordain.
Freight Tenor. Shipments moral be, F.O.D., City of Ford Collins, TEXT Wood SL, Fon Collins, CO 80522, unless
otherwise specified on this order If permission is given to prepay fight and charge separately, the annual fight
bill most accompany invoice. Additional charges for packing will net be accepted.
Montreal Distance. Where manufacturers have distributing paints in us pans of the country, shipment is
expected from the nearest distribution point to deadowan, and excess freight will be deducted from Invoice when
shipments we made from greater distance.
Pamits. Seller shall procure at sellers sale cast all necessary Farms, cenifiata and lireden requited by all
mlliable laws, negotiations, orditurwas and rates of the state, municipality, ardery or political subdivision where
the work is perforrad, or raonial by any other duly camtitured public authority havingjunsdiction oar the wok
of vendor. Seller further agrees to hold the City of Fact Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or esabludal violation of any such laws, regulariaas, inductors, rules
not unara..
Authanzation. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the terms and conditions said
herein set fnnh and any supplemanary or additional terms and conditions amtexed Istria, or incorporated herein by
rife¢ace. Any ddnional or diDerem toms and conditions proposal by seller eve objected ro and hereby jested.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to trove oa your
promised delivery due as noted. Time is of the essence Delivery and perfrmanre most he effecad within the time
stated on the purchase order and the documents adachd hereto. No acts of the Purchasers including, without
lirman an, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the even, of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option or placing this order elsewhere
and holding the Seller liable far damages. Howevrr, the Sala shall not be liable for damages as a [exalt or decoys
due to canoes not easombly foreseeable which an beyond its reasonable control and without its fault of negligence,
such acts of God, was of civil or mlllary omhomies, governmental primaries, fires, strikes. Tod, epidemics, wars or
nor provided that notice of the conditions rousing such delay is given to the Purchaser within five (5) days of the
time when the Seller fir aoeived knowledge thereof. In the event of any such delay, the dam of delivery shall be
extended for the period equal to the time acfar ly lost by reason of the dday.
d. WARRANTY.
The Sella warns that all gods, widest, =?trials and work covered by this order will conform with applicable
drawings, specifications, samples andror other desertion. given, will h fit far the purposes attended, and
performed wish the highest degree of care rid compactor in was rdancr with accepted standards for work of a
similar name. The Sella agrees to hold die pmchaur harmless from any loss, damage or expense which the
Purchaser may sufferer incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
god, without cost to the purchase,, any defects or faults arising within one (1) year or within such longer period of
time as may be Frescnibal by law or by the terms army applicable warranty provided by the Seller after the date of
ccepeanre of the goods Woodshed hereude, (acceptance not to be unreasonably delayed), terminal, ftom imperial
or defective work done Or materms fumishal by der Sella. Acceptance or use of good by the pumhasa shall not
cor ands a waiver ofany claim ands, this warranty. Except as mhervise provided in this purchase oNeq due Sellers
liability haeunder shall extend to all damages pmsireaddy caused by the beach of any of the foregoing warraatia
or guaran ores, but such liability shall in no event indade Ins ofpmfits 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 terra by wdnen change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any cMngec no tM errs, he, thin legal rams, including addid-ex m or &laic- from
the quantities annually ordered in me specifications or drawings, by vertical or women change order. If any such
change affect, the amount due or the time ofpveftrmmce hereunder, an equiable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may al any dime by w,Iran change order, wraninme his agreement as w any it all portions of pie
gads then not shipPd, subject o any equitable adjustment between the parries as to any work or matmals her in
progress provided that the Purclsaser shall not be liable for any claims for anticipated pmfts on the mcomplad
,.an of flue gaalL ands work. for incider al or consequential damages, and tndt m such w1pastmrnt be made in
favor of the Sella with respect m any goods which are the Sellers standard stuck. No such termination sML relive
the puirenaser or the Seller army of their obligation as to any gads delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be worried within thirty (Nd days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold hereunder shell have been produced, sold, delivered and nominal in strict
compliance with sell applicable laws and regulations to which the good are s*a,. The Stiler stall execute and
deliver such documents as may he required to eRnt or evidence compliance. All laws and regulations partial to be
anporated m agreements of this character are hereby me posted herein by this e@rence. The Seller agrees IO
indemnify and hold the Purchaser hannlas from all eats and damages suffered by the Purchaser as a .1, of the
Sellers failure to comply with each law.
9. ASSIGNMENT.
Neither parry, shall assign, member. or convey this order, or any monies due or m become due hereunder without the
prior wnnea cameat efthe other, party.
10, TITLE.
The Seller ..Is full, clear and umaurilual did, m dbe purchaser for all equipmenl, malmals, and in. trimmed
in performance of his ageemen, free and chase of any and all lies, restrictions, maervmi res, secunry interest
encumbrances and claims of anthem.
11. NONWAIVER.
Failure of the Purchaser to insist upon stied performance of the terms and conditions hereof. failure or delay to
y rights or remedies provided herein or by law, failure a promptly notify the Seiler in the event Of a
bxan
each the acceptance ofo, Payment for bands hereunder or approval of the design, shag not release the Seller of
any of the ware ,a. or obligmions of this purchase order and shall not h deemed a waiver of any right of the
purchaser m imst upon rote, performance hcreofor any of its rights or remalies as It any such goods,regardless
of when shipped, received or accepted, as to any prior or subsequent default herender, der shall any plummeted
cost modification or rncissicn of this purchase order by the Pumhaser operate as a waiver of any of the terms
hcreof
12. ASSIGNMENTOP ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual m ec no practice, overcharges resulting from antitrust
violations are in far, home by the Purchaser. Theretofore, fee owed cause and as consideration for extending this
pumhae order, the Seller hereby assigns 10 the Purchase any and all claims a may now have or hereafter
acquired under federal or sale antitrust laws for such overchntgn relating to the particular goods of services;
purchased or arquied by the Purchaser possum, to this purchase order.
❑. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the purchaser directs the Seller to correct nonconforming or defective goods by a dale to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability der unwillingness to comply, the purchaser
nay cause the work to he performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall mleax the, purchaser and its contactors of any net fmm all liability and claims of any more
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party relenal and shall extend to the
direemrs, officers and employees ofauch party.
The Sellers contractual obligations, including warranty, shall not be deemed ro be reduced, in my way, because
such work is perforated or award to be performed by the purchaser.
14. PATENTS.
Whenever the Seller is required to sex any design, device, mmenal or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Parchaer 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, expens or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution art after the completion of the work. In cave 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 pan is cultural, the Seller shall, at its awn expedee and at its option, either proare for the
Purchaser the right to continue using said equipment or pans, replan the same with substantially equal but
naninfnaging exnipmem, or modify it so it becomes noatafnnging.
15. INSOLVENCY.
If the Seller shall become iraolven, or bank.,,, make an assignment for the benefit of creditors, appoim a
receiver or trap mfor any of the Sellers property or bunoess, this order may forthwith be canceled by the
Pualnser, withou, I'abllty.
16. GOVERNING LAW.
The definitions triennia used or the interpretation order agreement ad the rights of all parties hereunder shall be
concerned uda and govemd by the laws of the Same ofColoado. USA.
The following Additional Conditions apply only in cases where the Sella is to pert work hereunder,
mduding the serviar of Sellers Represen ative(s), on the premises traders.
❑. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
use of any accident, dnuuction or may to the work and., materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to she satisfaction of the, Purchaser. When mmenals
and repairman are famished by others for installation or erasion by the Sella, the Seller sholl receive, unload
store and ladle same at the site and become mWmible therefor as though such masmals ands expaipment
were being furnished by the Sella under she order.
IS. 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 estimation with the work covered by this purchase orda.
muffin to their dependents in wcordance with the laws of the sea in which the work is to the done. The Seller
dull al.w carry exmprehemive general li om iry including, but rut limited to, mdmormal and automobile public
liability insurance with bdily injury and death limits of at It. S100,000) for any one persona, 5500,04(s0 for any
one cadent and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a rertifiate
that such compensation and inmmuce have been provided. Such emitiates shall specify the due when such
compensation and insurance have been provided. Such certificates shall specify the due when such compenation
and insurance expire. The Seller agrees that such compensation and insurance shall be maintained until after the
entitle work is completed and incepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby essuma the move rapareibility and liability for any aid all damage, loss or injury ofany kind
or more whatsoever to persons or property cmxsd by err numbing from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hamdns the Purchaser and any
r all of the Purchasers officers agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchase, may
be pa or subject by reason of my act, action, neglect, omission or default on the pan of the Sella, any of his
contractors, or any of the Sellers or comments officers, agents or employees. In case my suit or other
pmcedings stall be, brought against the Purchaer, or its officers, agents or employees at any time on account or
by reason of any act action, re teal, omission or default of the Sella or my of his commmnors art uny of in or
their officers, agents we employees de aforesaid, the Sella hereby anew to assume the defense theeof ad to
defend the same w the Sellers own expense, to pay any ad all costs, charges, aromrys fees and other expenses,
any and all judgments that may he incurred by or obtained against the Purchaser or my of its or their olicea,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obainal against the property of the Purchaser, or said parties in or as a exult of such suits or other procedings,
the Sella will at once cause the same to be, dissolved and dschargal by giving bond or otherwise. The Sella and
his contactors shall take all safety precautions, f ish and imull all guards accesvry, for the prevention of
accidents, comply with all laws and regulations with regard to salary including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant forma.
Revised WQ014