Loading...
HomeMy WebLinkAbout111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9145691PO PURCHASE ORDER 9145691 Page C117/ of PURCHASE 45691 t of z ' `tCollins( This number must appear V " on all invoices, packing sli s and labels. Date: 10/06/2014 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: 10/01/2014 Buyer: PAT JOHNSON Note: Please ship full bundles only Line Description Quantity UOM Unit Price Extended Ordered Price 1 6541-1116 8700 FT 2.8200 24,534.00 4" x 20' direct bore conduit 65411116 YARD CONDUIT, 4" X 20' OVERALL LENGTH, SCHEDULE 40 PVC WITH WATER -TIGHT LOCKING RING JOINTS FOR DIRECTIONAL BORING APPLICATIONS CARLON, BG440SP-020; CERTAINTEED, 667237; Certainteed 5807bundle, 8700' minimum order qty. 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.00m Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tertns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemplios. By statute the City of Fort Collins is exempt from sort, and boat taxes. Our Exemption Number is 98-0 502. Federal Excise Tax Exemption Certificate of Registry M-MS87 is registeaW with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Swmta 1973, Chapter 39-26, 114 (a). Guests Reject. GOODS REJECTED may to failure to mad specifications, either when shipped or due to defects or damage in being, may be retttmal to you for credit and are not to be replaced except upon receipt of wrinen instructions from the City of Fort Collins. Inspection. GOODS arc subject to rise City of Fort Collins violations on anfsd. Fired Acceptance. Receipt of the merchandise, se r equipment in response to this order canresult in th anodson d pa,Mart flue pan of the City of Fon I Collins. worever, it is to Ise utand Wat ndersFINAL ACCEPTANCE is dep a dart upon completion of all applicable rwryimA inspection pmcediews. Freight Terms. Shipments must be F.O.R. City of Fort Collins, TW Wood Sr, Fan Collins, CO 80522, unless otherwise specifid on Nis oNec. If pemmisslon is gixn happen, freight and eharge separately, the origitul freight bill most accompany inwim. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expelled fmm the nearest distribution Point to deduction, and excess freight will b, deducted farm Invoice when shipments am made fmm greater distanm. Pandits. Seller shall pmmre at sellers .to cost all necessary permits, certificates and he. required by all applicable laws, regulations, oMiravices and roles of the sole, municipality, ternary M political subdivision where the work is performed, or required by any other duly assumed Public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins locations firm and against all liability and lass eerred by them by ms, own of an asserted or established violation of my such laws, regulationordiwnces, rules nd requirements. Authoritarian. All parties to this contrxt agree that the representatives are, in fact, bona fide and possess full and complete autherriry to bind said panes. LIMITATION OF TERMS. This p wbouse Order expressly limits seceptance to the wags and conditions stated herein stir forth and any supplementary or additional lemon and coushoons annexed hereto car incorporated herein by reference. Any addilmoril of di@red sums and conditions proposal by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you carnal make complete shipment to ounce on your promised delivery date as aimed Time is of We essence. Delivery and pamemana mat b, effected within the time stated on the purchase order and the documents snatched hereto. No eons of the Purchaers including, without limitation, avr,mnce of partial late delianes, shall operate as a waiver ofthis provision. In the event curry delay, the Purchaser shall have, in addition to other legal and equiuble remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However. de, Seller shall car be liable for damages as a result of delays due to causes not reasoobly foreseeable which are beyond its reasonable control and without its fault ofnegli'ma. such acs of God, acts ofeivil or military authorities, governmental priorities, fires, strikes, hood, epidemics, wars er riots prodded that notice of the conditions causing such delay is given to the Purchaser within fire (5) days of We time when the Sella first received knowledge therm l In the went of any such delay, the date of delivery shall nd extended for the period octal to the time actually lost by reason of the delay. 3. WARRANTY. The Sella wnemnts Nat all gWi, articles, mmmals and work coveted by this order will conform with applicable drawings, s,wificdmic, samples odor oNec descriptions given, will be fit for the purposes immded, and Performed with the highest degree of care and competence in mmNance with accepted stodardt for work of a similar nature. The Seller agree a hold me purcha,er harmless fmm any loss, damage or expense which the Purchaser may surfer or incur on account of the Sellers breach of wamart. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults rising within one (1) year or within such longer period of time as may to presented by law or by the team of any applicable waranry provided by the Seller after the date of acceptance of the goods fiunishcd hereunder (acceptance not an be toenwnably delayed), e,alting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser vital) not constitute a waiver of any claim under this waranry. Except in otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by tee breach of my of fire foregoing warrants, in gtutamecs, but uch liability shall in ro event include loss of pi or loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may it, changes; to legal terns by women change oNec 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to M deletiom fears the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change allecs the amount due or the time of performance hereunder, car amicable adjustment shall be made. 6. TERMINATIONS. The Purchew, may at any lime by written change order, terminate this agreement as to any or all Portions of the goods then not shipped, subject to any equitable adjustment between the parties in to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncomplaal porfion cribs goods andor work, for traditional a cre"armand damages, and that no such adjustment Is, made in favor of the Sella with respect to any goods which are the Sellers standard stack. No such iemrination shall relieve the Purchaser, or the Seller army of their obligations sedo ony goods didward hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants tlast all goods sold hereunder shall M1ave been produced, sold, delivered end Furnished in amid compliance wit all applicable laws and regulations to which the goods are subjecL The Seller shall execute and deliver such documents as may be, rocuired to effect or evidmse compliance. All laws and regulations cancer] to to nwrportal in agreements of this character am hereby ineommmted herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless foam all costs and damages suffered by me Purchaser s a read, of the Sellers failure It comply wido such law. 9. ASSIGNMENT. Neither party shall sxign, tmsfer, or convey this oNec, or my monies due or to become due hereunder without the Prior wai,rn consent ofthe other parry. 10, TITLE. The Seller warrants full, clear and muanicwd tide to the Purchaer for al I equipment, materials, and items fumivhed in performance of this agreement, free and clear of my mat all liens, restrictions, reservations, security moment encumbrances and claims ofethers. I I. NONWAIVER. Failure of the Purchaser to insist upon train performmce of the memo and conditions bacof, failure or delay to exercise any rights or remalies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of my of the wsmmli, or abligations of this purchase coder and shall not be domed a acoustic of my right of the purchaser to insist upon strict paramount hereofor my of its rights or remedies as to my such goods, regardless of when shipped, received or accepted, as to my prito or subsequent default hereunder, or shall any purponN owl modification or rescission of this purchase order by the Purchaser decade as a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the purchaser recognise that in reared aommic mosaice, overcharges resuI,i.g Bom mai.t violations aw in fact home by the Purchaser. Theretofore, for good muse and as consideration for executing this purchase order, the Seller hereby assigns to We Purchaser any and all claims it may now have or hereafter acquired muter Regard or state moment laws for such overcharges relating to the particular goods or services purchnscd or oWiral by the Purchaser portion to this purchase ondn. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pummoer duar, the Seiler o correct nonconforming or defective goods by a dale a be agreed upon by the Porringer and the Salle, and the Seller thercaRer indicates its inability or unwillingness to comply, the Purchaser may cause the work to to performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors afford, fia fmm all liability and claims of any came resulting from the performance of soh work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Settees commetml obligations, including waranry, shell not be deemed to be reduced, in any way, because such work is parfonand or muwd to Is, performed by We Purchaser. 14. PAT'ENTS. Whenever the Seller is required to use any design, device, maeral or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and rove hapless the forerunner fmm my and all claims for tobo gemem by ververs of Ne use of such pmemal design, device, material or process in connection with the contrxt, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by crown of such infringement at any lime during the prosecution or aRer the completion of the work. In cam said equipment, or any par thereof or the intended uu of the gcndi. is in such mit held to cunstima inhfngement od the use of said aluipmen or pan is enjoined, the Seller shall, at is awn expense and at its option, either mems for the Purchaser the right to continue using said equipment or pars, replace the name with substantially egml but comminuting asymptotic, or modify it so it becomes coninfnnging. 15. INSOLVENCY. if the Seller shall become ..local or miscount, make im assignment for the becrefir of crediars, appoint a receiver or oust,, for any of the Sellers progeny or business, this order may forthwith be arrested by the Purchaser without liability. 16. GOVERNING LAW. The definitions, of terms used or the interyrtwion ofthe agreement and the rights ofall parties hereunder shall be amounts] under and groves d by the laws of the Stow ofColmdo, USA. The following Additional Conditions apply only in caws where the Seller is to perform work hereunder, including the maica of Sellers Repremnwtiods), m the paemua of others. 17. SELLERS RESPONSIBILITY. The Sella shall arty on said work 9 Seller's own risk until the same is fully completed and accepted, and shall, in are of any acciden4 destruction or injury to the work andor materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and ocuiprr¢nt are Furnished by others for installation or erenion by the Sella, me Sella shall receive, unlmd, store and handle same in the site aM become responsible therefor in though such mmeaials andsor economist were being fumished by the Seller under the order. 18, INSURANCE. The Seller shall, at his own expense, provide for the payment of workers comparisons, including recupadonal disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in wardance with the laws of the stare in which the work is to to done. The Seller shall also carry comprehensive general liability including, but not limited to, compared and automobile 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 progeny damage limit per accident of 5400,000. The Seller stall likewise require his contractors, if any, a provide for such compensation and insurance. Before any of We Sellers or his commdors employees shall do any work upon the premises of others, the Sella shall firmish the Purchaser with n armicate that such compensation and insurance have been Wovidal. Such cenifirems shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and isumnee expires. The Seller agree fast such mmpesatian and insurance shall be maire inttl until aRer the entire work is completed and accepted. 19. PROTECTION AGAINSTACCIDENTS AND DAMAGES. The Seller hi assams the more responsibility and liability for any and all damage, law or injury ofmy kind r nature whatsoever a persons or co pany caused by or resulting beam the execution ofthe work Provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any r all of the Purchasers mincers, in. and employees from and against any and all claims, tastes, damages, charges or exposes, whether direct or indicator, and whether to persons or pmpeny to which the pardoner may be put or subject by ream of my act, action, neglect, omission or default on the pan of the Seller, any of his ammonrs, or my of the Sellers or contractors officers, agents or employees. In case any suit or other proeealings shall be brought against the Foundation, or its officers, agents or employees at any time on recoat or by neaten of any act, action, neglect, omission of default of the Seller of my of his contractors or any of its or their officers, agents or employees as afaresnid, the Seller hereby agrees to assume the defense thereof and to defend me same at the Sellers awn exPonw, den pay my and all costs, charges, aeomcys fees and Wha expenses, any and all judgments that may be ivcmred by or obtainal against We Ptucbamr or my of its or weir officers, agents co employees in such suits or other proceMings, and in case judgment or other liar be placed upon or obtained against the propnty of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at ore area, the more to be dissolved and dischargal by giving band or otherwise. The Sella and his mnbactms shall coke all when, precauaims, famish vet install all goods necessary for the prevention of accidents, comply with all laws and regulaios with regard to safety including, but without limitation, 'he Occupational Safety and Health Act of 1970 and all rates and regulations issued parmant memo. Revised Ringlet