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HomeMy WebLinkAbout111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9146361PURCHASE ORDER PO Number Page CI'�/ of PURCHASE 9146361 1.12 `t Collins I„C This number must appear C V ` 1 1�7 on all invoices, packing �slips and labels. Date: 10/30/2014 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: 10/30/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 7006-6855 23' F/G streetlight pole YARD 75 EA 262.0000 19,650.00 POLE, STREETLIGHT, 23', TAPERED FIBERGLASS, POLE TOP 3" MAX. O.D., WITH STEEL SLEEVE, 2" DIA. ACCESS HOLE, BLACK SMOOTH FINISH, PER 373-103, DRAWING REV F SHAKESPEARE, BS23-01-S1AA99; 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 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. By statute the City of Fan Collins is exempt from sure and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption CeniOcate of Registry 84-6D00587 is registered with the Collamr of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Rumors 1973. Chapter 39-26,114 (a). Goods Rejected. GOODS MECTED due to failure m meet specifications, either when shipped or due to defects of damage in transit, may be Teti med to you for credit and are not tube replaced cavern upon receipt of wr item instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of ran Collins inspection on arrival. Final Acceptance. Receipt of the metebaodise, Services or component in orchestra, to this order can result in authorized Wymem on the an of the City of Pon Collins. However, it is to be wderstand tend FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms, Shipments must be ROD ., City of ran Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on Nis order. If permission is given to prepay freight and charge separately, the original freight bill must accompany imnice. Additional charges for packing will vest be assigned - Shipment Distance. Where rnanufazmrers have distributing points in various parts of the country, shipment is expected farm the nearest distribution pawl to destiwtian, and cxecss freight will be deducted farm wvoice when shipments arc made from greater distance. Permits. Seller skill procure at sellers sole cost all necessary permits, certificates and licenses raNired by all applicable laws, regulabors, midimmes and soles of the sure, municipality, territory or political subdivision where the weak is performed, or required by any other duly com outed public authoriry haling jurisdiction over the work of vendor. Seller broker agree to hold the City of Fort Collins harm farm and against all liability and loss incurred by them by reason of an awned or esublotbat violation of any such laws, regulations, ordinances, soles and requiremcnda. Authurirarion. 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. Ibis purchase Order caprcssly limis acceptance to the mans and conditions muted bercw set fan, and any mpplemenury or additional terror and mediums amexM hereto or irrationalist herein by reference. Any additional or different terms and conditions proposed by Sella art Objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive, on your promised delivery date as noted. Time is of the essence. Delivery and perfrmance most be effectedwithin the time stated on the purchase, order and the documents attached hereto. No acts of the Pumhaers indnding, without limitation, acceptance of partial late deliveries, shall mcm , 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 placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages ss a result of delays due to causes not reasonably fomseeable which art beyond its reasonable control and without its fault of uegligence, such acts of God, acts of civil or military authorities, governmental priorities, Bees, stakes, flood, epidemics, wan or riots provided that much, of the conditions causing such delay is given m the Purchaser within five (5) days of tic time when the Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall be extended for the period cuual to the time centrally lost by reason of the delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, sample and/or he, descriptions Rivet, will be fit for the purposes intended, and perforated with the highest degree of care and competence in accordance with accepted standard for work of in imilar nature. The Seller agree to hold the pur<bser harmless from any loss, damage or expense which the Purchase may suffer or incur an account of the Sellers breach of wartanY. The Seller shall replace, head, or nuke good, without cost to the purchaser, any defers or ranks; arising within one (1) year or within such longer period of time as may be p rsembed by law or by the terms army applicable wamnty provided by the Seller after the dare of acceptance of the good famished hereunder (acceptance not to be unseaonably delayed), resulting farm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goads by the Purchaser Shall nut constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or Resources, but such liability skill in no event include loss ofpsifins or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other do legal terms, including additions to or deletions from the g..,in. originally ordered in the spaifremions or drawings, by verbal or wnnrn change order. If any such change alfecs the amount due or the time afperfomtmce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may m any time by wrinnt change oNeq terminate this agreement ss m any or all portion; of the goad then not shipped, subject to any ryulmble adjustment between the parties as to any work or tnaterials then in Empress provided that the Purchaser shall not be liable for any claims for anticipated pmfida on me uncouple ed painum of the good andtm work, for incidental or consequemwl damages, and that no such ndjuumem be made in favor of the Seller want respect many goads which art the Sellers standard stack. No such Ierminatioo shall relieve the Purchaer or the Sella ofany of their obligation a to any good delivered herewder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within min, (30) days from the date the change or teamination is ordered. 8. COMPLIANCE WTf H LA W. The Seller wamnts that all goods Sold hereunder shall have been produced, Sold, delivered and famished in strict compliance wins all applicable laws and regulations to which the goods art subject. The Seller shall execute and deliver such duwmennt as may be required m effect or evidence compliance. All laws and regulations required to be incorporated in agreements ol'this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all vests and damages suffered by the Purchaser as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall assigq transfer, or convey This order, or my monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants fwl, clam and mrestricled title to the purchaser for all equipment, materials, and items famished in performance of this agreement free and clew of any and all liens, rcviccons, raervmions, security formal encumbrances and claims of.thers. I L NON WAIVER. Failure of the Purchaser to insist upon strict performance ofthe terms utd conditions hereof failure or delay he any rights or remedies provided threw or by law, failure to promptly oetify the Seller in the event arm n lessoCme acceptvttt for Paymmr far good hereunder m approval ofthe deign, shall rot release the Seller of any of the warranties or obligations of Ibis purchase order and Skill not be deemed a waiver of any night of the purchaser to insist upon strict perfin. hereof or any of its rights or mmedhes as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser Megrim that w actual economic Practice, overcharges resulting from antitrred violations an, in fact home by the Purchaser. Thereto( , for good cause and as consideration for execuring this purchase order, the Seller hereby assigns an the Purchaser any and all claims it may now have or herrz0er acquired under federal or state worms t laws far such overcharges relating to the particular goods or services purchased in acquired by the Purchaser pursuant to this pduchau order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifine Purchaxr directs the Seller to career nonwnforming or defective gaud by a date to be agreed upon by the Purchase and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Pum romr may cause the work to be performed by the most expeditious means available m n, and the Seller shall pay all costs associated with such work. The Seller shall release the Pumhoser and is concomitant of my tier from all liability and claims of any nature resulting from the perfrear. aof such work. This release shall apply even in the event of fault of negligence of the parry ¢leased and skill extend to the directors, officers and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is mNircd to use any design, device, material or pagers, covered by lever, patent trademark r copyright, the Seller shall indemnify and Save harmless the Pumh vu from any and all claims for infringement by reason of the use of such patented design, device, matured or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it by be obliged to lay by reason of such infn'ngrment at any time during the prosecution or alter the completion of the work. In case avid equipment, or any part thereof or the intended Sax of the good, is in such suit held to command infringement and the ard of Said equipment or pan is pimd, the Seller shall, at its out expense and at its op,on, either pmeve for the Pumhaxr the right to continue using Said equipment an pans, replace the same with substantially ryes] but nmcnfnging equipment, or modify it So it becomes noninfn'nging. 15. INSOLVENCY. If the Seller shall become insolvent or haNrmpt, make an assignment for the bone( of creditors, appoint a or t.too for any of the Sellers pmpeny or business, this order may forthwith be canceled by the ptuc,ascr without liability. 16. GOVERNING LAW. The definitions armors used or the interpretation ofthe agreement and the rights of all Pattie hereunder shall be construed undo and governed by the laws crime State of Colorado, USA. The following Additional Condition apply only in cases where the Seller u to perform work hereunder, includng the service ofS.Ilers Represeatative(s), an the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any secidere, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to line satisfaction of the Purchaser. When materials and equipment s , humbled by others for installation or erenion by the Seller, the Seller shall receive, unload, store and handle Same at the site ark become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. I8. INSURANCE. The Seller shall, at his own ex,rnsr, morvrde far the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andrar to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, bur not limited to, commercial and automobile public liability iamrastee with bodily injury and loth limits of at least S300,000 for any one person. SSW." for my one accident atM property damage limit per accident of S400,000. The Seller shall likewise helium his contractors, irony, to p.side fur such compensation and insumamx. Before any of the Sellers or his commctors employees shall do any work area the premises of others, the Seller shall famish the Purchaser with a rertifiem that such compensation and insurance have been provided. Such eenifcases shall maxi the dam when such compensation and insurance have been provided Such certificates shall specify the date when such cornam ation and insurance expires. The Seller agrees that such compensation and insurance shall ber maintained until after the attire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whosoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold kirmless the Purchases and any Or all of the Purchasers offerers, agents and employees from and against any and all claims, losses, damages, charges or expenses, adult direct or wdirat, and whether an persons or property to which the Purchases may Ed put or subject by mason of any act, action, neglect, omission or default on 0e pan of the Seller, any of his nntractors, or any of the Sellers or mntramors officers, agents m employees. In case any sail or outer proceedings skill be, brought against the Purchases, or its officers, agens 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, agenda or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expend, to pay any and all count, charges, atmmrys fees and other expenses, any and all judgmennt fat may be incurred by or obtained against the Purchaser or any of is or their officers, agents or employees on such suits or other proceedings, and in cast judgment or outer lira be placed upon or Obtained against the property of the Purchases, or Said parties a mull of such of. or outer proceedings, the Seller will at once cave the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall like all Samry prevautions, finish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safetyand Health Actof 1970 and all rulesandregulatiomissuedpu tthereto. Revised OIR014