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HomeMy WebLinkAbout111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9146441PURCHASE ORDER PONumberPage City, of PURCHASE 9146441 1 of 2 ' `t Collins Ins This number must appear V ` 1 1 on all invoices, packing sli s and labels. Date: 11/04/2014 Vendor: 111572 WESTERN UNITED ELECTRIC SUPPLY 100 BROMLEY BUSINESS PKWY BRIGHTON CO 80603 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 11/04/2014 Buyer: PAT JOHNSON Note Line Description Quantity UOM Unit Price Extended Ordered Price Invoice 4057371 1 LOT LS 9,451.16 Fiberglass Bases 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 Pay terms net 30 days Invoice Address: 1.16 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By suture the City of Fon Collins is exempt from stem end local coxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry M-6000587 is informal with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods R jaded. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon rnmipt of written instructions fmm the City of Fort Collins. Inspection. GOODS are subject o the City of Pon Collin inpection an consul. Fowl Acceptance. RaUip, of the merchandise, services m equipment in rn,. to this Under can result in malwrized Payment ma the Ilan of the City of Fiat Collins. However, it is to he understood that FINAL ACCEPTANCE is dependent upon completion of all applicable requiral inspection procedures. Freight Tents. Shipments mull be F.O.B., Ciry of Tom Callim, 70) Wood St., Fall Collins, CO 90522, unless otherwise specified on this order. If permission is giver to prepay freight end charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. When manufeacers have monitoring points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will h deducted from Invoice when shipments are made from grater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, c nificmes and home,i required by all applicable laws, regulations, ordinances and rates of the stale, municipliy, narrowly or political sundivimant where the work is pert ed, or required by my other duly commormd public authority having jurisdiction over the work of vcndnr. Seller fonder names to hold the City of Got Collins arrnles from and against all liability and loss incurred by than by reason of an wanted or established violation of any such laws, regulation; ordinances, rates and requirements. Authorization. All parties to this contract agree that line representatives art, in fact, bona fide and possess full and complete authority to bind said panic, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sited herein sex toed and any supplementary or additional terms and conditions annexed hereto or incory nual herein by reference. Any additional or different terms and conditions proposed by seller are al tiled to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment a aria, on you, promised delivery, date as noted. I line is of the essence. Delivery and performance most be effated within the lint, stated on the purchase order and the documents attached hereto. No acts of the Purchasers; including, without limitation, acceptance of partial late delivelirs, shall opcom as a waiver of this provision. In the event of any delay, the Purchase, shall have, in addition to other legal and equitable remedies, the option of placing this orda elsewhere and holding the Seller liable for damages. However, the Seller shall not be, liable for damages in a rash of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, govemmonul priorities, fors, strikes, food, epidemics, won tar riots provided chat notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the ,at of any such delay, the date of delivery shall be extended for the period equal to the time actually lose by reason of the delay. 3. WARRANTY. The Seller warrants Nat all good, articles, materials and work covered by this Under will conform with applicable drawings, specifications, sampla anNm other descriptions given, will be fit for the puryosa intended, and Performed wind the highest degrte of care and competence in acwrdmec with acceprd standard for work of a similar nature. The Sella agrees to hold the purchaser harmless fmm sly loss, damage or expanse, which the Purchaser may inflictor incur on account ofthe Sellers breach of warranty. The Sella shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the ¢tars of any applicable warranty provided by the Seller other the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fimished by the Sella. Acceptance w use of goad by the Purchaser shall not institute a waiver of any claim under this warranty. Excepl as otherwise provided in has purchase order, the Sellers liability hereunder shall extend to at I damages proximately caused by the breach of any of me foregoing wamanties or guarantees, but such liability shall in no event include lass of pi or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Porchaser may make changes to legal team by wrmen change cola. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the corn¢, the, than legal moms, including additions to or deletions from the quantities originally ordered in the aPeci6rstions err crowings, by camil or wri wn change arm, 11any vach change atEaU the amount due or the time ofperfomnatce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pumhase, may at any time by written change Under, lemtimte this ageemar as to any or all Wniow of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided Nat the P ombanow shall not be liable for any claims for anticipated Profits on the uneomplaed portion of the good and/or work, for inkidenul or consequential damages, road that no such ndjustmeat he made in favor of the Seller with n-pert to any good which are the 5d1. standard stock. No such rem wdfi. mall relieve the purchaser or the Seller ofmy of their obligations as many goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warans Our all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods we subject The Seller shall execute and deliver such do mnmts as may be required to effect in evidence compliarue. All laws and regulations required to be incorporated in alumni of this character sm hereby incorporated herein by this reference. The Seller agrees in indemnify and hold the Purchaser harmless floor all costs and damages suffered by the Purification as a result of th, Sellers failure to comply with such law. 9. ASSIGNMENT. Neitha party shall assign, transfer, or convey this Under, or my monies due or to become due hereunder without the prior wrten consent inflow other party. 10. TITLE. The Seller wmmwO full, clear and Unrestricted title to the Patrician for all equipment, materiels, and items famished in performance of this agreement, free and clear of my and all liens, restriction, reservations, security interest encumbrances and claims of mhers. II. NONWAIVER. Failure of the Par ba err to insist upon man performance of the terms and conditions hereof, failure or delay to exercise any rights or candies provided herein or by law, failure to promptly testify the Seller in the event of a breach the acceptance of or payment for goods hereunder or approval othee design, shall not release the Sella of any of the warranties or obligations of this purchase aide, and shall not Is, darned a waiver of any tight of the purchaser to insist upon strict performance hereofor any of its rights or remedies se to any such goods, regardless of when shipped, received or accepted as to any prior or subsequent default hereunder, nor shilI any purported am[ modification or nexcission of this purchasr order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and to Pumhasa mcognize cast in actual economic practice, overcharge resulting floorus anlivr violations are in fact Iwme, by the Purchaser. Thercu fore. for ugood cause and m consideration for executing this purchase order, the Sella hereby assign to the Pumhea any and all claims it may now have or hereafter acquired under federal or sure ammust laws fat such overcharge relating to the particular goods or service purchased or acquired by the Purchaser purswm to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to annual nonconforming or defective goads by a date to be agreed upon by the Pmcheer and the Seller, and the Seller thereafter indicates its inabili y in unwillingness 1a comply, the Purchaser may cause the work to be geothermal by the most expeditious meaty available to it, and the Seller shall pay all cases associated with such work. The Sella shall relrase the Purehssn and its contractors of any tier firm all liability and claims of any name resulting firm the performance of such work. This release shall apply even in the went off h of negligence of the parry rclassed mad shall amend to the directors, officers and employees of such parry. 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 performed by the Purchaser. 14. PATENTS. Whenever the Scaler is required to use any design, device, material or process covered by latter, patent, trademark or copyright, the Seller shall indemnify and save hamless the Purchaser from any and all claims for infringement by moral of the use of such Foamed design, device, rommat or process in connection with the contract, and shall indemnify the Purchaser for any cost experam, or damage which it may be obliges to pay by reason of such infringement at any time during the prosecution or after the complains of the work. In case said equipment, or any pan thereof or the intended use of the goad, is in such suit held in corn mute infringement and the use of said ryulpment or pan is enjoined, the Seller shall, at its own expense and at is option, either proenue fat the Producer the right to continue using said equipment or pan, replace the same with substantially equal but noninfringing ryulpmeln, or modify it so it becomes noninfringing. I S. INSOLVENCY. If the Seller shall become insolvent or bankmpt. make an assignment for the benetil of creditor, uppoim a receiver or trustee for any of the Sellers property or business, this curer may forthwith be canceled by the Pmcbaser without liability. 16, GOVERNING LAW. The definitions of terns used or the imerpreution ofthc agreement and the rights ofall Panics hereunder shall be mnstmed under and governed by the laws of the Scam of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services ofSellcrs RcprtsrnNtive(s), on the premiers ringers. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Seller's own risk until the same is fully completed and acwpted, and shall, in cattle of any accident, desuuctlon or injury to the work ampar materials before Sellers final completion and acceptance, complete the work At Sellers own expense and to the satisfaction of the Purchase, When materials and equipment are furnished by orders for humiliation or ,anion by the Sella, the Sella shall receive, adwd, store and Monte same at the site and become responsible therefor as though such materials andor equipment were ban, fturnishord by the Sella under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed an at in connection with the work covets by this purchase order, motor to their dependents in accordance with the laws ofthe mile in which the work is to be done. The Seller shall also carry comprehensive gmeml liability including, but not limited to, contractual and automobile public liability imurence with bodily injury and death limits of at least Sow w) for any one person, 5500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his if wry. m provide far such compensation and in e. Before any of the sellers or his contractors employees shall do any work own the premises of others, the Seller shall furnish the Purchaser with a calibrate that such compensation and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and announce ce exports. 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 Sella hereby masumns the entire respoembiliry and lisbiliry for any and all damage, loss in injury ofmy kind or wtme wosoeve, to parsons or pnipary caused by or resulting from the execution ofthe work provided for oor. this purchase Under or in connection herewith. The Seller will indemnify and bold barmles the Purchaser and any cr all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persona or property to which the Purchase, may be, put or subject by reason a any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors olEcar. agents or employees. In case any suit or other Proceedings shall b<brought against the Purchaser, or its officers, agents 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 ootce s, agents or employees as aforesaid, the Seller hereby agree to assume the defense thereof and to defend the same at the Schas own expense, m Pay any and all costs, changes, anomeys fay And Other eapeau; my and all judgments fat may he incorrect by or obtained against firm Pruchasa or any of its or their officers, agents or employees in such suits or other proceedings, and in cam judgment or other lien be, placed upon or obtained against the property ofthe Pardoner, or said parties in or m a mutt of tech suits or other praceeAirg, the Sella will at once cause the same m h dissolved and dirchorged by giving bond or otherwise. The Sella and his mmmmors shall take all safety precautions, 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, the Occupational Safetyand Health Act of 1970 and all custard regulations issued pursuant thereto. Revised Wall