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HomeMy WebLinkAbout111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9146571Fort Collins Date: 11/10/2014 Vendor: 111572 PURCHASE ORDER WESTERN UNITED ELECTRIC SUPPLY 100 BROMLEY BUSINESS PKWY BRIGHTON CO 80603 PO Number Page 9146571 10f3 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: 11/07/2014 Buver: PAT JOHNSON Note: Vendor Information: Western United Electric Supply Slaybaugh Thompson Wesco / KVA Supply Line Description Quantity UOM Unit Price Extended Ordered Price 1 6709-8193 200 EA 125.0000 25,000.00 50KVA, xfiner cable kit BULK TRANSFORMER CABLE KIT, FOR 50 KVA TRANSFORMER, INCLUDING 6" RAYCHEM #WCSM 48/12-150S HEAT SHRINK TUBE & HOMAC #2043-11 COPPER SCREW - ON TRANSFORMER STUD ADAPTER (5/8" X 11 FOR 4/0 CABLE) CRIMPED TO A 12 FOOT 600 VOLT INSULATED FOR WET ENVIRONMENTS 4/0 COPPER LEAD INDIVIDUALLY COILED WITH EPDM CABLE END CAP, WITH HEAT SHRINK BAGGED AND ZIP TIED TO CABLE AND CONNECTOR ASSEMBLY 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 Fort Collins PURCHASE ORDER 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 PO Number I Page 9146571 2of3 This number must appear on all invoices, packing silos and labels. Total 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 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 9"502. Federal Excise Tax Exemption Carding, of Registry 84,6(X)5g1 is registered with the Collarm of lot..) Revenue, Deaver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in vansit, may be rammed W you for credit and are not to be replmed except upon receipt of wnnen instructions from rate City of Fort Collins. Inspection. GOODS are subject to the City of ran Collins inspection on w isal. Final Acceptance. Receipt of the merchandise, services or equipment in mpo.e to this order on result in authoriud payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent,,,. completion of all applicable required inspection procedures. Freight Terms. Shipments must to F.O.B., City of Fan Collins, 700 Wand St, Fad Collins, CO 80522, unless otherwise specified on this order. If pemtission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not W accepted. Shipment Distance More manufacturers have distributing points in varmus pads of the country, shipment is exported from fl r unrest distribution prim to destination, and excess fought Oil be deducted farm Invoice when ,hi pmen¢ are made from greater disarm. Permits. Seller shall pramre at sellers It cost all era., permits, duf inlc and licemcs required by all applicable laws, regulations, odi.... on sad tales of the state, municipality, tertiary or Political subdivision where flue work is performed, or mr aired by any other duly constituted public authority having jurisdiction over the work of vendor. Seiler bound agrees to hold the City of Fan Collins humans from and against all liability and loss incurred by them by reason of an assured or esmbllshnd violation of any such laws, a,.Iations,.nlirenco,, Its and rejuirements. Authorization. All panic to this contract agree that the representatives are. N fact, bona fide and precious full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance u, the to. and comfit .... .rated herein set beat and any sup,lemenmry or additional terms and conditions infused hereto or incmpnated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2 DELIVERY. PLEASE ADVISE PURCHASING AGENT immix iamly if you cannot make compldc shipment to arim on your ,mimed deliverydate es noted. Time is of the nsord, Delivery and performance must be eRccmd within the time sound on the purchase order and the doetmtenm attached hereto, No acts of the Purchasers including, without llmimtion, ncaptaam of partial late deliveries, snarl operate ss a waiver of this pmvisi.n.In the evert of anY afar. Ore Purchaser shall have, in addition to other legal and equitable remedies, me .,loan ofplacing His order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably fmvceable which are beyoM its reasonable comrol and without its fault ofrtegtigmce, such acts of God, acts ofcivil or military authorities, govmtmental priorities fires, strikes, flood, epidemics, wars or nors provided that notice of the conditions causing such delay is given to me Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the went of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller standards rds Nat all goods, strides, materials and work covered by this order will conform with applicable drawings, specifications, samples ardor other descriptions given, will be lit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard far work of a similar nature. The Seller .green W held the purchaser harmless farm any loss, damage or expense which the Purchaser may suffer or incur on =count of the Sellers branch of warranty. The Seller shall replace, repair or At good, without cost to the purcM1aseq any defects or faults arising within ova (1) year or within such longer ,mod of dime as may be prascribed by law or by are learn of any applicable warranty provided by the Seller after the date of wourros of the good remained hereurder (acceptance not to be ar.rably delayed), resulting from imperial or defective work done or materials famished 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 machine order, the Sellers liability hereunder shall extend to all damages proximately nosed by the breach of any of the foregoing warranties or guarantees, but such liability stall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. C CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal owns by wagon chant order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase may make any changes W the terms, other than legal terms, including additions 1. or dean.. from the quarmars originally ordered in the specifications or drawings, by verbal or woods change order. If any such change of nda the amount due or the time of performance hereurdeq an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written Cher, .der, terminate this agreement as to any or all portions of the goods then not shipped, subject to any'Waable adjustment between the parties as to my work or nationals then in pmgreca provided that the Purclwser shut not Ie liable for any claims for anticipated pf x on the uncompleted portion of the goods and/or work, for incidental or dingo matial damages, and Out no such adjustment be made in favor of the Seller with aspect to any good which are the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller army ofOci, obligati... to any gout' delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) m x from the dam Or change or termination is mdered. B. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fumished in sort compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such dommmus as may be required to effect or evidence compliance. All laws and regulations required to be vaccinated in agreements of this character are hereby incorporated herein by On reference. The Seller agree, to indemnify aM held the Purchaser bazmlass been. all fists and damages suffered by the Purchaser as is result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrimev consent of the other party. I O. TITLE. The Seller warrants full, clear and unrestrimed title to the Purchaser for all equipment, materials, and items famished n performance of this agreement, fra and clew of my and all here, reomio., reservations, security interest encumbrances and claims ofothers. I L NON WAIVER. Failure of the Purchased to insist upon strict performance of the rents and conditions hereof, failure or delay to exercise any rights or remedies provided ward. or by law, failure, W promptly notify the Seller in the now of a breach, the accammc of or payment for goods hereunder or approval of the design, shall not mleau the Seller of any of the warranties or obligations of this purchase order and shall not be dremod a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remndies c to any such goods, regardless of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall any purmard oral modification or rescission of this purchase odtt by the Purchaser opsom, as a waiver of any of the a= hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in acres] re nis practice, overcharges resulting farm antitrust violations are in fact home by the Purchaser. Theretofore, far tgood cause and as movidemtion for exerting this purchase order, the Seiler hereby assigns to the Purchaser any and all claims it may now have or hervand acquired under federal or state antitrust laws for such overcharges relating to the vidicular goods or services purchasnd or acquired by the Purthuer parsuanr to this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective roods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs awaisted with such work. The Seller shall release the Predicted and its contractors of any tier been all liability and claims of any nature resulting from the permanence ofsuch work. This release shall apply even in the event of fault of negligence of the patty released and shall extend to the directors, officers and employees exurb party. The Sellers command obligations, including warranty, shall not b, deemed in b, reduced, in any way, because such work is performed or caused to be parliament by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or prwess covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Pumhvser from any and all claims for infn'ngemmt by reason of the ma of such Wrested design, device, material or process in connection wire the contract, and shall wmwwify the Purchases for any cost, expense or damage which it may be oblignd to pay by reawn of such infringement at any time during be par nation or after the completion of the work. In case said ex ripmen , or any part 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 enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to roman., using suid al.ipm,a, art parts, replace the same with substantially equal but ammunition equipment or modify it so it becomes noninGngivg. 15. INSOLVENCY. If the Sella shall become insolvent or barkmpt make an a cognmem for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Portland without liability. 16. GOVERNING LAW. The definitions oftemn wand might intrepretation off] a ageament and the rights of ell,mica hrreunder shall be ..trued undo and governed by she laws of the State ofC.Ima do, USA. The following Additional Conditions apply only in cases where the Seller is in perform work hereunder, including the services of Sellers Represen ativirs), on Ne premisesof others. ❑. SELLERS RESPONSIBILITY. The Seller alvall may an said work a Sellers awn risk .,it the same is fully completed end accepted, aM shall, in use of any accident destruction or injury to the work and/or materials before Sellers final completion and mortgagee, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller .hail receive, unload, store and handle same at the site and become responsible therefor a though such numands andtm equipment were being fianished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease bmefie, m its employees employed on or in connection with the work covered by this purchase aria, and/or W their dependents in accordance with the laws of the state in which the work is W be done. The Seller sM1all also may comprehensive general liability including, but art limited to, contmchal end automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, 5500,000 for my one accident and property dunnage limit per mcidem of SmO,000. The Seller shall likewise depend, his cmnmdors, if any, to provide for such compensation and command. Before my wthe Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish due Purchaser with a rafficate that such compensation and insurance have been provided Such condition shall slimily the date when such am. pemioo and announce have been provided. Such mrfirates shall Vanity the rate when such compensation nd announce expires. The Seller agrees Nat such compensation and insurance Shan b r maintained unit after due moire work u completnd 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 of any kind or nature whatsoever to persons or properly caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchase and any r .11 of the Purchasers .fors, agents end employees farm and against any and all claims, losses, damage, charges or captured, whether direct or ambient, and whether to persons or property W which the Purchaser may be put or subject by reason of any act, mad, neglect, omission m default on the par of the Seller, any of his ontmctors, or any of the Sellers or contractors afters, agents or employees. In case any soil or other proceedings shall be brought against the Producer, 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 officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defease thereof and to defend the same at the Sellers own candor, to pay my and all dots, charges, contains far and other expends, any and of judgments that may be incurred by m obtained appear the Purchcer or any of its or their officers, agents or employees in such suits or other proceedings, end in case judgment or other lien b, placed upon or obtained against the property.fthe Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will at once nose the scone to be dissolved and discharged by giving bond or otherwise. The Seller and his commmors shall take all safety precamiom, famish and dermal all guards naeusary far the prevention of accidents, comply with all laws and otplarms, with reganl to safety includng, but without Initiation, the Occupational Safety and! Health Ad of 1970 and all rules and remotions issudd parment there t. Revised 07n014