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HomeMy WebLinkAbout110986 FORT COLLINS WINLECTRIC - PURCHASE ORDER - 8800002City of Fort Collins Page Number: 1 Vendor: 110986 City of Fort Collins FORT COLLINS WINLECTRIC 1616_RIVERSIDE DR P O BOX 271005 FORT COLLINS CO80527-1005 Date: 01/02/08 BLANKET Purchase Order Number: Ship To: ::1111 DRAKE WATER RECLAMATION FACILITY CITY OF'FORT COLLINS 3036'ENVIRONMENTAL DRIVE FORT COLLINS CO 80525' uuuvery uate:-rusuuu Buyer: DICK,OPAL Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Qty/Units Description Extended Price 1 BLANKET PO FOR 2008 I&E SUPPLIES 3,000.00 Total $3,000.00 This order is r6aalid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP City of Fort Collins Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522.0580 PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Condition 1. COMMERCIAL DETAILS. Invoice Address. To ensure prompt Payment mail invoices in duplicate to: City of roil Collins Accounting Division P.O. Box 580 Fort Collins, CO 80522 Tax exemptions. By statute the City of Foil Collins is exempt frail state and local taxes. Our Exemption Numher ig 98-04502. Federal Excise Tax Exemption Cenifmse of Registry 84-6000587 is registered with the Collocim of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Stnunes 1973, C'hapicr 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be mounted to you for credit mid are not to be replaced except upon receipt of written instructions from the City of Fat Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival Final Acceptance. Receipt of the merchandise, services or equipnwnt in response to this ordercar result in auhoneed myount on the Pan of the City of Pon Collins. However, it is to be tmdcistood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipmmats mat be F.O.B., City of Fat Collins, 700 Wood St, Fat Collins, CO 80522. unless otherwise specified on this older. If pennissia is given to preµvy Beight and charge separately, the anginal freight bill must accompany invoice. Additional charges for pocking will not In accepted. Shipment Distance. Where nannfacturan have distributing points in various µits of tine country, shipment is expected from the nearest distribution point m destination, and excess Bcight will be deducted prom Invoice when shipments are made from greaterdistance. Permits. Seiler $11011 procure at sellers sole cost all necessary pernuis, certificates and licenses required by all applicable laws, egulatiom, ordina¢a and ml. of the state, municipality, territory or political subdivision where the work is perforated, Or required by ary other duly calculated public authority hningjudadiction over the work of vendor. Seller further agrees to hold the City of Pon Collins Imnmles from rand against all liability and loss mourned by them by reasai of an asserted or established violation of any suck Imes, regulation,, odintinces, odes and requirements. Authorivntion. All panics to this contract agree that the representatives are, in fact Iona fide and p ss as full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance an die terns and conditions stated herein set faith and any supplementary or additional hemis and conditions annexed hcrcro or incorporated herein by reference. Any additional on different and conditions pruposed by sells' an objected to and hereby jested. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT imnnedimely if you umnot make cormpkte shinvont to arrive on year pra ised delivery date as noted. Time is of tiro alliance. Delivery and ile fmnunce must he eBecal within the time stated on the purchase Older and the documents attached Iereto. No sets Of the Purchumrs including, without Radiation, acceptance of partial late deliveries, shall oromm as a waiver' Mint; provision. In the event of any &troy, the PtLMIlMer shall have, in addition to other' legal aid eaimble remedies, the option of placing this order elsewhere and holdingthe Sederliableforwomble However,yo Sellershmino beliablefor ithoug.asaresultofdehrys due to caves not God. awonablyil or MiNtpe which are beyond its rmasornMr control and without its fault of negligence, such eras of Gad, acts of civil or military authorities, ng such delay is fair,vto th fires, strikes, Rood, epidemics, wars or provided that notice of the conditions causing such delay is given to the Purchases- within five liv days of the rimewhen the Seller oresual recollect the time y eventurnaly delay delay. the time of delivery shall Ix extended for the period equal m the time actually Ion by reason of the delay. 3. WARRANTY The Seller wamnu that all good, mticla, materials and work covered by this order will co fi can with applicable drawings, specification, samples wd/a oher descriptions given, will he fit for the plapant intended, slid performed with the higher degree of care and competence in accordance with accepted standards, for work of a similar naunx. The Seller ogre. to hold the purchase harmless from any loss, damage or expense which the Purchaser nary stiffer at incur on account of the Sellers breach of warranty. The Seller shall replace, repair or nuke goof, without cost to the purchase, any defects or Faults arising within we (1) year' or within such longer period of time as may be prescribed by law or by the toms of any applicable warranty pom ided by the Scher niter like date of acceplail of the goods famished hereunder (acceptance not to be unreasonably del yed), resulting from imperfect or defective work done or uniforms famished by the Seller. Acceptance or use organics by pre Purchaser shall not constitute a giver crony claim under this warranty. Except as otherwise provided in this µrrchase Order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or' guarantees, but such liability shall in no event include loss ofprofils or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make charges to legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may, twice any changes to the tents, other than legol terns, including additions to or, deletions Bent the quantities originally ordered in the specifications or drawings, by verpml or written change order If any such change officers the amount due or the time of performance hereunder, in equitable adjumment shall be trade. 6. TERMINATIONS. The Purchaser may at any time by written change onler, terminate this agreencem is to any mall potions of the goods then not shipped, subject to may equitable adjusuant babown the parties in to any work a' materials then in progress provided that the Purchaser shall not the liable for any claims for nnricipinled profits on the Onconryleled lemon of the goods amber work, for incidental or consequential damages, and that no such edjnsnnent be made in favor of de Seller with respect to any goads which are the Sallers standard stock. No such termination shall relieve the Purchaser Or the Seller orally of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjmtnrom matt be assured within thirty (30) days film the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall line been produced, sold, delivered and famished in Strict compliance with all applicable laws and regulations to which the goods are subject. I lie Sobel shall execute and deliver such documents all tray be required to effect or evidence compliance All Imes and regulations required to he incorporated in sgrecments of this character me hereby incogommd herein by this inference. The Seller agora to indemnify and hold the Purchaser hannlss Bent all was and manages suffered by the ruminant' is a result of the Sellers failure to comply will, such law. 9. ASSIGNMENT. Neither pany shall assign, unnsfer, or cmovey this order, or my monies due or or become due hereunder without the prior written consan of the other Fully, 10. TITLE, The Seller warrants full, clew mid mnrnriaed title to the Pnrchwer for all equipment, maerials, and items firmished n performance of his sumenian, Bee and clear of wry mid all liens, restrictions, merwtons, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of that terms and conditions hereof, failure or delay to exercise may rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for good lhereunder or approval of the design, shall not release the Seller of may of the coo immics m obligations of this Purchase order and shall not the deemed a waiver of any right of the purchaser to insist .,it strict pralmom ce hereof or any of its rights or remedies as to any such goods, regardless of when shi Wed received or moopted, as to my prior or subsolue t default hereunder, nor shall any purported oath modification or rescission of this purchase order by the Purchaser opaale as a waiver of any of the terra hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller slid the Purchaser recognise that in moral aonomic practice, overcharges resulting fran antitrust violations re in fact bane by the Purchaser. Theretofore, for good cause and as consideration for exacting this purchase ceder, dse Seller hereby assigns to the Purchaser any and all claims it may now have or hercaRer' acquired under federal a state antitrust laws for such overcharges relating to the particular goads or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereafter' indicates its inability or unwillingness to comply, the Purchaser may came the work to he performed by the our expeditious means available to it, and the Seiler shall pay all cars ;associated with such work. The Seller shall release the Purchaser and its continental of any tier from all liability and claims of any nature resulting from the pea fomunce of such work. Phis teleran shall apply arm in the event of fault of negligence of the patty released and shall extend to the directors, officers mid employees of such party. The Seller's continental obligation, including wamnty, shall not be deemed to he reduced, in any way, because such work is performed or caused to be performed by the Pluchasm'. 14. PATENTS. Whenever the Seller is required to use may design, device, material or process covered by letter, patent. trademark or copyright, the Seller shall indemnify and save holiness the Purchaser from any and all claims for infringement by reason of the use of such pawned design, device, material or process in connection with the contract, land shall indemnify the Purchaser for any cost, expense at damage which it may be obliged to pay by reason of such infiingement many time dining the prosecution or after the completion of the work. In ewe said equipment, or any Pan thereof or the intended use of tine good, is in such mit held to constitute infiingement and the use of said equipnent a' pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but non -infringing mptipnronr, or nun il'y it ash it beconh. ran -infringing. 15. INSOLVENCY. If the Se11m shall hecane insolvent or bnnkmpr, make an assignment for the benefit of creditors, appoint a receive m arwtce for any of the Sellers property or business, this order may forthwith he claimed by the Pnrchwer without liability. 16. GOVERNING LAW. The definitions of ems trsed or the inmryreaion of the agreement and the r'igln. of all Punts hereunder shall L< constmed under land governed by the Imvs of it,. State of Colorado, USA. The following Additional Conditions apply Only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreunmtive(s), an the premises of others. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work in Seller's own risk until the same is filly completcl and accepted, and shall, in case of any accident, destruction or injury to the work anbor mnter'ials before Sellor's final completion and acceptance, complete the work at Settees awn expense and to the satisfaction of die Purchaser. When materials and equipment are firntillu d by others but installation or erection by the Seller, the Sellershall receive, indoor, store and handle same at [lie site and beconhc rcspa Bible therefor as though such materials ardor equipment were being Finished by tyre Seller ender the oiler. 18. INSURANCE. The Seller shall, at his own expense, Provide for the payment of workers compensation, including Occupational disease benefiu, to its employents employed at a' in connection with lite walk covered by this purchase order, ado to their dependents in accordance with the paws of the state ins which the work is to the done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability imar.ow wills Wily injury and death limits arm least $300,000 for any one person, 5500,000 fOl any me accident and properly damage limit per accident of $400,000. The Sella shall likewise require his contractors, if wry, o Provide for such compensation and insnaice. Before any of the Sellers or his contractors employee shall do any wok upon the prcmisa of others, the Seller shall famish the Pnrchwer' with a cenificete that such compematian and insurance have been provided. Such certificates shall specify the date when such carper sanion land insurance have been provided. Such wi ificata shall specify the date when such compensation and insurance expires. The Seller' agrees that such compensation and insurance shall b, maintained until spot the entire work is canplated and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assmnes the emirs responsibility rand liability fa at, and alp damage, loss or injury of any kind or nature whmmvcr to persons Or property caused by or'resulting final the execution of tire work provided for' in this puncla. Older m in connection herewith. The Seller will indemnify and hold hauls s die Purchase and any ca it of the Purchasers officers, agents and employee from and ageimr any and ,If claims, lasses, damages, charges or expense, whether direct or indirect, laid whether to persons or property to which tiro Purchaser may be put or subject by react of any not, action, neglect, omission or defcult at the pan of the Seller, any of his contractual, or any of the Sellers or convenors officer, agents or employes. In case any sail or Other proceedings shall be brought against the Purchaser, or its office., agents or employes al any time on account or by reason of any act, notion, neglect, omission a default of the Seller of any ofhis eontratas or any of its or their oRcers,'cw, or employees as aforesaid, the Seller hereby agrees to wsma the defense thereof and to defend the same at the Sellers own expense, to piny any and all csn, charges, attorneys fees and otter expenses, any and all judgments that troy be incurred by or obtained against the Purchaser or any of its or their officers, agents w employes in such writs or Other proceedings, and incase judgni nt or other lien be plaad upon or obtained against the properly of the Purchase, Or said Patties in or as a Rauh of steel, most or other proccedings, the Seller will at once came the same to be dissolved and dimhxrged Iry giving bond a' ohenvise. The Seiler and his cartworersshall take all safety precautions, Finnish and install all guards necessary for the prevention of accidents, comply with all paws and regulations with regard to safety including, but wi0co, Ioannina, the Occnµrtional Safety laid Health Act of 1970 and all rut. and regrdlaions issued pursuant theme. Revised II/9