Loading...
HomeMy WebLinkAbout110986 FORT COLLINS WINLECTRIC - PURCHASE ORDER - 9103081Date: 6/10/2010 City of Fort Collins Page Number: 1 Purchase Order Number: 9103081 Delivery Date: 6/10/2010 Buyer: DICK,OPAL Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: Line Oty/Units Description Extended Price 1 UTILITY SUPPLIES PVC CONDUIT BENDS & ACCESSORIE Quotation 0003830 City Contact Bob Hover 221-6725 Ship to: Portner Substation 6561 Portner Dr. Ft. Collins, CO Contact Kevin Knott 222-0212 or Dale Daggers 217-9526 1 day prior to delivery 17,763.16 Total $17,763.16 Invoice Address: City of Fort CqMny Director of Purchasing and Risk Management City of Fort Collins This order is alid over $5000 unless signed by James B. O'Neill II, CPPO Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580 Phone: 970.221.6775 Fax: 970.221.6707 Email: purchasing@fcgov.com Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions 1. COMMERCIAL DETAIIS. Tax exarrptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exergnat Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statute 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REACTED due to failure to newel specifications, either when shipped or due to defects of damage in transit, may be mused to you for credit and are not to be replaced except upon receipt of written instructions from the City of Port Collins. Inspection. GOODS ae subject to the City of Fort Collins inspection on arrival. Final Acceptance. Rec6%ofther chadise,servicesorequipmentinrespometothieorderconresultinauthorized payaea on the pert of else City of Fart Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Tens. Shipments most be F.O.B., City of Fort Collins, 700 Wood Sr, Fort Collins, CO 80522, unless otherwise specified m this order. If permission is given to prepay freight and charge separately, the original Gaged bill court accompany invoice. Additional charges for packing will not Is, accepted. Shipment Durance. Where manufacturers lave distributing points in various pans of the country, shipment is expected boon the roast domination point to destination, and excess freight will be deduced from Invoice when shipments art made from panda distance. Peanuts. Selleor.m8 procure at sellers sole cost all naosay peanuts, certificates and Reason required by all applicable law., regulation, ordumrcn and rules oftb. state, naaicipality, territory or political subdivision where the work is performed, or requited by my other duty cowtitured public authority having jurisdiction over the work of vendor. S eller further agrene to bold the City of Fort Collins band. from and against all liability and bus imuaed by them by reason of an armed or established violation of my such laws, regulations, ordinance, mks and requirements Authoritarian, All patties to this contract agree that the reproo atives are, in fact, bona fide and possess full and complete authority to bind said parties, LEVITATION OF TERMS. This Purchase Order expressly limits acceptance to the temp and conakios statedharem sus toed and my supple entayerr addi ioml terms and conditions annexed hereto orvrcmrporatd hasin by reference. Airy additional or different terns and conditions proposed by seller are objected to and hereby rejected. 2. DEL IERY. PLEASE ADVISE PURCHASING AGENT imndmtely Wye. cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance most he effected within the time stated on the purchase order and the docurrcnts attached hereto. No sets of the Purchase including, without limitation, acceptance ofpmial late deliveries, shall opaoe ns a waiver ofthm pmvisim. In the event ofany delay, the Purchaser, shall have, in addition to other legit and mountain remedies, the option of placing this order ekewhere and holding the Sena liable for damage, However, the Sella shall not be liable for damages as; a result of delays due to causes not reasonably foreseeable which are beyond its consumable comarl and without in fuck ofnegligence, such acts of Cord ads of civil or mlitery authorities, governmental priorities, fires, strikes, food, epidemics, wan or rots Provided that notice ofthe conditions cawing such delay, is given to the Purchaser within five (5) days of the time when the Seger first received kre akelp thereof In the event of my each delay, the time ofdelivay shall be extended for the period equal to the time actually 1. by reason ofthe delay. 3. WARRANTY. The Sena warrants that all goods, males, materiels and work covered by this coda will conform with applicable drawings, specificataw, sarrgks and/or other descriptions givrn, will be fit for the purposes intended and perfomd with the highest degree of cue and co paten. in accordance with accepted standards for work of a similar nature. The Seller agree to hold than purehaser hemdes from my loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach ofwammty. The Seller shall replace, repair or mare good, without cost to the purchaser, my defects or fndts arising without one (1) yea or witmoralb longer period oftane as may, be presmbW by law or by the terms of my applicable warranty Provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfmt or defmtive work done or materiah famished by the Sella Acceptance or we of goads byte Purchaser shall not constitute a waiver of my claim =do this waranty Except a otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany ofthe foregoing warranties or guarantee, but such liability shall in no event include has of Profits or loss of use. NO IMPLIED WARRANTY OR NIERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase, may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase, easymake my changes to the tors, other than legit tertra, including additions to or deletions; from the quaaitin originally ordered in the specifications or drawings, by verbal or written change order. If my such change all ts the warrant due or the thne ofperfonwnce hereunder, an equitable adjustment shch be made. 6. TERMINATIONS, The Purchaser may at any time by writem change order, tardnste this agreement as to my or all porous ofthe goods than not shipped, subject to my equitable adjustment between the patios a to my work or materials then in progress provided that the Purchaser shall rot be liable foray claims for anticipated profits on the uncompleted portion ofthe Funds and/or work, for incidental or consequential damages, and rim no such adjustment be made in favor ofthe Seller with respect to my goods which are the Seller standard stack. No ash mmunmion shall relieve the Purchaser or the Sella ofany either obligations as to my goods delivered hoardtt. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment rant be essential within thin,(30) days font the date the change or Roumanian. ordered 8_ COMPLIANCE WITH LAW. The Sella warrants that of goods sold hereunda sh di have been produced, sold, delivered and furnished in strict compliance withal] applicable laws and regulations towbichthe goods mesubject. The Sellershollemandeanddefiver such documents as may, bet required to effect or evidence compliance. All laws and regulations respond to In, incorporated in agrrements of this thrown. aw hereby incorporated herein by this reference. The Sella agree to indemnity and hold the Purchaser harmless font all coats and damages mitered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall ndgn, transfer, or wave, thin order, or my modes due or to became due hereunder without the prior written cosmot oftbe other parry. 10. TITLE, The Sella warrantor fall, aka mdrvvesviu[ed title to the Purchaser for all equipment, materials, and it. firaid din performance of this agreement, fiee and clear of my and all Bess, restrictions, reservation, security interest anmrbrencw and claims ofollose 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or reamers provided herein or by law, failure to promptly notify the Sella in the event ofa branch, the acceptance ofor payment for goods heteusda or approval ofthe design, shall not release the Seller ofany ofthe warranties or obligations of this purcbase order and shall not be deemed a waives ofany right of the punctuator to hsim upon strict performance hereof or my of its rights or comedies as to any such goods, regatdless of when shipped, received or accepted, an to any prior or subsequent default hereunder, not shall my purported oral modification or rescission ofthis purchase order by the Purchaser operate w a waiver of my ofthe terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sena and the Pumbena recognize that in uctud common mom practice, overcharges resulting font antitrust vitiations arc in fact home by the Purchaser. Theretofore, far ad caw. and as consideration for exmuting the purchase modest, the Sella hereby assigns to the Purchaser my and all claims it any now have or hereafter acquired=do federal or "a antinu tt laws for such cvachags relating to the particular goods or services purchased or acquired by the Poo l wer pursuant to the purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser domes do, Sella to correct nmcmfomung or domive goods by a date to be sgrecd upon by the Purchaser and the Seller, and the Seller thereafter indicates its mobility or unwfi8ngness to comply, the Purchaer racy, awe the work to be performed by the most expo trous ma•s available W it, and the Seller shall pay all costs associated with such work. The Sellomall release the Purchaer and its commit. ofanytior fiomall liability outdoes; ofmynomm resulting Sour the performance afeuch work. This release shall apply even m the event of fault ofnegligmce ofthe party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in my way, becawesudi work is performed or caused to w performed by the Purchwa. 14. PATENTS. Whenever the Sella is requtral to use my design, device, material or Process covered by Inver, patent, trademark or copyright, the Sella shall indenmify and save harmless the Purcheser from my and ell ckhs far vrfivrgerhvm by reason ofthe use ofsuch patented design, device, material or ponwas in commoion with the contract, and shall indmanify the Purchaer for my cost, expense or damage which it maybe obliged to pay by reason of such infringement a any time during the poeaaion or aRtt the completion of the work. In care said equipment, or my part thermfor the amended we ofthe goods, is in such suit held to constitute infdngarmt and the we ofedd equipment or part is enjoined, the Sella 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 equd but non-infinging equipment, or madify it set it becomes non -infringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, Crake an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchases without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the apeenent and the rights of all penis hereunder shall be construed under and govemed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella 6 to perform work hereunder, including the seances of Sders Reprsmtativas), on the internists ofothers - V. SELLERS RESPONSIBILITY. The Sella shall carry, on said work at Seller's now risk untilthe same is fully completed wall accepted, and mall, incase of my accident, dcumetion or injury to the work and/or materials Wore Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Purchase, When=costs and equipment ere famished by others for installation or erection by the Seller, the Sella shall receive, unload, stare and handle none at the site and become responsible therefor w though such materials and/or equipment were bang furnished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expel s, provide for the payment of workers compensation, incising occupational dsease benefits, to its employers employed on or in comcetim with the work moored by this purchase order, maker to then dependents in accordance with the lows of the state in which the work is to be done. The Sella shall also tarty comprehensive general liability including, has not mdtd to, contractual and automobile public liabilhy hsusme with bodily injury and death units of o lead $300,000 for my one person, $500,000 for my arse accident and property damage limit per accident of $400,000. The Sella shall Raven requre his contracors, ifany, to provide for such compensation and inumnwe Before my of the Sellers or his contractors aramyeea shall do my work upon the promises ofothers, the Sena shall frmish the Purchaser with a certificate that such compassion and insurance have hem provided. Such certificates shall specify the now when such conalmormon and ins., have been provided. Such certificates shall specify the date when such compensation and insurance exports. The Sella agrtes that such compensation and insurance shall be maintained until after the mine work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby warren the mtrs remosibility and liability for my and all damage, loss or injury of my kind or nature whatsoever to Persons or property caused by or resming Gom the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnity and hold him ears the Purchaser and my or ell of the Purchasers oficm, agents and employes font and against my and all claims, losses, damages, changes or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put orsubjm by reason of my rot, action, neglect, omission or default on the part ofthe Sella, my oflus contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or otba procedings sbdlh brought against the Purchaser, or its oficers, agents or employees a my time oa account or by coasou of my act, anim, neglect, ondasim or default ofthe Sella of my of his contractors or my of its or that offeen, agents or amplown as aforsdd, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own wimme, to pay any, and all costs, charges, attorneys fees and other expenses, my and afjudgments that Trey be inmrred by or obtained agaist the Pro -dower or my of its or their officers, agents or employees in such suits or other procedvhgs, and in case judgment or other lim be, placed upon or obtained against the property ofthe Purchana, or said parties inoras amouh ofsuch suits or other poceedags, the Seller wfll a once cause the sore to be dissolved end discharged bygivmg bond mohetwise The Sellaandhis contractors shalltdce allsafety Precautions, fumkhandvsmll allgueedsnasaayfor the prevention of accidents, comply with ell laws and regulations with regard to safety including, but without ]mutation, the Occupational Safety and Health Act of 1970 and of mles and regulations issued pursuant thereto. Revised 03/2010