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HomeMy WebLinkAbout462200 NEI ELECTRIC POWER ENGINEERING INC - PURCHASE ORDER - 9104009City of Fort Collins PURCHASE ORDER PO Number Page 9104009 1 of 2 This number must appear on all invoices, packing slips and labels. Date: 03/03/2011 Vendor: 462200 Ship To: ELECTRIC UTILITIES NEI ELECTRIC POWER ENGINEERING INC CITY OF FORT COLLINS PO BOX 1265 700 WOOD ST ARVADA Colorado 80001 FORT COLLINS Colorado 80521 Delivery Date: 08/04/2010 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 Addendum C.O. #2 - / 1 LOT EA 4,000.00 New Belgium WTP City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 0 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 state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failurc or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies Provided herein or by Inv, failureto promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seiler of Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of it rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purported mad mndifiemion or rescission of this purchase order by the Purehaser operate as a wmiecr of any of the terms Inspection. GOODS arc subject to the City of Too Collins inspection on arrival. hereof. Final Acceptance Receipt of the merchandise, .services or equipment in response to this enter can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable requited inspection procedures. violations arc in fact borne by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may new, have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins. CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the pmticular good or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If The Purchaser directs the Seiler to correct noncon(nmaing or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed. or required by any other duly constituted public authority having jurisdiction ever the work of vendor. Seiler Further agrees to hold the City of Pon Collins hamlta from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles and requirements. Authorisation. All panics to this contract ngme that the representatives arc, in fact, bona fide and possess full and complete authority to bind aid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tents and conditions stated herein .set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tams and conditions propnscel by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your Promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No act of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis prevision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this 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 foreseeable which are beyond its reasonable control and without its fault of negligence, such act, of God, acts of civil or military authorities, governmental loud ties, fires, strikes, flood, epidemics wars or riots provided that 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 event of any such delay, the date of delivery shall be extended for the period equal to the time actually Inst by reason of the delay. 3.WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications. samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or into on account of the Sellers breach of wmmnty. The Seller shall replace, repair or make god, without cost to the purchaser, any defects err faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tcmt of any applicable wmmnty, provided by the Seller tiller the date of acceptance of the goods famished hereunder (acceptance not to be nnreasunably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing wamntics or guarantees, but such liability shall in no event include loss of profit 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 changes to legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the news. other than legal term, including additions to or deletions form the quantities originally ordered in the specifications or dwings, by verbal or written change order. If any such change affect the amount due or the time ofperfomance hetxnndcr, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any .work or maerials then in Progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work. for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Scllcrsstandard stock. No such continuum shall relieve the Purchaser or the Seller ofany of their obligations as to any galls delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within chime (30) days from the date the change or ternum ion is ordered. S. COMPLIANCE WITH LAW. The Seiler wamnts that all goods sold hcrcunda shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and held the Purchaser harmless from all costs and damages suffered by the Purchaser is a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the poor written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement free and clear of any and all licus, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, effects and employees of such party. The Seller's contractual obligations, including wmmnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perfommd by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or pmcess covered by letter, patent. trademark or copyright, the Seller shall indemnify and save hamtless the Purchaser from any and all claims for in fringcmcnt by rcnson of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecsn i on or aper the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute in fringcmcnt 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 Putehascr the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seiler shall become insolvent or bankrupt, make an assignment 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 Pnrchascr without liabiliry. 16. GOVERNING LAW. The definitions oftcrms used or the interpretation ofthc agreement and the right of all parties hereunder shall be constmed tender and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply an],v in cases where the Seller is to Perfnmt work hereunder, including the services of Scllcrs Representalivc(s). on the premises of others. 17. SELLERS RESPONSIBILITY, The Seiler shall carry on said work at Seller's own risk until the same is filly completed and accepted, and shell. in case of any accident 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 the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seiler. the Seller shall receive, unload, store and handle time at the site and become oxpmuible therefor as though such materials and/or equipment were being furnished by the Seller undo the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation. including occapatinnnl disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in rccordance with the Imes of the state in which the work is to be done The Seller shall also carry comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury and death limit of at ]cast S300.000 for any one person. S500.000 for any one accident and puarwny damage limit per accident of $400,000. The Seiler shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the premisex of nthers, the Seller shall Furnish the Purchasenvith a certificate that such compensation and insurance have been provided. Such ecnifieates shall specify the date when such compensation and insurance have been provided. Such eenifieaes shall specify the date when such compensation and insurance expires 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 DAMAGFS. The Scllcr hereby assumes the entire responsibility and liability for any and all damage, lossor injury of any kind or nature whatsoever to person or preperty aused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchnser and any or all of the Purchasers once., agents and employees farm and against any and all claims, losses. damages. charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors offiecra, agents or cntployces. In case any suit or other proceedings shall be brought against the Pmchnser. or its officers, agents or employees it any time on account or by reason ofany act, action, neglccl, omission or default ofthe Seller ofany of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers on expense, to pay any and all costs, charges, attorney, fees and other expenses, any and all judgments that may be incurred by or obtained against the Pumhascr or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmpcny of the Purchaser, or said panics in or as a result of such suits or other proc"dings, the Seiler will at once cause, the mac to be dissolved and discharged by giving bond or afl cncisc. The Seller and his contractors shall Inks all afcty precautions, furnish and install all guards necessary for the prevention of accident, comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safetyand Health Act of 1970 and all mlcs and regulations issued pursuant beacon. Revised 03/2010