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HomeMy WebLinkAbout127993 HOTLINE ELECTRICAL SALES & SERVICE - PURCHASE ORDER - 9112139City of Fort Collins Date: 04/15/2011 PURCHASE ORDER PO Number Page 9112139 1of3 This number must appear on all invoices, packing slips and labels. Vendor: 127993 Ship To: UTILITY SERVICE CENTER - WA HOTLINE ELECTRICAL SALES & SERVICE CITY OF FORT COLLINS 6120 W 73RD AVE 700 WOOD ST ARVADA{C�o�lo_rado 80003-3218 FORT COLLINS Colorado 80521 Delivery Date: 04/15/2011 Buyer: OPAL DICK Note: VENDORS: CRESCENT ELECTRIC WESCO HAMILTON ASSOCIATES HOTLINE ELECTRICAL LAST ORDER 10/8/2010: P09106310 - HOTLINE ELECTRICAL Line Description Quantity UOM Unit Price Extended Ordered Price 1 9016-5470 120 EA 25.0000 3,000.00 electric meter. form 2S 90165470 16D2 METER, ELECTRIC REVENUE, ELECTROMECHANICAL OR SOLID STATE, FORM 2S, SINGLE PHASE, TA30, 240V, 5 DIAL POINTER REGISTER FOR ELECTROMECHANICAL METERS, LCD DISPLAY FOR SOLID STATE, LEXAN COVER. FOR USE IN RESIDENTIAL AND SMALL COMMERCIAL APPLICATIONS ITRON (SCHLUMBERGER), PER DESCRIPTION: Delivery: 4 weeks Total $3,000.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 - Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 PO City of PURCHASE ORDER 9112139r Page Collinsf3 Flirt ( This number must appear !-\V`I V J on all invoices, packing slips and labels. U 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Ternls and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. T'ax exemptions. it, stamen the City of Fon Collins is exempt from ear, and local fax,,. Our Exauption Number is I1. NON WAIVER. 98-045U2. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict p rmrmmW, of the tenses and conditions herwL failure or delay to Internal Rcvcuuc, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the werer of a beach, the acceptance ofor pay mcar Par goods hereunder or approval ofncc design, shall not eleme the Seller of Goods Rejected. GOODS REJECTED due to failure to meet spceilicatiom, either when shipped or due to defects of any of the warmaties or obligation, of this purchase order and shall not be deemed a waiver ofany right of the damage in crash. may be occurred to you for credit and are not to be replaced except upon receipt of wrinen Purchaser 10 insist upon strict performance Iwreof or any of its rights or remedies as to any such goods, regardless instructions imar the City of Pon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported amp modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tent. Inspection. GOODS are subjecr tO the City ofFort Collins inspection on arrival. humel. Final Acceptance. Receipt of the merchandise, services cur equipment in expires' to this under can result in 12. ASSIGNMEN'TOF ANTI MUST CLAIMS. authorized payment on the pun of the City of Pon Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from mnitrust ACCEP"DANCE is depeadenl upon completion of all applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seiler hereby cosigns to the Purchaser any and all claim, it may now have or hereafter Freight 'Peen,. Shipments must be F.O.H., City of Fort Collins, 70U Wood St., pun Collins, CO 90522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified rat 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 invurce. Additional charges for packing o'ill nut be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OHLIGAT'IONS. Shipment Distance. Where manufacturers hive distributing points in various Pnr, of the country, shipment is If the Purchaser dire', the Seller to correct noneonfoming or defective goods by a dale to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted Joan Invoice when Purchaser and the Seller, and the Seller thercuRer indicates its inability m unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the orals expeditious oceans available to it, and Thu Seller shall pay .I1 costs associated wills such work. Permits. Seller shall procure at sellers wile cost all necessary permits, certificates and licenses required by all applicable Taos, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is perforated, as required by any other duly constituted public authority having jurisdiction over the work us vendor. Scllcr carrier agrees to hold the City of Too Collins harmless lrant and against all liability and loss incurretl by them by reason of an msened or established violation of any such laws, regulations, ordinances, rules and rcquiremenu. Authorizmims. All panics to this contract agree that the representatives are, in fan, holm lido and possess full and complete authority to bind said parties. LIMITATION OF 'PERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any sapple mcmany ar additional teens and conditions annexed herein or incogomed herein by reference. Any additional or different scroll and conditions proposed 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 daft as noted. Time is Office essence. Delivery and performance must be effected within the time stated on she purchase order and the documents launched hcrcm. No her, of den Purchasers including, without limimtion, acceptance of Partial lute deliveries, shall operate as a waiver of this provision. In situ event ofmry delay, the Purchaser shall have, in addition to other legal uad equitable readies, the option Of placing this enter elsewhere and holding to Seiler liable for damage. However, the Seller shall not be liable for damages as u result of delays due ra causes ems reasonably furesccublc which are beyond its reasonable control and without its fruit Ofacgligence, such acts ul'Gud, acts of civil m military uulmriticx, __uvenmsnml priorities, tires, strikes, flood, cpidcmius, wars or riots provided this notice of the conditions causing such delay is given to the I•uehuser within five IS) days of the time when the Seller first wcci,cd knowledge thereof. In the event ofmry such delay, the date of delivery shall be extended for the period equal to the time actually last by reason of she delay. 3. WARRAN"FY. The Seller wan arms that all good's, articles, materials and work covered by this order will conform with applicable drawing,, spocifiewhim, samples and/or other descriptions given, will be lit for the purposes intended, and performed with the highest degree of caw and competeaec in accordance with accepted standards for work of a similar name. The Seller agues to hold the purchscr hmniless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamanry. The Seller shall replace, repair Or make good, without cast m the purchaser, any dckcti err faults arising within one (1) year or within such longer period of time as nay be prescribed by law car by the terms ofany applicable womanly provided by the Seiler after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from in,perfecc or defective work dune or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall nest constitute a waiver ufany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately ceased by the breach of any office foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY Oft MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. Thu Purchaser may make changes to legal terns by writers change order. 5. CHANGES IN COMMERCIAL TERMS. T'he Purchaser ley nakc any changes to the tern,, other than legal terms, including additions to Or deletions Gum the quantities Originally Ordered in the specifications or drawings, by verbal or written change order. If any such change affects the an oant due or the time of Federman'' hereunder, an equitable adjustment shall be made. 0. TERMINATIONS. T'he I'uehcoer ncay at any firm by wrinen change under, nmfiame this agreement a, to any or x11 Purim, of the goods then not shipped, subject to rap equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims fur anticipated profits as the uncompleted portion ol'the gouds and/or work, for incidental or consequential damages, and that lie such adjustment be made in favor office Seller wish resiocr to any goods which are the Sellers standard stock. No such termination shall relieve the Pumhseror the Seller ofany oftheir obligations as to any goods deivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim fur adjustment must be asserted within thirty (30) days Imam the date the change or termination is coerce. 8. COMPLIANCE WITH LAW. The Seller warrant, [[sit all goods suld hercundcr shall have been produced, sold, delivered and furnished in strict connphaucc with all applicable laws and regulations to which the goods ure subject. The Seller shall execmc and deliver such document, as may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this refcnmce. *1 he Seiler agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as o result of the Sellers lailurc to comply with such law. 9. ASSIGNMENT. Neither pony shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrinen consent of the other puny. 10. Ti PLC. 'I he Seller w armul, full, clear and unrestricted tide to the Purchaser for all equipment, material Is, and items furnished in performance of this agreement, fee and clear of any and all liens, restrictions, reservations, security interest cncun,brane,, and claims f.de.. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any stature resulting from the pen'ornance .1 such ..,Is This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees at such puny. The Scllcfs commercial 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. PAT'ENTs. Whenever the Seller is required to use any design, device, material or process covenvl by letter, patent, trademark or copyright, the Scllcr shall tilde nucity and save baroness the Purchaser from any and all claims fur infringement by reason of the use ul'such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost. expect,, or damage which it nhay be obliged to pay by «coon ufsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the fluids, is in such suit held to constitute infringement and the use of said equipment or purl is enjoined, the Seller shall, at its own expense slid at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the sane with substantially equal but noninfringing cquipnens, or modify if so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall because in,olsoa or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any at the Sellers property or business, this order may forthwith be canceled by she Purchaser without liability. 16. GOVERNING LAW. The definitions officals used or the interpretation office agreement and the rights ofall panics hereunder shall be construed under acid governed by the laws of the State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including she services of Sellers Repmentativels). on the premises of mhos. 17. SELLERS RESPONSIBILITY, The Seller shall tarty on said work of Scllcfs own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Scllcfs final completion and acceptance' complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive, unload, it.. and handle same at ten site and become responsible therefor as though such materials and/or equipment were being furnished by the Seiler under the order. 18. INSURANCE. The Seller shall, at his ..is expense, provide Pert the payment of workers eo npunsufien, including occupational discuss bcncnts, to its employees mnploycd on or in connection with The work cwcrcd by this purchase order, and/or 1. their dependents in accordance will, The laws ol'tire state in which The work is to be done. The Selmer shall also curry comprehensive general liability including, be not limited to, contractual acid uuh nactole public liability insurance wish bodily injury and death limits of at least $300,000 for any one person, $500,000 f'ar any one accident acid Pmporty damage hour per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any office Sellers or his emtraeturs employees shall do any work upon the premises ofothers, the Scllcr shall furnish the Purchaser with a ver ilicate that such compensation and insurance have hen provided. Such cer ilicl s Shull specify the date when such compensation and insurance Imvc been provided Such certificates 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 DAMAGES. The Seller hereby assmne, the anie responsibility and liability for any and all damage, less or injury crony kind or nature whatsoever to persons or property 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 harniless the Purchaser and any or all of the Purchasers ol7icen, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which she Purchaser may be put or subject by reason of any net, action, neglect, emission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors Officers, agents or employees. In ease any suit or ocher proceedings shall be brought against the Purchaser, or its officers, agents or employees at any fine on account or by hens.., of any act, action, neglect, mnissiun 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 defense thereof and to defend the all,, at Is, Sellers mvn expanse, to pay any and all costs, charges, attorneys lies and ocher expenses, any uad all judgments then may be inemeed by or obtained against the Purchaser or any of its or their atlicen, agents or employees in such suits or ether proceedings, and in case judgment or ocher lien be placed upon or obtained agai list the property of the Purchaser, or said parties in or as a result of such suits Or other proceed i rigs, the Seiler will at once cause the smile to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety 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 Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010