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HomeMy WebLinkAbout289715 SCHWEITZER ENGINEERING LABS - PURCHASE ORDER - 9112142City of art Collins PURCHASE ORDER Date: 04/18/2011 Vendor: 289715 SCHWEITZER ENGINEERING LABS c/o K D JOHNSON INC PO BOX 1208 j ECN�ARD Texas 75452 �l� r i o �F-ap CL )1011�cS PO Number Page 9112142 1of2 This number must appear on all invoices, packing slips and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 0�► VG Delivery Date: 04/17/2011 Buyer: I OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 6714-2318 3-ph fault indicator - 750 06A3 50 EA 154.0000 7,700.00 FAULT INDICATOR, 800A TRIP, STORED ENERGY, CURRENT RESET (3.0 AMPS CONTINUOUS), FOR 750KCMIL 1.85" CABLE (DIAMETER OVER CONCENTRIC), STANDARD REMOTE DISPLAY WITH N.O. SCADA ACCESSORY CONTACTS. SINGLE INDICATOR FLAG FOR ALL THREE PHASES. 20' CABLE BETWEEN SENSOR AND DISPLAY, AND 20' CABLE FROM ACCESSORY CONTACTS E O SCHWEITZER, 3CRV 0800 A; Delivery: 4-6 Weeks ARO 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 Total Invoice Address: $7,700.00 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 Fen Collins is exempt Farm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collcotor of Failure of the Purchaser to insist upon strict perfomance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or mmedies provided herein or by law, failure to promptly notify the Scllcr in the event of a breach, the acceptance ofor payment for goods hereunder Or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warrentics 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 arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as usury such gmds, regardless instructions form the City of Fort Collins. of when shipped, received or accepted, as to any prior err subsequent default hereunder. nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the Terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS, authorized payment on the pan 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 fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proccdores. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for csecuning this purchase order. the Seiler hereby assigns to the Purchaser any and all claims it may now have or herenficr 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 particular goods 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 parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted form Invoice when Purchaser and the Seller, and the Seller thcm.fter indicates its inability or unwillingness to comply. the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious means available to it. and the Seller shall ryry all costs associated with such work. Permits. Seller shall procure at sellers sole cast 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 over the work of vendor. Seller further agrees to hold the City of Foe Collins hamulcm from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this contract agree that the representatives are. in fact, bona fide and possess hell and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional tears and conditions annexed hereto or incorporated herein by reference. Any additional or different Icons and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthc essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event of any 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 Seiler 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 acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes. food, 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 he extended for the period equal to the time actually lost by reason ofthe 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 fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wnrramy. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the moons of any applicable warranty provided by the Seller ahe, the date of acceptance of the goods famished hameada (acceptance not to be unreasonably delayed). resulting form imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall net constitute a waiver of any claim under this wamanry. Except as othcra ise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wartnaries or guarantees, but such liability shall in no event include less of profits 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletions from the qunmities originally Ordemd in the spc6ficmlms or dnwings, by vcrh.l or written change order. If any sort, change affects the amount due or the time of performance hereunder, 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 materials then in lameness 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 Seiler with ¢sped to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fmm the date the change or termination is ordcmcd. 8. COMPLIANCE WITH LAW. The Seller warmnts that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc 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 are hereby incorporated herein by this reference, The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as 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 prior written consent of the other party. 10. TITLE. The Scllcr 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 liens, restrictions, reservations. Wcunty interest encumbrances and claims of others. The Seiler shall release the Purchaser and its eontmcmrs 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 parry relvioed and shall extend to the directors, off cco, and employees of rich party. The Sd(CT.9 contractual obligations, including warranty, shall not be deemed to be reduced, in any way. because such work is performed or caused to be perfemwd by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser form any and all claims for infringement by reason 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 err damage which it may be obliged to pay by reason of inch infringement at any time during the prosecution or after 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 infringement and the use of said equipment or pan is enjoined. the Seller shall, at its own expense and at its option, either noncom for the Parchascr the right to continue using said equipment or parts, replace the same with substantially equal but ooninfrfnging equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seiler shall became insolvent or bankrupt, make an assignment for the bcaefit of cox itots, appoint a receiver or trastce for any of the Sellers pmperty or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions oficmms used or the macrecalion of the agreement and the rights of all panics lice under shall be construed ander and governed by the laws of the State of Coloado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Rame,cntative(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seler's own risk until the same is fully completed and accepted. and shall, in ease Of anv accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Scllcrk own asperse and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or creelion by the Seiler, the Seller shall receive. unload. store and handle same at the site and become responsible thcmfor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his men expense, provide for the payment of workers compensation. including Occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/err to their dependents in accordance with the Imes of the state in which the work is to be done. The Seiler shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with brx ily injuryand death limits of at least S300.000 for any one person. S500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likmrisc regaim his enraciors, if any, to provide for such conmpansntimr and insurance. Before any of the Sellers or his contractors employees shall do any work ninon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Stich certificates shall specify the date when such eonmpensation nod 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 herby assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase nrderor in connection herewith. The Seller will indemnify, and hold homeless the Purchaser and any or all of the Purchasers ofLccrs..,am, and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmperty, 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 Officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser. 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 iforesuid. the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or Obtained against the Purchaser 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 obtnincd against the property of the Purchaser, or said panics in or as a result ofsuch snits or other pmcccdings, the Seller will al once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all lases and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant thereto. Revised 03/2010