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HomeMy WebLinkAbout496635 SPX - PURCHASE ORDER - 9117667PURCHASE ORDER 91 Number Page City of PURCHASE 9117667 t °r z ' `t CollinsChis number must appear ` " �7 on all invoices, packing slips and labels. Date: 12/2912011 Vendor: 496635 Ship To: WATER UTILITIES SPX CITY OF FORT COLLINS 154 PORTLAND RD 700 WOOD ST BRIDGTON Maine 04009 FORT COLLINS Colorado 80521 Delivery Date: 12/29/2011 Buyer: OPAL DICK N ote: Line Description Quantity Ordered UOM Unit Price Extended Price TOOLS & RELATED SUPPLIES 1 LOT LS 5,756.40 RD7000 TRANSMITTER 2 TOOLS & RELATED SUPPLIES 1 LOT LS 2,878.20 RD7000 TRANSMITTER 3 TOOLS & RELATED SUPPLIES 1 LOT LS 2,878.20 RD7000 TRANSMITTER Total $11,512.1 I 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 ll, 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 I Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. Hy smote the City of Fon Collins is exempt from state and loud taxes. Our Exemption Number is 11. NONWAIVER. 98-0,I502. Federal Excise Tax Exemption Certificate of Registry 846000587 is registered with the Collector of Failure Of the Purchaser to insist upon strict performance 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 remedies provided hercin or by law, failure to promptly notify the Seller in the cwcut 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 men specifirtions. either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be dmal a waiver of any right of the damage in transit, may be returned to von for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any ofits rights or remedies as to any such gnats regardless instructions fmm the City of Fort Collins of when shipped, received err accepted, as to any prior or subsequent defult hereunder, nor shall any purported Onl modificatimt or rescission of this purchase order by the Purchaser operate as a waiver of anyof the tams Inspection. GOODS arc subject to the City of Fen Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authodzed payment on the pan of the City of Fort Collins. However, it is to he 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 procedures. violations are 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 cony now have or hereafter Freight Terms . Shipments most be F.O.B., City of Fen Collins, 700 Wood St.. Fort Collins, CO 90522, unless acquired under federal or stale antitust laws for such overcharges relating to the paniculat grads or services otherwise specified on this Order. If pcvnission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manuf cturcm 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 from Invoice when Purchaser and the Seller, and the Seller thereafter 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 mailable to it, and the Seller shall pay all costs associated vvith such work. Permits. Seller shall procure m sellers sole cost all necessary, permits, certificates and licenses required by all applicable Los. 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 agates to hold the City of Fen Collins harmlcu fmm and against all liability and loss incurred by them by reason of an asserted or established einlation cranny such laws, regulations, ordinances mles and requirements. Authorization. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order caprarly limits acceptance to the toms and conditions stated hercin set forth and any supplementary or additional term, and conditions annexed hercin or incorpooded hercin by reference. Any additional ordiRerent terms and conditions proposed by seller arc objected m 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 ofthe arouse. Delivery and performance must be cticctcd within the time stated on the purchase order and the documents winched herem. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operarc as o waiver of this prevision, In the event Many delay. the Purchaser shall have. in addition to other legal and equitable remedies. the option ofpincing 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 canoes not reasonably foreseeable which am beyond its reasonable control and without its fault nfnegligence, such act, ofGM, acts ofcivil or military, authorities, governmental priorities, fires. spikes. Rood epidemics, wars or riots provided that notice of the conditions causing .wch delay is given to the Purchascr within five (5) days of the time when the Seller rest 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 lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, 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 cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm tiny loss, damage or expense which the Purchaser may suffer or incur on account afire Scllcrs breach of wamnty, The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms crony applicable wamnty, provided by the Seller after the date Of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed). resulting from imperfect ar defective week done or materials famished by the Seller. Acceptance or use of goods by the Purchascr shall not constitute a waiver ofany claim under this warranty. Except as otherwise pmvidcd in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach ofanv of the foregoing wamnties or guarantees, but such liability shall in no event include loss of prams 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 front the quantities originally ordered in the speeificxtiorm or drawings, by verbal or written change order, If any such change affects the amount due or the time of Performance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by women change order, minimum this agreement as to any or all portions of the good then not shipped. subject to any equitable adjustment between me panics as to any work or materials then in pmgrc. s pmvidcd 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 In, made in favor ofthe Seller with respect to any goods which arc the Sellers standard stock, No soh termination shall relieve the Purchascr or the Seller orally of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days front the date the change or termination is ordcued. S. COMPLIANCE WITH LAW. The Seller wamnty that all goods sold hereunder shall have been produced, sold, delivered and fumishcd 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 incotp uni ed in agreements of this character are hereby incorpomod herein by this morence. The Seller rgrccs to indemnify and hold the Purchaser hamdesc fmm all casts and damages suffered by the Purchascr as a result Of the Sellers failure In comply with such law. 9. ASSIGNMENT. Neither pany shall assign, transfer, or coney this order, or any monies due or to become due hereunder without the priorwrinen consent ofthe other party. 10. TITLE. The Seller warranty full. clear and unrestricted title to the Purchascr for all equipment, materials, and items furnished in Performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbnoccs and claims of others, The Seller shall release the Purchaser and its contractors of any tier From all liability and cluims of any nature resulting from the perfomrince ofsuch work, This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. officers and employees ofsuch pany. The Seller`s contractual ohligations, including wamnty, shall not be deemed to be reduced. in am, way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is recruited to use any design, device mmenal or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamlcss the Purchaser fmm any and all cluims for infringement by reason of the use of such patented design, device, material Or Pmeess 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 prosecution or after the completion ofthe work. In case mid equipment or any pan thereof or the intended rise of the goods, is in such snit 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 procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninlringing equipment, or modify it so it becomes noninlringing. 15. INSOLVENCY. If the Seller shall become insolvent or banknmt. make an assignment for the bencftt of credimm, appoint a receiver or trustee for any of the Sel leas Property or business this order may forthwith be canceled by the Purchascr without liability, 16. GOVERNING LAW. The definitions ofterms used or the intcrprctalion ofthe agrccmcrtt and the rights ofall panics hernmder shall be construed under and gmemcd by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Rcpmscntative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in cue 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 arc furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible therefor as tough such materials and/err equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall. at his own expense. pmvidc 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/or to their dependents in accordance with the Imes ofthe state in which the work is to he 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 limits of at (cast S300,000 for any one person. S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors. if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the premises of others, the Scllcr 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 pmvidcd. Such ecnlfieates shall specify the doe when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maimaincd until aficr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herchy assumes the entire responsibilityand liability for any and all damage. loss or injury crony kind or nature whatsoever to persons or property caused by or resulting from thisexecution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchascr and any or all of the Purchasers officers. agents and employees fmm and against tiny and all claims, losses damages charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchascr Jury be put or subject by reassert crony act action, neglect. emission or default on the pan of the Seller, any of his contractors, or any of the Scllcrs or enntmetors OMCM, agents or cmPloyccs. 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 crony act action, neglect, omission or default ofthe Seller of any of his contractors or any of its or their officers., agents or employces as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the came at the Sellers own cxpensc, 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 obtained against the property of the Purchascr, or mid panics in or as a result ofsuch suits mother proceedings, the Seller will at once cause the same to be di,snlscd and discharged by giving bond err mlierwiso, The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary, for the Prevention of accidents, comply with all Imes and rcgidations with regard to safety including. bill without limitation, the Occupational Safctyand Health Actor 1970 and all odes and regulations issued pursuant thereto. Revised 03/2010