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HomeMy WebLinkAbout110986 FORT COLLINS WINLECTRIC CO - PURCHASE ORDER - 3212081PURCHASE ORDER PO Number Page City Of 3212081 1 of 2 `t Collins OI li ns This number must appear ` 1 on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 110986 Ship To: TRAFFIC OPERATIONS FORT COLLINS WINLECTRIC CO CITY OF FORT COLLINS 1616 RIVERSIDE DR 626 LINDEN STREET P O BOX 271005 FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80527-1005 Delivery Date: 01/06/2012 Buyer: JOHN STEPHEN Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Ordered Extended Price Electrical Supplies 1 LOT LS 30,000.00 Annual Total $30,000.00 Ra� Q. o'AA:ge�e_ 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 Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tam exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 984n4502. Federal Excise Tax Exemption Certificate of Registry, 84-6000587 is registered with the Collector of ]acmes[ Revenue, Denver, Cnlomdo (Per Colorado Revised Stuart, 1973. Chapter 39.26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either mhen shipped or due to defects of damage in transit, may be rearmed to you for credit and am not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance ofthe tans and conditions hereof, failure or delay to eacmise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach. the ncecptance ofor payment for goods hereunder or approval ofthc design, shall not release the Seller of any writhe warranties or obligations of Ihis purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereeforany urns rights or remedies as to any such fonds, regardless of when shipped, received ar accepted, as to any poor or subsequent default hereunder, nor shall any purported oml modification or rescission of this purchase order by the Purchaser agent as a waiver of any of the terns hearer. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins Howtveq it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitnst ACCEPTANCE is dependent upon completion ofall applicable required 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 anv and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.R., City of Fort Collins. 7W We,.] St.. Fan Collins, CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the p;micular goods or services otherwisespecified 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. hill must accompany invoice. Additional charges for packing will not be acccptcd. 13. PURCIIASF.RS PERFORMANCE: OF SELLERS OBLIGATIONS. Shipment Distance. Where manuf chamrs have distributing points in various pans of the country, shipment is Tribe Purchaser directs the Seller to correct nomamfomting 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 front Invoice when Purchaser and the Seller, and the Seller Iherci er indicates its inability or unwillingness to comply. the Purchaser shipments arc made front 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 proeum at sellers sole cost all accessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles ofthe state. municipality, (century or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of render. Seller further nimecs to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an reserved or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All panics to this contract agree that the representatives arc, in fuel, bona fide and possess full and complete authority to bind slid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated httcin set forth and any supplementary or additional terms and conditions annexed hcrem or incorporated herein by reference. Any additional or different terms 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 ofthe essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance efpartial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay. the Purchaser shall have, in addition mother legal and equitable remedies the aption 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 arc beyond its reasonable control and without its fault of negligence, such acts of Gad. acts ofeivil or military authorities. govcmmental priorities, fires strikes, food, epidemics, wars or riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Scllcr first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal lathe time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wamnty that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions risen, 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 hamless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach ofseamnty. The Seller shall replace, repair or make grad. 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 tans crony applicable wamnty provided by the Seller after the date of acceptance of the grads furnished heacander (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of grads by the Purchaser shall not constitute a waiver crony claim undo this matronly. Except as othcnrise provided in this purchase order, the Sellers liability, hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamntics or guarantees, but such liability shall in no event include loss ofprofits or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES 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 tems, other than legal terns, including additions to or deletions Farm the quantities originally ordered in the specifications or drawings. by verbal or written change order. If any such change affects the amount due or the time of perfomance hereunder, an equitable adjustment shall be node. fi. TERMINATIONS. The Purchaser may at any time by written change order, teminatc this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment wromen the panics as to any work or materials then in pmgrms 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 are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller rof any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 9. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have bun produced, sold, delivered and furnished 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 httcin by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaseres a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or In become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller somnts 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, rescnvtion, security interest encumbrances and claims of others. The Seller shall release the Purchascr and its contractors of any tier fmm 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 released and shall extend to the directors, officers and employees ofsuch party. The Sellers continental obligations, including wamnty, shall not be deemed to be reduced. in any way, because such work is Performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Scllcr 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 from 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 tiny 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 of the work. In case said equipment, or any part 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 rat its option. either procure for the Purchascr the right no continue using said equipment or parts, replace the same with substantially equal but noninlringing equipment, or modify it so it become' noninlringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trostce for any of the Sellers property or business. this order may fnrthwito he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation ofthe agreement and the rights ofall panics lu maral shall he consmed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perfomt wok hermander, including the services ofSeller, Representative(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall. n case of any accident. damnation or injury m 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 Seller. the Seller shall receive, unload, store sad handle same at the site and become responsible therefor as though such mulcrials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Scllcr shall, at his own expense, provide for the payment of workers compensation. including occupational disease bensrits, to its cntplaycex employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws ofthe state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contracbml and nutnmnhile public liability insurance with bodily injury and death limits of at ]cast S300.000 foray one person. 5500,000 for any one accident and pmpcmy 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 toc Sellers or his contractors employees shall do any work upon the premises of mhem. the Seller shall furnish the Purchoser 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. Such certificates shall specify the date when such compensation and insmance expires. The Seller agrees that such compensation and insurance shall be maintained until nficr the entire work is completed end acccptcd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility, and liability for any and all damage. loss or injury Many kind or nature whatsoever to persons or pmperty caused by or resulting from the execution ofthc wark provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamless the Purchaser and any ar all of the Purchasers wiiecn, 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 The Purchaser may be put or subject by reason of any net, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors offcers, agents or employees. In case any suit or other proceedings shall be brought against the PtmhaSer, or its officer, agents or employees at any lime on account or by reason of any act, action, neglect, omission or default ofthe Seller of any of his contractors or tiny 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 Scllcr, 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 nmon or obtained against the property of the Purchascr. or said panics in or as a result of such suits mother proceedings, the Scllcr will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall Take all safety parcautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety, including, but without limitation, the Occupational Safety and Health Actor 1970 and all talcs and regulations issued pursuant nhemm. Revised 03/2010