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HomeMy WebLinkAbout110986 FORT COLLINS WINLECTRIC CO - PURCHASE ORDER - 9120144Fort Collins Date: 01/06/2012 Vendor: 110986 PURCHASE ORDER FORT COLLINS WINLECTRIC CO 1616 RIVERSIDE DR P O BOX 271005 FORT COLLINS Colorado 80527-1005 PO Number Page 9120144 1of3 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 Delivery Date: 01/06/2012 Buyer: OPAL DICK Note Quote Per Ron Bauer @ Winlectric. Delivery - 7-10 Days ARO Line Description Quantity UOM Unit Price Extended Ordered Price 1 6354-7905 3M Direct Bury Splices LOCATION: 7000 EA 1.0300 7,210.00 SPLICERS, DIRECT BURY; WITHOUT SCOTCHLOK SPRING CONNECTOR (P/N 054007-20058). OUTER CASING MADE FROM POLYPROPYLENE. INNER INSULATING GEL TO BE SILICONE. OPERATING TEMPERATURE 221OF TO -40°F. RATED FOR 600 VOLTS. MEASUREMENTS: LENGTH 4 1/8" X WIDTH 1 3/8" X TUBE DIAMETER 11/16" . 3M #DBRY-6 Pricing and Delivery Information / Per Ron Bauer @ Ft.Collins Winlectric 7000 @ $1.03ea = $7210.00 Delivery - 7-10 Days ARO 9zlt-� C3. 011e:o-Q.� 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 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 Fort Collins PURCHASE ORDER 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 PO Number Page 9120144 2of3 This number must appear on all invoices, packing slips and labels. Total Invoice Address: $7,210.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenifieate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to dcfecrs of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written instructions floor the City of Fan Collins. Inspection. GOODS are subject to the City ofFort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict perfmtance ofthe terns and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly ratify, the Scllcr in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not rcleasc the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver ofany right ofthe purchaser to insist upon strict performance lunoforany of Its rights or remedies as to any such goads, regardless of when shipped, received or accepted, as to uny prior or subsequent default hereunder, nor shall any purported ore] modification or rescission of this pumh:sc order by the Purchaser operate us a waiver of any of the toms hereof. Final Acceptance. Receipt of the merehadisc, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fan 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 ofull applicable re,quirod inspect io , procdures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Scllcr hereby assigns to the Purchaser uny and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Woad St., Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharge elating to the particular goods or services otherwise specititJ on this order. If permision is given to pepuy 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 manufacturers have distributing pains in various parts of the country, shipment is Ifthc Purchaser directs the Seller to correct nonconforming or defective goods by a date to be al and upon by the expcctd from the ncarest distribution point to dcstinmion, and excess freight will be deducted from Invoice when Purch:ucr and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be Perm rnmd by the also expeditious means available to it, and the Seller shall pay all costs associated with such work. Perils. Seller shall proeua ut sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and tales ofthe state, municipality, territory or political subdivision whom the work is performed, or required by any other duly constituted public uuthoriy having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins hamiless from and against all liability and loss incurred by then, by moon of an uscned or established violation of any such laws, regulations, ordinances, rates and requircmcnts. Authoruation. 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 Pmohosc Order cxpressly limits acceptance to the terms and conditions stated herein x1 forth and any supph,nentary or additional loons and conditions annexed hereto or incorporated herein by reference. Any additional or differen, terns and conditions pmpowd 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 promised delivery date as noted. Tin,c is of the essence. Delivery and performance must be effreted within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, x ithout limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing ,his order elsewhere and holding the Seller liable far damages. However, the Seller shall not be liable for danr gee as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such sets of God, acts of civil or military uuthodties, governmental priorities, Gm, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purehaser 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 lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, anieles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other desedp,ions given, will be fit for the purposes intended, and performed with the highest dogree of cam and competence in accordance with accepted standards for work of o similar nature. The Seller agrees to hold the purchaser hamlo,s fmm any loss, damage or expense which the Purchaser may sulfur or incur on account of the Sellers breach of warranty. The Seller shall replace, repair m make good, without owl to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be proscribed by law or by'the toms ofany applicable warranty provided by the Seller after the date of acceptance ofthe goods furnished hereunder (acceptance not to be m,rcasonabty 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 warranty. Except as otherwise provit d in this purchase order, the Sellers liability hereunder shall extend to all damages prosiaaely caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include lens ofprotits 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 enter. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the Icons, other than legal toms, including additions to or deletions fmm 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 ofperfunnance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchuser may at any time by uraten 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 progress provided that the Puroha,cr shall nor be liable for any claims for anticipated prolix on the uncenmpleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in tm'or of the Seller with respect to any goods which are the Sella standard stock. No such temninalion shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be astttcd within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE W Il'H LAW. The Seller warrants that all goods sold hereunder 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 ur evidence compliance All laws and regulations required to be incorporated in agreements el this character ore hereby incorporated herein by this mmronce. The Seller agrees to indemnify and hold the Purchaser hmmlcss from all ass and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this ardor. or uny monies due or to become due hcrcundcr without the prior written consent ofthe other piny, 10. TITLE. The Seller warrants full, clear and unrestricted title un the Purchaser for all equipment, materials, ad items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall elcasc the Purchaser and its contractors of any tier from all liabilityand claims of any nature resulting from the performance ofsnch work. This release shall apply cwcn in the o'cnh of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch pany. The Scllcr', contractual obligations, including xnrmnly, shall not be doomed to be reduced, in any way, because such work is performed or caused to be performed 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 Scllcr 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 uny cost, expense or damage which it may be obliged to pay by reason ofsuch inking,u nt at any tins during the pro cvution or alter 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 infringenwnt and the use of said equipment or pun is enjoined, the Seller shall, at its own expense and at is option, either procure for the Purchaser the right to continue using said equipman or pars, replace the same with substaulially equal but noninGinging equipment, or modify it so it becomes noninGinging. 15. INSOLVENCY, It The Seller shall become insolvent or bankrupt, muke an assignment for the benclit of creditors, appoint a receiver or tmslcc for uny of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemu used or the imcryrctation ofthe ugrcenent and the rights ofall parties hereunder shall be construed under and governed by the Imes ofthe Sure of Colorado, USA. the following Additional Conditions apply only in eases whore the Seller is to perform work hereunder, including the services of Sellers Rcpmscntntive(s), on the pmmiscs ofuthem 17. SELLERS RESPONSIBILITY. The Sellershall carry on said work at Seller's own risk until th, sane is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials bcl'om Seller's final completion and acceptance, complete the work at Seler's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by ,hers for installation or erection by the Scllcr, the Seller shall receive, unload, ,,am and handle same at the sit, and loxone responsible therefor as though such materials and/or equipment were being famished by it,, Scllcr under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its cnmplayers employed on or in connection with the work covered by this purchase order, andlor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprchemive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, $500,000 for any one accident and propcny 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 ofthe Sellers or his contractors employees shall do any work upon the promises of others, the Seller shall furnish the Purchaser with a cenilieate that such compensation and insurance have been provided Such cenilicates shall specify the date when such compensation and insurance have been provided. Such cenifieates shall spcify the date when such compensation and insurance expires. The Seller agrees that such eumpens uiun and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assmncs the entire responsibility and liability to, any and all datagc, loss ,, injury ofany kind Or nature whatsoever to persons or propcny caused by or resulting from the cxccutiun of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold handless the Purchaser and any or all of the Purchasers officers, agents and employees lima .,,it against any and ell claims, losses, damages, charges or oxpmses, x'hathor direct or indirect, and whether to persons or propcny to which the Purchaser may be put or subject by mason of uny act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contrmYors officers, agents or employees. In case any suit or other l mcediugs shall be brought against the Purchaser, or its officers, agents or employees at any lime on account or by reason of any act, action, neglect, mnisslon or default of the 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 tat Sellers own expense, to pay any and all costs, charges, uttomcys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of is or their otTccrs, agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the propcny of the Purchaser, or said parties in or us a result of such suits or other proceedings, the Seller will at once cause the sanic to be dissolved and discharged by giving build or otherwise. The Seller and his contractors shall take all safety precautions, furnish and instill 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 Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010