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HomeMy WebLinkAbout110986 FORT COLLINS WINLECTRIC CO - PURCHASE ORDER - 3212287ago PURCHASE ORDER PO Number 1 of City Of3212287 � of z ' `t CollinsChis number must appear ` 1 1�7 on all invoices, packing slips and labels. Date: 01/24/2012 Vendor: 110986 Ship To: ELECTRIC UTILITIES FORT COLLINS WINLECTRIC CO CITY OF FORT COLLINS 1616 RIVERSIDE DR 700 WOOD ST P O BOX 271005 FORT COLLINS Colorado 80521 FORT COLLINS Colorado 80527-1005 Delivery Date: 01/23/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2012 BLANKET ORDER FOR 1 LOT LS 25,000.00 LIGHT AND POWER Total $25,000.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, 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. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NONWA IV ER. 98-01502. Federal Excisc Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist open strict performance of the terms and conditions hereof. failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes I973. Chapter 39 26, 114 (a). escrei:c any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for good hereunder or approval oflhe design. shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mat specificla oru. either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to he replaced except upon receipt of writen purchaser to insist upon strict performance hacofor any of it rights or rcmedics as to any such good. regardless im uetions from the City of Fort Collins. of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any purported oral modification or mseissien of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection no arrival. hereof. 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 part 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 from 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 Pnrchascr any and all claims it pray now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 7M Weed St., Too Collins, CO 80522, unless acquired murder 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 cr 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 from 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 from greater distance. may cause the work to he performed by the most expeditious means mailable to it and the Seller shall pay 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 talcs of the sure. 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 Fort Collins harmless fmm and against all liability and loss incurred by them by mason 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 arc, in fact bona fide and possess full and complete anthority to bind mid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto 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 promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents touched hereto. No acts of the Purchasers including, without limitation, acceptance of partial 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 rcmedics, the option ofplaeing 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 are beyond its reasonable control and without its fault ofnegligence, such act, of God, acts fcivil or military andamilics. governmental priorities, fires, strikes Bond, 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 recivcd 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 Sella warrants that all good, articles, materials and wort: covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and patented 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 warranty. The Seller shall replace, repair or mike 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 tams of any applicable warranty provided by the Set lcr after the date of acceptance of the good banished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Set let. Acceptance or use of goods by the Pnrchascr shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchasc order, the Sel lets liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CH ANG ES I N LEGA I. TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TER -IS. The Purehasa may make any changes to the tames, other than legal tents, including additions to or deletions from the quantities originally ordered in the specifications or drawings. by verbal or written change area. If any such change affects the amount due or the time ofperformaucc 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 good then not shipped, subject to any 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 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 wish respect to any goods which are the Sellers standard stock. No such termination shall relieve the Pumhasct of the Seller ofany oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is mdcmd. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have ban 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 Parch., homeless from all cost and damages tattered by the Purchaset 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 duc hereunder without the prior written consent of ncc other party. 10. TITLE. The Scllcr wanams full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in perinmtancc of this agreement, free and clear of any and all liens, restrictions, reservations, security interest reemebmnces and claims of.thas. The Seller shall release the Purchaser and its contactors of any tier fmm all liability and claims of any nature resulting firm the performance of such work. This releme shall apply even in the event of fault of negligence of the party released and shall extend to the directors, off ffcas and employees of such party. The Scllcrs contractual obligations, including warranty, shall not be cleared to be reduced. in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATEN IS. Whenever the Sella is required to asc any design, device. material or process covered by latter, patent, trademark or copyright, the Sella shall indemnify and save homeless 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 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 of The work. In case said equipment, or any part thereof or the intended use of the goods, is in such slit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its oven expense and at its option, either Feature for the Purchaser the right to continue using mid equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors. appoint a receiver or trustee for any of the Sellers property or business, this order may fonhwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation offl c agreement and the rights ofn11 panics Immandershall be construed under and governed by the laws ofher State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hcra nda. including the services of Scllcrs Rcprcscntative(s), no the premises of ethers. 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 case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Pnrchascr. When materials and equipment arc famished by others for installation or creation by the Seller. the Seller shall receive unload, store and handle same at the site and baomc responsible therefor as though such materials and/or equipment were being furnished by the Scllcr unda the order. 19. INSURANCE The Seller shall, at his own expense, provide for the payment ofworkers 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 laws of the state in which the work is to be than. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability nooranec with burbly injury and death limits of at least S300,000 for any one person, S5110.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewixc require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Sellashall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date what such enmpenmtlon and insurance have bcen provided. Such can ificete, shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insumnec shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nssnnmes the entire responsibility and liability for any and ,It damage, Ins, or injury of any kind of oranne whntsncvcr to pcmons m property caused by or resulting from the execution of the work provided for in this purchase unlace in connection herewith. The Sellawill indenmify and hold harmless the Purchaser and any r all of the Purchasers officers, 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 act, action, neglect, omission or default on the pan of The Seller, any of his contractors, or any of the Sellers or contractors otfcas. agents of 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 Many 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 aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the come at the Sellers own expense, to pay any and all costs, charges, a0omcps 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 Purchaser. of said panics in or as a result ofsuch suits or other pmceedings. the Seller will at once cause the mme to be dissolved and discharged by giving band or otherwise The Seller and his contractors shall take all safety precautions. famish and install all guards nousszry for the prevention of neeidats. comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safely and Health Act of 1970 and all rules and regulations issued pursuant Ihercto. Rea,ed 03/2016