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HomeMy WebLinkAbout110986 FORT COLLINS WINLECTRIC CO - PURCHASE ORDER - 9122106PURCHASE ORDER PO Number Page City Of9122106 ' of 2 ol f n �+J This number must appear Fort Collins ,�-,J`-' ` on all invoices, packing slips and labels. Date: 04/11/2012 Vendor: 110986 Ship To: UTILITY SERVICE CENTER - WA 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 FOP(-. �0 -_ P- U Delivery Date: 04/11/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 6555-7937 840 EA 5.0900 4,275.60 5" Base, 3 abreast spacer 09D1 SPACER, 5", PLASTIC, BASE, THREE ABREAST, 2" SPACING FORMER, MB5A3-2030; 2 6555-7943 1670 EA 5.0900 8,500.30 5" Module, 3 abreast spacer 09E1 SPACER, 5" PLASTIC, MODULE, THREE ABREAST, 2" SPACING FORMEX, M5A3-2020; Total $12,775.90 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 II, 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 Purchasc Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exempt inns. By statute the City of Fog Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-01502. Fedecal Excise Tax Exemption Certificate of Registry R4-60(i is registered .with the Collector of Failure of the Purchaser to insist upon strict perfornanee of the teats and conditions herenf failure or delay to Internal Revenue. Donor, Colorado (Ref. Colorado Revised Simons 1973. Chapter 39-26. 114 (a). exercise any rights or rcmcdics provided herein or by law. failure to promptly notify the Seller in the event of a breach, the acceptance afar payment for goods hereunder or approval ofthe design, shall not release the Seller of Gods Rejected. GOODS REJECTED due to hailare to men specifications, efface when shipped or due to defects of any of the wvaggmics 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 herenfor any of its rights or remedies as to any such goods, regardless instructions from the City of fog Collins, of when shipped, rcccivcd or accepted, as to any prior or a,b,equcnt default Immunda. nor shall any purported unl modification ar rescission of this purchase enter by the Puamhawr operate as a wat%cr of any of the tomes Inspection. GOODS arc subject in the City of Furt Collins inspection on arrival. hereof. Final Aeeeptxace. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIAIS. authorized payment on the pan of the City of Fort Collins. However, it is to be univrocind that FINAL Seller and the Purchaser recognize that in netunl economic practice. overcharges resulting front antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this pureha,c order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tams Shipments must be F.O.B.. City of Fort Collins, 700 Ward Sr. Fora Collins, CO 90522, unless acquird under federal or state antitmst laws for such overcharges relating to the particular goods or services othcnvisc specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased oracquired 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 manufxcturcr, have distributing points in various pans of the country, shipment is If the Purchaser diesels the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point in 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 Purchasor shipments are made fmm greater distance, cony cause the work to he performed by the most cxpcditimrs means available to it, and the Seller shall pay all costs assnciared with such .vnrk. Permits. Scllcr shall procure at sellers sale cast all necessary permits, certificates and licenses required by all applicable Imes, regulations. ordinances and rules ofthe state, municipality, territory or political sa ain ision where the work is perforated, or rcquircd by any other duly constituted public authority having jurisdiction over the work of vendor. Scllcr further ngrccs to hold the City of Fort Collins harmless fmm and against all liability and loss inaared by them by reason of an asserted or established violation of any such laws, regulations, ordinances. rules and rcquircmcnts. Authodz tion. All panics to this contract agree that the representatives arc, in fact. bona fide and possess full and complete authority to bind said parties. LIMITATION OF; TERMS. This Purchase Order "Ver,sly limits acceptance to the term 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 Iemw and conditions proposed by seller arc 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 of the 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 ofpartial Ire deliveries, shall operate as a wnivcr ofthis provision. In the Went of any delay, the Purchaser shall have, in addition to other Icgal and equitable rcmcdics, the option ofplacing this order elsewhere and holding the Seller liable for damages. Ifmvever, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foretteable, which arc beyond its reasonable control and without its fault of negligence. such acts of God. acts of civil or military authorities, governmental priorities, fins, 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 fat received knmvlcdgc thereof. In the event of any such delay, the date of delivery shall he extmdcd for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all gouda, anielcs, 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 perforated 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 hamdess from 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 make gad, without cost 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 terms ofemy applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm 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 tinder this wage nry. Except as othcnvisc provided in this purchase order. the Sellers liability hcmundcr shall extend In all damages proximmcly caused by the breach of any of the foregoing wamntics or gaxrmaces, but such liability shall in no event include doss ofpmfits or loss of uses 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 toms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wntten change order. If any such change affects the anmunt true or the time of performance hereunder, as equitable adjustment he]] 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 parties as to any work or materials then in progmss 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 f is Seller with respect to any golds which arc the Scllcrs standard .stock. No such termination shall relieve the Purchaser or the Seller of any argon obligation, its to any goods ddiverd httcundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fining the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goA, sold hvvunder 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 dorments as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated heroin by this reference. The Seller agrees to indemnify and hold the Purchaser hamlese From all costs and damages suffered by the Ptirehas,r as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign. transfer. or convey this order. or any monies due or to bacon, due hereunder without the Prior wvimen consent of the other parry. 10. TITLE. The Seller vage nt, full, clear and unrestricted title in the Purchaser for all cquipmcnt, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, re,cr ations, security interest cncumbmnces and claim, of inhen. The Seller ,hull release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting Tom the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend In the directors, offeem and employees of such party. The Scllcr'., cnntructrml obligminas including warranty, shall not be deemed to he reduced, in any way, because such mark is performed or caused to he 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 Seller shall indemnify and save harmless the Purchaser from any and all claims for infringcmcnt by reason of the use of such patented design, device, matcrinl 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 ofsuch infringement at nny time during the prosecution tar after the completion of the work. In case said equipment, or any part theesof or the intended use of the goods, is in such sail held to constitute infringement and the use of .said equipment or part 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 %tibseirtially equal but naninfringing cquipmcnt, or modify it so it becomes anninfringing. 15, INSOLVENCY. If the Seller shall became insolvent or bunkrapt make an assi,.mmem for the benefit of creditors, appoint a receiver or lueno for any of the Scllcrs property or business, this order may forthwith he canceled by the Purchaser without liability, 16. GOVERNING LAW. The definitions effective, tis,d or the interpretation ofthc agercmcnt and the rights of all panics Forefather shall be eoastmcd tinder and law creed by the laws of the Slate of Colorado, USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder. including the scn iccs of Sellers R,prcacntativc(,). on the premises of othcm. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work of Seller's own risk until the mine is filly completed and accepted. and shall. in case of any nccidcnl, 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 ofthe Purchaser. When materials and equipment are him mial by Mhcts for installation or erection by the Seller. the Seller shall receive, unload. store and handle same it the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his Own expense, provide for the payment of workers compersation, including occupational disease ha nefits, to its employees employed on or in connection with the work covered by this purchase order. and/or in their dependents in accordance with the Imws of the state in which the work is to be done. The Scllcr shall also carry eom sabvasive general linhility including, but not limited to, commmual and omomahile public liability insurance with build, injury and death limits of at least 5300.000 for any one person, S500,000 for an) one nccidcnl and property damage limit per accident of S40Ik000. The Scllcr 'hull likewise require his contractors, ifany. to provide for such compensation and insurance. Before any of the Sellers at his contractors employees shall do any work upon the premixes of uthca, 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, eotnpensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expire,. The Seller agrees that such compensation and insmmnce shall he maintained nail one, the entire work is completed and incepted. 19. PROT EC'I'ION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrchv 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 Gam the execution ofthe work pmvided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any Or sell of the Pumhasen officer,, agents and employees from and against any and all claims, losses, damages charges or expenses, whether direct Or indirect, and whether to pcesons or popery to .which the Purchaser may be put or subject by reason of any act, union, negled omission or default on the pan of the Scllcr, 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 empinyees at any time on account or by reason of any act, action, neglect omission or default ofthe Seller ofany of his contractors or any of its or their officers, agents or employees as i fgremid, the Seller hereby agrees to assume the defense thereof and to defend the same al the Sellers own expense, to pay any and all costs, charges, aromcys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its of their officers. agents or employces in such suits or other proceedings, and in case judgment or other lien be placed upon or obtain,d against the property of the Purchaser, or said panics in tar as a rrndl ofsuch suits or other proceedings. The Seller will at once cause the some to be dissolved and discharged by giving bond or othcnvisc. The Seller and his contractors shall take all safety precautions, furnish and install all guards necesmm for the prevention of accident, comply with cell Imws and regulations with regard to safety including, but without limitation, the Occopation it Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010