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HomeMy WebLinkAbout110986 FORT COLLINS WINLECTRIC CO - PURCHASE ORDER - 9141703PO PURCHASE ORDER 914170er Page City of PURCHASE 9141703 ' of z Flirt CollinsChis number must appear t—J`-' ` 1'�7 on all invoices, packing sli s and labels. Date: 03/24/2014 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 CO 80521 FORT COLLINS CO 80527-1005 Delivery Date: 03/24/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price OTHER UTILITY SUPPLIES 1 LOT LS 18,600.00 5" SCH 40-BORE-GARD PART #BG540SP-020 5" SCH. 40 BORE-GARD $4.65 PER FOOT FOR 4,000 = $18600 BANNER HEALTH City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 Total $18,600.00 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 1. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fart Collins is exempt from sure as lam taxes. Our Exemption Number is 11. NONWAIVER. 98-0 502. Federal Excise Tax Exemption Certificate of Registry g4-6t)(0582 is registered with the Collator of Failure of We Purchaser to must upon stein pfifrso mce of the lean and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Sumacs 1973, Chapter 39-26. 114 (a). execue any rights or remedies provided harem or by low, failure to promptly notify the Sella in the cocoa of a breach, the acepance oI., Farmers, far goads hereunder a approval ofilm drsia,, atoll rot release the Seller of Goads Rejoined. GOODS REJECTED due m failure 0 men spairicatlom, either what shipped or due to defects of any of the waarauties or obligations of this purchase older and shall not be domed a waiver ofany right of the damage in transit, may be reamed to you for credit and art not to be replaced except upon receipt of wri.cn purchaser to insist upon strip performanee hereofor any of its rights or remedies as m any such goods, regardless instructions from the City affect Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser meml, as a waiver crony of the teas Inspection. GOODS are subject o the City of Pon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this Omer c:m result in 12. ASSIGNMENT OF ANTITRUSTCLAIMS. authorized prymmr tin the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual e m practice, overcharges resulting from antitrust ACCEPT ANCE is dependent upon completion oral applicable required inspection procedures. violations are in fact home by the Purchaser. Theretof rm, forgoodcause and as consideration for executing this purchase older, the Seller harry assigns to the Purchaser any and all claims it may now have or hereafter Freight Trans. Shipments must be F.O.U., City of Fort Collins, 200 Wood St, Fart Collins, CO 80522. unless acquired under formal or sure antitrust laws far such mcmharges relating 10 the Particular goods or services otherwise s,re fia oa this order. If permission is given to prepay freight said charge to man ly, 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..far,—. have dishrommg points in various pars, of the country, shipment is If the Purchssa directs the Seller to cancer nonconforming or defa,ive goods by a date to be agreed upon by the expected f the nearest distribution point to destitution, and excess freight will be, deducted from Invoice what purchaser and the Sella, and the Seller consider indicates its mobility or unwillingness to comply, the Pmchasa shipments am made fmm greater disun e. may cause the work b be Performed by the most expeditious meant available to it, and the Sella shall pay all casts associated with such work. Permits. Seller shall procure at sellers sale cost all necessary, permits, certificates and becomes required by all applicable laws, regulations, ordinances and rates of the state, municipality, mrreary oe political stilm,ision where The Sella shall release the Parchaser and its contractors of any tier from all liability and claims ofany ramm the work is performer, or required by any other duly coustimred public authority having jurisdiction over the work resulting from the performance afauch work. of years, Seller banker mares to hold the City of Fon Collins harmless from and against all liability rand loss urea by them by ream. of an asserted or established violation ofany such taws, regulmions, oldin:mces, ales This release shall apply even in the event of fault of negligence of the party releasal and shall extend to the and comb mots, directors, officers and employees ofsuch party. Authorbadmn. All parties to this contract agree that the representatives are, in far, bona fide and possess full and complete military to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementary or additional lama and conditions aanexed harem or ins aporamd herein by reference. Any additional or chimmat terms and conditions proposed by seller are abated 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 most be effected within the time stated on the porcfm older and the documents amched hereto. No acts of the Producers including, without limitation, acceptance officinal lam deliveries, shall mane as a waiver ofthis protection. In the event ofany delay, the Purchaser shall have, in addition M other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall Fat be liable for damages . a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control as without its fault of negligence, such acts of God, act, ofcivil or military authorities, gave mmemal prionries, fires, Ofirka, Bond, epidemics, wars or oars provided that notice of the conditions causing such delay is given se the Purchaser within five (5) days of the time whin the Seller first received knowledge thereof. In the color olnny such delay, the date of delivery shall Is, extended far the period equal to for, time acmally lost by reason of the delay. 3. WARRANTY, The Seller warrants that all goods, articles, contends and work covered by this order will conform with applicable drawings, spaificarime, samples aM/or other descriptions given, will be fit far the purposes intended, and ,afomral with the highest degree of care and competence in accordance with accepted standards for work of a similar mstum, The Seller agrees ro hold the purchoser harmless from any loss, damage or expose which the Purchaser may miler or incur an camel, of the Sellers breach of wamnry. The Sella shall replace, repair or make good, without costto the purchase, any defects m Estates erasing within one (U year or within such longer Period] of time as may be premnba by law or by the ¢cos ofany applicable wamny provided by the Sella after the date of acceptance of the goods famished hereunder marp,anc, not m be unreasonably delayed), resulting fmm imperf t or defective work done or wterials famished by the Seller. Acceptance or use of good by the Forebear shall not constitute a waiver of my claim under this wamamy. Except as otherwise provided in this pmchme oNa, the Sellers liability hereunder shall extend to ail damages Proxfwrcly caused by the breach of my of the foregoing warranties or goaranmes, but such liability shall in no event include loss of profits or loss of as. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal terms by x'rinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrinen change olderif any such change affats the amount due or the time of performance hereunder, an equitable mjmtrnent shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, terminate this agreement as to any or all poniom of the good then net shipped, subject to any equitable adjustment belwaen the Parries as to tiny work or wterials then in Formal provided that the Pmcluaa shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods mdNm work, for incidental a amememial damages, am that no suet, exper meal be Fade in favor of the Sella with respect to any good which am the Sellers standard stock. No such termination shall relieve ,he Purchase, or the Sella ofany oftheh obligations as no any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim far adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered anJ fumished in strict compliance with all ap,[,.bl, laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be yuired to effect or evidence compliance. All laws and regulations required to be incorporeal in agreements of this character arc hereby inc.ryomted herein by this reference. The Seller agrees to indemnify as hold the Purchasa heard. form all Its and dawga suRc,ed by the Purchases as a mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither puny shall anlgn, comma, or convey this order, or any wades due or to become due hereunder without the prior warm coomt argue other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to me Purchaser for all equipment, materials, and items famished in performance of this agreement, Bee and clear of any and all liens, restrictions, reservmions, select, interest encumbrances and claims of others. The Seller's contractual obligations, including warranty, shall not be deemed to be natural, in any way, because such work is performed or.ured to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is raluirad to um any design, desire, ma,en d a process covered by tell,, parent, madcnark bycopyright the Seller shall indemnify and save harmless the Purchaer fmm any and all claims for Infringement reason of rise use of such patented design, device, material or process in connection with the mn ism, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to Pay by ream. fsuch inGngement at any time during the Interaction or after the completion of the work. In case said apipmen, or any pm thereof or the intended use of the good, is in such suit held to consumer infringement and the use of said rynipmion or Pont is enjoined, the Sella shall, at its owl, "co, and a, its option, ether procure far the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfnnging equipment, or modify it On in bee amca noninfringing. 15, INSOLVENCY. If the Seller shall become insolvent or bankmpe, make an assignment for the benefit of creditors, appoint a mCCiVCT or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions Orleans used or the interpretation of the agreement and the nghas of oil parties hereunder shall be commued under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereaaer, including the sluices of5ellcrs Represence ive(s), on the premises of others 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work in Seller's own risk ur fil the same is fully completed as accepted, and shut, in case of any accident destruction or injury to the work mi na,mals befog Seller's fowl completion and acceptance, complete the work at Sellars own expense and to the satisfaction of the Purchme, When wtmak rem eq.no. are famished by others for installation or erection by the Seller, the Seller shall receive, mlod, stare and handle same at the site and become responsible therefor as though such materials argon equipment were being famished by the Seller under the order. I I. INSURANCE. The Seller shall, at his own expense, provide 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 laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with burbly injury and death limits I. less, S30Ij30 for my one person. 5500,IX0 far any one accident and property damage limit per accident of Si00,0110. The Sella shall likewise require his ommaors, if any, m provide for such compaction and insee. Before my of the Sellers or his communion employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate thar such ..,.Iran and announce have ba. pervldaL Such certificate shall specify the date whey sorb compensation and imumme have been provided. Such certificates shall specify the due when such compensation and imamover expires. The Sevier agrees that such compaction and inmerattce shall be maintained col➢ after the entire walk is completed and accepnd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcmby sasurnes the entire responsibility and liability for any and all damage, lass a injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase older or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employers from as 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 a the Sella, any of his onmamors, or any of the Sellers or contractors otticem, agents or employees. In case any suit or other proceedings shall be, brought against the Purchaser, or its officers, agents or employees at my time Or account or by reason of my .4 action, neglect, omission or default of the Sella ofany of his contractors or any of its or Their Officers, agents or employees sw aforesaid the Sella hereby agrees to assume the defame thereof and to defend the same at the Sellers own expense, ra pay any as all costs, charges, mtomeys fees am other expenses, any and all jagmms, that may be incumd by air obtained agaimt the Purchase, or my of its or their officers, agents or employees in such suits or other proceedings, and in case jagmm, or other lien be placed upon or obtained again, the moped of the Parchment, Or said panics in or cos a mull ofsuch suits or other peacemings, the Seller will al mace cause the same,. be dissolved and discharged by giving boa or otherwise. The Seller and his conuac,oes shall take all safety precautions, famish am install all gualds necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitauor, the Occupational Safety as Health Act of 1970 and all roles and regulations issued pursumt thereto. Revised 03nOIO