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HomeMy WebLinkAbout127993 HOTLINE ELECTRICAL SALES & SERVICE - PURCHASE ORDER - 3214382Fort Collins PURCHASE ORDER Date: 04/17/2014 Vendor: 127993 HOTLINE ELECTRICAL SALES & SERVICE 6120 W 73RD AVE ARVADA CO 80003-3218 PO Number I Page 3214382 1of2 This number must appear on all invoices, packing sli sand labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 04/16/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2014 Blanket Order for Utilities 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.mm 1 LOT LS 5,000.00 Total 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. COMMERCIALDETAILS. Tax exemptions. By statute the Ciry of Fort Collins is exempt from state and local razes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Calibrate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions here.[ failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Stables 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided heron or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Related. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver.(any right of the damage in comou, may be arranged to you for credit and are not to be replaced except upon receipt of women purchaser to insist upon cars, performance hereafter any of its rights or remedies as to any such goad, regardless iasmctimm ft. the City of Fort Collins. of when shipped, received or accepted, as to any Our or subsequent defauh hmeuuder, rar shall any purported and modification or rescission of this purchase order by be purchaser operate az a river of any of be emu histaminic GOODS am subject o the City of For Collim inspection on 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 par of the City of Fort Collins. Howeve, it is to be understood that FINAL Seller and the Purchaser recognize that in amad economic practice, overcharges resulting Pont aminttst ACCEPTANCE is dependent upon completion i f ell applicable required inspection procedures. violations are in fuel home by the Purchaser. Themnof im, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood SL, Far Collins, CO 80522, unless acquired under federal or suite antitrust laws for such ovenclui relating to the particular good or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purebased or acquired by the Purchaser pursuant [o this purchase order. bill must eommoanv invoice. Acidulated charges for.asking will not be accented. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from be nearest distribution Paint o destions , and excess freight will be deducted fm Invoice when shipments are made fmm greater distance. Pemrin. Seller shall procure at sellers sole Cost all necessary permits, cmificams and licenses required by all applicable laws, regulations, ardinances and rules ofthe state, municipality, common or political subdivision where the work is performed, or required by any other duly constituted public authority havingjansdielion aver the work of vendor. Seller further agrees to hold the City of For Collins harmless from end against all liability grad lass near l by them by mason of an asserted or established violation lorry such la vs, regularioaz, ordinances, rates and requirements. Aufc riescion. All pur irs to this mntmd agree last the reprtsenativm art, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional mane and conditions annexed hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou 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 be purthax order and the documents strachrd beret.. No arts of the Purchasers including• without limitation, acceptance organist late deliveries, shall operate as a waiver orbit provision. In the occur story delay, the Purchaser shall lime. in addition m order legal end equitable mnair,, the option ofp1ming this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages az. result of delays due to causes not reaxembly foreseeable which are beyond its reasonable control and without its bind, of negligence, such acts of Gad, arts of civil or military authorities, governmental priorities, fins, strikes, flood, 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 received knowledge therm[ In the event of any such delay, the date of delivery shall b< extended far the period ryval to the time zcraally Imr by reason of the delay. 3. WARRANTY. The Sella wmi that till guards, articles, marmals and work covered by this order will ..farm with applicable drawings, specifications, samples araor other descriptions given, will be fit for the purposes intended, and performed with be highest regime of care and competence in accordance with accepted standard for work of a imilar moung The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach i f warranty. The Seller shall replace, repair or make good without cast to the purchaser, my defects or buln arising within one (1) year or within such longer period of time as may be, prescribed by law or by me moos army applicable comedy provided by the Seller after the time of acceptance of the goods f ished hereunder (acceptance not to be occasionally delayed), resulting from, imperfect or defective work done or materials furnished by fe Seller. Accepance of use of goods by be purchaser shall at comtlmte is waiver of any claim under this scummy. Except. otherwise provided in this purchase order, be Sellers liability hereunder shall extend to all damages proximamly caused by be breach of any of be foregoing warranties or guaaames, but such liability shall in no event include lass of profits 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 temp by writhe r change order. 5. CHANGES IN COMMERCIAL TERMS. The Purehazer may make any changes to me terms, edger Nan legal games, including addiioas to or deletions fmm Um 9uantities originally widened in fe spwifimtiom m drawings, by verbal or w'onrn change codes. If any such change affairs be amount dose or be time of,aformance hereunder, an equitable adjustment shut] he made. 6. TERMINATIONS. The Purchaser may at any lime by women change order, terminate this egn entran az to any or all portions i f the goods then not shipped, subject to any equitable adjustment between the parties as to any work or mnmials then in paugress provided bar the Parbaccr shall not be liable I'or any claims for anticip ted profin on the uncompleted portion of be goods amVor work, for incidental or consequential damages, and that no such adjuvment he made in favor of the Seller with respect to any good which are the Sellers standard muck. No such termination shall relieve be purchaser an the Sella of any offeu obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within fir, (30) days from the dam be change or trrmimtion u Ordered. 8. COMPLIANCE WITH LAW.. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and ftmished in strict complicate with all applicable laws and mgulaiob to which be good ere subject. The Seller shall execute and deliver such documents. may b<required m illicit a evidence compliance. All laws goal regulatiore required m be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees o rode a fy and hold the Purchase, harmless fmm all eosn and damages suffered by the Porch sea az a result Of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, vacs@. Or convey this order, or any monies due or to become due hereunder without the prior women consent of the other party. 10. TITLE. The Seller warrants full, clear and unrmtnded title to the purchaser for all equipment, romenals, and items rum it ed in perfonan. of this agreement from it clear of any end all liens, restridame, rev .., s.uriry interest encumbrances and claims ofo tars. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Parchser directs tM Seller to cornet nonconforming or defMive goods by a dine to be agreed upon by the Pumhaar and the Seller, and the Seller thereafter indicates its inability or unwillingness m comply, the Purchaser may muse the work to be performed by the most expeditions mean available to it. and the Seller shall pay all cosh associated with such work. The Seller shall release the Purchaser and its contrarmrs of any her from all liability and claims of any nature resulting from the Performance of such work. This release shall apply even in fie event of fault of ncghgarm of be party released and shall extend to the directors, aMo. and employees of such party. The Selle's commercial obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by be Purchsm. 14. PATENTS. Whenever the Seller is requital to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnity end save hearmle. the Purchaser from any and all claims for infringement by reason of the sea of such patented design, device, material or process in connection with the contract, ard shall indemnify the Purchaser for any cast, exporter or damage which it may be obliged to pay by reason of such infringement many time during the prosecution or after the completion of the work. To case said equipment, or any par thereof or the intended use of the goods, is in such suit held to coardeme, infringement rind be over of said equipment or par is enjoined, the Seller shall, at its own expense and in in option, either procure for the Punch. the right o continue using said equipment . pars, replace the same with substantially equal bat nounGtnging equipment, or modify it so it becomes mnirdhnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of credlmn, appoint a receiver or =me for any of the Sellers property or business, this order may forthwith be canceled by be Purchaser without liability. I& GOVERNING LAW. The definitions Orleans maxi or the intetpreati.n ofthe agreement and the rights of ell parties hereunder shall be coustnred under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of5ellas Repmsenrative(s), an the premises f.fen 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk unfit the same is fully completed and accepted, and shall, in race of any accident, destruction or injury to the work anchor materials before Sellers final completion and acceptance, complete the work at Seller's own expeng and to the satisfaction of the Purchaser. When materials and erryipmem art burnished by others for installation or erection by the Seiler, be Sella shall mceive, unload, some end handle some art the site and become ON mrsible fercfor Na though inch cratmals andlar equipment was being fumishr l by the Sella under the order. IS. INSURANCE. The Sella shall, at his own expense, provide for be payment of workers confirmation, including occupational disease banfin, to its employees employed on or in connection with the work covered by this purchase order, anchor to their ii,s ndeng, in accordance with the laws of lac stem in which be work is to be drum. The Seller shall also carry comprehensive general liability including, but not limited W. contractual and automobile public liability insurance with usably injury egal &am limits of in lent 5300,030 for any one person, S500.000 for my one accident and propmty damage limit per accident of SfW.WO. The Sell. shall likewise require his contractors, if any, On provide far such compensation and insurance Before any of the Sellers or his contactors employees shall do any work upon the premises of others, be Seller shall famish be Purchaser with a certificate that such compensation and Insurance have been provided. Such certificates shall specify fe date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller ogees chat such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. Far Sella ha rby ass es the atue capomibiliry and liability for any and all damage loss art injury of—y kind r nature whosoever to pmwns or property canal by or resulting from be execution of the work provided far in this purchase order or in cmmection herewith. The Seller will indemnify and hold harmless the Purchaser and any no all of the Purchasers .R ceren s, agts and employees from and against say and all claims, lasses, 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 sal, alien, neglect, omission or default on the Far of the Seller, any of his contractors, or any of be Sellers or contractors officers, agents or employees. In room any suit or other proceeding shall ho brought against be Purchaser, or its affirms, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its or fe'u officers, agents in employees as aforesaid, fe Sella hereby ogreal o assume the defence frreof and to defend On, same at the Sellers a. expense, to pay any and all costs. charges, artameys fees good Whom expenses, any rival all judgments but may be incurred by or obtained against the Puchaer or any of in or bar 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 be Purchaser, or said parties in or as a result of such sous or other proceedings, the Seller will at once cause be same to be dissolved and discharged by giving band or otherwise. The Seller unit his contractors shall take all safely precautions, famish and install all guard necessary for the prevention of Orchards, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thebo. Revised 03R010