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HomeMy WebLinkAbout289715 SCHWEITZER ENGINEERING LABS - PURCHASE ORDER - 9142946Fort Collins PURCHASE ORDER Date: 05/23/2014 Vendor: 289715 SCHWEITZER ENGINEERING LABS c/o K D JOHNSON INC PO BOX 1208 LEONARD TX 75452 PO Number Page 9142946 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 05/23/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price t 6714-2318 50 EA 150.0000 7,500.00 3-ph fault indicator / 750M 06A3 FAULT INDICATOR, 800A TRIP, STORED ENERGY, CURRENT RESET (3.0 AMPS CONTINUOUS), FOR 750KCMIL 1.85" CABLE (DIAMETER OVER CONCENTRIC), STANDARD REMOTE DISPLAY WITH N.O. SCADA ACCESSORY CONTACTS. SINGLE INDICATOR FLAG FOR ALL THREE PHASES. 20' CABLE BETWEEN SENSOR AND DISPLAY, AND 20' CABLE FROM ACCESSORY CONTACTS E O SCHWEITZER, 3CRV 0800 A; 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PBrchese Order Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. I'as exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Drover, Colorado (Ref. Colorado Revised Statute, 1973, Chapter 39-26, 114 (a). carrise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of Or payment for .nods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the countries or obligations of this purchase older and shall not be deemed a waiver of any right of the damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of wrinn Purchaser to insist upon strict performance adeofor any of m rights or remedies as to any such goods, regardless comment... tram the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purprred oral mush fic Lion or rescission of this purchase older by the Purchaser claims as a waiver of any of the ktms Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or yuipnrent in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual ttnmk practice, Overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations are in fact home by the Purcaser.Theretofore, for goad muse and as consideration for executing this purchase older, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Trams. Shipments taus, be F.O.B., Cary of Tom Collins, 700 Wood St., Fan Collins, CO 80522. unless acquired under ledeml or state antiwst laws for such overcharges relating to the patentor goods or services otherwise spa fad on thus order. If Permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant m this purchase orde, bill must xcomponv invoice. Additional chances far packinc will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the reamer distribution point to destination, and excess freight will be deduetd from Invoice when shipments are made Eons grater dastanm. Persons, Seller shall prmure at sellers sole cast all necessary pennon,, cedifcame ail licetsm ntlmrd by all applicable laws, cadmium, ordinances and tales of the state, municipality, territory or political subdivision where the work is pafawed, or taluired by any other duly constituted public authority havangju isdacfaon over the work of vendor. Seller further agrees to hold the Clry of Fort Collins awless from add against all liability and loss incurred by them by mason of an asserted or established violation of any such laws, regulations. ordinances, tales and enticements. Aud sconstaom All ponies an this contract agree that the representatives ace, in fall, bona fide and Assess full and complete contrary to bind said parries. LIMITATION OF TERMS. Thus Nallose Older expressly limits accepmmc to to terms and asuffaons staid herein set forOm and any supplementary or additional rums and conditions annexed hereto or incorporated herein by reference. Any additional or different Warms and conditions pmpsd by sulker arc objected to add hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASWG AGENT' Immedrately if you cannot make complete shipment to arrive on your promised delivery sax as noted. Time is of the essence. Delivery and performance must be effected within the brae stated on the purchase order and the documents attached hereto. No acts of the Purchaxm including, without limitation, acceptance of Iwoal late deliveries, shall operate as a waiver of this provision. In the event army delay, Me Purchaser shall have, in addition to other legs and exposable centuries, the option nlplacing 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 m causes rim..bly foreseeable which are beyond its rtaxdatala control aod without its fault of negligence, such ad, of Gad, acks of civil nr military mIhobtim, gONc MMsl prlodlia. fires, strikes. Rood, Widemim, wars or riots provided that von m of the conditions causing such delay is given to the fascicular watts 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 ypl to the trine actually lost by reason of the delay. 3. WARRANTY. The Seller warmnm thal all grads, aftacles, .,a..], mod work mscreA by this We, will mofow with .,liable drawings, specifications, samples will other descriptions given, wall ho Et for the purseas intended, and Performed with the highest degree of can and sumpence, in accordance with accepted samards for walk of a trdlar nature. The Sella agrees to hold the purchaser hamdess from may loss, damage or expense which the Purchaser may sufferer incor on account of du, Sellers breach of warmnry. The Sella shall replace, repair or make good, without cost to the poschase .any defects or faults wrong within one (1) year or within such longer period of time as may be prescribed by law or by the W. army applicable warranty provided by the Seller she the die of accrexns, of the good fumishd hereunder pecamence not to be contractibly delayed, recording from imperfect or defecdve work dose or mammals fiunishd by the Seller. Acceptance or use of goods by the Particular shall not constitute a waiver of any claim under this wmrand, Except as otherwise provided in this p rchsae India, the Sellers liability hemmer, shall extend to all damages proxhmi.ly caused by the breach army of the foregoing wananbes or gadideas, but such liability shall in no event include loss of profits or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal sews by wrinrn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the terms, other than leg[ min, including additions to or deletions Item Me quantities originally ordered in the specifiwtiom or drawings, by saint or wrinen change older. If any such change areas the amoout due or the time ofpeffowance hereunder, an climbable adjustment shall Ix made. 6. TERMINATIONS. The Purchaser may at any It.. by wham change order, tarromme this .,,,anent as to any or all pdiom of the good then not shipped, subject to any ryuitable adjustment between the panda as to any work or materials he. in progress provided Ihal the Purchaser shall tat be liable for any claims fur anticipated pmOrs on We uncompleted portion of the goods ankor work, for incidental or comaauenfial damages, and that no such adjustment be mate in favor of the Seller wont respell to any goads which ere the Sellers smndld crack. No such motorman shall retiree the Purchaser or the Sella of any of their obligations as to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most Ix asserted within inlay CID) days from the date the change or termination is ordeal. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict omplianre with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required m effect or evidence compliance. All laws and regulations rationed to be ncorporaled in agreements of this character are hereby mammon d herein by this reference. The Seller egmrs to indemnify and hold We Purchaser harmless from all toss and damage suffered by the Purchaer as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither pad, shall assign, wnsfen or convey this Oder, or any monies due or to become due hereunder without the prior written colsoul Of We Other party. 10, TITLE. The Seller warrants full, clear and arrommcted till, to the Purchaser for all egtipment, materials, and items fuMahed in performance of Was agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser threats the Seller to correct nonconforming or Relative goods by a date to a agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness m comply, the Purchaser may cause the work to be Performed by the most expeditions means available to it, and the Seller shall pay all costs assuchad with such work. The Seller shall release the Purchaser and its an rucmrs of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of Friuli of xgli,xnce of the party released and shall extend to she directors, officers and employees of such party. The, Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is prfnwd or mused to be perfonard by the Purchaser. 14. PATENTS. \Vhexver the Seller is required muse any design, devke material or process covered by lamer, prom, trademark or copyright, the Seller shall indemnify and save hornless Me 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 mall indemnify the Purchaser for any cost, ceperm'e or damage which it may be obliged to pay by reason of such infringement at any time during the pnascculion or after the completion of the wmk. In case said equipment, or any pan thereof or the intended one, of the Gods, is in such suit held In mmsaimx infrm,eme t and the use of said e,mintam or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purdcser Me right to continue using mid equipment or pans, replace the same with substantially equal but noninfringin, equipment, or modify it to it becomes maninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment fro the benefit of creduars, apple a receiver or matee for any of he Selles, propeny or business, this adder may forthwith be mxeld by the Purchaser without liability. 16, GOVERNING LAW. The deemtons of xfrm and or the interpretation ofthe apartment and the rights of all parries remember shall be mewed under and governed by Me two of thc Sale of Colorado, USA. The fallowing Additional Conditions apply Only in cases where We Seller is or perform work hereunder, including the services m'Sellcs fteprtxnstivgzd, on the premises ofothers. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at sluces own risk until We six 4 fully completed mad accepted, and shall, in arse of coy accident. destruction or injury to the work andfor mesas before Sellers anal completion and acceptance, complete the work at Sellers own repartee and to the satisfaction of the Purchaser. When materials and equipment an, f ishd by orders for insmll.din Or erection by the Seller, the Seller shin receive, mmtad store and handle mine at the site and become responsible therefor as though such ntimats maker equipment were being (ambit by the Sella under the onda. 18. INSURANCE. The Seller shall, an has own expedem. provide for the paMe.. of wxkcrs mmpenmtion, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purehase, order, Indoor to their dependants in sumrtance with the laws of the state in which lie work is to be done. The Seller shall also cart, comprehensive general liability including, but not limited m, mnwetnal and automobile public liability insumna whh nobly injury am death limits of at least $Lp,Ooo for any one person, SSOQo00 for any one accidence and property damage limit tar accident of 540R00R The Seller shall likewise require his contractor, if any, to provide for such compensation cod insurance. Before any of the Sellers or his contractors employees shall do any work upon the premuse, ofothcrs, the Seller dull famish the Purchaser wOR a cenifmmm that such c mpensalien and wasturance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ceni cater shall specify the date when such compeasiion and insurance expires. Tha Seller a,m. tat such compensation and murance shall be maintained coul.fte, the entire work is completed and accepts. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby assume the rntire respnsibility and liability for any and all damage, lass or injury of any kind or nature whatsoever to pativns or poprty caused by or resulting from the execution of the work provided for in this purchase order or in connection hrnewhth. The Seller will indemnify and hold awless We Purchasur and any cr all of the provisionsofficers, agents and employees from and against any and .II claims, losses, damages, harges or expenses, whether direct or coined and whether to reform or pmp,rty to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller. any of his contractors, or any of the Sellers or contactors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or is officer, agents or employees at any time on account or by reason of any 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 no defend the same in the Sellers own expenu, to pay any and all toss, charges, auomeys fees and other expenses, any and all judgment, that may M incurred by or obtained against We Purchaser or any of as or their officers, agents or employees in such suits or other proceedings, and in cox judgment or other lien be placed upon or obtained against the f mpdy of the Purchaser, or said panics in or as a result ofmah suits or other proceedings, the Seller will at once cause the same to be dissolved and discar,ed by giving bond or otherwise. The Seller and his commdors shall take all safety prel utions, furnish and install all guards necessary for We prevention of accidents, comply with all laws and regulations with regard to safety including, but without formation, the Occupational Safety and Health Act of 1970 and all mks and regulations issued pursuant therein. Revised 03ROI0