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HomeMy WebLinkAbout486987 BORDER STATES ELECTRIC SUPPLY - PURCHASE ORDER - 9144158PO PURCHASE ORDER 914415er Page City of PURCHASE 9144158 1 er z C6rt Collins Ins This number must appear v ` �7 on all invoices, packing sli s and labels. Date: 07/2212014 Vendor: 486987 BORDER STATES ELECTRIC SUPPLY 4686 IVY STREET DENVER CO 80216-6412 Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 07/22/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price t 6709-8190 200 EA 91.8400 18,368.00 25kva, xfiner cable kit BULK TRANSFORMER CABLE KIT, FOR 25 KVA TRANSFORMER, INCLUDING 6" RAYCHEM #WCSM 48/12-150S HEAT SHRINK TUBE & HOMAC #2043-12 COPPER SCREW - ON TRANSFORMER STUD ADAPTER (5/8" X 11 FOR 2/0 CABLE) CRIMPED TO A 12 FOOT 600 VOLT INSULATED FOR WET ENVIRONMENTS 2/0 COPPER LEAD INDIVIDUALLY COILED WITH EPDM CABLE END CAP, WITH HEAT SHRINK BAGGED AND ZIP TIED TO CABLE AND CONNECTOR ASSEMBLY 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 II Pay terms net 30 days 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins 6 exempt from state and local taxes. Our Exemption Number is 98-01502. Federal Excise Tax Exemption Certificate of Registry 84fi000587 ¢ registered with the Collector of Internal Revenue, Denver, Colorado (Relf Colorado Revised Smtmes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due fro failure to meet specifications, either when shipped or due m defecs of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions fen ffe City of Fort Collins. Inspection. GOODS are subject to the City of Fon Collins inspection on critical. Final Accepance. Receipt of the merchandhe, se or equipment in response to this order can result in authorized payment on the pan of the City of Too Collins. However, It Is to be understood that FINAL ACCEPTANCE is dependent an completion mall applicable equined impecti.. procedures. Freight Tetras. Shipments mast be F.O.B., City of Fon Collins, 700 Wood St, Fell Collins, CO 80522, unless otherwise spmified on this order. if pemrifm i is given 1. prepay freight end charge separately, to original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distable. Where manufacturers have distributing Points in us pans of the country, shipment is expected from the nearest distribution point to dedirtion, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procum at sellers sole cost all necesvry permits, cenifteates and licenses rgmird by all applicable laws, regulations, ordinances and his of the state, municipality, territory or political subdivision where the work is performed, or required by any ocher duly constituted public authority having jurisdiction over the work of veMor. Seller further agrees to bold the City of Tom Collins harmless from and against sit liability and loss incurred by them by reason of an assmed or established violmion of any such laws, regulations. ordinances, rules and res in moms. Anthorimtion. All ponies m this contract agree that the m,vw moves are, in fact, bona fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Older formally limits acceptance m the it. and conditions atatal herein set Road, and any supplementary or additional erms and conditions arexed hereto or imorpomted herein by reference. Any additional or different firms and coMitiom pcporM by seller we objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to active rat your promised delivery due as who1 Time is of the c,.c. Delivery and performance mull be effected within the time stated on the purchase order and the documents attached hereto. No acas of the Producers including, without lindmice, acceptance of partial late deliveries, shall o ann to as a waiver orders provision. In the event of ray delay, the Facilitate shall have, in addition to other legal and c,uimble amedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not M liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable camel and without its hour of negligence, such acls of Cod, acts of civil or military authorities, governmental priorities, fires, spikes, flood, epidemics, wars or nob provided that notice of the conditions causing such delay is given to the Parch van within IN, (51 days of the time when the Seller fiat received knowledge themf.. In the aenr of ray such delay, the dam of delivery, shall be extended for to period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples muVor other descriptions given, will be fit for the purposes intended, and performed wit to highest degree of cart and competence in nroldame with accepted standards for work of a similar become. The Seller agrees to hold the purchaser bvmless fmm my loss, damage or expense which the Pumbecon may suffer or incur on account of the Sellers breach alterability. The Seller shall replace, repair or make good, without cast to the pard user, any defects or faults arising within one (1) year or within such longer record of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the darn of nceptmce of the gams furnished Marauder (acceptance noo 1. be umramxrably delayed), resulting min imperfect or defective work done or materials famished by be Seller. Acceptance or use of good by the Purchaser shall not constitute a waives crony claim nail this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend a all damages pmximately caused by the breach of my of be foregoing wanvnties or guannmes. but such liability shall in no event include loss of profits or loss of p6e. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. q. CHANGES IN LEGAL TERMS. The Purthaxr may make change, to legal tams by wren change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the moms, other than legal terms, including additions to or deletions Pram the quaril Liles origirlly ordered in the spec)ncatimas or drawings, by verbal o wren change .Met. If any such change mite. to amo..I due m to lime or mform. hrreundee anrycitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wren change order, terminate this agreement as to any or all portions of to goods then not shipped, subject to any equimble adjustment between to flames as to my Mark Or mmedh then in Progress provided that the Purchaser shall not be Ira to for any claims for anticipated profits on to uncompleted portion Of the god md/m work, for incidental or consequential damages, and that no such adjustment M made in favor of the Seller with tespttt to my goods which are the Sellers standard stock. No such xrmirtioo shall relieve the Purchaser m be Setter ofany orthcir mligaaions ass, to any good delivered heremdn. p. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within tiny (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants but all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and m,rilarions to which the good we 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 hie Purchaser homeless fmm all cosecs mad damages suReml by be Purchaser as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, bill or convey this order, or any monies due or to become due hereunder without to prior written consent of the other pray. IO.TFFLE. The Seller war %full, clear and ttmraamcted fide to the Purchaser for all equipment materials, and items fumuhed in performance of this agreement f and clear of any and all liens, restrielimns, reactivations, security interest mcumbmncn aad claims ofit hers. 11. NONWAIVER. Failure of the Parcboser m insist upon strict performance of the arms and candidates hrreot failure or delay to exervive an, rights or emedies provided herein or bylaw, failure to promptly notify fce Seller in the event of a breach, the acceptance ofor payment for goods hereunder at approval of the design, shall not release to Sella of any of the warramm, or obligations of his purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereofm any of its rights or remedies us to any such goods, regardless of when shipped, received or meepted, as to any prior or subsequent default hereunder, nor shall any puryoned oral modification or rescission of this purchase order by the Pmehser operate as is waiver of any of flee temp hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Porchbwa recognize that in actual ecomaile practice, overcharges resulting from antitrust violations arc in fact home by the Purchase, Theretofore, for gaud now and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims a may now have or hereaner nqumd[ under federal or state mtitrast laws for such overchrgn relating to the particular goods or services purchased or acgnbed by the Purchaser pursuant m this pumhse order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLICATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, ffe Purchaser may cause the work to be Performed by the most expeditions mends available to of and the Seller shall pay all vests aazocimed with such work. The Seller shall release lire Purchase, and its contractors of any her from all liability and claims of any Maine resulting from the performance ofsuch work. This eleme shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officer, and employees ofsuch patty. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in my way, became such work is performed or caused an be performed by the Purchaser. 14. PATENFS. l4Tmever the Seller is required to use ray design, device, material ar access coveed by lemer, patent trademark copyrigla, the Seller shall indemnify and save humlm the Purchaser fern any and all claims far inGngement by reason of the use of such pounded design, device, material or amass in conncerim with the contract and shall indemnify the Purchnmr for any cast, 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 pan thereof or be intended use of the goods, is in such suit held to constitute infringement oral the use of said equipment or pan is enjoined, the Seller shall, at its own expense and in its option, rafter procure for die Pumhuer the right to continue using said egtop. m pans, replace to same wit mfo mtially equal but noninlHnging rquipment, or modify it so it becomes noninMnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankcpt make an assignment for the bcreN of creditors, appoint a robviven or mute, for any of the Sellers property or business, this order may forthwith be canceled by to Pmchutt without liability. 16. GOVERNING LAW. The definitions crumbs used or the i reapportion ofthe agreemem and to rights of all panics hereunder shall be construed under and govemed by the laws of the Slate of Colorado, USA. The following Additional Conditions apply only in foreasts wlme the Seller is to per( work hereon, including the services of Sellers Reperentativr(s), o to premises of offers. ❑. SELLERS RESPONSIBILITY. The Seller shall cony on said work at Seller's own risk until the same is fhlly completed nd accepted, and shall, in x of any accident, destruction or injury to the work anNor materials Were Screw final completion and acceptance, complete to work a Sellers own expense and m the satisfaction of the Pmchuer. When matenas and ryuipmenn are famished by others for installation or emetim by the Seller. the Sella shall receive, unload, stare and handle same ar the site and became responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, m his own expense, provide for to payment of wo l nmpensalim, including occupational disease benefits, b its employees employed on or in formation with the work covered by this purchase order, mdor to their dependents in accedance with be laws of the state in which the work is to be doe. The Seller short also carry comprehensive general liability including, but not limited to, communist and automobile public liability insurance with bodily injury and death limits of at least S300,000 For any one person, $500,000 for any one accident and property damage limit per accident of Se00,000. The Seller shall likewise require his contractors. if my, to provide for such compensation and imumMe. Before any of to Sellers or his contractors employees shall do my work upon the premises of others. the Seller shaft famish the Purchur with a cenifcate tar such compensation and imummce have been Frivoled. Such certificates still specify tbe date when such mpensation and insurance have been provided. Such mitificates shall specify the dote when such compensation and insurance expires. The Seller agrees that such compensation and inecounce shall be maintained until after the entire work is completed sad zccepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby sssumrs the entire responsibility and liability for ray nd all damage, lass or injury army kind or metre whomever to persons or pmpeny caused by or funding from the execution ofthe work pmvided for in this purchase order or in connection herewith. The Seller will indemnify and hold hornless the Purchaser and any r all of the Purchasers officers, agents and employees from and against my and all claims, losses, dmagea charges or expenses, whether direct or indirect and whether to persons or pmperry to which the Purchaser may be put Or subject by reason or my azt actin, neglect, omission me &fault on to pm of the Seller, my of his c.mmens , Or ray of the Sellers or excl mbers officers, agents or employee, In asr my .it or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by meson of any act, ration, neglect omission or default of the Seller of any of his contortion or any of its or their officers, weirs or employees as aforesaid, the Seller hereby agrees to assume me defense thereof and to defend the same at the Sellers awn exprrox, to pay any and all costs, charges, attorneys fees and be, expenses, any and all judgmmds but maybe incurred by or obtained against the Purchaser or ray of its or ban officers, agents or employees in such suits or other proceedings, and in fors, judgment out other lam be placed upon of obtained against be property, of the Purchaser, or said parties in Or as a result of such suits or other proceedings, the Seller will at force cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accultub, comply with all laws and regulations with regard to safety including, but without treatment, the Occupation Safety and Health Act Of 1970 and all rules and regulations issued parsnnt teem. Revised WQ01ll