Loading...
HomeMy WebLinkAbout110986 FORT COLLINS WINLECTRIC CO - PURCHASE ORDER - 9144659Fort Collins Date: 08/12/2014 PURCHASE ORDER Vendor: 110986 FORT COLLINS WINLECTRIC CO 1616 RIVERSIDE DR P O BOX 271005 FORT COLLINS CO 80527-1005 PO Number Page 9144659 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: 08/11/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price UG street light cable. 2412 20000 FT .3600 7,200.00 75031002 75031002 FRONT CABLE, UNDERGROUND, 600V, COPPER STREETLIGHTING 2412 SOLID OF-B (NO GND WIRE) INDIVIDUAL CONDUCTORS SHALL BE ANNEALED COPPER, PVC JACKETED AND COLOR CODED FOR IDENTIFICATION THE OVERALL CABLE SHALL BE JACKETED WITH SUNLIGHT, MOISTURE AND FUNGUS .. RESISTANT GREY PVC. CABLE SHALL MEET OR EXCEED UL STDS. 83 & 493, FEDERAL SPEC. J-C-30B AND REQUIREMENTS OF THE NEC. _ SHIP ON N/R REELS, 1000 FT./REEL 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 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 i. COMMERCIAL DETAILS. i'as do,fsces. By statute the City of Fort Collins is exempt from state and local rases. Our Exemption Number is 98-04502. replant Iacue Tax Exemption Certificate of Registry 84-6000587 is agistncd with the Collector of Imemal Revenue, Drover, Colorado (Ref. Colorado Revised Stamps, 1973, Chapter 39-26. 114 (M. Good Related. GOODS REJECTED due f failure to meet specifications, either when shipped or due is defect of damage in tmmit, may be mumed o you for credit and are Out to M replaced except upon receipt of written moronism fmm she City of Fort Collins. Inspection. GOODS art subj«no the City of Fort Collins impernon on arrival. Fired Acceptance. Receipt of Be merchandise, varied or equipment in response to this order can remit in authorized payment on the pan of the City of Fort Collins. However, it is to be udmlood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedure. Freight Terms. Shipments mull be F'.O.D., City of Fon Collins, 900 Wood St, [:an Collins, CO 80522. unless otherwise specified ran this aide,, If pemaiesion is given to prepay freight and charge separately, the original freight bill must acrompna, invoice. Additional charges for packing will at be accepted. Shipment Dismera. Where manuftemrers have distributing points in various pans of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be deducted From Involve when shiptnent are made tram greater distance. Pernils. Seller shall pmeal sellers sale cast all n uifi vary permits, cecaes and licences arciied by all applicable laws, regulations ordinances and rules of the state, municipality, territory or political subalivision where the work is performed, or required by any other duly cur vimted public authority hadogy ridictiun over the work of andar, Seller buffer agrees to hold the City of Fuu Collins harmless from and against all liability and lass incurred by them by reason of an asserted or doll shed violation of any such laws, regulations, mi irmads, rules and requirements. Authorisation. All parties to this contract agree that the representatives are, in fact, bona fide and po e ss full and m n,leau authority to bind said panics. LIMITATION OP TERMS. This Purchase Order expressly limits acceptance to the terms and conditions amid herein set forth and any supplementary or additional men and conditions annexed Mee or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURC14ASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as ruled Time is of Ns, essence. Delivery and performance must be effected within the time staid m the purchase order and the documents attached had. No act of the Perchers including, without limitation, acceptance orpanial late Jdivena, shall operate as a waiver of this provision. In the evens crony delay, the Purchase, shall have, in addition It safer legal and equitable remedies, the option of placing this order elaewhem and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without is, fault ofnegligence, such act of God, act.fcivil or military ..,bodies, govemmenml priorities, fires, stakes. Boat epidemics, wars or noes provided that notice of the conditions caning such delay is given to the Purchaser within 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 redid .at m the time Wholly lost by reason ofthe delay. I. WARRANTY. The Seller warrants that ell goods, articles, materials and work covered by this offer will conform with applicable drawings, sodiBendons, complex an&., other descriptions given, will od fit for the purposes intended, and recommit with the highest degree of care and competence in accordance with accepted standards for work of a P'milar nature. The Sena agrees to hold the purchaser harmless from any mat, damage or expewe which the urchaser may suffer or incur on account of the Sellers breach of wamnry. The Sell,, shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be Fomented by law or by the terms of any applicable warmnry provided by the Seller after the date of acceptance of the goad fumishd hereunder (acceptance not to be mandsomably delayed), resulting from anarchist or defective work done or materials furnished by the Seller. Acceptance err use of goods by the Purchase, shall not Omtitme a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers Liability hereunder stall extend to all damages proximately Gamed by the breach of any of the foregoing wananries or guarantees, but such liability shall in no eyed include lass ofprofit or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchase, nay mvke changes to legal leans by wainen change order. 5. CHANGES IN COMMERCIAL TERMS. The pu¢hasa way, make any clempm Ira the men, offer than legal terms, including addiliom t. or deletions farm the quantities originally ordered in the specifications or drawings, by vedul or women change oNtt. If any such change affect the amount due or the time ofpafaamance hereunder, an equitable adjnetanent shall be dude. 6. TERMINATIONS. The Purchases nay at any time by w reem an change cold, terminate this agent as to any o w all porrioof the goods lien no, shipped, subject a any egtould, adjustment between the pones as to any work or materials then in progms provided that the Purchaser shall not be liable for any claims for anticipated prafts oa the unemnpled portion Orlin, goods undid work, for incidental or cowequential damages, and that no such adjushnenl be made in favor of the Seller with respect to any 6.ad% which are she Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any ofthar obligations as to any good delivered hereunder. V. CLAIMS FOR ADJUS I'MEN I. Any claim for udjmunat mot be asserted within thirty (30) days fmm the date the change ar L maination is ordered. S. COMPLIANCE WITH LAW. The Seller warran s that all gaud sold hereunder shall have been produced, sold, delivered and fumishd in strict compliance with all applicable laws and monsoons It which the good are subject. The Seller shall <xrems and deliver such document as may be required to effect or evidence remittance. AIL laws ad regulations required to be ncmparmsed in agreements of this character arc hereby ind"re d herein by this reference. The Seller agrees to indemnify and hold the Fracture, hamaleas from all cost and damages sutfesed by the Purchaser w a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign. Restrict, or convey this orhr, or any murder due or a becorrte due hereuder without the pnor waiuen armed of Be .,her party. 10. TITLE. The Sella warrants full, clear and moderated title to the Purchaser for all equipment, materials, ad items fumishd in performance of this inamera t, free and clear of any and all lima restrictions, resmadom, security burned emprobarri and claims i folhers. I I. NONWARTR_ Failure of the PurcM1acer to insist upon saner peafomance of the term and conditions headef, failure or delay to any rights or remedi es provided herein or by law, failure a promptly notify the Seller in the event of a breatch, the acceptance ofor payment for goods bemunda or approval ofthe design, shall nor release the Seller of any of the warranties or obligations of Nis purchase order and shall not be deemed a walva of any right of the purchaser a irnist upon slut performance hereof., any of it rights or remedies as to any such goods, aegadled of when shipped, received or xcer ed, ass. any pnor or subsequent ddaul, hereunder, nor shall any purported oral modifcution or rescission of this purchase order by Ns, purchaser models, as a waiver of any of the term, hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purcosa recognize that in actual economic practice, o erchagresulting from antitrust violations an in fact home by the Purchaser. Theretoforefor es good cause and m consideration for estimating this purchase aide, the Seller hereby meigm to the Purchaser arty and all claims it may raw have or hereafter acquired wader federal or state anl{INst laws for such martial relating to the particular good or services purchased or acquired by the Percher pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Producer directs the Seller 1. coma mancunforming or tkf2dive good by a date to Ix ,ad upon by be Purchaser and the Seller, and the Seller thereafter indicates it inability or mawill ingress to comply, the purchaser may rouse the work Ira be perfomd by the most expeditions meow available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance crutch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such parry. The Sellers contmcuml obligations, including warranty, shall not be domed to be reJucd, in any way, because such work is performed or caused to b , p ,formed by the Purchaser. 14. PATENTS. Whenever the Seller is required mace any design, device, extend or process coverts by later, patent, trademark or copyright, the Seller shall indemnify and rave hamdew the Prichtt from any cost all claims far inGngement by reason of she use of such pr mated deign, devim material or process in connection with the contract, ad shall indemnify the Pumhmer for any cot, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In ease said dam mem. or any pan thereof or the intended me of the goad, is in such suit held to complain infringement and the me of said equipment or pm is around, the Seller shall, at its own expense add al its oplior, eiNa pmcme for the Purchaser the right to continue ming said equipment or pans, replace the same with substantially causal but noninRinging equipment, or mdify it so it becomes noninrringing. 15. INSOLVENCY. If the Seller shall became imadvenl or bankrupt, ma, an wsigmncnt far the benefit of credimrs, appoint a receiver or vustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser wishwr liability. 16. GOVERNING LAW. The definitions of terms need or foe imarpremtiun of the agreement and the rights of all panim hereunder shall be rumored under and govemd by the laws of In, Slate of Coincide, USA. The following Additional Conditions apply only in where the Sella is topeorrfm work hereunder, including the services MSellers Reprexrtwid,D), oa thecases premixes traders. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same is fully completed and accepted, ad shall, in case of any accident, destmcuon an injury to the work andur nuterifls before Sellers final completion and acceptance, mmplete the wok at Sellers own expense add to the satisfaction of the Purcbaea. When materials and equipment are famished by other fa immllmion or erection by the Seller, the Seller shall m ive, unload, store and handle same at the site and become mm onsible thcrtfon m though such mnlerials andlor equipment were being fumthd by me Seller under the odea. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, raduding occupational disease benefit. In it employees employed on or in connection with the wok covered by this purchue order, andimr to that dep ndmts in accordance with the laws of the slate in which the wok tv to be done. The Seller shall aim cony comprehensive gmeml liability including. but not limited Iq corumcuml and automobile public liability iwurence wi h bodily injury and death limits I' m least S300,00o for way one person. SSIJg000 for any One accident and property damage limit per accident of 8400,00). The Seller shall likewise rcluire his reparsomps, Harry, an provide far each compensation and insurance. Before any of de Sellers or his democrats employees shall do any wok upon Ns, premises ofothers, the Seller shall famish the Purehwer, with a certificale that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller ogees that such compensation and imumnce shall be nuriaained until and the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respowibiloy and liability for any and al I damage, loss or injury of any kind or re whatsoever to persons or property caused by or resulting from the execution ofrhe work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchmers officers, agents and employees fmm and against any and all claims, losses, damage, charger or expenses, whether direct or indirect, and whether to pvasom or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella,, any of his ,,onion ors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other promdings shall be brought against the Purchaser, or its officers, agent 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 ar their officers, agent or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any ad all dean, charges, annmeys fees and other expenses, ony and all judgment that may be incurred by or maraud against the Forehand or any of its or that oRcers, agent or ampiroms N such suits or other proceedings. and in cure judgment or other lied be placed upon or .brained against the property of foe Purchaser, ar said panim in or as is result ofsuch suit or other procedin p. she Seller will at once crux, Be, same to be dissolved and dimhargd by giving bond or otherwise. The Sella and his contractors shall take all sudy prtemtions, famish and tumll all guard necessary for the prevention of accident, comply with all laws and regulations with regard to safety including, but wishout limimdon, the Complicated Safety ad Health Ad of 1920 and all rules and regulations issued pursuant Nerero. Revised (Ur014