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HomeMy WebLinkAbout110986 FORT COLLINS WINLECTRIC CO - PURCHASE ORDER - 9144886Fort Collins Date: 08/26/2014 PURCHASE ORDER Vendor: 110986 FORT COLLINS WINLECTRIC CO 1616 RIVERSIDE DR P O BOX 271005 FORT COLLINS CO 80527-1005 PO Number Page 9144886 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: 08/22/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price t 6771-7658 600 EA 4.9000 2,940.00 #241/0 cold shrink seal 07C2 SEAL, COLD SHRINK, 0.40" 0.82" DIAMETER RANGE, FOR USE ON #2 #1/0 AWG SECONDARY SPLICE CONNECTIONS 2 6771-7660 #2/0-#4/0 cold shrink seal 07C2 •11 SEAL, COLD SHRINK, 0.55" - 1.18" DIAMETER RANGE, FOR USE ON #210 - #410 AWG SECONDARY SPLICE CONNECTIONS 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 EA 6.8100 6,129.00 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. IL NON WAIVER. Tax exemptions. By statute the City of pod Collins is exempt form state and local taxes. Our Exemption Number is Failure of the Purchaser m incest a trim f f the corms and conditions Hereof, failure or delay m 98-04502. Federal Excise Tor Exemption Cenifiew, of Registry 84-600058] is registered with the Collector of upon s Performance o y normal Revenue, Racer, Colorado (Ref. Colorado Revised Smtmes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided sect®r or by law, failure to promptly notify the Seller in the event of a breach, the receptana of w Raymond far goods hereuWer or apprmal efthe design, shall sot release the Seller of Good Rejected. GOODS REJECTED due to failure m men specifications, eider when shipped or due to defects of any of the warranties or obligations of this purchase order aW shad! not be counsel a waiver of any right or the damage in comail, may be, retuned to you far credit and art not in be replaced except upon receipt of wdnat purchase, to insist upon strict performance laro for my of its rights or coedits as Ip any such good, regardless commoners from the City ofFod Collins. of when shipped, received or accepted, as to any prior at subsequent default horewder, nor shall any purported oral modification or rescission of this purchase order by the Purchaon operate as a waiver of any of the terms Inspection. GOODS ore subject to the City of Font Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in magnate to this order can mull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mllumend payment on the pm of the City of Port Collins. However, it is to be understood that FINAL Seller and the forebear recognis that m actual economic practice, overcharges matting from antitrust ACCEPTANCE is dependent upon completion are][ applicable required inspection pracedur, violations are in fact bnme by the Purchaser. Thereefore, for good came and as consideration for extending this pumhaze order, the Seller hereby reanne to the Purchaser my and all claims it may now, have or hereafter Freight Terror. Shipments most be F.OD., City of Fort Collins, IN Woad SL, Too Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. More manufacturers have distributing paints in ry, us pads of the countshipment is expected from the nearest distribution point to destination, and excess freight will be dMncted from Invoice when shipments are made form greater distance. Permits. Seller shall procure at sellers sole cost all ncuesmry permits, certificates aud he. reclaimed by all applicable laws, regulations, ordinance vad roles of the state, municipality, reritory a political subdivision where flat work is performed, or required by any other duly constituted public authority having junsdichun over the work of vendor. Seller further agrees to held the City of Fart Collins harmless form and npimr all liability and loss zedtired by them by reason of of an asserted or established violation of my such laws, regulations, ordinances, roles requirements. Aummdmtion. All podia to this contract agree that the mpmacnatives are, in fact, bona fide and possess full and complete narrowly m bind said podia. LIMITATION OF TERMS. This Purchase Order expressly limits meeplmce to the leans and conditions sated herein set to d, and any supplementary or additional terms and conditions annexed bacto or incorporated herein by reference. Any addilional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannon make complete shipment to amve oa your promised delivery date as noted. Time u of the essence. Delivery and performance, must be effected within the time sorted on the purchase order and the documents matched herem. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis Provision. In the event crony delay, Ne Purchaser shall have, in addition to other legal and equitable remedies, me option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shot[ not be liable fir damages a a mull of delays due a causes nut reasonobly foreseeable which are beyond its reasonable control and without its fault of negligence, such area of G W, acts of civil or military antho unties, governmental priondes, fins, strikes, flood, epidemics, wars ar hots provided that notice of the conditions causing such delay is given to the Purchaser within fire (5) dap of the time what the Sella four received knowledge mereof. In de event of my such delay, the date of ddicM shall be exteodd for me periW equal to the time morally lost by mism, of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, spedfimtions, samples and/or other daminums given, will ha fit for the purposes intended, and penfrmed with the highest degree of care and competence in accordance with accepted standards for work of a imilar nature.Fire . e Seller agrees to hold fire purchaser harmless from any lass, damage or expense which the Purchaser may mffa an incur on meoal of me Sellers breach of warmly. The Seller shag replace, repair or make good, without cast o the purchaver, any defects or Ends easing within one (1) you or widen such longer ptiod of fine as may be pracabW by law in by the terms of my applicable warranty provided by de Sella after the date of war mce of the good famishd hereunder (merytmce not to be, unreasonably delayed), mulling from imperma or defective work done or materials famished by me Seller. Acceptance or we of goods by the Purchaser shall not mvtimte a waiver of any claim under this warranty. Except as otherwise provided in this purchase will the Sellers liability hereunder shall extend to all damages proximately caused by Ne breach of any of the foregoing var an es or guarantees, but such liability shall in no event include loss ofprofits 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 or legal comes by women change order. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the terms, other than legal terms, includingadditions no or ddetions from the quantities originally ordered in he a orcifcalion. or drawings, by verbal m written change order. If any such change ofiem the amount due or the time of performance himanda, an equitable adjustment shall b, made. 6. TERMINATIONS The Purchaser may in my time by written change call terminate this agrtmmnt as m my or all portimti of the goods then not shipped, subject to any equitable adjustment baween Ne parties As to any work or materials than in progress provided that the Purchaser shall not be liable for my claims for anticipated pmfts on the encountered portion of the goods amour work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchur or the Seller of my oftheir obligations as to any gaol delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for Wjmamt most be assered within thirty (30) days from the date the change or tmmiretion is ordered 8. COMPLIANCE WITH LAW. The Seller warrants Nat all good sold hereunder shall have ban produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods am subject. The Sella shall execute and deliver such documents as may Ee required to effect or evidence compliance. All laws aW regulations requiedd to be incorporated in agreements of this character am hereby incorporated herein by this o ferarce. The Sella ogres m indemnify and hold the Northerner harmless From all costs and damages suffered by the Parchaser as a mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pony shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the poor wrinen consent ofine other party. IO. FULL. The Seller warm¢ full, clear and awatrimed fide a me Purehssa far all equipranL materials, and items famished in perfomama of this agreement, free ab clear of my and all liens, resoictime, nervations, security intent mcumbmmea and claims craniums. acquired under federal m were antitrust laws for such overcharges relating to the Particular goods or services purchased err acquired by the purchaser pursuant to his purchase will 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Product directs the Seller m cored eta monforming or defective good by a data m be agreed upon by the Purchaser and the Seller, and the Seller dam aim indicates its imbiley or unwillingness to comply, the Purchaser may cause, the work to be performed by me most expeditions roans available to it, and the Seller shall pay all corm associated with such work. The Sella shall review, the Purchaser and its contractors of any tier form all liability and claims of any ramre malting from the pefo acres a of such work. This release shall apply even in the went of fault of negligence of the party released and shall extend m the directors, officers and employees nfauch party. The Sellers cantramal obligations, including warranty, shall at be deemed to M rtdviced us any way, bears, such work is pafnn ted or mused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, cornetist or process covered by loner, parent, trademark Or copyright, the Seiler shall indemnify and save harmless the 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 shall indemnify me purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement m any rate during the prosecution or rifts the completion of the work. In case said equiprmnt or my part thereof or the prenatal use of the good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Sella shall, an its owns expense and at its option, either procure for the Purchaser the right to continue using said equipment or Jesus, replace the same with sulicapoally egml but naninhinging equipment, or modify it se, it becomes noninf longing. 15. INSOLVENCY. If the Seller shall became insolvent or baNtmpt, make an aew,wa ent for the benefit of creditors, appoint a Or Ensure far any of the Sellers property or business, mNs mrder may foMw lh b, carom eci by me Pndcbasa widwer liability. 16. GOVERNING LAW. The definitions oflerms rased or the interyrelation of the agreement and the rights of all parties hereunder shall be construed under vad governed by the laws ofine State of Cc urado, USA. The fallowing Additional Conditions apply only in taus where the Seller is a perform work herecunder, Including the services of Sellers Repmsentative(s), on the prmrius of orders. 17. SELLERS RESPONSIBILITY. The Sella shall tarry an said work at Sellers own risk until me some is fully completed and accepted, and shag, in e of any accident, destruction or injury to the work anchor materials before Sellers final completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials and equipment are perished by others for installation or erection by the Seller the Seller shall receive, unload, were and handle same al the site and become responsible mention as though such materials aaVor aquipmmt were being famished by me Seller under the order. .. I& INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers comp rroodo a mdming accuWfional disease benefies, to its employees employed a or in connection with the work covered by this purchase order, and/or to their dependenrre in accordance with the laws of the sure in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at lam, S30 min I6r any one person E5W.1. far my one wridentand property damage limit per accident of $400,000. The Seller shall likewise require bis ontmctoa, if my, in provide for such compensation wall insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of others, NeSeller slail famish the Pumbaser with a anifmte Fort such compensation am insurance have been provided. Such cerdfcates shall specify the date when such compensation and insurance have been provided. Such cerrfcata shall specify the date what such compensation and insurance expire. The Seller agrees that such compensation and insarma shall be maintained until after me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability far my and all damage, loss or injury of any kind on nature whatsoever to persons or property caused by or resulting From d, execution ofthe work provided for in this purchase order or in correction herewith. The Sella will indemnify and hold hmmleu me Pmclaaa aW my r all of the Purchasers officers, agents and employees from and 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 he pm or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any into or other proceedings shall be brought against the Purchase, 0, its officers, agents or employees at my time on normal or by Oman of any cot, action, neglect, omission or default of the Seller of my of his contractors or any of its or their oRcers, new or employees as aforesaid, the Seller hereby agrees to assume the defense deem( aud to defend the norm an the Sellers own expense, an pay, my and all casts, charges, attorneys fees and mha apemen, any and all judgments slat may be incurred by or trimmed against the Purchaser or any of its or Rev .hirers, 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 the Purchaser, or said parries in or as a mull of such suits or other proceedings, me Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall rake all safety pacmtions, fumish and install all guards necessary for the prevention of accidents, amply wins all laws and regulations with regard to safety includin& but without Inclusion, the Ocmopatioal Safety and Health Act of 1970 and all cola and regulations issued prear ttharee. Revised 07n(l