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HomeMy WebLinkAbout110986 FORT COLLINS WINLECTRIC CO - PURCHASE ORDER - 9145041PO PURCHASE ORDER 9145041 Page C1171 of PURCHASE 9145041 1 °t 2 ' `t CollinsCThisnumber must appear " on all invoices, packing sli s and labels. Date: 09/03/2014 Vendor: 110986 FORT COLLINS WINLECTRIC CO 1616 RIVERSIDE DR P O BOX 271005 FORT COLLINS CO 80527-1005 Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 09/02/2014 Buyer: PAT JOHNSON Note Line Description Quantity UOM Unit Price Extended Ordered Price 6535-1075 40 CL 320.0000 12,800.00 2" Flex poly conduit / 500' cl 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@fogov.00m $1 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 state, the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-04502.Federal Excise Tax Exemption Certifies. of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statham 1973, Chapter 39-26, 114 (aL Goods Rejected, GOODS REJECTED due to failure in meet specifications, either when shipped or due to def Is of damage in L➢mil, may be terminal to you fie credit and are not to be replaced except upon racipt of wuinen instructions from the City afraid Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent .,it completion of all applicable required impaction praedures_ Freight Tema. Shipments must be F.O.B., City of Fan Collins, Too Woad St, Fort Collins, CO 80522, unless otherwise specified on obis order. Ifpamisomm is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. \Mere nanufacturers have distributing points in riots pans of the country, shipment is firm expected the rearm distribution point to distinction. and excess freight will M deducted Wm Invoice when shipments art made from grema dishance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, relprImmns, ordinances and rules of the state, mu maralov, heritory or political subdivision where the work is perrummd. or required by any other duly constituted public authority having jurisdiction over the work of vendor. Scllcr fanner agrees m hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such Laws, regulation, ordinances, rates vat rryairements. Auforvation. All parties to this contract agree that the mrsmsenhafie. am, in fail. bera fide and possess full and complete authority in bind said panic. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the term and conditions stated herein in bards and any sa mmusamrry ,, immornal know .rod conditions annexed hereto or mashFuctal herein by reference. Any additional or different terms and coodures proposed by seller are objected to and hereby rejected. 2 DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately tryout carmot make complete shipment m arrive on your promised delivery date m noted. Time is of the essence. Delivery and performance mml be elf red within the time stated on the nnrchuse order and the documents attached hereto. No ocis of the Purehmers including, without limiation, awcpfnnce of partial late deliveries, shall operate as a waiver of this provision. In the event crony delay, the Purchaser shall save, in addition to other legal and equitable remedies, the option of placing this order claowhere and holding fee Seller liable for dama,es. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonbty foreseeable which me beyond its reasonable control and without is Paull Mnegligence, such acts of GW. watt of civil or military authorities, governmental priorities, fires, strika> flood, epidemics, wars or nos provided that active of she condition causing such delay is given m the Purchaser within five (5) days of the time when fie Seller first received knowledge thereof. In the event artery such delay, the date of delivery shall be extended for the period equal to the time actually last by ¢anon fife delay. 3. WARRANTY. The Sella warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specification, samples upper other descriptions given, will be N for the purposes intended, and Performed with the highest degree of cam and competence io-acoNance with accepted standards for won of a similar nature. The Sella agrees to hold the purchaser harmless focus any lass, damage or expersu which the Purchaser may Buff or incur on account of fie Sellers breach of svamaaty. The Sella shall replace, repair or make gaud, without cost to the purcluser, any defects or faults arising within one (1) year or within such longer penal of time as may be prescribed by law or by the temu ofany applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder marrionna not fo be unreasonably d0nyed), .,auto, from imperfect or defective work done or materials famished by the Seller. Acceptance or me of good by the Farchaer shall not constitute a waiver crony claim under this womnry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proaimmty crossed by fie breach of any of Be f going wa turns or guaantms• be such liability mail in no went include loss ofproths 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 lemma by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchmer may make any changes to the corms, other than legal terms, including addition 10 or deletion from fie (Fiverninel onginally ordered in the facificausaw or drawings, by vernal or wine. change order. If any such change aRects the omount due or fie time ofpcdormmoce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change oM.r. terminate this agreement a, 1. any or all panifns of fie goad then not shipped, subject 1. any equitable adjustment between the panic, as to any work or materials then in pmgresx provided that the Purchmer shall net be liable for any claims for anticipated profits on the uncompleted portion ofthe good andfor work, for incidental or consequential damages, and that but such adjustment be made th favor of fie Sella with respect to any good which art the Sellers sharedail stack. No such harem acirn shall relieve the Purchaser or the Sellerof any oftheir obligation us to any goods delivered he curall T CLAIMS FOR ADJUSTMENT. Any charm for adjustment met be asserted within durry (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella enamors Dal all goods sold horeunda shall have bean produced, said, delivered and famished in it compliance with all applicable laws and regulation to which the goods are subject. The Sella shall execute and deliver such documents as, may be required to effect or evidence compliance. All laws and regulations captured to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchmer as a resort of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, venter, or convey this order, or any mania due or to become due hereunder without the prior written common offs, other parry. 10. TITLE. The Seller wants full, clear and unrestricted title to the Purchmer for all equipment, mmenak, and items famished n performance of this agreement, free and clear of any and all lien, restrictiore, onervariom, security interest encumbrances and claims of others. 11. NON WAIVER. Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay at exacise, any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, fee acceptance for payment for good hereunder or approval riche design, shall not release the Sella of any of the wrmaaries or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser m insist upon strict performance hereof or any of its rights or families as to any such goods, regardless of when shipped, received or accepted, as to any prior or srbaequenr default hereunder, nor shall any purported and codification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser raognize that in actual a c practice, overcharges resulting from anniamt violations art in fact home by the Provinces. Theremfere afar good was and as consideration for executing this purchase order, the Sella hereby xssigm m the Purchaser any and all claims it may now have or hereafter acquired under f v rel or that, national laws fro such o,echarg. relating to the Particular goods or seven. purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifche Practicer direcs the Seller to careen nonconforming or defective gaud by a dam to be agreed upon by the Purchaser and the Sella, and fe Seller thereafter indicates its inability or unwillingness to comply, fine Purchoer may cave fie work 10 be performed by fie met experiments mean available to it, and the Seller shall pay all cosh, m5acialed with such work. The Seller shall release the Purchaser and its contractors of any tier from AI liability and claims of any nacre resulting from the performance ofsuch work. This release shall apply even in the event of full of negligence of the Prey released and shall extend 1r the directors, officers and employee, ofsuch party. The Sellers contractual obligations. including warranty, shall rest be deemed to be Induced, in any way, beraum such work is performed or caused to be performed by the Purebmer. 14. PATENTS. Whenever the Seller is rammed to use any design, device, material or process covered by letter, pamnq trademark or copyright, the Seller shall indemnify and save handless the Purchaser favor any and all claims for numismatic by reason of the use of such palemed design, device, material an process in connection with the comma, and shall indemnify the Purchmer for any cost, expeme or damage which it may be obliged to pay by reason ofsuch infTingemem at any time during the precaution or after Be completion of the work. In ease acid attainment, or any pan thereof or the amended two of the Saudi, is in such soil held in comfier, inGngemem and fie me of said equipment or pan is enjoined, the Seller shall, a1 its own xionse and a1 its option, either procure for the Purchaser the right to continue min, said equipmenn or pans, render, the same with subsmmially arud bar ammo ringing equipment, to mWiry it so if becomes noninfringm,. 15. INSOLVENCY. If the Seller sholl become insolvent m beardrup . make an assigmhmm for fie benefit of erefmes, appolm a or amme fro any of the Sellers prvpeny or bus., this under may foMwith be canceled by fe Paratrooper without liability. 16. GOVERNING LAW. The definition oftems used or the interrelation of the agreement and the rights ofall parties hereunder shall be composed fender and sustained by she laws ofthe Stale of Colorado. USA, The following Additional Conditions apply only in cases where the Seller is W perform won hereunder, including fe sa ices of Sellers Repeaca move(,), M fie premises of.Oars. .. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sella's own risk mail the come Is fully completed and accepted, and shall, I. case of my accident, destruction or injury In the work ardor materials before Sellers fitel completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the pumhasee When materials and equipment are famished by others for installation or erection by the Seller fie Sella shall receive, wload, some and handle same at the site and become rnpernsible therefor as though such materials and/or equipment were being famished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide fur, the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the stale in which the work is to be done. The Seller ideal also carry comprehemise general liability including, but not limited to, conreactual and automobile public liability insurance with bWily inlury hand death limits of or least S3 W.oW for any com pawn, S50),000 for any onaccident and property damage hour Per accident of S400,000. The Seller shall likewise require his con tracton, if any. to provide for sane compemation and insurance. Before any ofthe Sorer or his contractors employees shall do any work upon the premises Machines, the Sella shall famish the Purchaser with a cenifcute that such compensation and insurance have been provided. Such c,nifmams shall specify the date when such ompetuotiun and insurance have ban provided. Such certificates shall marry the date when such compensation and insurance expires. The Seller agrees deal such compensation and insurance shall be maintained until after the entire work is completed and expect 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby msuma the entire responsibility and liability for any and all damagq loss or injury of any kind or nature whosoever to persons or property earned by or resulting from the execution of fie work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers. agents and employees from and against any and all claim, losses, damages, charges or expemes, whether direct or indirect, and whether to person or property to which the Purchaser may b, put or subject by reason of any act, action, neglect omission or default on the pan ofthe Sella, any of his contractors, or any of the Sellers or contractors officers, agents or employes. In case any suit or other ,.am,, shall be brought against the Proodo er, or its oMO.. agents or employees at any time on wammmt or by mason of any at action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agens m employees as aforesaid, the Sella hereby agrees no assume the defense thereof and to dd'end the sane at the Sellers awn expose, to pay any and all costs, charges, atmmeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchma or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against fie property of the Purchaser, or said parties th or as a result of such suits or other proceedings, fe Sella will at oke wane the am,. be, diswlved and discharged by giving bond or othetwi c. The Sella and his cont2tlos, shall take all safety precaution, famish and moll all guards naaasary for the prevention of accident, comply with all laws and regulation with regard to safer) including, but without limitation, the Occupational Safety and (health Act of 1970 and all rates and regulation issued pursuant therein. Revised 0712014