Loading...
HomeMy WebLinkAbout110986 FORT COLLINS WINLECTRIC CO - PURCHASE ORDER - 9145423Fort Collins Date: 09118/2014 PURCHASE ORDER Vendor: 110986 FORT COLLINS WINLECTRIC CO 1616 RIVERSIDE DR P O BOX 271005 FORT COLLINS CO 80527-1005 PO Number Page 9145423 1of3 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: 09/18/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 7006-0020 8' span, mast arm w/bolts 7681 Streetlight Items YARD ARM, MAST, ALUMINUM, 8' SPAN, 3'9" RISE, PER SPEC. NO. 373-105 DATED / / , SERIAL NO. 02 WHATLEY, WDN1559; Note to Shipper: 24 - 48 hour Notification to: Dan Hofeling - 970-221-6389 KV Steve Serna - 970-221-6709 i 7012-7809 70W, post top streetlight 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 120 EA 350.5000 42,060.00 120 EA 531.0000 63,720.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PONumberPage CI'�/ of PURCHASE 5423 2 of 3 ' `ppear F6rt Collinsr n all invoices, pacst king ` �I �7 on all invoices, packing �slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 7681 Streetlight Items BULK STREETLIGHT FIXTURE, HIGH PRESSURE SODIUM, 70W, 120V, ENCLOSED, HIGH POWER FACTOR, WITH PROTECTED STARTER AND P.E. RECEPTACLE, 3" I.D. SLIP FITTER POST TOP MOUNTED, UTILITY TYPE, IES TYPE III, FULL CUTOFF OPTICS HOLOPHANE, PTU070HP12BC3BHP; 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 Terrns and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions. By somate the Cory i f Fort Collars is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaev to insist upon strict Performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smtutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller on the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goads Rejected. GOODS REJECTED due to failure to meet sped locations, either when shipped a, to, ,, defects wf any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be retuned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hernial nor shall any purported am] modification or rescission of this purchase order by the Purchmer prepare as a waiver of my of the terms hoptctoon. GOODS are subject m the City of Too Collies inspection on arnvil. hereof. Final Acceptance. Receipt of the roemhadow. servures or equipment on response Ice this mder can IT in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pact of the City of Fort Collins. Honorer, it is to d understood that FINAL Seller ad the Pmchxttr recognize that in actual remeandic practice, overehmges resulting from antitrust ACCEPTANCELs dependent uponcompletionifall applicable required Pakistan procedures. violations am in fan home by the Purchaser.Thereof ,for good Gana and as consideration for executing this Purchase order, the Seller hereby assigns to the Purchaser any and all Claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., Cot, of Tom Collin, 700 Wood St, Pon Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relining to the particular grads or services otherwise specified on this order. U permission is given To prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase orde, bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Methane manufacturers have distributing points in various pans of the country, shipment is Iffhe Purchaser directs the Seller to coned nonconforming go ing or defective ods by a&,a to be agreed upon by the expected tram the overeat distribution point to destination, and excess freight will be deducted from Invoice when Producer and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from Some, distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall Pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certifczaes and licenses required by all applicable laws, regulations, ordiruncw and roles of the state, atione paliy, temfory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction ova the work of veraski Seller further agrees To hold the City of Far Collins lumbess fiom and against all liability ad lass incurred by them by brown of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization All parties to this contract agree that the representatives ore, in fact. berm Ede nnA possess NII and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the trims and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or ineoryarded hereon by rekirmev Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately try.. cannot make complete shipment Ip anive oa your promised delivery date as noted. Time is ofthe essence. Delivery and performance must he efR ted within the time stated on the purchase order and the documents Turned hereto. No acts of the Purchasers includit, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the went of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this coder elsewhere and holding the Seller liable For damages. However, the Seller shall not be liable for danmges as a result ofdelays due to causes net mawnably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military, aumonfies, governmental priorities, fires, strikes, food, epidemics, wars or riots provided that notice of The conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the went of my such delay, the date of delivery shall be, extended for The period equal To doe rime actwlty for by reason of the delay. 3. WARRANTY, The Seller wacmnts that all goods, articles, materials and work covered by this order will confomr with applicable drawings, spvifir.times. samples ardor other dncriptioo given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrer, to hold the purchaser harmless from any loss, damage at expense which the Purchaser may suffer urn ofthe Sellers branch of warranty. The Seller shall replace, repair make or a neap good, without vest to the by purchaser. o any defects or f my arising within one (pryear or within slab longer Perish of time da may be prescribed by law or re the term of any applicable wananry provided eel the Seller after, me data of ccepfance of she goods famished hereunder (m The See not to e tanree orm a delayed), resulting from imperfect or stimesa wash dare or materialsod famished pa doe Seller. Acceptance or use of goods by the Purchaser shall rat dell y f a waiver ofany claim waled This warmrry. Except o sed by m provided in This purchase order, the Sellers liability hereunder shall emend to all damages pruxcmarely paused by she breach of any of the foregoing wmmnties O MERCH,brasuchlTYORshallinmwent include lossof HALL A lass of war. NO IMPLIED WARRANit' OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal fetes by written change oNer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order . If any such change aReds He amaum due m the time ofperfanmance hereunder, as equitable djuament shall be made. 6.TERMINATIONS. The Purchaser may at any tome by w'rourn change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to my equitable adjustment between the panics as to any work or materials then in progress provided that the Purchmer shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, lot incidental or consequential damages, and Nat m such adjustment be made in favor ofthe Seller with respect o any goods which are the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller ofany of their obli,tiors as m any grads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from The date The change or knounation is oNered. 8. COMPLIANCE WITH LAW. The Seller warrants That all goods sold hereunder shall have been produced sold, delivered and famished in strict compliance with all applicable laws and regWations to which the good are subject. The Seller shall execute and deliver such documents as may be, appeared to effect or evidence compliance. All laws and regulations required In IN, incorporated in agreements of this character are hereby incorporated herein by this reference The Seller agrees to indemnify and hold The Purchaser harmless from all toss and damages suffered by The Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey This order, or any monies due or to become due hereunder without the 'nor writ en mrsom of the outer, party. 10. TITLE. The Seller warrants all, clear ad unprompted fife to me Purchmer for all equipment. tratmals, and items fumgshd in pofortmance of This agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofathers. The Seller shall release the Purchaser mad its contractors of any tier from all liability and claims of any nature resulting from the pcfifotmanco ofsuch work. This release sMll apply even in the event of fault of negligence of the party released and shall extend to the dicecmn, officers and employees ofmeb pang. The Seller's Tr uncmal obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. 'i0k r the Seller is rtquired to axe any design, dev, re, material or process covered by letter, somt, Trademark or copyright, the Seller shall indemnify and save harmless the Purclaar from any and all claims for uffirgement by person of the use of such parented design, device, mmeml or pricers in connection wish the contract, and shall indemnify the Toothsome for any cast, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after me completion of the work. In car said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at in own expense and at its option, either procure for the Purchaser the Tight to continue using said equipment or pans, replace the same with substantially equal but noninfringing equtpntent, or modify it so it bemnncs noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditor, appoint is receiver or trustee for any of the Sellers progeny, or business, This order may forthwith la,canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitiom ofterns used or the interpretation ofthe agreement and the rights Mall parties hereunder shall be construed seder and gpvemed by fine laws of NB State of Colorado, USA. The following Additional Conditions apply only in cans where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in wse of any accident, destruction or injury to The work and/or materials before Sellers final completion and cau epu ntt, complete The work st Sellers own expense and to the satisfaction of she Purchaser. When mmaials and equipment see furnished by offers for installation or eremm by the Seller, dae Seller shall recelve. upload, state ad handle same al The site and become rcspoassible therefor as though such mxtemB and/or Nor,., were being Burnished by the Seller ander the order. IS. INSURANCE. The Seller shall, at his own expense, provide for 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 ,, their dependents in aecordnee with the laws of the state in which the work is to be done. The Seller .hull also curry comprehrnsive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, 5500,000 for any one accident and properly damage limit per accident of S44)0,000. The Seller shall likewise require his contraors, if coy, to provide for such compensation and insurance. Before any of The Sellers or his mmmears employees shall do coy work upon doe premises of others, the Seller shall furnish the Purchaser with a cenofica r Thai such compensation and insurance have been provided Such certificates shall specify the date when such ompmemion and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires_ The Seller agrees that such compensation and insurance skill M maintained until offer the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire me anuffil ity and liabil icy for any and all damage, loss or injury of any kind or nature whosoever to Persons or property caused by or resulting from the execution Tribe 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 me Purchasers officers, agents and employees tram and against any and all claims, losses, damages, charges or expenses, whether direct ob radial and whether To persons or pmpeny to which the Purchaser may be put or subject by reason of my aq action, ncglat. omission or default an The pan of me Seller, any of his arrosion, an any of The Sellers or contractors officers, agents or employees. In bes, any suit or other proceedings shall be bmughr against me Purchaser, or its oRcer., agents or employees at any time on azmant or by reason of any act. action, neglect, omission or default of the Seller of any of his contactors or any of its or Their officers, agents or employees as aforeaad, the Seller hereby agrees to assume the defense Thereof and to defend the same at The Sellers own expense, to pay any and all mss, charges, mtomcys fees and other expenses, any and all judgments that may be incurred by or obtained agaior the Purchaser or any of is or their officers, agents or employees in such sorts or other procedings, and in case judgment or other lien be placed upon or obtained against the property, ofthe Purchaser, or said parties in or as a result ofsuch suits or outer proceedings, me Seller will at once cause The same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, Brutish and imull all gwvda necessary for the prevention of accidents. comply with all laws and regulations with regard to safety including, but without ]Production, The Occupational Safety ad Health Act of 1970 and all roles and e,rdsams issued pursuant thereto. Revised 0IR014