HomeMy WebLinkAbout110986 FORT COLLINS WINLECTRIC CO - PURCHASE ORDER - 9145499Fort of
Date: 09/24/2014
PURCHASE ORDER
Vendor: 110986
FORT COLLINS WINLECTRIC CO
1616 RIVERSIDE DR
P O BOX 271005
FORT COLLINS CO 80527-1005
PO Number Page
9145499 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 09/22/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 5 ea - A363020LP-Mod Hoffman
Quote #0007388
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.00m
1 LOT LS
Total
Pay terms net 30 days
Invoice Address:
6,157.41
157.41
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
I. COMMERCIALDETAILS.
Tare exemptions. By statute the City of Pon Collins is exempt from state and local taws. Our Exemption Number is
98-04502. Fast Excise Tax Exemption Candlish, of Registry 84-6000587 is ex isreml with the Collector of
Inmmal Revenue, Denver, Colorado (Ref. Colorado Revised Saturn 1973. Chapter 39.26, 114 (a).
Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be resumed to you for credit and are not to be rtplace i except upon receipt of wriven
instructions From the City of Fan Collins.
Inspection. GOODS me subject to the City of Fan Collins inspection oa arrival.
Fiat Acceptance. Receipt of the merchandise, scor equipmeol in response 10 this aide, rear result in
authorpu ized payment on the n of the City of Fan Collins However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable "worst inspection procedure.
Freight Terms. Shipments mast be FO9., City of Fan Collins, 700 Wood St, Fort Collins, CO 80522. unless
otherwise specified on this order. If permission is given m prepay Geght and chat, separately, the original freight
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is
expected from the around distribution point 1. deslinntion, and excess freight will be deducted! from Invoice when
shipments ore lade from greater distance.
Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses ar,moud by all
applicable laws, regulations, ordinances and toles of the state, municipality, omtory or political subdivision where
the work is performed, or required by any other duly surrounded public authority having jurisdiction over the work
of vando, Seller fuller ogres 1. hold the City of Fan Collins hicand. from and against all liability and lass
incomM by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authorvation. All panics to this contract agree that the reprexnmtive, are, in fxL honor fide and possess full and
complete minority to bind said panics.
LIMITATION OF TERMS, 9Tis Purchase Order expressly I'murs acceptance to the terms and conditions stored
herein set forth and any supplementary or additional axmLs and conditions annexM hereto or incorporated human by
reference. Any additional or different erms and conditions proposed] by seller are objected to and hereby rejectad.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGEN IimmMimrly if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the assurance. Delivery and performance must be, efcned within the time
stated on the purchase order mat the documents mucked hereo. No acts of the Purchasers including, without
Emulation. acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Flameout shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhtte
and holding the Seller liable for damages. Ifowcv... the Seller shall not be liable for damages is a moth of delays
due to causes not reasonably frsuable which are beyond its reasonable control and without its full ofnegligence,
such acts of God acts of civil or mi filar, authorities, governmental priorities, fires, strikes, Road, epidemics, wars or
riots provided that notice of the conditions ration, such delay is given to the Puchaser within five (5) days of the
time when the Seller first received knowledge mereof. In the scut of any such delay, the date of rich", shall M
extended for she period equal to the time actually lost 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, sample .&a, .,he, descriplaw, given, will be to for the purynses intended, and
performed with hie highest degree of care and competence in turmoil with accepted standard for work of a
similar aware. The Seller agrees to Mid the puuhal contains from any loss, damage or expense which me,
Purchmer may suffer or incur on account of me Sellers breach ofwmrenty. The Seller 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 M prescribed by law or by the terms of any applicable warmnly provided by the Seller after fe data of
acceptance of me good famished hereunder (ccepmmc rot 10 be unmeanably delayed), resulting Item impermal
or defemlve work done or materials famished by the Seller. Acceptance or use of goad by the Purchaser shall no,
tislimte a waiver of any claim under this w'am nty. Except as otherwise provided in this purchase order, the Sellers
(lability ham.Ode, shall extend an all damages praximamly caused by the breach of any of the burger, commones
or gumamecs, but such liability shall in oo sent include loss of profits or lass ofuse. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES INLEGAL TERMS.
The Fortune, may make changes to legal temp by wines change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the town, other than legal terms, including additions to ar delatioa form
the consulates originally ordeal in the aPeciGcadom or drawings, M •cmal or w ulaw change order. If my such
change affects me amount due or the time ofperformmar, hereunder, an available adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by corium change order, terminate this agreement as to any or all pohim- of the
good then not shipped, subject o any equitable adjustment between the parries as to any work or materials then in
progress provided than the Pardsaser shall not be liable for any claims for anticipated profits On the uncmnpleted
portion of the good andtor work, for incidental or comequentlal damages, and that no such adjustment be made m
favor of Be Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve
the purchaser or the Seller ofany oftheir obligations a to any good delivered hereunder.
t. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from me date the change or lenrirmlion is
ordered.
8. COMPLIANCE WH'H LAW.
The Seller warrants tool all good sold hereunder mall have been produced, sold, delivered and Numbed in smut
compliance with all applicable laws aad regulations 10 which the good are sub car. The Seller shall execum and
deliver such documents as may be required to effect err evidence compliance. All laws and regulations required to be
ncomorated in agreements of this character are Mousy incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purel sstt armless fmm all costs and damages sufierM by the Purchaser in a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, nansfcq or convey this order, or any mortis due or in become due hcretuMer without me
prior women consent of me other party.
10. TITLE.
The Seller accounts FOR. clear and unrcstrico d sill, m the Ptuchcr fm all equipment, materials, and items famished
in performance of this agreement, Gee and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of.thers.
11. NONWAIVER.
Failure of de, purchaser to insist upon strict permanence, of the terms and conditions hereof, failure m delay to
examuany rights or crumbles provided herein or by law, failure to promptly notify the Seller in the evcnl of a
breach, e he acceptance efor payment for goods hereunder or approval of the design, shall not release the Seller of
coy of the warranties or obligations of this purchase order and shall not be directed u waiver of any right of me
purchaser to insist upon strict performance hems(., any of its rights or remedies a 10 any such Bonds, regardless
of when shipped, received or weep Od, as to any prior ar subsequent defaull hereunder, nor shall any puryoned
oral modification or rescission of this purchase order by she Purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from anriwst
violations are in fair, bums, by the Puncher. Theretof ce, for goad so. and as consideration for exceeding this
purchase never, the Seller hereby acqueso to the Purchaser any and all claims it may now have or summer
acquired under federal or stoic antitrust laws for such overcharges refuting to the particular goods or services
purclueed or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to coned nonconforming or def etive goods by a date to be agreed upon by the
Purchaser and the Seller, sad the Sella, Neronf e, indicates its inability or unwillingness to comply, the Familiar,
may cause the work 10 be orfomned by the most expeditious means available to it and the Sell,, sMi] pay all
costs associated with such work.
The Seller shall release roe Ford—, and i11 commclors of any tier from all liability and claims of any nature
resulting from the performance airmen work.
This release shall apply even in the event of fault of negligence of the ryttry released and shall extend m 'he
directors, officers and employees ofsuch party.
The Sellers covvecturl obligations, including wall shall not It decmad 1. be radical in any way, became
such work is performed or caused to bo performed by the Purchaser.
14. PATENTS.
Whenever the Seller is nquired 10 use any design, deice, muted.] or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save hamilm fie 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 the Purchaser for any cast, expense or damage which it my be obliged to Pay by mason of such
infringement many time during the Revocation or alter the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goads, is in such sell held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall at its own expense and as its option, either procure for the
Purchaser the light to comimue using aid equipment or pans, replace the same with substantially equal but
rmninGmging equipment, or modify it so it becomes noninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or barround, make an assignment for hie benefit of creditors, appoint a
receiver or num¢e for any of hie Sellers property or business, this order may fonhwim be wnc,IM by the
Purchmer without liability.
16. GOVERNING LAW.
The definitions ofterms restrict the interpretation of the agreement and the rights of all panic hereunder shall be
onssmed under and governed by the laws of the State of Colorado, USA.
The follouing Additional Conditions apply amy in cases where tad Seller is to peril soh hereunder,
including the s—'ices of Sellers Representativ rid, an the premiss of others.
❑. SELLERS RESPONSIBILITY.
The Seller shall wiry on said work at Sellers own risk until the some is fully completed and accepted, and shall
in use of any accident, deswetion or injury to the work anNor materials before Sellers Gal completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
.ad equipment we famished by others far installation Or erection by the Sellea the Salle, shall receive, unload,
store all handle same in me site and become responsible mecfor as though such materials worker equipment
were bring fnmisbed by the Sulker under the order.
18. INSURANCE.
The Sells shall, at his own expense, provide for Use payment of workers compeaatioa including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
torpor to their dependents in accordance with the laws of the state in which the work is to be dune. The Seller
shall also carry comprehensive general liability including, bur net limited to, contractual and automobile public
liability imisoure with bodily injury and death hmin of at lour S300,000. for any m¢ person, S500,000 for any
one accident and property damage limit par accident of S4100,000. The Seller shall likewise require his
contractors. if any, to provide for such compereand in e, Before any of the Sell— or his contractors
employms shall do any work upon the premises of others, the Seller shall burnish the Purcher with a eani scare
that such compensation and insurance have been provided_ Such certificates shall specify Be date when such
compensation and insurance have been provided. Such certificates shall specify me dam when such compensation
told imamate expires. The Seller agree. Nat such compensation and insurance shall be maintained until after the
entire work is completed and zecepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind
or nature whatsoever to Famous or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seder will indemnify and Mid Moral the Purchaser and any
or all of the Powham OUR., ., agents and employees from and against any and all claims, lasses, damages,
charges or expenses, whether direct or indimcl, and whether to prawns ce property,, which the Pumas., any
be put or subject by reason of any act, action, neglM, omission or default on the pan of the Seller, any of his
an,ractors, or any of the Sella or contractors olBem, agents or enployes. In case any suit or other
proceedings shall be brought against the Purchaser, or its Once s, agents or employees at any time on account or
by reason of any act, action, neglecq omission or default of the Seller of any of his contractors or my of its or
their officers, agents or employees a awmand, me Seller hereby agrees to assume the defense thereof and to
defend me same at the Sella own expense, m pay any and all costs, charges, momcys fees and other expenses,
any and all judgments that may be incurred by or obuinM against me Purchaser or my of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien M placed upon or
obtained against me property of the Functional, or said probes in err M a result of such suits or other proceedings,
,he Seller will or our wise the come m M cambial will dimharged by giving bond or omecone. The Seller and
his contractors shall take all safety prosecutions, famish and instill all guard necessary for the prevention of
incidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all talcs arm regulations issuad pursuant thereto.
Revised (Gn014