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HomeMy WebLinkAbout110986 FORT COLLINS WINLECTRIC CO - PURCHASE ORDER - 9145596PO PURCHASE ORDER 914559er Page CI�/ of PURCHASE 45596 t of z Flirt Collins( his number must appear /�„!I\V`I ` V " �7 on all invoices, packing �sllps and labels. Date: 09/26/2014 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: 09/25/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price t 6550-8842 300 EA 37.5000 11,250.00 14" x 9.5' sm secondary box 03AA VAULT, SECONDARY SPLICE BOX, 12" X 17" OUTSIDE DIMENSIONS, 14" X 9 1/2" OPENING X 12" MIN. HEIGHT, WITH ONE STAINLESS STEEL OR CAD. PLATED 3/8" WITH A 7/8" SOCKET, STANDARD GREY COLOR OLDCASTLE, 1419-12-4+LRGEPNTA; 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 X 2 1/4" PENTAHEAD HOLD-DOWN BOLT FOR USE 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. COMMERCIALDETAILS. Tax exemptions, By statute the City of Fan Collins is exempt from stale and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificam of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to imist upon inner performance of the terns and conditions heca G failure or delay m internal Revenue Denver, Colorado Bier. Colorado Revised Smmtw 1973, Chapter 39 26. 114 (ar exercise any rights or remedies provided herein or by law, failure to Promptly notify the Sella in the went of a breach, the acceptance of or payment for goads hereunder or approval ofNe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due 1. failure to meet specifications, either when shipped or due m defects of any of the ..—an. or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not m be replaced except upon receipt ul' written purchaser to insist upon strict performance hereefor any of its lights or remedies as to any such goods, regardless insW<tions from the City of Too Collins. of when shipped, received or accepted, as to any prior or subsequent desalt hereunder, nor shall any purported oml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Impeetion. GOODS are subject o the City of Fort Collins iuspeclim oa mnvol. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in resppere to this order ran result in 13. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of hie City of Fan Collins. However, it is to W understood thatFINAL Seller and the Purchaser rmarnve that in actual economic practice, overcharges resulting fmm adopted ACCEPTANCE is dependent upon completion of all applicable required im anion procedures. violatims are in fact home by the Purchaser. Theretofore. for good cause and as crrsidemtion for executing this purchase on a the Seller hereby asigts to the Purchaser any and all claims it may now have or hereafter Freight Terns. Shipment must be F.O.D., City of Fair Collins, 7W Wood St, Pon Collins, CO 80533, unless otherwise specified oa this order. if,counwion is given to prepay freight and charge separately, the original freight bill must accompauy invoice. Additional charges for packing will not be accepted. Shipment Distance, Where manufnomme. has, chumbrong tyrants in amen. pans of the country, ahiprocat is expected from The nearest disuibrtion point to destination, and excess freight will be deducted from Invoice when shipments are made fmm greater distance. Permits. Sella shall procure at sellers sole cost all necessary impact, certificates and licases required by all applicable laws, regulations, indicators and roles of the stale, municipality, writory or political subdivision where the work is Performed, or required by any other duly mnstimted public authonty having jundiaical ova the work of vendor. Seller further agrees to hold the City of ran Collins harmless firms and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, endurances, Miles and rwuiremmts. Authrdrmmn. All ponies to this conmul agree that the represcratu ves arc, in fact, bona file and posse. fall send airlete authority 1. bind said panics. LINE I'I'ATION OF PERMS. 'Ihis Purchase Order expressly limns acceptance to the tears and conditions stated herein set fired and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any Winona] or diRcoad terms and eanditions proposed by seller are objected to and hereby rejected. 1. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as tatted. Time is of the essence. Delivery and performance mast be effected within the time stated on be purchase order and the documents attached heart.. No was of hie Purchasers including, withoul limitation, acceptance of partial late deliveries, shall restate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable far damages. However, the Seller shall not be liable for damages To a result of delays due in causes not reasonably foreseeable which are beyond is rmumable court.] and withom its fault of negligence, such ads of God, acts ofcivil or military authorities, gmemmenml priorities, fires, strikes, Rood, 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 event of any such delay, the date of delivery shall be extended for the period .it to the time impr y last by reason Tithe delay. 3. WARRANTY. The Seller wemans Nat all goods, articles, materials and work covered by this order will confirman with applicable drawings, specifications, samples andtm other descnptiom given, will be fit for the purposes intended, ape performed with the highest degree of care and competence in accordance with accepted standards for work of a milk nature. The Seller agrees to held the pumha¢r harmless from any lass, damage or expense which the Purchaser may sutler or incur on account ofNe Sellers breach ofwananty. The Seller shall replace, repair or make good, without cost to the purchaser. any defers or faults arising within one (I) Year or within such longer period of time To may be prescribed by law or by the moos of any applicable warranty provided by the Seller .her the date of lueepmn.e of the goods him ,hied hereunder (acreptavoe not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall and institute a waiver.! any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wmeartties or guarantees, but such liability shall in no event include loss of profit or loss of ate. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal rams by wnnm change oiler. 5. CHANGES IN COMMERCIAL TERMS. The Purh:uer may make :my changes to the were, other than legal tears. including addinions m ar deletions liom the quantities originally ordered in the spoi fications or drawings, by verbal or written change aide, If any such th:mge aflit. no, ata.unl due or tine lime m perf orrame hereunder. an equitable adjustment shall be aunts. fi. T ERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all'mumas of the goods then not shipped, subject to any ii,amble adjustment between the ponies as to any work or materials then is progress provided that the Particular shall not be liable for any claims for anticipaled profits on the uncompleted ,onion of the goods sugar work, for incidental or connotational damages, and Bat no such adjustment be made in favor of the Seller with raper. to any goods which arc the Sellers standard stork. No such termination shall reline be Purchaser or The Seller army oftheir obligations an many goads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for armament moil be awned within thin, (30) days from be date the change or lenninmiom is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereander shall have been produced, sold, delivered and famished in stead compliance with all applicable laws and regulators to which the gook arc subject. The Seller shall execute and deliver such documents a any be required m effect or evidence compliance. All Gasser regulations required to be incorporated in agreem..s of This Mount are hereby incorporated herein by This reference. The Seller agree to indemnify ad hold the Penchant homeless fmm all casts and damages suffered by Be, Purchaser az a result of the Sellers failure as comply with such law. 9. ASSIGNMENT. Neither pang shall assign, Transfer, or convey This odes, or any monies dues m become due hereunder without the Prior wnnm eorsent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title in the Purchaser for all equipment, romans, and items famished in performance of this agreement, free and clear of any and all liens, reslnctime, reservations, security interest encumbrances and claims of others. acquired under fiderel or state act., laws fro such werehwges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this pumhase older. 13. PURCHASE BE PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to cancer ruccommnme, or defective goods by a date m Inclosed upon by the Purchase and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be Performed by the most expeditious means available to it, and the Seiler shall pay all costs asswiated with such work. The Seller shall release the Purchaser and its cantradore of any .ia from all liability and claims of any mturc resulting (mm be performance of such work. This release shall apply even in the event of fcalt of negligence of the piny released and shall extend I. the direcron, olliroa and employees of such party. The Sellers coal ...it 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. Whenever the Seller is required to roe any design, device, material or process covered by letter, proem, trademark tor copyright, the Seller shag indemnify and save fmmles, the Purchacr from any and all claims far, infringement by reason of the use of such patented design, device, material or process in connection with the contract and shall indemnify the Porch r far any cost expense or damage which it maybe obliged 10 Pay by reason of such inGngement at any time during the persecution or alter the completion of the work. In new said equipment or any pan thermr or the intended use of the goods, is in such suit held or mnsrimre arrangement and the use of said equipment or pan is enjoined, the Seller shall, at its 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 equipment or modify it so it becomes noninfringmg. 15. INSOLVENCY. If the Seller shall become insolvent or bankmp. make an assignment for the benefit of conducts, appoint a receiver or Moore for any of the Sellers property or business, this code, may f.nhwith be canceled by be Purchaser without liability. I& GOVERNING LAW. The definition .fir. and or be wteryremtio s of the agreemem and the lights fall ponies herewder shall be emisamed much and Reversed by The taxi ofibe Suite of Colorado. USA. The following Additional Conditions apply only in cases when the Seller is m perform work hereundea including the services of Sellers Represcardivefs), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall curry on said work at Sellers own risk until the same is fully completed and accepted, and shall, as e of any occidan, deslmcli.n or injury to the work and/or materials before Seller's Ilnrl completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchase, When materials and equipment art fumuhed by others for installation or erection by the Seller, the Seller shall receive, unload, ,lore and handle same at the site and become responsible therefore as Though such materials and/or aryipment were beirg famished byline Seller under the inch. 19. INSURANCE. The Seller shall, in his own expense, provide for the payment of workers compensation, including aceupatiowl disease benefits, to its employees employed on or in connection with the work covered by this purchase older. spiral to their dependents in acwrtlance with be laws of the state in which the work is to be done. The Sella shall also tarty comprehensive general liability including, but not limited to, cantractml and automobile public liability insurance with bodily injury and death limits of al Iea1$300,000 for any one person, 5500,000 for any one accident and propmy damage limit per accident of S400,000. The Seller shall likewise require his contractor,, irany, to provide me such compensation and insurance. Before any of the Sellers or his mntracters employees shall do any ..,it upon the premises ofathers, the Seller shall furnish the Purchaser with a emificme That such compensation and insurance have been provided. Such certificates shall specify the date when such ompersation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and imemmace shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby memories the entire responsibility and liability for any Tod all damage, loss or injury of any kind or mrim wM1ms.ever to person or property caused by or resulting from the execution ofthe work provided for in this purchase older or in connection herewilh. The Seller will indemnify and hold females, the Purchaser and any r all of the Purchasers officers, agents end 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 be put or subject by arson of any act, action, neglect, emission or default on the an of the Seller, any of his contractors, or any of be Sellers or contrarian officers, agents or employees. In can any suit or other Proceedings shall be brought against the Purchasm or its officers, agents or employees at any time an account or by reason of any set, action, neglect, omission or default of the Seller of any of his contractors or any of an or Weir officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense Manor and an defend be same at the Sellers owns expense, m Pay any and all eats, charges, attorneys fees and omen expenses, any and all judpnmts Jul may be incurred by or obtained against The Freshener m any of in or Their .01M ex. .in. or employees in such suits or other proceedings, and in case judgment molder lien be placed upon or obtained against The pommy ofNe Purcham or said parties in or as a result ofmch suits M other proceedings, the Seller will at once cause the sore to be dissolved end dischurged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, famish and instill all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and at I roles and regulations issued pursuant thereto. Revived 07R014