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HomeMy WebLinkAbout431480 GE ENERGY INTERNATIONAL INC - PURCHASE ORDER - 9146193Fort Collins Date: 10/23/2014 PURCHASE ORDER Vendor: 431480 GE ENERGY INTERNATIONAL INC TRANSFORMER FIELD SERVICES 184 SOUTH AVE TALLMADGE OH 44278 PO Number Page 9146193 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: 10/22/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price i LV Bushings Replacement and 1 LOT LS Oil Reclamation per attached 44,284.00 GE Quotation Q10152014-554522 Dated 10/15/14 Work to being first week of Novemeber. Please fax P.O. to vendor Contact - Bob Hover 970-221-6725 970-217-8109 Schedule will be coordinated with Fort Collins Utilities. A site visit is required to determine equipment positioning. Contact Bob Hover for site visit and to coordinate final schedule. 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 Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City effort Collins is exempt from state and local taxes. Our Exemption Number is I I. NON WAIVER. 98-04502. FWeral Excise Tax Exemption CeniGcak of Registry M-6000587 is registered with the Collector of Failure of the Purchaser to insist upon stain peafnrmmce of the terms and conditions hereof, failure or delay to Internal Revenue, Der, v r, Colorado (Ref Colorado Revised Statute 1993, Chapter 39-26, 114 (a). exercise my rights or remedies provided herein car by law, failure to promptly notify the Seller in due event of a breach, the acceptance of or payment for goods heretWer or approval of the design, shall coot release due Seller of Goods Rejected, GOODS REJECTED due to failure a meet specificadotu, either when shipped or due to defects of 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 returned to you for credit and arc not to be replaced except upon receipt Of women purchaser to insist upon ,Her performance hereofo, any of its rights or mnudi. as many such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms homelier. GOODS are subject o Ne City of Fan Collins inspection on errnal. hamof. Final Acceptance. Receipt of the merchandise, services or equipmde ent in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of Bar City of Foe Collins. However, it is to he understood that FINAL Seiler and the Purchaser recognise that in acnal economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable acquired inspection procedures. violations am in fact borne by the Purchaser. Theretofore, for goad cause and as consideration for executing this urchase order the Seller hereby assigns to the Purchaser any and all claims it may now have Or hereafter Freight Terms. Shipmems most be F.O.B., City of Fnn Collins, 700 Wood Sr, Pon Collins, CO 8D522, mless otherwise specified an this order. Ifperounuon is given to prepay freight and charge separately, the original freight bill must accomWtty imvice. Additional charges for parking will oat be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest disuibutinn point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole eon all necesvry permits, certificates and Iicemes required by all applicable lax . regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority bavingjunsdicticn over the work of vendor. Seller further agreo m hold the City of Fort Collins harmless from and against all liability and loss BarmaxIl by them by reason of on asserted or established violation ofeny such laws, regulations, ordinances, miss Bud m,rumne nts. Amhonzation. All paeles to this contract agree that the representative are, in fact, bona fide and possess full aM complete authority 10 bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the lams and conditions setts herein set forth and any supplementary or additional temps and conditions annexed hereto or incmpomt.l herein by reference. Any additional or different regime Bud conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as amid. Time is of the essence. Delivary and perfnrmanu most be effected within the time stated on the purchase order Bud the documents attached barto. NO area of the Purchasers including, without limitation, acceptance of partial lam deliveries, shall operate as a waiver of this provision. In the event of any delay, the Porchnser shall have, in addition 10 other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays due to causes not reasowbly foreseeable which art beyond its re.ble around and without its fault of negligence, such arts of Gad, acre of civil or military amhoritis. governmental priorities, fires, stokes, Bond, epidemics, wars or riots provided that notice of the conditions cousin, such delay is given to the Pmha rcer within five (5) days of the time when the Seller find received knowledge thereof In the event of any such delay, the dale of delivery shall be extended for the period equal to the time actual ly fst by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, ra enals and work covered by this order will conform with applicable drawings, apecifcariom, samples amV., other descriptions given, will he fir for the prpmes antiradical, and performed with the highest degree of care and competence in accomonce with accepted standards for work of a imila, nmure. The Seller area to hold the purchaser formula. from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost o the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be presented by law or by the earns of any applicable wamenry provided by the Seller after the date of acceptance of the goods famished hereunder (acceptmce not to be unreasonably delayed), reaping from imperfect re defective work done or materials furnished by the Sella. Acceptance or use of grads by the Po¢hue, shall not onsmue a waiver of 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 my of the foregoing wananties or guerantecs, but such liability shall in no event include loss Of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The producer, may make change, m legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes 1. the terms, Other than legal arms, including additions to or delctions from the quantities Originally ordered in the sped 0cztions or drawings, by verbal or written change Order, I tiny such change idlers the amount due or the time ofpnfumhmw hereunder, an Irmable adjustment shall be made. 6. TERMINATIONS, The Purchaser may at any time by women change order, terminate this agreement as to any or all ponrtions of the goods then not shipped, subject to any equitable Bdjmtmen, between the panics m to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for onticipnled profits on the uncompleted portion of the goods surfer work, for incidental or consequential damages, and that no such adjustment be made in favor of the Shcec with respect to any goods which are the Sellers smMard stock. No such termination star[] rella'e the Purehastt ne the Sella afmy of their obligaliam is to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be azsened within thirty (30) days from the date the change or lamination is Ordered. 8. COMPLIANCE WITH LAW. The Sella warrants Nat all goods sold hmmder shall more, been produced, sold, delivered and perished in strict compliance with all applicable laws and regulations a which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All Laws and regulations required to be incorporated in agreements of this characmr are hereby incorporated herein by this reference. The Seller a,ms to indemnify and hold the Purchaser harmless tram all rests and damages suffered by the Purchaser as a result of the Sellers failure 10 comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereundn without the prior women cmhsmt ofthe other parry. 10. TITLE. The Seller warrants full, clear Bud uruemmmd title to $e Producer for all equipment, universals, and items furnished in perfomtance of this s®eemem fare and clear of On, and rill liens, restrictions, rrsmanom, aecunry ineaea mcumbmnca and claims ofalhers. P acquired under federal or state antitrust laws for such overelvi relating to the particular goods Or services purchased or acquired by the Purchases pursuant m this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser 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 asailable m n, and the Seller shall pay all ass associated with such work. The Seller shall remain the Purchaser and its contraetors of any tier from all liability and claims of any nature resulting from the performance ofsuah work. This release shall apply even in the event of fault Of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Seller's cam actual obligations, including warranty, shall not be denned to ba reduced, in any way, because such work is performed ear caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is requited to s.a any design dery are, malarial or process covered by Ismm patent, trademark copyright the Seller shall indemnify and save lwrmless 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 the Purchaser for any cost, expense m damage which it may be obliged to pay by reason of such infringement at any time during the pmseci Lion or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to cmutiem inGngement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and in its option, either procure for she Purchaser the right to continue using said equipment or Paris , replace the same with substantially equal but nnninfnnging equipment, or modify it se it becomes none( rr ing. 15. INSOLVENCY. If the Seller shall become insolvent in hoed pL make an assignment for the benefit of creditors, appoint a receiver or teases fir any of the Sellers property or business, this order may foMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitionsof teams used or the inlcryrctation of the agreement and the rights ofall ponies hereunder shall be omtmed coder and governed by the laws of the State of Colorado, USA. The flEwvm, Additional Conditions apply only in cases where the Seller is 1n perform work hereunder. including the services of Sellers Representative(s), on the premiss rfothara 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Shcels own risk until the same is fully completed and accepted, and shall, in ass of any accident, destruction or injury to the work mrvor material befine Selleh final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the pushazn. When materials and equipment sure furnished by otters for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and became responsible therefor . though such materials and/or equipment were being fmisbed by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, prmide for the payment of workm compensation, including occupational disease benefits, to its employees employed on or in conmection with the work covered by this purchase order, and/or to their da,madenl in accordance with the was; Of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contmceal and automobile public liability insurance with twdily injury and death limits of at least $300,000 fr any one person, 8500.0m) for any one accident and progeny damage limit Per accident of S400,000. The Seller shall likewise require his oromaro rs, if tiny, an Provide for such compensation aM intumesce. Defoe any of the Sellers or his cocotracbrs employees Shall do any work upon the premises of others, the Seller shall fiunish the Purchmer with a eerti icate that such compensation and imuaance have been provided. Such montages shill specify the time when such compensation and insurance have been provided. Such cenifimtes shall specify the date when such compensation and insurance expire. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sell. hereby sss cos the entire responsibility and liability fro any and all damage loss or injury of my kind or nature whatsoever tsoer to persons property or caused by or resulting firmthe execution ofthe work provided fro in this purchase order or in connection herewith. The Seller will indemnify end hold harmless the Purchaser and any r all of the Purchasers of ears, agents and e.players from and agpral any and all claims, Lai damages, charges or expenses, whether direct or indirect, and whether to Persons or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, my of his antrmers, or my of the Sellers or contractors office, agents or employees. In toss any suit or older preceedings shall be brought against the Purchaser, nr its oRcers, agents or employees in my time on azmunt or by mason of my Be,, action, ncgleet omission or default of the Seller Of any of his contmdms or my of its or their officers, agents or employees as aferemad, the Seller hereby agrees to asmune the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, mtnmeys fees and other expenses, any and all judgments that may Be incurred by or obtained against the Purchaser or my 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 the property Of the Purchaser, nr said panics in or as n resat of such suit m older proceedings, the Seller will at arse cause the same to be, dissolved and discharged by giving band or otherwise. The Seller and his continuum shall take all safety precautions, famish and install all guards necessary for she prevertion of accidents, comply with all laws and regulations with rallied to safety including, but without limitations, me Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 07I2014