HomeMy WebLinkAbout289715 SCHWEITZESR ENGINEERING LABS - PURCHASE ORDER - 9147173Fort Collins
Date: 12/0512014
Vendor: 289715
SCHWEITZER ENGINE
c/o K D JOHNSON INC
PO BOX 1208
LEONARD TX 75452
PURCHASE ORDER
PO Number Page
9147173 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: UTILITY SERVICE CENTER - WA
LABS CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 12/05/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
FAULT INDICATOR, 1 PHASE 500 EA 40.0000 20,000.00
67142313
67142313
06A2
FAULT INDICATOR, SINGLE PHASE (FOR 1/0 CABLE), 800 A TRIP,
MANUAL RESET, SUBMERSIBLE, SHALL BE HOTSTICK APPLICABLE.
SCHWEITZER ENGINEERING LABS, MB0800;
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 $20,000.00
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. COMMERCIALDETA1LS.
Tax exemptions. By statute the City of Pon Collins is exempt brans state and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collamr of
Failure of the Purchaser to insist upon stria performance of the terms and conditions hereof, failure or delay to
Formal Revenue, Denver, Colorado (Ref Colorado Revised Searle, 1973, Charter 39-26,114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify due Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not rtlesse the Seller of
Goods Rejected GOODS REJECTED due to failure to meet specifications, either whom shipped or due to defects of
any of rare warmmim or obligations of this purchase order aM shall not be deemed is waiver of any right of tie
damage in but may be emumed to You for credit aM art rot on be replaced except upon mart of wrinen
norchaur to insist upon strict performance hereofor any of its rights Or remedies as m any such goods, regardless
inslrucdons from the City affront Collins.
of when shipped, exceived or accepted, as to any prior or subsequent default hemmrader, rim shall any putpnned
oral modification or rescission of this purchase order by tie Purchmer operate as a waiver army of the terms
Inspection. GOODS. subject to the City effort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in rta,. to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
suntanned payment on the part of the City of Fart Collins. However, it is to be understood that FINAL
Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of at l applicable required inspection procedures.
violations arc in fact home by the Purchaser. Theretoforefor good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Porchaser any and all claims it may now have or hereafter
Freight TO.. Shipments must be F.O.B., City of Fart Collins, 700 Wood St, Fon Collins, CO 80522, unless
acquired ander federal or state antitrust laws for such ovechmges relating to the particular goods or strames
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired "a Purchaser pursuant to this purchase order.
bill most accompany invoice. Additional charges fro packing will not be skated.
ld. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Whom manufacturers have distributing points in various parts of the country, shipment is
Ifthe Purchaser directs the Seller in correct nonconforming or defective goads by a&te robe agreed upon by the
expected from the named distribution point to destruction, and excess freight will be deducted from Invoice when
Purehaser and the Seller, and the Seller tincture, indicates its inability ar unwillingness to comply, the Purchaser,
shipments me made form greater 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 remain, cenificams and licenses required by all
applicable laws, regulations, ordinances and roles of the state, municipality, territory Or political subdivision where
the work is performed, or required by any other duly cautioned public minority having jurisdiction over the work
of condon Sella further vgrem to held the City of Fan Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violarion of any such laws, regulations, ordimmes, rates
and raluirements.
Authoriniam— All parties m this =.tram agree that the representatives are, in fact, bona fide and possess full end
complete contrary to bind said parries.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated
herein set forth and any supplementary, or additional teats and conditions annexed here,. a, ina,mated herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASMG AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as rated Time is of the essence. Delivery and performance must be eRected wind. the time
stated on tie purchase order and the documents attached hereon. No rots of the Purchasers including, without
limitation, acceptance ofpanial late deliveries, shall mctem as a waiver of this provision. In tie event of my delay,
the Purchaser shall have, in addition to over legal and equitable remedies, the option of placing this order elmwhere
and holding the, Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due,. curses nut reasnnably fonseeable which arc beyond its reasonable control and without its fault of negligence,
such arts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars ar
riots provided tat notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seiler fro received kamvlcdge Nernst In the Occur of may such delay, tie done of delivery shall be
exrreded far the period equal to the rime actually loss by reams of the delay.
O. WARRANTY.
The Seller warrants that all goods, articles, mmermis end work coveeN by this ocher will conform with applicable
drawings, specifications, maples and/or one, descrignme, giver, will be fit far the purposes intended, and
Performed with tie highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the
Purchaser may suffer or incur on account offer Sellers breach of warranty. The Seller shall replace, repair or retake
good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of
time as may be presc,ibal by law or by the meant of any applicable summary, provided by the Seller after the date of
mcepravice of the good famished hereunder (acceptance not to be umraderably delayed), resulting from impM t
in defective work done or materials finished by the Seller. Acceptance or sere of good by the Puclwer shall rot
comment a waiver of any claim anchor 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 tie foregoing warrants
or guarantees, but such liability shall th no event include lass of profrs or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES W LEGAL TERMS.
The Purchaser may make changes to legal toms by written change order
5. CHANGES DO COMMERCIAL TERAIS.
The Professor may make my changes to tie terms, other than legal terms, including additimu m m dentima from
tie quantities originally mrkeed in the specifications or drawings, by varied or wrinen change order. If my such
change affects tie amount due or tie time ofgalonnavice hereunder, an equitable odjudment shall be aide.
6. TERMINATIONS.
The Pumarase, may at very time by written chat, whet, annam a this agreement as to any or all portions of the
goods then not shippak subject to any equitable adjustment between the parties 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 for incidental or consequential damages, and the, no such adjustment be made in
favor of the Seller with respect o my good which art the Sellers stzodard track. No such termination shall relive
the perchance or the Seller ofany of thew Obligations as to my good delivered her=Mer.
T. CLAIMS FOR ADJUSTMENT.
Any claim for injunction most be assured within nirry (30) days from he dam the change or nomination is
ordered
8. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and f ishcl in suit,
compliance with all applicable laws =d regulations to which tie good me subject. The Seller shall execute and
deliar such documents m may be required to effect or evidence compliance. All laws and regulations required,. be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
inde rra y and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of tie
Sellers fzilare to comply with such law.
9. ASSIGNMENT.
Neither party shall cosign, brosfn, or convey his order, or any monies due or to become due hereunder without the
,Her wrinen consent of the one, party.
10. TITLE.
The Seller wmmmrs full, clear and umestin ed title to the Purchaser for all equipment, ,.aerials, suit items famished
in performance of dds agreement free and clear of my mad all liens. mstrimi.m, raeratiom, secant, interest
acumbeamu and claims ofofers.
The Seller shall release the Purchaser and its contractors of any tier form all liability and claims of any nature
resulting form the performance ofsuch work.
This exhaust shall apply even in the event of fault of negligence of the Ivry released arad shall tatend to the
dirMon, of. and employs afsucar party.
The Settees commercial Obligations, including warranty, shall not be deemed to be reduced, in any wag beceutt
such work is performed ar caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify, and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented designu device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cod, expense or damage which it may he, obliged to pay by reawn of such
infringement in my time during the prestrictions or after the completion of the work. In case mid equipment, or
my pan thereof or the intended use of tie goads, is in such suit held to coutimte infringement and the use of
said equipment or pm is enjoined, the Seller shall, an its own expense end at its option, either Fracture for the
Purchaser the right to cientioue using mid equipment or pans, replace the same with substantially equal but
noninGnging equipment, or modify it m it becomes noninfringing.
15. WSOLVENCY.
If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of cmditars, appoint a
receiver ar made, for my of the Sellers property or business, this order may forthwith be canceled by the
Franchiser without liability.
16. GOVERNING LAW.
The definitions of teas used or the interpretation of the agreement and the rights of all ponies he rmarder shall he
committed under and governed by tie laws of the State ofColout USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereanda,
including the services of Sellers Rapmosmatim(s), oa the premises afathers.
U. SELLERS RESPONSIBILT Y.
The Seller shall carry on said work at settees awn risk most the same is fully completed and accepted, and shall,
in case of any accident, desvmtion or injury to tie work and/or materials before Sellues final completion and
acceptance, complete tie work at Sellefs own ceramic, and to the satisfaction of the Purchaser. When maten d,
and eair., are furnished by others for installation or erection by nor Seller, the Seller shall raeive, unload,
score and handle mine at tie site and become responsible therefor m though such materials suffer equipment
was being fumished by the Sella under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of worker, comperation, including Occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dagandats in mcordance with tie laws of the sate in which the we& ¢ to be done. The Seller
shall also carry compreh=slve protest liability including, but not limited m, =ntmctanl and automobile public
liability imumae with bodily injury and death limits arm least 5300,000 for any one person, 5500.000 for any
cciden, and pmpeny, damage had, per accident of S400,000. The Sella shall likewise require his
comments, if any, to provide for such compensation =d Imnrance. Before my of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate
that such compensation and insurance have been provided. Such cenificams shall specify tie dam when such
compensation and immmnce have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seiler agrees that such compensation and iosumnce shall be maintained until after the
entire work is completed and acceptod.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby ass roes due=tire responsibility road liability for my and all damage, lass or injury army kind
r mare whaesoever to permm, or property caused by or resulting form the execution ofthe work provided fro in
this purchase ono or in connection herewith. The Seller will indemnify and hold harnless tie Purchaser and my
or all of the Purchasers .liters. agents and employees Gom end against any and all claims, losses, damages,
charges or expenses, whether direct or indirect and whether in persons or property to which the Purchmer may
be For or subject by remain of any act, achat, neglects omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or commemrs oficros, agents or employees. In am any suit or other
praceedings shall be Freight against the Purchattq or its officers, agents or employees ar my time on account or
by reason of any set, action, cegleck omission or default of the Seller of my of his contractors or my of its or
their rdficers, agents or employees as aforesaid, the Seller hereby agrees to assume -the defense thereof and m
defend the tame el tie Sellers own expense, to pay any and all cases, charges, i nem ,; fees and other expenses,
my and all judgmen. tom may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other prmmad rags, and in eau judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said ponies in or as a result of such wits Or other proceedings,
the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall rake all safety precautions, f ish and install all gnarl 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 all roles and regulmimes issued pursumt demo.
Revised 02R014