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HomeMy WebLinkAbout431480 GE ENERGY INTERNATIONAL INC - PURCHASE ORDER - 9146193 (2)PURCHASE ORDER 914619er Page PO City Of 146193 1 of z �} Collins This number must packing V 1' on all invoices, packing sli s and labels. Date: 12/10/2014 Vendor: 431480 GE ENERGY INTERNATIONAL INC TRANSFORMER FIELD SERVICES 184 SOUTH AVE TALLMADGE OH 44278 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 12110/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Change order per requisition 48864 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@fogov.com 1 LOT EA 1,500.00 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. COMMERCVU.DETAILS. Tax exemptions. By stature the City of Too Collins is exempt freer state and kcal haze. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenifcate, of Registry 84.6000587 u regifirmd with the Collector of Internal Romano, Denver, Colomdo (Ref. Colorado Revised Somata 1673, Chapter 39-26, 114 (a). Goods Rejected. GOODS REIECTED due to failure to mad specification, either when shipped or due to defects of damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of written invunions from the City of Fan Collins. Inspection. GOODS are subject m the City or Fort Coding; inspection on mrivtl. Final Acceptance. Receipt of the merchandise, services or equipment in rapone to this order can result in authorized payment on the pan of the City of Fort Collins. Hawever, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments rant be F.O.B., City of Fad Collins. TOO Wood St., Fan Collins, CO 80522, unless othmvise specified on this order. If permission is given tO prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be, accepoed. Shipment Distance. Where manufacturers have distributing points in various Pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will Is, deducted from Invoice when shipments are made from greater distmrce. permits. Sella shall procure an sellas sole cost all necessary permits, carabona and licenses required by all applicable laws, regulations, ordinances and hales of @e sang, municipality, tenitary or political subdivision what the work is performed, or required by airy order duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fon Collins harmless from and against all liability and loss incurred by them by eaon of an assured or established violation of any such laws, regulation, ordinances, ales and requirements. Authorization. All ponies to this contract agree that the represencative arc, in fact, bona fide and Possess full and complete authority tp bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fond and any supplementary or additional temu it condition annexed herela or cooperated herein by reference. Any additioal or differenuerms and condi0on proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make complete shipment to arrive on your promised delivery date as acted Time is of the axam. Delivery and performance most be a@coed within the time stated on the purchase color and the documents attached Ionic. No acts of the PmcEssers including, without limitation, acceptance of partial late deliveries, shall operate n a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition in omet legal and equitable remedies, the option of fiming this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damage, n a result of delays due to causes not reasonably foreseeable which art beyond its manageable control and without its fault ofneglig ace, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, 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 Sella firs, received knowlcd c thereof In the wen of any such delay, the date of delivery shall be extended for the period round to the time actually lost by eaon ofthe delay. 3. WARRANTY. The Seller warnings that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andror other descriptions given, will be fit for the puposa intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a -ra]ar mature. The Seller agrees to hold the purchaser harmless fmm any lass, damage or expense which hie Purebner may another or incur on account of the Sellers breach of warranty. The Sella shall replace, repair or make good, without cost o the puahauv any defee. or Gulfs act within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after Ne dam of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), reselling from imperfect or defective work done or materials furnished by the Seller Acceptance or use of goods by the Purchaser shall chat pntimm a waiver ofany claim under this warranty. Except a otherwise provided in this purchase order, the Sella liability heeunder shall extend to all damages proximately erased by the breach of my of hie foregoing warranties or guarantees, but such liability shall in no evert include loss of pm0ts or Iaer of tau. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal rerma by written change order 5. CHANGES IN COMMERCIAL TERMS. The Pumheuer may make any change to the terms, other Nan it,] temp, including addition la err deletiosn from hie quantities origimlly ordered in the specification or drawings, by verbal or written change order. If any such change affects me amount due or the time of performance hereunder, an almost adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as re, any or all portion of the goods then not shipped, subject to any equitable adjustment ktween the gather n to any work or mztio sB then in pregrws provided that the Purchaser shall not be frame fro any claims for anticipated prams on the oncompletd portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with rapecno any goods which are the Sellers standard slack. No such tagrommion shall relieve the Purchaser or the Seller crony oftheir obligation as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days fmm the date me change or nomination is odaed. 8. COMPLIANCE WITH LAW. The Seller watrmts ohm all goods sold hereunder shall bane been produced sold, delivered and fumishd in strict compliance with all applicable laws and regulation o which the goods are subject The Seller shall execute end deliver such documents as may be acquires] o eflat or evideme compliance. All laws and regulation rrywrd to be incopo..it in agreements of this character arc hardly, incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless fmm ell cosn and damages suffered by the Purchaser as a result of the Sellers failure to comply wioh such law. 9. ASSIGNMENT. Neither piney stall assign, vanfer, or convey this order, or any monies due or to become due hereunder witlwut tk prior onion coquet alk other perry. I TITLE.. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in per-fingurance of this agreement, firm and clear Of any and all lien, restrictions, reservation, security intend emarmbrmoca and claims ofolhers. I L NON WAIVER. Failure of me purchusa to insist upon sbrict performing of the terms and rodirion hereof, failure or delay ro cammans any rights or remdia provided (mein wa by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval afthe design, shall not releeu hie Sella of any of the warranties or obligations of this purchase order and shall nor be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardleas of when shipped, received or accepted, m to any prior or subsequcnr default boards, nor shall any purEaned Ore[ modification or rescission of this parehase, wader by the Purchaser assume n a waiver of any of Ne terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. resulting from antitrust Seller and the Purchaser revolution that in metal economic practice, Overcharges, g violation we in fact bone by the Purchaser. Thertofore, for good cause ad as consideration for executing this purchase order, the Sella bereby assigns to the Purchaser any ad all claims it may now have or hereafter acquired under federal or scale antitrust laws for such overcharges relating to the particular goods or services purchased in acquired by Ne Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser dimas the Seller to correct nonconforming or defective gods by a date to be agreed upon by the Purchaser and the Seller, and the Seller sheresOer indicates its arability or unwillingness to comply, the Purchner nay cause the work m be performed by hie most expedition mean available to it, and the Sella shall pay all costs assoeimd with such week. The Seller shall release he Purchaser and in conemetors of any tier from all liability and claims of any rahare resulting fmm the performance ofsuch work. This release shall apply wen in the event of fault or negligence of hie parry crassest and shall extend go the directors, officers and employees ofsuch party. The Sellers contnnual obligation, including wamamy, shall Out k demand to be reduced, in any way, became such work is performed or caused to be performed by the Purebner. 14. PATENTS. Wbeower 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 Flood. Ne Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in comeaim w[th hie contract, and shall indemnify the purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of hie work. In now 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 ajoia d, the Sella shall, at its own expense and at its option, either procure for the Purthaee the right re cominue ning said equipment or parts, replete the same with substantially equal bur nowdn-n8in8 equipment or modify it so it becomes rmninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bahiempt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may fothwlth he canceled by the Ruchase, without liability. 16. GOVERNING LAW. The definition of terms used or the interpretation ofthe agreement and the rights of all parties hcreutnta shall be continued under and governed by the laws of the State of Colorado. USA. The following Additional Condition apply only in taxes where the Sella is to perform work hereunder, including Ne services afScllers git"sencative(s), on hie premiss of omens. IT. SELLERS RESPONSIBILITY. The Seller shall any, on said work in Sellers own task writ the same is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When mmmals and nquipment ore furdshd by others for munitioning or erection by the Sella, the Sella shall receive, Wood, store and handle same m the, site and become responsible therefor ss Nough such materials andor equipment were king fumishd by the Sella under hie order. 18, INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers comptnation, including occupational diocese benefits, to its employees employed on or in connection with the work covered by this purchase coda. and/or o their dependents in mmrdance with fire laws of the state in which Ne work is o be done. The Seller shall also wiry comprebenive general liability including but not limited or, uncommon and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one parse, 5500,000 for may one accident and property damage limit per accident of S4W,W. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers of his contractors employees shall de any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such comperaation and occurrence naive been provided. Such certificate shall spaity the date when such compagragation not insurance have been provided. Such conifiwles shut] specify the date when such compensation and insurance expires. The Sena agrees Nat such compenution and inwanre shall be maintained unlit after the attire work is complied and mceptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and call damage, Ins or injury fany kind or aamre whatsoever to person or property, caused by or resulting fmm me exavtion of the week provided for in this purchase order or is connection knewith. The Sella will indemnify and hold haradics hie PurcAnn and any r all of the Purchasers officers, agents and employees fmm and apt= any arrd all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to person Or property to which the Pumhna may Its, put or subject by reason of any act. action, neglect, omission or default on the Phil of the Seller, any of his contractors, or hay of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall k brought against the Purchaser, or its officers, agents or employees at any time on mcouvt in by reason of any hat action, re8lecl, oaission or defach of the Seller of any of his covtemtors or any of its or they Officers, agents or employees as aforesaid, the Seller hereby ag,ers to assume the defense Hereof and to defend Ne same at the Sellers own expense, to pay any and all costs, changes, anameys fees and ether expenses, any and all judgments that maybe incurred by or obtained against the Purchner Or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment Or edger lieu be placed upon or obaind againt the popery of the Purchases, or said parties in or n a result of such suits or other proceedings, the Sella will in Once are the same in be dissolved and diuhurgd by giving bond or otherwise. The Sella and his common shall take all safety Interaction, famish want install all guards necessary for the prevention of accidents, comply with all laws and regulation wish regal to safety including, but without line m ins, the Occupational Safety and Health AV of 1990 and all miss and regulation issud pursuant thereto. Revised 072014