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HomeMy WebLinkAbout110986 FORT COLLINS WINLECTRIC CO - PURCHASE ORDER - 9147371PO PURCHASE ORDER 9147371 Page C117/ of PURCHASE 47371 + of z ' `tCollins( This number must appear V " on all invoices, packing sli s and labels. Date: 12/12/2014 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: 12/12/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price t 6555-7948 1000 EA 7.4900 7,490.00 5"base, 4 abreast spacer BULK SPACER, 5", PLASTIC, BASE, FOUR ABREAST, 2" SEPARATION FORMER, MB5A4-2030; 2 6555-7953 3000 EA 7.4900 22,470.00 5" module, 4 abreast spacer BULK SPACER, 5", PLASTIC, MODULE, FOUR ABREAST, 2" SEPARATION FORMEX, M5A4-2020; 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 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 Fort Collins is exempt from slate and local axes. Our Exemption Number is 11. NON WAIVER. 98-04502, Federal Excise Tax Exemption Countersue of Registry 84-6000587 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance of the tease and conditions area, failure or delay to Inkmal Revenue, Denver, Colorado (Ref Colorado Revised Stables 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided her is or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hewnder or approval ofthe design, shall not release the Seller of Goods Rejected GOODS REJECTED due to failure to men specifications, either when shipped or date to defects of any of the warranties or Obligation of this purchase onto end shall act he domed a waiver of my right of the damage in transit, may he retuned in you for credit and are net to be replaced except upon receipt of wriren purchaser to iniu most strict Pa.. hercnf or any of its nghts or remotes as a any such goods, regaNll inaMecons fmm flue City of Fort Collins. of when shipped, received or tropical, n b any prior Or subsequmt default hereunder, rim shall my ptupnned oral modifwuoa or rescission of this primhase maker by the Purchaser operate ss e waiver of any of the term Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can rtuh in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of pan Collins. However, it is to be undershoot that FINAL Seller and the Purchaser recognize that in actual economic practice, M erchani resulting from amitrnst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact bone by the Purehoser. Thoadhim, for good cause and as consideration for executing this purchase Maker, the Seller hereby assigns to the Purchaser any and all claim it may now have or hereafter Freight Term. Shipments mint ba F.O.B., City of Fort Collins, 200 Wood Sl.. Fan Collins, CO 80522, unless acquired under federal or sae antitrnst laws for such overcharges relating to the pmaimlar goods or services otherwise specified on this order. If pemkcsion is given to prepay freight and charge separately, the original freight purchased or ecquirof by the Purchaser pursrual to this purchase order. bill most sccompaay invoice. Addaml charges for packing will act be ecapted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. have distributingpoints variouspans ShipmentDistance.the. Wheremanutor Ifthe PumhndtheScls the Seller defective to dof ethecountry,shipmentis ., m destination, and excess freight will a deducted from Invoice when expected tom the nearest thnribuhon s dndmcnnformingor che omplyeduponbythe its inability av mwillin the Purchaser Seller or unwillingness Purchaser and the Seller, and Sellery shipments are made from grcauer distance. ce. it, and he Seller may cause the work m be performed by the most expeditious means available b it, sued the Shctt shall pay all performed the most expeditious casts associated with such work. Pemits. Seller shell procure m sellers sole cost all permits, eenificates and licenses rryuired all political subdivision ware the w oNe and ales of the sate, laws, reged, rmy her The Seller shall release the and its covtranors of any tier from all liability and claims of any rawrt owrtapplicable the work is perfumed, M,nre d Public muff in by soy other duly mmaialed public having sin ailion ova the work times ce of molting from the performance of such work. l=firm t harder agrees to hold tlto City of Fiat Collins ham less from and against all liability and loss Seller t h in urredvendo.b incurred by them by rwmn of m asserted or established violation of any such lass, regulations, oNimmcs, riles bypas This shall apply even ethe event of faun of negliengce of the party reload and Shall extent to flue and r quirements, directors, cers and employees ami. otliofsuch pvty. Authorization. All parties to this formed some that the representatives are, in fact bona tide said Possess PoII and ompla, authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance in the term and conditions stated herein so Pont and any supplementary or additional terms and conditions annexed hereto or incorporated herein by refmmr,. A, additioml or different term and conditions proposed by seller are objected bend hereby jeered 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you canon make complete shipment to arise era your promised delivery data m noted. Time is cruise essence. Delivery and Performance most be, effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without Irritation, acceptance of partial late deliveries, shall operate u a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition bother legal and equitable remedies, the option Militating 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 tactics not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, govemme rral priorities, Tres, strides, flood, epidemic, wars or riots provided fiat Maine of the conditions causing such delay is given to thasewith e Purchr in five (5) days of the time when the Seller fast received knowledge thereof. In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually lost by commit of We delay. 3. WARRANTY. The Seller warrants that all goods, anirles, annals and work covered by this order will conform with applicable drawings, specifications, samples anNar other descdpaiom given, will he ❑t for the purposes intended, and performed with the highest degree of care ant competent, in accordance with accepted standards for work of a similar more. The Seller agrees to held the purchaser hamlets fmm any lass, damage or expauc which the Purehuer may suffer or incur an account induce Sellox coach of warranty. The Sella shall replan, repair or make good, wihout cost an the purchaser, May defe t M faults ansin, w'ittim one (I) year M within such longer period of date as may be prtunbal by Sw or by the Ism of any applicable warranty provided by the Seller after the dale of receptors, of the goods f rim deal hoarder (mceptma not b be unreatonably delayed), resulting Rram imperfect or defective work done for materials f ished by the Seller. Acceptance or Me of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this Furnace, order, the Sellers liability hereunder shall extend to all damages pmaimwely caused by the branch of any of the foregoing warnties or guarantees, but such liability mall in no event include lass of profits or loss of tau. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The P rnswer may make changes to legal term by wuirm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes b the arms, other than legal term, including additions to or forlions from d¢ quantities originally ordered in the specifications or drawings, by vocal or written change order. If any such changcadats the umoun due or the time Mf,ohnio rice hateunde , an equitable adjustment shall be mud,. &TERMINATIONS. The Purchaser may at any time by warm change order, Immune this agreement as b any or all ponioas of the goods that not shipped, subject to any equitable adjustment between the panes n ra any work or rrudccials then in progress provided dart the Purcha sal] not be able for any claims for anticipated profits on the umromplelW pndon of the goods aavor wok, for incidental or consequential damages, and that am such Tali mment be made in favor of the Seller with r¢peca to any good which She the Sellers srandant stock. No such lamination shall relieve the Purchaser or the Seller ofany of their obligations in to any goads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be Sweden within fifty (30) days from the date the change or lamination is entered 8. COMPLIANCE WITH LAW. The Seller warrant that all good sold hereunder shall have been produced, sold delivered and famished in strict compliance with all applicable laws and mgulations a which the good are subject The Seller shall execute and deliver such daummts as may be required in effect or evidence compliance. All laws and regulations acquittal to he incorporated in agreement of this character are hereby incorporsted herein by this reference. The Seller agrees m indemnify and hold the Purehaao hamlets from all costs and damages su@red by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall usign, transfer, or coovey Nis order, or my moNa due or to become due hereunder without the prior wanes consent of the other limy. 10. TITLE. The Seller warrant full, clear and unmanned tide to the Purchaser far all equipment materials, and item famished in pMormmce of this alinement, f and clear of my and all liens, restrictions, reservations, Secudry interest encumbrances and claims M others. The Settees contraotml obligations, including warrant, shall not be deemed to he tcduad. in any way, because such work is performed or caused to be perfumed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, mateno or process covered by letter, patent trademark of copyright, the Seller shall indemnify and save hamless the Purchases from any and all claims for infingement by reason of the use of such pnented design, desire, material Or process in correction with the modern, ant Shall indemnify Out Purchaser fur any cos% expense Or damage which it may be obliged so Pay by novae ofsuch infringement at any time during the tramecu[ioo err Be,athe compler. of the wok. In case said aryipmen[, or any pars thereof or the intended use of the goods, is in such suit held to aromatic infringement and the Isle of said equipment air Pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equatorial, or modify it sat it becomes noninfinging. 15. INSOLVENCY. If the Seller shot become insolvent or bmlkmpt mays an assignment fur We benefit of creditors, appoint a receiver or trnstce for any of the Sellers p.p,.y or business, this onto may f.M.ith he canceled by the pumberefor without liability. 16. GOVERNING LAW. The doinitions oft,. use or the immum a rim of the ag.car end the rights ofall Wailes hereunder shall be constmed under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to palfom work hereunder, including the services of Sellers R'doMkuiv-Db Or the premises of others. 17. SELLERS RESPONSIBILITY, The Seller shall tarry on said work in Sellers own risk until the same is MY completed Said accepted, and mall, in se of any accident destruction or injury in fie work aM/or mterisda before Sellers final completion and acceptance, complete the work at Sellers awn export's, and to the satisfaction of rise Purchnser. When materials and equipment are famished by others for installation or erection by the Seller, fire Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials ani equipment were ding famished by the Seller under flue onto. 18. INSURANCE. The Sellec shall, at his own expeme. Provide for the payment of workers wmp reastion, including rometiofal disease benefits, to its employees employed on a in correction wish the woo wvrrd by this purchase oNer, anNm to tlrcfr dependents in mcoNance with the laws of the sate in which the work is in be done The Seller Sall also cart, comprehensive general liability inch Wing. but not limited b, contmcaal and automobile public liability insurance with 0.tlily injury and death limits of at leer $300,IX0 for any one person, 5500,000 for any one accident and pmpeny damage limit per accident of S400,000. The Seller Shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchucr with a cenifcate Man such compensmion and imdmme have heed provided Such anificaas dull specify the dot when Such compensation and insurance have been provided. Such cenificarm shall specify the date when such compensadm and insumnre expires_ The Seller agrees that such compensation and inurance shall be mainmined until after the entire wok is completed and accepted. 19, PROTECrION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the ratio, responsibility, and limil try for any and all damage, loss or injury of any kind or nature whosoever to persons or i mpcny caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees fmm and Optima any and all claims, losses, damages, charges or experues, whether direct of indilen, and whether to persom or properly to which rise Parchua may be, put or subject by reason of any ad, action, register, omission or default m the lean of the Seller, my of his eommebrs, or any of the Sellers M contactors officers, egmts or employes. In eau any suits or other proceedings shall W brought against the Purchaser, or is offerers, agents or employees al any rime on uwmt or by rcaron of my act, action, regular, omission or default of the Soler or my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby, agme, to assume the defense thereof and to defend the some at the Sellers own expense, to pay any and all costs, charges, aumeys fees and oNer estimates, any and all judgment Out may be incurred by or obtained against the Purchaser or any of its or their officer, agmts or employces in such soil, or other proceedings, and in case judgment or other lien be placed upon of rationed against the Property of thc Purchaser, or mid parties in or u a resuLL of such stain to other Proceedings, the Sella will Or once cause the same to be dissolved and dtse ,M by giving bond or otherwise. The Seiler erd his contmome shill take all Safety pamautiom, famish ford install all gusad ncccamry for the prevention of accidems, comply with all laws and regulations with regard! to Safety including, but without limitation, la Occupational Safetyand Hcrlth Act of 1970 and all riles and regulationsissuW ptmumt then. Revised IBM 14 Total $29,960.00