HomeMy WebLinkAbout110986 FORT COLLINS WINLECTRIC CO - PURCHASE ORDER - 9147405PO
PURCHASE ORDER 914740er Page
C117/ of PURCHASE
9147405 1 of 2
t Collins
This number must appear
` ` on all invoices, packing
sli s and labels.
Date: 12/16/2014
Vendor: 110986
FORT COLLINS WINLECTRIC CO
1616 RIVERSIDE DR
P O BOX 271005
FORT COLLINS CO 80527-1005
Ship To: PARKING SERVICES
CITY OF FORT COLLINS
215 N MASON, 1ST FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 12/15/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Stairwell lighting CCPS
PER QUOTE #007824
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
1 LOT LS
6,400.00
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. COM10.fERC1ALDETAILS.
Tax exemptions. By statute the City of Few Collins is exempt form state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cadman, of Registry 84-6000582 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, airport 39-26, 114 (a).
Goods Rejected, GOODS REJECTED due to failure to meet specifications, either what shipped or due m defma of
damage in hamn, may be ratumc l to you for credit and art not to be replaced except upon receipt of wrinm
momentum, from the City of Fort Collins.
Inspection. GOODS art snbject to the City of Fan Collins migration on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment t response to this order an result in
authorial payment on the pan of the City of pan Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable ne, iced inspection procedure.
I'reight Teats. Shipments must be F.O.B., City of Too Collins, 200 Wood St., Fort Collins, CO 80522, unless
otherwise specified on this ooler. If permission is given to prepay freight and charge separately, the anginal freight
bill most accompany invoice. Additional charges for Packing will rim W acepted.
Shipment Distance. Where manufmturers have distributing points in various pans of the country, shipment is
expected fmm the natter distribution Point a dostiwion, and excess freight will M deducted f Invoice when
shipments an, made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and Earners; rtquirnd by all
applicable laws, regulations, ordinances and ales Of the state, municipality, around, or political subdivision where
the work is performed, or required by any other duly constituted public maturity having jurisdiction over the work
of vend., Sella further ngrea m hold the City of Too Collins harmless from and against all liability and loss
incurred by them by reason of an .asserted or established violation of any such laws, regulations, ordinances, rules
and fequirements.
Authorization. All panics to this contract agree that tho rcpresenatives are. in fuel. born this and possess fall and
complete smhanly to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance I. the rem¢ and conditions sound
herein set foub mot any supplementary or additional terms and conditions amexed treat. or incaryomted herein by
reference. Any additional or di@rent tams and mnditimax proposed by seller are objected to and hereby rejected.
2, DELIVERY.
PLEASE ADVISE PURC14ASING AGENT immediately it you cannot make complete shipment to arrive on your
promised delivery data as noted. Time is of the essence Delivery and performance most be eft'ected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance i f partial late deliveries, shall operate as a waiver oftl, provision. In the event crony delay,
the Purchaser shall have, in addition to other legal and equitable remedies the option of placing this order elsewhere
and holding the Sella liable for damages. However, the Seller shall tut be liable for damages as a result of delays
due to causes not reasonably fineumble which are beyond its reasonable comol and without its fault of negligence,
such ace of Good, acts ofeivil or military authorities, govemmenul proddia,Ems, stokes 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 domal In the event of my such delay, the date of delivery shall be
extended for the period equal at he time actually lost by reamer office delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this color will conform with applicable
drawings, specifications, samples aM/or other descriptions gleam will be Fit for the purposes ttmdcA aM
performed with the highest degree of care and compai me in sccmdmce with accepted standards for work of a
similar moue. The Sella officers to hold to purchaser hamd. fmm my loss, damage or expense which the
Purchaser may suffa or imur on account of the Sellers breach of.tf. The Sella shall replace, repair or make
good, without over m she Purchaser, my deli a, of fault arising within one (1) ysear or within such longer period of
time as may be presented by law or by the tenons of my applicable monetary provided by the Seller after the date of
ccepance of to goods famished hercuider (acceptance not to h unreasonably delayed), resulting from imperfect
or detective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall at
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase viola, the Sellers
liability hereunder shall extend to al I damages proximately caused by the breach of any of the foregoing waranties
or gmarmters, but such liability shall t no event include Ions of profits or lose of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchases may make changes to legal arms, by wrinm change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser
may make any changes to the reaar d. after than legal terms, including additi ns to m deletion, from
the goanridesoriginally android in the specifications or drawings, by verbal Or written change order. If any such
change affects the amount due or the time or,atioammre hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchases may at any time by warm change made, terminate this quarters as to any or all panions of the
goods then tut shipped, subject to my equitable adru mear between to parrtim as to any work or materials then in
process pmvided than the Purchaser shall not be liable for any claims for anticipated profits on the tatempleted
ponian ardor gander andtor work, for burden.) or catsequemial damage, and drat no such adjustment be made in
favor of the Seller with respect m my goods which ate the Sellers standard areas. No such termination shall relieve
the purchaser or the Sella ofany oftheir obligations as do any Good delivered heeunda.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the things or armination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella somna that all goods sold hereu shall have barn produced, sold, delivered and famished in inner
compliance wit all applicable laws and regulations Ie which the goods are subject. The Seller shall exe ante and
deliver such documents as may be required to effect or evidentt compliance. All laws and regulations required to No
nrm,mated in agreements of this character are hereby imempomred herein by this rcRrence. The Sella Opfers to
indemnify and hold the Parchment harmless from all rosy and damages sufFered by the Purchaser ns a result of she
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the
prior wormer consent ofthe other parry.
I O. TITLE.
The Sella wmreva full, clear and tmmmficted ide to rise Purchnur for all aryipmmd, muter ra, and Items famished
in pert tt of this agreement, free and It. of any and all liens, restriciortc reservations, ucumy ordered
emumbrenca and claims o f others
11. NONWAIVER.
Failure of the Purchaser to insist upon strict pedbrmantt of the terms and conditions hersor, failure or delay to
excent any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach the acceptance for payment for goods hereunder or approval of due design, shall not release the Seller of
any of the maintains or obligations of this purchase order and shall not be, deemed a waiver of any fight of the
purchaser to insist upon snot performance hereofor any of its rights or remedies as to any such goads, regardless
of what shipped, received or mttpred, as to any prior or subsequent default harasser, not shall my ptuponed
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the temp
heraf.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in annul economic practice, overcharges resulting from antitrust
violations we in fast Some by the Purchaser. Theretofore, for good cause and as consideration for examine this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hermfter
acquired under federal or state antitrust laws for such overcharges muting to the panicolar goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser i irecs the Seller to correct nomenfeaming or defective goods by a date to be agreed upon by the
Purchaser and the Sella, and the Seller thereafter indicates its inability Or unwillingness to comply, the Purchaser
may cause the weak to be performed by the most expeditions means available at it, and the Seller shall pay all
wars assouared with such work.
The Sella shall release the Purchaser and its coutmmors of any tier from all liability and claims of any namm
resulting from the performance of such work.
This release shall apply coca in the event Of fault of negligence of the parry coleased and shall extend to the
direnors, olfcas and employees of such P.M.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
smh work is perfomand or mused to be performed by the Purchaser.
14. PATENTS. .
Whenever the Seller is expired to use any design, device, material or process covered by letter, pmrnt, trademark
or copyright, the Seller shall indemnify and save Mardian the Purchaser fmm any and all claims for infringement
by reason of the use of such pmmted design, device, material or process in connection with the contract, and
shall indemnify the Pnrchaser for any cost, expenm 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 the work. In case said equipment, or
any pan thereof or the intended use or the goods, is in such suit held to constitute infringement and 'he use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at in option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
mninfringing equipment, or modify it so it becomes nanlnBlnging.
15. INSOLVENCY.
If the Sella shall berme insolvent or bankrupt, make an assignment far the bereft of creditors, appoint e
receiver or course for any of the Sellers property or business, this order may fonhwith be canceled by to
Purchaser without liability.
16. GOVERNING LAW.
The definitions of.. used or the interpretation of the agreement and the rights of all parties hertmder snail be
comamed under and governed by the laws oft, State of Colomdo,USA -
The following Additional Condaime, apply only in anus where the Seller is to perform work hereunder,
imluding the services of Seller Repreuvative(s), on dictionaries craters.
12. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at saces own risk until to same is fully completed and accepted, and shall,
in e of any accident, destruction or injury to the work andror marefiaB before Seller's final completion and
mcepmnce, complete the work at Seller's owe expense and to the satisfaction of the Purchaser. When materials
and equipment are domishM by others for installation or ert<Oon by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials mNor equipment
were being famished by the Seller under to order.
18. INSURANCE.
The Sella shall, at his own expense, provide for to payment of workers compensation, including Occupadanal
diume benefits, so its employees employed m or in connection with the work marred by this purchase order,
ani I. their dependents in accordance with to laws of the state in which the work is to he don,. The Seller
shall also carry comprehensive general liability including, but nor limited to, contractual and automobile public
liability imurmce with bodily injury and death limits of ad Icut S300,000 for any one person, S500,000 for my
one accident and property damage limit per accident of $400,000, The Seller shall likewise require his
contractors, if any, to provide for such compematlon and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall furnish to Purchaser with a certificate
that such compensation and insurance have been provided. Such anomalies shall specify the date when such
omperaation and routines base been provided. Such cedifrsta shall specify the dare when such compensation
and insnrmce expires. The Sella agrees that such compensation and insurance shall b, maintained unit after the
entire work is mmplaed and arric led-
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire responsibility and liability for any and all damage, lass or injury rany kind
or nature whatsoever to persons or property caused by or resulting from the execution cribs work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my
r all of the Purchase. officers, again and 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
No put or subject by commit of any act, acim, neglect omission or default on the part of the Sella. any of his
contacmq or any of the Sellers or commctms ofree.. agents Or employees. In eau any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contraclors or my of its or
their officers, agents or employees as aforesaid, the Sella hereby agree to asinine the defense thereof aed to
defend the same at to Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its m ter, officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
Obtained against to Jumped, of the Purchase, or said panics in or as a result croon suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contmavirs shall take all safety preaum e, famish and install all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, to
Occupational Safety and Health Act of 1920 aM all ales said regulaniom issued pursuant thereto.
Revised 02f2014