HomeMy WebLinkAbout110986 FORT COLLINS WINLECTRIC CO - PURCHASE ORDER - 3215312City of
Fort Collins
Date: 01/13/2015
PURCHASE ORDER
Vendor: 110986
FORT COLLINS WINLECTRIC CO
1616 RIVERSIDE DR
P O BOX 271005
FORT COLLINS CO 80527-1005
PO Number Page
3215312 1of2
This number must appear
on all invoices, packing
sli sand labels.
Ship To: TRAFFIC OPERATIONS
CITY OF FORT COLLINS
626 LINDEN STREET
FORT COLLINS CO 80524
Delivery Date: 01/13/2015 Buyer: JOHN STEPHEN
Note:
Line
Description
Quantity UOM Unit Price
Ordered
Extended
Price
1 Construction Supplies
1 LOT LS
THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS
AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR.
DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE
TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES.
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
20,000.00
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
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City ofFort Collins is exempt from state and local taxes. Our Exemption Number,,
11, NONWAIVER.
99-04502. Federal Excise Tax Exemption Cenifeate of Registry 84-6000587 is registered with the Collector of
Failure of me Purchaser to insist upon strict performance of me terms and conditions hereof. failure Or delay to
learned Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26. 114 (a).
exercise any riPJtu or remedies provided herein or by law, fall are to promptly notify me Seller in the event of a
breach, the acceptance Ofor payment for goods hereunder or approval of the design, shall not release me Seller of
Goods Rejected. GOODS REJECTED due to failure a meet specifications, either when shipped or due a defeats of
any of the warranties or obligations of this purchase order and shall not be deemed a waver of any night of the
damage w must, may be, rehuoed a you for credit and are per to be replaced exeept upon receipt of women
purchaser a insice room strict performance hereof or any aide rights or remedies as to any such goods, regardless
instructions from the City effort Collins.
of when shipped received or accepted, as to my prior or subscqume default hereunder, nor shall my pumoned
Ord modification or rescission of this purchase order by me Purchaser operate as a waver of my of the terms
Inspection GOODS are subject to the City of Fort Collins inspection On arrival.
hereof
Final Acceptance. Receipt of the merchandise, se or equipment in response to this order cm result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
wthoti d payment on the pan of the City of Foe Collins. However, it is m be understood thatFINAL
Seller and she Purchaser recagnize that in actual economic practice, overcharges resulting from mtitmst
ACCEPTANCE is dependent upon compleion of all applicable required inspection procedures
violations are in fact home by the Purchaser. Theretofore, for good cause and as mnsderation for exacerbate this
purchase ordeq fire Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter
Freight Terms. Shipments most be F.OB., City of Fort Collins, 700 Wood Se., Fort Collins, CO 80522, unless
acquired under fedeN or stare arb un laws for such overcharges relating as are particular good or services
otherwise stratified on this order. If permission is girth to prepay freight and charge separately, the original freight
purchased or acquired by the Pmchaver pursuanrto this purchase order.
bill most meompany invoice. Additional charges for packing will nor be accepted.
Shipment Distance. Where manufacturers have distributing points in vanous pans of the country, shipment is
expected from the merest dismlbution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Peoria. Seller shall procure at sellers sale war all necessary permits, cenificate and licenses required by all
applicable laws, regulations, ordinance and rules of the state, municipality, ternary or political subdivision where
See work is performed, or rryared by my other duly contiased public authority having jurisdiction over fire work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or emablished violation of my such laws, regulations, ordinances, roles
and requirements.
Authorization. All parties to this connect agree that the repres,nulive are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly Brats ace gamor to the terms and con iiecns steed
herein sm forth and my supplementary or additional emus and conditions witnesses] hereto or incorporared herein by
reference. Any additional or different terms and commoner proposed by seller are objected a and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment a arrive on your
promised delivery date as noted. Time is of the essence Delivery and performance must be effected within the time
stated on the purchase order wit the documents matched hereto. No acts of the Purchasers including, without
limitation, acceptance of pafaal lee delivede, shall operate as a waver of this provision. In the event ofany delay,
the Purchaser shall have, in addton m other legal and equitable remedies, the creep of plating Nis order elsewhere
and holdng the Seller liable for damages. However, me Seller shall not he liable for dame le as a result of delays
due as causes nor «asonday homemade which are beyond its reasonable control and without its fault of negligmew
such sets of God, acts of civil or military amhonows, goverammul pnomies, firas, takes, food epidemics, wars or
note provided that notice of the conditions causing such delay Is given to me Purchaser tin thin five (5) days of the
time when the Seller first received knowledge thereof In the event Of any such delay, the date of delivery shall be
extended for me period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
dmwings, epacificarims, samples anbor other dose..... given, will he fit for Ne purposes moandea and
performed with the highest degree of care and wmpemce in acwrdmce with weepy d tandard for work of .
imilar names. The Seller agree to hold Ne purchaser harmless from my loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of wanmty. The Seller shall replace, repair or make
good, without cost to the purchaser, my defects Or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by me terms of my applicable warranty provided by the Seller after the date of
acceptance of the good famished hereunder (acceptance not to be unreasonably delayed). resulting from imperfect
or defective work done or ramenas famished by me Seller. Acceptance or use of good by the Parchemr shall not
consulate a waiver of my clam under this wommty. Except as otherwise provided w this p ndurse order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing wanmties
Or guarantees but such liability shill 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 Purchaser may make changes to legal terms by wrinen change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to the temrs, other that legal arms, including additions a or deletions from
the qummies originally ordered in des acifcau air or drawings, by veNal or worm change order. If any such
charge affects the amount due or the time of meg perfmmce hereunder, an wtable adjustment shall be made.
6. TERMINATIONS,
The Purchaser may an any time by women change order, laminate this agreement as to any or all portsof me
good that not shipped, subject to my equitable adjustment between the patties as o my work or materials then in
progress provided that are Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
station of the gwd moor work, for incidental or wnsequendal damages, and that no such adjmament be made in
favor of the Seller with respect a any goods which are are Sellers managerial suck. No such commotion shall relieve
the Purchaser or Ne Seller of my of diner obligations az a any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within rainy (30) days from the date the change or termination is
ordered.
taw COMPLIANCE WITH LAW,
The Seller warrants Nat all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with ill applicable laws and regulations a which the gmd arc sub acr. The Seller shall execme and
deliver such daumm a as may be T,gwred to effect or evidence compliance. All laws and regulations regard o be
ncorporated in agreements of this character are hereby inorwrated herein by this reference. The Seller agrees as
indemnify and bold the purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply what such law.
9. ASSIGNMENT.
Neither party shall assign, weeper, or convry this order, or my monies due or to become due hereunder without the
poor ante consem of the cater parry.
10. TFTLE,
The Seller warrants full, clew and unrestricted tide to the Purchaser for all aquVpmenk materials, and items famished
in performance of this agreement free and clear of my and all liens, rasancrons, reservations, security interest
encumbrances and claims of mher,
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to camera nonconforming or defective good by a date a be agreed upon by me
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness o comply, the Purchaser
may cause the work a be performed by the most expeditors means avelable to it and the Seller shag pay all
costs associated with such work.
The Seller shall Maas the Purchaser and its convacrrs of any tier from all lu biliry and claims of my native
endr ng from are performance of such work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend a me
directors, officers and employees of such trw,
The Seller's contractual obligations, including warranty, shall not be deemed at be reduced, in my way, because
such work is Performed or caused a ed Performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required a use my design, device, materil or prays covered by lever, patent trademark
of wpynght. the Seller shall indemnify and save hemdess the Purchaser from any and all claims for infringement
by reason of me use
e of such featured design, device, material or process in connection with the common, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at my time during the prosecution or after the complation of the work. In case said equipment, or
my pan thereof or the intended use of the goods, is in such suit held to constitute iafnngemmt and the use of
said equipment or part is enjoined the Seller shall, at its own expense and at its option, either practice for the
Purchaser the right or continue using said aquipmmt or pans, replace the same with achimmially equal but
roninGn@n, eq.,pmmL or modify it so it becomes mninGnging.
15, INSOLVENCY.
If the Seller shill become insolvent or bankmpt make an assignment for the benefit of creditors, Variant a
receiver or musts, for my of the Sellers property or business, this order may forthwith be canceled by due
Purchaser w aacal liability.
16. GOVERNINGLAW.
The definitions of terms amid or the interpretation of the agreement and Ne fights ofall parries hereunder shall be
cumtrued coder and govemed by the laws of me Sate of Colorado, USA.
The following Additional Conditions apply only in cases where th< Seller is in perform work hereunder,
including the services of Sellers Repreenutiva(s), on the premises of others.
14. SELLERS RESPONSIBILITY.
The Seller mail carry on said work at Sellers own risk mail fire same is fully completed and accepted and shall,
in use of my accident, destmcaon or injury to the work and/or materials before Sellers final completion and
accope ace, complete the work at Sellers own expense and a the sadsf ctim of fie Purchaser. What mate rd,
and equipment are famished by others for installation or erection by fire Seller, rate Seller shall naive, unload
sore and handle same at fire site and become responsible therefor as though such materials tabor equipment
were being famished by the Seller under Ne order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
doeme benefits, to its employees employed on or in connection with the work covered by this purchase order,
arbor an their dependents in accordance with the laws of the sate in which the work is to be done. The Seller
dull also carry comprehensive geneul liability includn& but not limited w, contractual and automobile public
liability insurance with hardly injury and deeds limits of at least S300,am for try one t ersoq $500,000 for arty
one accident and property damage limit per accident of SIN.000. The Seller shall likewise require his
rnmra hers, if any, to provide for such compensation and inswmce. Before any of the Sellers or his com m ors
employees shall do my work upon the premises of others, late Seller shall famish me Purchaser with a certified,
that such compensation and insurance have been provided Such cenificates shop specify the data when such
compensation and insurance have been provided. Such cadif cater shill specify the date when such compensation
and in expire. The Seller agrees that such compereation and insurance shall be mztmmmed cool after me
write work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the more respareibiliry and liability for any and all damage, less or injury of any kind
or nature whaftema r to permits or property, caused by or resulting from the execution crate work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my
or ail of the Purchasers officers, agents and employees Tom and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property m which the Pum.hazer may
be put or subject by reason of any act action, neglect, omission or default on the part of the Seller, my of his
macars, or my of the Sellers or contractors officers, agents or employeeti case my suit or other
pocesdngs shall be brought agaittsa the PurchsseL or its officers, stamps or employees in my time an account or
by reason of my act anon neglect omission or default of the Seller of my of his contractors or my of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees o assume the defense thereof and to
defend the same at the Sellers own experts, or pay my and all costs, charges, anomeys fees and other expenses,
my and all judgments that may be incomed by or obtained against are Purchaser or my of its or their oficers,
agents or employees in such suits or other pmceedings, and in Gaze judgment or other two be placed upon or
obtained against the property rf the Purchaser or sad parses in or as a result of such suits Or other proceedings,
are Seller wit al once cause the same a be dissolved and discharged by giving bond or otherwise. The Seller and
his contraars shall take all safety precautions, famish tad intall all guard necessary for the prevention of
accidents, comply with all laws and regulation with regard a safety including but without limitation the
Occupational Seery and Health Act of 1970 and all toles and regulations issued pasuant Hereto.
Revised 0712014