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HomeMy WebLinkAbout110986 FORT COLLINS WINLECTRIC CO - PURCHASE ORDER - 3215213PO PURCHASE ORDER 321521 Number Page City. of PURCHASE 3215213 t of 2 ' `t Collins I ns This number must appear ` " on all invoices, packing sli s and labels. Date: 01/12/2015 Vendor: 110986 Ship To: WATER UTILITIES FORT COLLINS WINLECTRIC CO CITY OF FORT COLLINS 1616 RIVERSIDE DR 700 WOOD ST P O BOX 271005 FORT COLLINS CO 80521 FORT COLLINS CO 80527-1005 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON Note: 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. Line Description Quantity Ordered UOM Unit Price Extended Price 2015 Blanket Order 1 LOT LS 60,000.00 Misc. electric supplies 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. COMMERCIALDEPAILS. Tax exemptions. By statute the City ofFort Collins is exempt from more and local tams. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with Me Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof failure or delay to Internal Revenue, Deaver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, Ili (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event Of. breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release Me Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped Or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waver of any right of the datsge in twat may be rammed no you for credit and are net to be replaced except upon receipt of wrinen purchaser to insist upon strict performance heal for any of its tights or remedies as in any such good, regardless insnwons from the City of Fon Collins. of when shipped, received or accepted, as many prior or subsequent default hereunder, nor shall any puryoned oral modifwtim or rseission of this purchase order by Me Purchaser operate as a writers of any or the terms, Inspection GOODS are subject to the City OfFort Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response in this order can r esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS mth. wilmnd payment on e pan of the City FoFortCollins. However, it is to be understood thatFINAL Seller and the Purchaser rewgniu that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection proceduresviolations are in fact home by the Purchaser, Theretofore for good cause and to consideration for execuing this purchase order, the Seller hereby cosigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F 0 B., City of Fort Collins, 700 Wood St, Fort Collins, CO 90522, unless acgulred Order federal or in= antitrust laws for such overcharges relating in the particular good or services othervim apmifted on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by Me Purchaser pursuant to this purchase order, bill main accompany invoice. Additional charges for Waking will Out be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment finance. Where manufacturers have duardoting paints in various Pans of the country. shipment is If Me Purchaser chmars the Seller on cornet nonconforming w defective grad by a date to be agreed upon by the empmred from the nearest distribution Or, to damnation, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness in comply, the Purchaser shipments are made from greater distancemay 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 sale eon all necessary permits, cenifcams and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory, or political subdivision where Me work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vrnde, Seller bather agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by remain of an asserted or established violation of any such laws, regulations, ordinances, cols and fix marnrnts. Authoncesion. All parties to this contract agree that the represmutives are, in fact, bona fide and possess full and complete audtodty in bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to Me temrs and conditions stated herein set moth and any supplementary or additional terms and conditions annexed herein or Incoryorated herein by reference. Any additional or different remits and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediarely ifyou cannot make complete shipment m anteater your promised delivery date as noted. Time is of the essence. Delivery and onliomwce must be affected within the time saved con Me purchase order and de documents coached hereto. No was of the Purchaars includin& without limitation, acceptance of pmial late deliveries, shall Operate as a waiver of this provision. In the event of my delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of plating this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes 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, governments] priorities, fires, strikes flood epidemics, wars or not, provided than notice of the conditions causing such delay is given m Me Purchaser within five (5) days of the time when the Seller firm received knowledge thereof. In Me event army such delay, the date of delivery hall be extended far the period equal to the time actually lost by rates. of the delay. 3. WARRANT', The Seller warrants that all good, art materials and work covered by this order will conform with applicable drawings, specifications, sampler and/or other descriptions given, will be GI for the proposes intended, and Performed with the highest degree of care and competence in accordance your accepted standards for work of a similar nature. The Seller agrees to hold Me purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on amount of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchase, any defects or faults arising within one (I) year or within such longer period of time as may he prescnbed by law or by Me terms of my applicable warrmry provided by Me Seller aver the date of accepwce of the goods famished hereunder (accepwce not to be unreasonably delayed), resulting from imperfect or defective work done Or macerials famished by Me Seller. Acceptance or use of goods by Me Producer shall not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase other, Me Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall 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 legs] terms by wdten change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchser may make any changes to the terms. other than legal tams, including additions in or deletions from Me quantities on&ntlly ordered in Me spmincati.ns or drawing, by vernal or women change order. If my such change affects the amount due or the Time of performance hereunder, an equitable adjustment shall be made. 6 TERMINATIONS. The Purchaser may at any time by written change order. mornme this agreement as to any or all Portions of me good Men not shipped, subject to my equitable adjustment between the parties s or my work or materials Men in progress provided new the Purchaser shell not he liable for my claims for anticipated profits on the uncompleted parson of the good and/or work, for incidental or consummated damages, and that no such adjusment be made in favor of the Seller with respect to my good which are Me Sellers standard! stack. No such termination shall relieve Me Famhaur or Me Seller army of their obligations as to my good delivered herewder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be awned within Mine (30) days from the date Me change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warms that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall secue and deliver such documents as may be mousier to effect or evidence compliance. All laws and regohms. required to be ncomommd is agreements of this character are hereby maoryonted herein by this reference. The Seller agrees as indemnify and hold the Producer mothers from all costs and damage suffered by the Purchaser as a result of Me Sellers f clume to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or move, this order, or my monies due or to become due hereunder without Me prior written consent of the other parry. 10. TITLE. The Seller warrans full, clear and unrestricted tide to Me Purchaser for all a,opmenk maerials, and towns fumished in Performance of this agreem n, use and clear of my and ill liens, restrictions, reservations, smunry interest rncumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liebi lity and claims of any nature resulting from the performance of such work. This release shall apply even f the event of fault of negligence of the parry released and shall expand m the directors, oRcers and employees dsuch parry. The Seller's com.wtual obligations, including waranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lever, prdem, trademark r copyright, toe Seller shall indemnify and save hamdess the Purchases from my and all dims for infringement by reassert of the use of such parented design, device, criminal or process in connection with the commit, and shall indemnify the Purchaser for my eon, expanse or damage which it may be obliged m pay by reams of such infringement at my time during the prosecution or after the complement of the work. In case said equipment or my pan thereof or the intended use of the goods, is in such suit held to constimre infringement and the use of said equipment or pan is enjoined, Me Seller ,ball, w its own expense and at its option, either procure for the Purchaser the right to continue using said aquipmew or parts, replace the same with mbstmtially equal but noninfringing equipment, or modify it so it becomes monfrmoung. 15.INSOLVENCY. If Me Seller shall become insolvent or bankrupt, make an assignment for the benefit of cradiars, appoint a rectiveir or Raise for my of the Sellers property or business. this order may forthwith be canceled by she Purchaser withom liability. 16, GOVERNING LAW. The definitions surname used or Me interpretation of the agreement and the rights of ill parties herewder shall be construed under and governed w the laws of the Sue of Colorado, USA. The following Additional Conditions apply only in cases where Me Seller is to perform work hereunder, including Me services of Sellers Representative(s), on the premises clothiers 17. SELLERS RESPONSIBILITY. The Seller shall carryon said work at Sellefs own risk until Me same is fully completed and accepted, and shall, in case of my accident, daauction or injury to Me work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expanse and to Me samifrinum of the Produce, When maenads and equipment are famished by others for instillation or erection by Me Seller, Me Seller shall receive. unload, score and handle same at Me site and became responsible therefor as though such materials andror equipment were being furnished by Me Seller under Me order. I8. INSURANCE. The Seller shall, at his awn expense, provide for Me payment of workers compensation, including occupational disease benefits, to its employees employed on or in commeeton wits Me work covered by this purchase order, and/or oo their dependents in sommdence with Me laws of Me sure in which the work is to be done. The Sells shall also carry comprehensive general liability includin& but not limited Or. convacttd and automobile public liability insurance with bodily injury and daw, limos of w lust SJOO.000 for any one person, $mwOao far my one accident and property damage limit per accident of S400.000. The Seller shall likewise fix ire his if my. to provide for such uch compensation and in e. Before my of Me Sellers or his raractors employes shall do my work Open Me premises of others, the Seller shall famish Me Purchaser with a camficate that such compensation and insurance have been provided. Such cenifrtates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify Me date when such compensation and insurance expires. The Seller agrees that such compesaton and insurance shall be maintained until after Me more work is completed and accepted. P) PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby wasurnas Me more responsibility and liability for my and ill damage, loss or injury army kind or aware whatsoever to persons or property caused by or resulting from Me execution of the work provided for in Max purchase order w m conaennon herewith. The Seller will indemnify and hold harraess Me Purchaser and my or all of Me Purchasers officers, agents and employes from and against my and all clams, lossee, damages, charges or expenses, whether direct or Indirect and whether to persons or property to which the Purchaser may be pm or subject by reason of my an, action, neglect omission or default on the pan of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against Me Purchaser or is officers, agents or employes at my time an account or by reason of my an, action, neglect, omission or default of Me Sells of my of his contrmmrs or my of is or their oBficam, agents or employes as aforesaid, the Seller hereby agrees in assume Me defense thereof and in defend the same is the Sellers own expma, to pay my and all cows, chugs, anomeyx fees end oMe, expenses, my and all judgments that may be incurred by or obtained against Me Purchaser or my of its or their oRcers, agents or employees in such suits or other proceedings, and in case judgment or other lion be placed upon or obtained against Me property of the Purchaser, or said parties in or as a result of such suits or other proceedings, Me Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take ell safety precautions, furnish and install all guard necessary for Me prevention of accidents, comply with all laws and regulations with regard in safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all cols and regulations issued pursuant Martin Revised 07=4