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HomeMy WebLinkAbout110986 FORT COLLINS WINLECTRIC CO - PURCHASE ORDER - 9150628Fort Collins Date: 01/27/2015 PURCHASE ORDER Vendor: 110986 FORT COLLINS WINLECTRIC CO 1616 RIVERSIDE DR P O BOX 271005 FORT COLLINS CO 80527-1005 PO Number Page 9150628 1of3 This number must appear on all invoices, packing sli s and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/27/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price i 9015-5528 50 EA 13 terminal meter socket 90155528 16F4 METER SOCKET, 13 TERMINAL, RINGLESS WITH 2 PIECE LID AND TEST SWITCHES, WITH MULTI -SIZE KNOCKOUTS FOR 1" CONDUIT ON SIDES, BACK AND BOTTOM, AND WITH A TOP OPENING FOR CONNECTION OF A 1" WEATHERTIGHT CONNECTION (COVERED BY A WEATHERTIGHT PLATE), SOCKET TO BE CONSTRUCTED OF 16 GAUGE GALVANIZED STEEL OR BETTER, SOCKET TO BE WIRED FOR A 9S METER, WIRE TO BE COLOR CODED PER LIGHT & POWER SPECS., #12 COPPER, WITH 90 DEGREE C INSULATION OR BETTER, TEST SWITCHES TO HAVE INSULATING BARRIER BETWEEN EACH POTENTIAL SWITCH, POTENTIAL SWITCHES TO BE DEAD -BLADE WHEN OPENED, POTENTIAL SWITCHES TO BE ON THE LEFT NEUTRAL BAR (OR SWITCH) NEXT, AND THEN CURRENTS WITH THE RETURN FOR EACH CURRENT NEXT TO CURRENT SWITCH) ON THE RIGHT, COLOR CODING TO HAVE GREEN FOR ALL CURRENT RETURNS, NEUTRAL AND GROUND, POTENTIALS TO BE (L TO R) RED, WHITE STRIPE, BLACK, CURRENTS TO BE (L TO R) ORANGE, YELLOW, BLUE. TEST SWITCHES TO HAVE SCREW TERMINALS. MILBANK MFG, S7449-XL-1111 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 iNY�d�I�B��Z�Irxrb7 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 City of Fort Collins PURCHASE ORDER 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.wrn PO Number Page 9150628 2of3 This number must appear on all invoices, packing sli s and labels. 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 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By slam, the City of Fan Collins is exempt firm sure and local lawn. Our Exemption Number is I L NON WAIVER. 98 04502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector of Failure I'Ne Purchaser to insist upon said performance of the ¢m¢ vM wndiaws hereof. failure or delay to Intervl Revenue, Denver, Colorado (Ref Colomdo Revised Samurai 1973, Chapter 39-26. 114 (a). exercise any nghs or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor irrigated fer guests hereunder or approval ofthe design, shall not release the Seller of Goods Rejected, GOODS REIECTED due to failure to meet specifications, either when shipped or due to dealers of any of the warranties or obligations of this purchase order and shall not be devoted a waiver of any right of the damage is transit, may be mumd to you for credit and are at to be r,loved except upon mceipa of written purchaser to insist upon strict performance harmfor any of its rights or remedies m to any such gouda. regardless inswetions firm the City of Fort Collins. of when shipped, received or accepted, is, to any prior or subsequent default hereunder, nor shall any purported oral nmdi femur or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject o the City of Pon Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authoneed WMr., on the pan ofthe City of Foe Collins. However, it is to be undemood thus FINAL Seller and the Purchaser recognize that in moral economic makes, overcharge resulting from animal ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fan Nome by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Temu. Shipments most be P.O.D., City of To. Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or sate satiwst laws for such overcharges aiming w the particular goods or services otherwise mmifid on this aide,. If permission is given to prepay freight it charge separately, the original freight purchased or acquired by the Purchaser pursuant to this pumhau order. bill most mcompeny inwice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. .permits far. ame. Where manufacturers poi have ells ation,ng d excess in night pans of the country, voice hett is IfflPurchaser Per and the dirtcler, r ad then m Seller tha nonconforming indicates or defediy or unwillingness goods by ants to be agreed a on Prod the expa,J from the nearest distribution ceim m destination, and excess freight will ho deducted firm Invoice wM1m Purchaser and the Seller, and the Seller y the most its inability or unwillingness, he Sell, the Purchaser shipments arc made firm greater distance. may cause the work m be performed by the moil expeditious ,cans available to i, and the Seller shall pay all costs ass«fated with such work. applicable Seller shall procured Belle, sole wit all necessary marinpermits, , wriftary and licenses required w all applicable laws, regulations, ordinances and roles of the slste, municipality, territory air ljurisdi ion over tit where the condo is performd, or required by any otherdutyof Far, public authority farm are[ al win J.11 lies over the work in vendor. Seller further agrees to bold d o City of Fort Collins hornless firm and regulations sell liability and Ions incurred by Them by reason of m asserted or established violation of any such laws, regulaions, ordinances, rules and requirements. Automation. All parties to this contract agree fait ❑rc representatives arc, in fan, tom file and possess Nil and complete majority w bind said team. LIMITATION OF TERMS. This Purchase Order expressly Timis acceptance as the ,ors and conditions stated jercin set foM and any supplementary, or additional arms aM conditions mmexed hereto or incmpomted herein by reference. Any additional or different tears and conditions proposed by seller arc objected to and hereby myened. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately if you cannot make complete shipment In arrive on your promised delivery dine as noted Time is of the essence. Delivery and performance muss be carried within the time stated on the purchase order and the documenis xawlaed hereto. No acts of the Purchasers including, without Inanition. uccep,nre c f partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the PurcM er shall have, in addition to other legal and equitable remedies, the option.1 placing this oNer elsewhere and holding the Seller liable for damegu. However, the Seller shall not be liable fur damages m a retail of delays due to causes act reasonably foreseabla which oa beyond its rtasomble control and without its fault of negligence, such acts of God, acts of civil or military euthwilies, g wer mental priorities, fires, strikes, Bowl, epidemics, wars or riots provided that aol{e of the conditiam causing such delay is given to the Purchaser within five (5) days of the time when the Seller find received knowledge thareaf. In the eve, of any such delay, the dire of delivery shall be extended for the period ryml w the time actually bar by reawn ofthe delay. 3. WARRANTY. The Seller warrants that all good. art materials teed work covet d by this order will conform with applicable drawings, specifications, samples antler other descriptions given, will be fit for the purposes intended, and performed with the highest degree of can and competence in accordance with accepted standard f a work of a similar nature. The Seller agrees to hold the purchaser harmless firm any lass, damage or expense which the Purch err may suffer or incur on account ofthe Sellers breach of waranry. The Sella shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terns or any applicable wor ity provided by the Seller man, the dace of acceptance of the good furnished hereunder (acceptance not w be unreasonably delayed), resulting firm imperfect or defective work done or malmi ds famished by the Seller. Acceptance or use of goods by the Purchase, shall rat con timm a waiver of my claim seder this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend m all damage proximately caused by the branch of my of the foregoing wmmatin or guarantees, but such liability shall in no event include loss of profits w loss of are. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tams by written change order. S. CHANGES M COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions w or deletions farm the quantities originally ordered in the specifications or drawings, by verbal or wall, change order. If any such change effects the mamew due or the time of performance hereunder, an equitable adj trainman shall be mad,. 6. TERMINATIONS. The Purchaser may at any time by writ change order, terminate this agreement as to nay or all portions of the Boot, then not shipped, subject to any equitable adjustment between the parries as to any work or materials then in progress Prustled rbar Ne P.mha err shun ram be liable for any claims for anticipated Profits on the unonmpleN portion ofthe goods soldier work, for incidental or consequential damages, said that no such adjustment be made in favor of the Seller with airport to any goods which arc the Sellers standard stock. No such momentum shall relieve the Purehaxr or the Seller ofmy farm obligmiom as Ire any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjustment must be mimed within thirty (30) days farm the dam the change or ¢rminatim is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict oraidinnre with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to anal or evidence compliance. All laws and regulations required to be inmrpormed in agreements of this character are hereby incorporated herein by this Tanana. The Seller agree w indemnify and hold the Purchaser harmless from all costs and damages suffered by the Pumhmer ns a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither perry shall assign, vansfeq or convey this order, or any monies due or to become due hereuder without the pairs written wmmt of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the PmeM1aser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, owrictions, reservations, wasw ity interest encumbrances and claims of others. The Seller shall real mse the Purchaser and its canaranmm of any tier from all liability and claims of any nature resulting firm the perfommonce ofmch work. This release shall apply even in the event of fault of negligence of the party relemd and shall extend w the wervea ts, office. and employees of mch pang. The Sellers contractual obligations, including waminty, shall act be deemd to Ire reduced, in any way, because such work is performed or caused to he performed by the Purchaser. is. PATENTS. Whnanar the Seller is acquired to use my design, device, material or process covered by letter. Patent, aademark r copyright, the Seller shall indemnify and save hairless the Purchaser farm any ad all claims for inGrirgement by reason of the use of such patented design, device, material or process in connection with the 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 partnmtion or after the completion of the work. In case said equipment, or any pan thereof or the intended mse of the goods, is is such .it held to constitute infringement and the use of said equipment or pan is enjoined, the Soler shall, at its own 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 bur noninfringing equipment, or modify it so it becomes noninfringing. IS. INSOLVENCY. If the Seller shall become insolvent or baukmpt, make an assignment for the benefit of ,.reckon, appoint a or ttmtee for my of the Sellers property or business, Nis maker say foMwith be canceled by the Purchaser witla ,liability. 16. GOVERNING LAW. The definitions of terms used or the imermidur ion of the agrcemenr end the rights of all parties hereunder shall be co rimed under and govcmed by the laws ofthe Slate of Colomdo, USA. The fallowing Additional Conditions apply only in ri se e Seller is to perform work hereunder, including the services of Sellem Rcmwvww ive(s), an thecases premises ofathers. 17. SELLERS RESPONSIBILITY. The Seller shall carry, on said work at Sellers own risk until the same is fully completed and accepted, and shall, n case of any accident, destruction or injury to the work aMlor materials before Sellers final completion and scommece, complete the work at Sellers own expense and as the satisfaction of the Purchaser. When materials and equipment core fumisbd by others for installation or erection by the Seller, the Seller shall receive, unload, store and hurdle same it the site am become responsible therefor m though such nor a mb ani cgrianew were being fumishd by the Seller order the order. 18. INSURANCE. The Seller shall, at his owns expense, provide for the payment ofworkers compensation, including oavytional disease berafiu, to its employes employed on or in connection with the work covered by this pumhau order, wager to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also may comprehensive general liability including, but not limited to, contractual and mmmobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, $500,000 for any on accident and property damage limit par accident of S400,000. The Seller thill likewise require his ontractors, iI say, 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 Formula the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the data when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller area that such countertenors and inamvrce shall he maintained until .tier the .it. weak is completed and acaptd 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability far any and all damage, loss car injury ofmy kind r nature whatsoever to persons or property ..it by or resulting farm the execution ofthe work provided for in this pumhau order or in wmection herewith. The Seller will indemnify and hold homers the Purchaser and my r all of the Purchaers officers, agents and employees from and against my mM all claims, losses, damages, charges or expenses, whether direct or indirect, and whether w persons or property, to which the Purchaser may be put or subject by reason of my act, 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 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 contractors or any of its or their officers, agents or employees as shouted, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, amamrys fees and other expenses, my and all judgmenu that may to incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other pmecedings, and in case judgment or other lim be placed upon or obtaind again. the propere, ofthe Purchaser, or said parties in m m a result of smh suits or other pracedmigs, the Seller will at once cause the same to be diawlvd and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, f ish and imall all guard vaessary for the prevention of accidents, comply with all laws wand regulations with armed to safety including, but without limitation, the Occupational Safety and Health Act of 1920 and all roles and regulations issued pursuant therew. Revised WO014