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HomeMy WebLinkAbout102572 ALTEC INDUSTRIES INC - PURCHASE ORDER - 9957340Date: 12/8/2009 City Collins Page Number: 1 Purchase Order Number: 9957340 Delivery Date: 12/8/2009 Buyer: HUME,JAMES Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: Line Qty/Units Description Extended Price 1 1 LOT 1 Ea. 1800 Watt Pure Sign 2 1 LOT 1 Ea. Aeromotive Automatic Inverter Ground Reel w/40' Ground Cable City of Fort CqlfinDirector of Purchasing and Risk Management This order is duValid over $5000 unless signed by James B. O'Neill II, CPPO 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 1,851.00 1,058.33 Total $2,909.33 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt Gont state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 10-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instruction from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on an ival. Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in nuthorized payment on the pan of the City of Fort Collins. However. it is to be understood that FINAL ACCEPTANCE is dependent upon completion of Ill applicable required inspection procedures. Freight Tents. Shipments must be F.O.B., City of Foil Collins. 700 Wood St.. Pon Collins. CO 80522, unless otherwise specified on this order. If pennission is given to prepay feight and charge separately, the original height bill must accompany invoice. Additional charges fur picking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans ofthe counoy. shipment is expected from the nearest distribution point to destination, and excess fieight will be deducted front Invoice when shipments it made fiom greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable paws, regulations, in and rules of the state, municipality, ten itory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to ]told the City of Fort Collins harmless front and against all liability and loss incured by them by I eason of an asserted or established violation of any such laws. regulations. ordinances, rules and requir emetns. Authorization. All parties to this contract agree that the representatives are, in fact. bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tears and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller ate objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to attire on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. \'o acts of the Pnrch(isQs includim_, within limitation, acceptance ofpatial lae deliveries, shall operate as i waiver of this provision. In the event ofany delay. the Purchaser shall hive, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable fir damages as a result of delays due to causes not resonably foreseeable which are beyond its reasonable control and without its fault ofnegfigence. such ncis of God, acts of civil or military authorities, governmental priorities, fires. strikes. food. epidemics. wars or riots provided that notice ofthe conditions causing such delay is given to the Ptrelaser within five (5) days ofthe time when the Seller first received knowledge thereof. In the event ofanysuch delay. the date ofdelivery shill be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller vinants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended. and performed with the highest degree of care and competence in accordance with accepted standards for work of i similar nature. The Seller agrees to hold the purchaser harmless from any loss. damage or e.cpense which the Purchaser stay suffer or incur on account of the Sellers breach of wan inty. The Seller shall replace repair or stake good, without cast to the purchaser, any defects or faults it within one (I) year or within such longer period of time Is stay to presailxd by law or by the terns ofany applicable warranty provided by the Seller after the date of acceptance ofthe goods firmished hereunder (acceptance not lobe unreasonably delayed), resulting front imperfect m defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except is otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of inv of the foregoing warranties or guuautees, 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 legal terms by written dh:nge order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make nny changes to the terns, other than legal terns. including additions to or deletions fiom the quantities originally ordered in the specifications or drawings. by verbal or written change order. I f any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser stay at any tinge by written change order, terminate this agreement as to any or all portions of the eoods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Prr'CIMSe'shall not be liable for any clains fir anticipated profits on the uncompleted portion ofthe goods and/or work fur incidental or consequential dant'ages. and that no such adjustment be nude in fiavor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my of their obligations is to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast le asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject.'File Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character ate hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchase harmless from all costs and damages suffered by the Purchaser is a result of the Sellers f:aihtre to comply with such law. If and only to the extent this [Agreement] constitutes a "sole source government contract' within the meaning of Article XX V I I I of the Colorado Constitution ("Article XX V I I I"), then the provisions of Section 15 of Article XX V I I I are hereby incorporated into this [Agreement]. In such a case, if the [Contactor) m any other person who is a "contract holder" as defined in Section 2(4.5) of Article XXVIII intentionally violates Section 15 or Section 17(2) of Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source govenumeat contract, or public employrment with the state of Colorado or any of its political subdivisions. lot three years. 9. ASSIGNMENT. Neither party shall assign, transfer or convey this order or any monies due or to become due hereunder without the in written consent of the other party. The seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and itents furnished in [let lbrmance of this agreement. fine and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofbthecc. I L NONWAIVER. Failure of the Purchaser to insist upon strict perfornmce of the tents and conditions hereof• failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of ur payment tingoods hereunder or approval ofthe design. shall not release the Seller of any of the (varranl ies or obligat ions of this purchase order and shall not be deemed a waiver of any right ofthe purchaser to insist upon strict performance hereof m any of its rights or remedies as to any such goods, regardless of when shipped. received or accepted. as to any prior or subsequent default hereunder, not shall any purported oral modification or rescission of this purchase oreter by the Purchaser operate as a waiver ofany ofthe terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Se11er antd the I'nell-Mer recognize that in actual economic practice. overcharges resulting fiontantitrust violations are in fact home by the 11urchaser.'I'heeofn'e. fix good cause and is consideration for executing this purchase order. the Seller lie] chy:ssigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or stile anib'ust laws nix such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser' directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the I'urcbaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser play cause• the work to be pertimned by the most expeditious means available to it, and the Seller shape pay all costs associated with such work. The Seller shall release the Purchaser and its conuictors of any tier front all liability and claims of any nature resulting prong the perfintnunee• of such work. This release shall apply even in the event of fault of negligence ofthe pasty released and shall extend to the directors, officei:s and employees of such party. I he SCllet''S coniractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is pe, Jor d or caused to be performed by the Purchaser. 14, PATENTS. Wheneycr the Seller is required to use• nny design, device, material or process covered by letter, patent, undemark or copyright. the Seller shall indemnify and save harmless the Purchser fi ont any and all claints for infingement by reason of the use ofsuch patented design. device, material or process in connection with the contract, and shall indemnify the Purchaser nix any cost, expense or damage which it may be obliged to pay by reason of such inffingentent at anytime during the prosecution or after the completion ofthe work. In case said equipment, or nny pat thereofor the intended use of the eoods. is in such suit held to constitute infringement and the use of said equipment or pan is enjoined. the Seller shall. a[ 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 but non -infringing equipment, or modify it so it becomes non -infringing. 15. INSOLVENCY. I f the Seller shall become insolvent or bankrupt, inlke al assignment for the benefit ofcreditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 10. GOVERNING LAW. ' The definitions of tents used or the interpretation ofthe agreement and the rights of all parties hereunder shall be consulted under and governed by the lams ofthe State of Colorado. USA. The Hallowing Additional Conditions atpply only in eases where the Seller is to perform work hereunder, including the services of Sellcrs Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carryon said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, mpletc• the• work at Seller's own expense aad to the satisfaction ofthe Purchaser. When materials and equipment arc furnished by others lit installation or erection by the Seller. the Seller shall receive. unload, store and handle same ❑t the site and become responsible Iherelix as though such materials and/or equipment were being fi finished by the Scller undertile order. Is'. INSURANCE_. The Seller shall, at his own expense, provide for the payment ofworkers compensation, including occupational disease beuef its. to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also cant' comprchensire General liability including, but not limited to. contractual and automobile public liability instrance with bodily injury and death limits of at least S300,000 for any one person. $500.000 for illy one accident and property damage limit per accident of $400.000. The Seller shall likewise require his contractors. if any, to provide for such compensation and insurance. Belize any ofthe Sellers or his contractors employees shall do any work upon the premises of of her:s, the Seller shall turnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificales shall specify the (late when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTEC`HON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability fur any and all linage, loss or injury of any kind in nature whatsoever to persons or property caused by or resulting fiom the execution ofthe 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 Purchases officers, agents and employees from and against any and all clains, losses, damages, charges or expenses, whether direct or induccl, and whether to persons or property to which the Purchaser may be put or subject by reason of any act. action• neglect, omission or default on n the paofthe Seller. anyofhis contractors• or any ofthe Sellers or contractors officers. agents or emnployees. In case any suit or other proceedings shall be brought against the I'nrchasCr', or its officers. agents or employees at any time on account or by reason of any act, action, neglect, omission or default ofthe Seller ofany of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, illy and all judgments that maybe incurred by or obtained against the Purchaser or any of its or their offices, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, a' said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise Tile Seller and his contractors shall take all safety precautions, furnish and install all guards necessaryfor tile prevention of accidents, comply with all paws and regulations with regard to safety including, but without limitation. the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. 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