Loading...
HomeMy WebLinkAbout182609 COMPET CONSULTING - PURCHASE ORDER - 9111322City of Fort Collins Date: 0310212011 Vendor: 182609 COMPET CONSULTING 2806 CRYSTAL COURT FORT COLLINS Colorado 80525 PURCHASE ORDER PO Number Page 9111322 1o12 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 03/02/2011 Buyer: OPAL DICK N ote: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2011 Consulting Services Blanket 1 LOT EA 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 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 it. 111 11 Total 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. Hy statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenifiente of Registry 84-N)M597 is registered .vith the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised STzntes 1973, Chapter 39-26, 114 (n). Goods Rejected. GOODS REJECTED due to failing to meet specifications, either when shipped or due to defects of damage in transit, may be mounted to you for credit and are not m be replaced except open receipt of written instructions fmm the City of Pon Collins. Inspection. GOODS are subject to the City of Fort Collins inspection carnival, 11. NONWAIVER. Failure of the Pumlmser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by Imo, failure to promptly notify the Seller in the event of a breach. the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the wammics or obligations of this purchase order and shall not be deemed a woivcr of any right of The purchaser In insist upon strict performance hcomfor any of its rights or remedies as n any such good, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purperted oral modification or rescission of this purchase order by the Purchaser operate as ,, waiver of any of the tcmu, hereof Final Acceptance Receipt of the merchandise. .services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins However. it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, merchxrges resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theartofom, 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 hcreaficr Freight Terms. Shipments must be F.O.H.. City of Fort Collins. 700 Rood St. Pon Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges echoing to the panicoh r good or services otherwise specified on this order. If permission is given to prepay freight and eh,,rge sepamtchy, the original freight purchased or acquired by the Purchaser pursuant to this purchase ruder. bill must accompany invoice. Additional charges far packing a ill not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the enuaary. shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination. and excess freight will he deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditions means available to it and the Seller shall pay all costs asaci,tcd with such work. Permits Seller shall procure a1 sellers sale cost all necessary permits, certificates and licenses acquired by all applicable laws, regulations, ordinances and rates of the state, municipality. territory or political sr1xi%ision 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 hold the City of Fort Collins harmless fmm 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 requirements. Authorization. All parties to this contract agree that the representatives are, in fact, ban,, Tide and poses, fill and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance In the tans and conditions stated herein set forth and any supplementary or additional tans and conditions annexed herein or incorporated herein by reference Any additional or different tams and conditions proposed by seller arc objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete .shipment to arrive on you promised delivery date as noted. Time is of -die essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached herem. No act of the Purchasers including, without limitation. acceptance ofpanial hate deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have. in addition to other legal and equitable remedies the option ofplacing 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 arc beyond its reasonable central and without its (null of negligence. such acts of God. acts nfci,il or milinry nalhornics, governmental priorities rims strikes Hood. epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days offlue time when the Seller first received knowledge Thereof. In the event of ary such delay, the date of delivery shall he extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wxmnts that all goods. articles. materials and work covered by this order will cartoon with applicable drawing,,, specifications, samples and/or other descriptions given. will he fit for the purposes intended, and Perfomed with the highest degree of care and eempetcace in aecmrdanec with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace. repair or make good, without cost to the fo rchuse, any defects or faults arising within one (1) year or within site]) Imager period of time as may be proscribed by law ar by The terms ofany applicable "am, my provided by The Scllcr nncr the date of acceptance of The goods furnished herender (acceptance not to he mmreasonably delayed), resulting front imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shill not constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this Imrclvase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach array of the foregoing warranties or guarantees, but such liability shall in no event include Ins, ofpm Pox as Ins, 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 change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any changes to the terms. other than legal toms, including additions in or deletions from the quantities originally ordered in the specifications or drawings. by verbal or written change order. If any such change affect the amount due or the time of performance hereunder, an cqu itahlc adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. Terminate this agreement as to any or all portions of the good then not shipped. subject to any cenitablc adjustment between the panics as to any work or mmenul, then in progress provided that the Purchaser shall not be liable fro any claims far anticipated prom, an the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be owned within thirty (30) days fmm the date The change or lamination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hacienda shall have been produced. sold. delivered and Polished in strict compliance with all applicable Imes and regulations to which the good am subject. The 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 agreement of this character am hercbv incorporated herein by this refcrancc. The Seller agrees to indemnify and hold the Purchaser hapless farm, all cats and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior syrincir consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title Tuttle Purchaser for all equipment. materials, and items fumishcd in performance of this agreement, free and clear of any and all liens restrictions, reservations, security interest encumbrances and claims ofomhcm. The Seller shall release the Purchaser and its contractors of env tier form all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to The directors, officers and employees ofsuch party. The Seller's contractual obligations, including wamnrv, shall not be deemed to be reduced, in any way. because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material of process cowered by letter, patent, tmdcmnrk at copyright, the Seller shall indcm ni fv and save hornless the Purchaser From anv and all claims for in Fri ngcmcnt by reason of the use of such patented design, device, material or process in connection with the contract, and shall indcmni fy the Purchaser for any cam. expense or damage which it may be obliged to pay by reason aFsueh in fringeram t at any lime during the prosecution or a0er the completion of the wf rk. In case said equipment. or any part mcrcof or the intended use of the goods, is in such suit held to constitute infringement and the use of slid equipment Or pan is enjoined, the Seller shall, at its own expense and m its option, either procure for the Purchaser the fight to continue using said equipment or parts. replace the same with substantially equal but non infri name equipment, or modify it m it becomes anninfainging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make ,,n assignment for the benefit of creditors, appoint a receiver ar trust" for any of the Sellers property or business, this order may fmnMyith be canceled by the Purchasereithrod liability. 16. GOVERNING LAW. The definitions officious used or The interpretation ofine agreement and the rights ofall parties hereunder shill be constmed under and groomed by the laws ofthc State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perfrrm work hereunder, including the services of Sellers Represcntatk e(s), on the premises of others. 17. SELLERS RESPONSIBILITY. Tle Seller shall curry on said work at Selle's own risk until the same is fully co npleted and accepted. and sbnll. in case of any accident, detraction or injury to the work and/or materials begun, Seller's final completion and acceptance, complete the work at Seller's own expense and to the samisfoction Of the Purchaser. When rifouiafv and equipment arc furnished by others for installation or erection by the Seller, the Seller shall rescivc, unload, store and handle mine at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. IS. INSURANCE. The Seller shall, at his mvn expense, provide for the payment of workers compensation, including occupation,,] disca,c benefits, to its cmphevre, employed an ar in connection with the work covered by this purchase aide, and/or to their dependents in aceralm" with the Imes of the grate in which the work is In be done. The Seller shall also carry conmprchensive general liability including, but not limited to, contracted and aummobile public liability insurance win bodily injury and death limits of at least S300.000 for any one person, S500.000 for any one accident and property damage limit per accident of 5400.000. The Seller shall likewise require his contractors, if anv, to provide for such compensation and insurance. Before any of The Sellers or his eontmetars cmployccs shall do any work upon the premises of othcn. the Seller shall furnish the Purchaser with a eer ifieale that such compensation and insurance have been provided. Such eer ificates shall specify the date when such compensation and insurance have been provided. Such ecrtificues shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until nncr the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respansibi]ity and liability fro any and all damage. loss Or injury ofany kind or nature whatsmver 10 persons or property caused by or resulting from the eseculion of the work pmvidcd for in this purchase order of in connection herewith. The Scllm"ill indemnify and hold hamiless the Purchaser and any or all of the Purchasers omccrs, agents and cmplavecs 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 be put or subject by reason of any act, action, neglect, emission or default on the pan Of the Seller, any of his contractors, or any of the Sellers or contractor, officers. agents or retrievers, In case any suit or other proceedings shall be bought against the Purchaser, or ils officers. agents or cmployccs at any it 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 a,their omccrs, agents or cantilevers as aforesaid. the Seller hambv agrees To as. urns. the defense thereof and to defend the some at the Scllcrs Oren expense, to pay anv and all cat, charges, attorneys fees and other expenses, any and all judgments that cony be incumd by or obtained against the purehamr or any of its or their officers, agents or employees in such suits or other proceedings. and in case judgment or other lien be placed upon or obtained against the property ofthe Purchase, or said parties in m as a result ofsuch suits or other proceedings. the Seller will to ante cause the same to be dissolved and discharged by giving hand or otherwise. The Seller and his contractors shall take all mfcry precautions. Popish and install all guard n¢essary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation. the Occupational Saferyand Health Act of 1970 and all rules and regulations issued pursuant therein, Revised 032010