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HomeMy WebLinkAbout113775 IRELAN TECHNICAL SERVICES - PURCHASE ORDER - 9120342PURCHASE ORDER PO Number Page City of 9120342 ' of 2 `t Collins This number must appear 1 on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 113775 Ship To: ELECTRIC UTILITIES IRELAN TECHNICAL SERVICES CITY OF FORT COLLINS 1305 DUFF DR #3 700 WOOD ST FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80521 Delivery Date: 01/23/2012 Buyer: OPAL DICK 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 UOM Unit Price Ordered Extended Price 2012 Blanket Order 1 LOT LS 10,000.00 L&P Mapping Total $10,000.00 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt form state and local taxes, Our Exemption Number is 95-61502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Intcmal Revenue, Denver, Colorado (RcE Colorado Revised Stamtes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either whra shipped or doe to defects of damage in transit, may be retuned to you for credit and am not to be replaced except upon receipt of written instructions from the City effort Collins. Inspection. GOODS arc subject to the City of Fon Collins inspection an arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict pnfrnmance of the terms and conditions hereof, failure, or delay to exercise any rights or remedies provided herein ar by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any ofthe warranties or obligations of this parchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hercnfor 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, nor shall any purpamed nml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitm,ct ACCEPTANCE is dependent upon completion ofail applicable required inspection procedures. violntions are in fact home 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 hive or hereafter Freight Tome. Shipments most be F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins. CO 90522. unless required under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or required he the Purchaser pursuant to this purchase unden bill must accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufacturers have distributing points in various parts of the country. shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective grad by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability orunwillingncss to comply, the Purchnscr shipments ere made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller .shall pay all costs rsseconed with such work. Permits. Seller shall porntm at sellers sole east all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and rules of the state, municipality, territory or political suhlivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller farther agrees to hold the City of Fon Collins harmless from and against all liability and Inca incurred by them by reason Man asserted or established violation of any such laws, regulations, ordinances. n des and requirements. Authorization. All panics 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 terms and conditions annexed hereto or incorporated hcrcin by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to naive on your premised delivery date as noted. Time is ofthc essence Delivery and perfemancc most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have. in addition to other legal and equitable ¢medics, the option ofplacing this order elsewhere and holding the Seller liable for damages. Hmvever. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond is reasonable control and without its fault of negligence. such acts of God, acts ofeivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots pmvidcd that notice of the conditions causing such delay is given to the Purchaser within 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 the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods. articles, materials and work covered by this order will conform with rpplicable dmwings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any Inca, damage art expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace repair or make gaud, without cost to the purchaser, any defects or fiaults arising within one (1) year or within such longer period of time as may be prescribed by law orby the terms of any applicable matronly provided by the Se ]in fifer the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), msult l; from imperfect or defective work done art materials furnished by the Seller. Acceptance or use of goods by the Purchaser .shall not constitute a waiver fany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hcrma der shall extend to all damages proximately caused by the breach Many of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits car 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 change order, 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tents. other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings by verbal or written change nrden I any such change affects the amount due or the time ofperfomance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on 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 good which are the Sellers standard stack. No such termination shall relieve the Purchaser art the Seller of any offl cir obligations a% to any goals delivered hacander. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is odcred. S. 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 geed are subject. The Seller shall execute and deliver such documents as may he required to effect or evidence compliance. All laws and regulations required to be incurpooded in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law, 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or one monies due or to become due hereunder without the prior written consent of the other party. IO,TITLE. The Seller wamnty full. clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in perfemance of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumh urrcm and claims of others. The Seller shall release the Purchaser and its contractors of any tier from 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, o@cer and employees efsuch pony. The Sellers contractual obligations, including warranty, shall not be decreed to be reduced, in any way, because such work is performed or caused to be perforated by the Purchnscr. 14. PATENTS. Whenever the Seller is required to use any design, device, mnterial or process covered by letter, patent, tndcmark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement 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 inch infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at is own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the some with substantially equal but noninfringing equipment, or modify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver m must" for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. to. GOVERNING LAW. The definitions of terms used or the interprgmtion ofthe agreement and the rights ofail panics hereunder shall be contained tinder and governed by the Imes of the State of Colomdc, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers RcprcSg tithec(s), on the premises of others. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the sumc is fully completed and accepted. and shall, in case of any accident, destruction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle some at the site and bece omresponsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. ' 19. INSURANCE. The Scllcr shalt. at his own expense, pmvidc for the payment of workers compensation, including occupational disease benefits. 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 Iowa of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, eommactual and automobile public liability insurance with bodily injury and death limits of vs. least S300,010 for any one person, 5500,000 for any one accident and property damage limit per accident of S400,000, The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or Iris contractors employees shall do any work upon the premises of nthem, the Seller shall furnish the Purchaser with a ccrtificam that such compensation and insurance have been provided. Stich certificates shall specify the date when such compensation and insurance have been provided. Stich certificates shall specify the date 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. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or pmperty caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamlea the Purchaser and any or all of the Purchasers officers. agents and employees from and against any and all claims, losses, damages. charges or expenses. whether direct or indirca, 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 Scllcr, any of his contractorsor may of the Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser, ar its effects, agents or employees at any time on account or by reason of my act. action, neglect. omission or default of the Seller of any of his contractors or any of its or Ihcir officers, agents or employees as nforccaid, The Seller hereby agrees to assume the defcne thereof and to defend the same at the Sellers own expense, to pay any and all costs charges, attorneys fees and other expenses, any and all judgments that may be ineared by or obtained against the Purchaser or any of its or their effects, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained ugainst the property ofthe Purchaser. or said parties in or as a result ofsuch suits or other proceedings, the Seller mill at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. Famish and install all guards necessary for The prevention of accidents, comply with all laws and regulations with regard to safety including, but withotit limitation, the Occupational Safely and Health Act of 1970 and all odes and regulations issued pursuant thereto. Revised 03/2010