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HomeMy WebLinkAbout119842 COLORADO ASSOCIATION OF MUNICIPAL UTILTIES - PURCHASE ORDER - 9120326PURCHASE ORDER PO Number Page City of 9120326 1 of z ' `t Collins oll` i ns This number must appear 1 �-7 on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 119842 Ship To: ELECTRIC UTILITIES COLORADO ASSOCIATION OF CITY OF FORT COLLINS MUNICIPAL UTILITIES 700 WOOD ST ATTN: DAN HODGES FORT COLLINS Colorado 80521 PO BOX 549 Delivery Date: 01/21/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2012 Colorado Association of 1 LOT LS 21,859.06 Municipal Utilities Dues Q� Q. oit.:�2� ci City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, 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 Total $21 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. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 9R-04502. Federal Exeise Ta.x Exemption Certificate of Registry 94-60(d)597 is registered with the Collector of Internal Revenue, Denver, Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a), Goads Rejected. GOODS REJECTED due to failure to moot specirications, either when shipped or due to defects of damage in transit may be rammed to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS ate subject to the City of Fen Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the toms 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 or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warmmics or obligations of this purchase order and shall not he deemed a waiver of any right of the purchaser to insist upon strict performance hercofor 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 purported oral modification or rescission of this purchase order by the purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, servias or equipment in response to this order can ¢cult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understand that FINAL Seller and the Purchaser recognize that in renal economic practice merchages resulting from antimst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as considem firm for executing this purchase order, the Seller hereby assipnn to the Purchaser any and all claims it may now have or hereafter Freight Terms Shipments must be F.O.B., City of Foal Collins, 700 Wood St., Fort Collins, CO 90522. unless acquired] under federal of state antivest laws for such overcharges relating to the pnnicular goods or services otherwise specified on this note, If permission is given to prepay freight and charge separately, the Original freight purchased or acquired by the Purchaser potamnt to this purchase order. 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 pans Of the country, shipment is If the Purchaser directs the Seller to eonca nonconforming or defective goods by a date to be agreed upon by the expected from the narest distribution point to destination. and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability Or unwillingness to comply. the Purchaser shipments arc made Farm greater distaree. may came the work to be performed by the mast expeditions means available to it, and the Seller shall pav all costs associated with such work. Permits. Seller shall procure at sellers sole cast all recassxry permits, eenificates and licenses required by all applicable laws. regulations, ordinances and talcs of the state, municipality, territory or political subdivision where the work is performed. or rcquircd by any other duly constituted public authonry 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 asscned or established violation of any such Imes, regulations. ordinances, tales 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 panics. LIMITATION OF TERMS. This patch. Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional term and conditions annexed harem or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date in; noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents artached hercm. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis prevision. In the event crony delay. the Purchascr shall have, in addition to other legal and equitable Tavares. the option of placing 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 am beyond its Tenantable council and unhout its fault ofacgligencc, such acts of Gad, acts ofcivil or military authorities governmental Fanatics, fires, snikcs, flood, epidemics. wars or riots provided 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 crony such delay, the date of delivery shall be extended for the proud equal to the time actually lost by mason ofthe delay. 3. WARRANTY. The Seller wamms that all grads, 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 perfamed with the highest degree of care and competence in accordance with accepted standards far work of a similar nature. The Seller agrees to hold the purchaser hamlem Form any loss, damage Or expense which the Purchaser may surfer or incur on account of the Sellers breach of wammy. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I I year or within such longer period of time as may be proscribed by law m by the terms of any applicable wmmery pmvidcd by the Seller aPer the date Of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Sella. Acceptance or use of goal by the Purchaser shall not constipate a waiver afagv claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liabil iry hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamnties 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 L EGA L TERM S. The Purchascr may make changes to legal toms by written change order, 5. CHANGES IN COMMERCIAL TERMS. The Purchascr may make any changes to the hats, other than legal toms, including additions to or dcl coons from the quantities originally ordered in the specifications or draw inga, by verbal or written change order. If any such change aRccts the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchascr may at any time by written chance order. Icminate this agreement as to any or all provers of the grads then not shipped, subject to any equitable adjustment bcwseen the panics as to any work or materials then in progress provided that the Purchaser shall not he liable for any claims fur 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 Sella with respect to any grads which are the Sellars stnndnrd stock. No such termination shall rcliesc the Purchascr or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. R. 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 arc 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 agreements of this character arc hereby incorporated hacia by this reference. The Seller agrees to indemnify, and hold the Purchascr harmless fmm all costs and damages suffered by the Purchaser as a result of the Scllcrs 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 written consent of the other parry. 10. TITLE. The Seller wamnts full, clear nad unrestricted title to the Purchaser fur all equipment, materials, and items furnished in Performance of this agreement, free and clear of any and all liens, restrictions. reservations, security interest encumbrances and claims of what. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from he Ferfomnnce ofsuch work. This release shall apply even in the event of fault of negligence of the patty released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including wmmTry, shall not be deemed to he reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. U'hcnevef the Seller is rcquircd to use any design, device, material or process covered by lever. patent trademark or copyright. the Seller shall indemnify and save hornless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, devices 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 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 consulate infringement and the use of said equipment or port is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said cquipmmat or parts, replace the sonic with substantially equal but nnninfringing equipment, Or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankni make an assignment for the benefit of creditors, appoint n receiver or trustee for any of the Sellers property or business. this order may forthwith he canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitinns.]tans used or the intaprcmlian ofthe agreement and the rights ofnll panics hereunder shall be constmM under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Representative(s). on the premises of others 17. SELLERS RESPONSIBILITY. The Seller shall Carty on 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 factorials before Seller's final completion and acceptance, complete the work at Scllcrs oat expense and to the satisfaction ofthe Purchaser. When materials and equipment am furnished by others for installation or creation by the Seller. the Seller shall receive. unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease bcncrla, to its employees cn.ploycd on or in connection with the work covered by this purchase onlert 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 carry comprehensive general liability including, but not limited to, contrachnl and automobile public liability insurance with hrdily injury and death limits of at Icasr S300.0fla1 for any one person, S500,000 far any one accident and property damage limit per accident of S400.000. The Seller shall likewise mca ine his contractors, irony, in provide for such conipensmion and insurance. Before any ofthe Sellers or his contractors employees shnll do any work upon the pmmiccs ofothers, the Scllcr shall famish the Purchascr with a certificate that such compensation and insurance have ban provided. Such certificates shall specify the date when such compensation and insurance have been provided Such certificates shall spaify the date when such compensation and imumna 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 Fanny and all damage, lose or injury ofany kind or nature whatsoever to persons or property ansed by or resulting From the execution ofthe work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees fmm mad against any and all claims, losses, damages. charges or expenses, whether direct or indirect. and whether to persons or pespeny to which the Purchaser may be put a mbrat by reason crony act, action, ncglat, omission or default on the pan of the Seller. env of his contractors, or any of the Sellers or contractors affects, agents or employees. In case any suit or other proceedings shall he brought against the Purchascr, or its officers, agents or employees floor 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 aforesaid, the Seller hereby agrees to resume 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, any and all judgments that may be incurred by or obtained against the Purchascr or any of its or their officers, agents or employees in such snits or other proceedings, and in case judgment Or other lien be placed upon or obtained against the property of the Purchaser. or said panics in or as a result of such suits or other proceedings. the Sella will at once cause the same to be dissolved and dischaecd by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and in -stall all guards ncamory for the prevention of accidents. comply with all Imes and regulations with regard to safety, including. but without limitation, the Occupational Safety and Health Act of 1970 and all talcs and regulations issued pursuant Iherete Revised 0312010