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HomeMy WebLinkAbout113279 DAN'S SMALL ENGINE - DSE INC - PURCHASE ORDER - 3212285PURCHASE ORDER PO Number Page City Of 3212285 °f z `t his number must appear Collins` 1 1�7 on all invoices, packing slips and labels. Date: 01/24/2012 Vendor: 113279 Ship To: ELECTRIC UTILITIES DAN'S SMALL ENGINE - DSE INC CITY OF FORT COLLINS 1816 HEATH PARKWAY #F 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 Ordered UOM Unit Price Extended Price 2012 BLANKET ORDER FOR 1 LOT LS 10,000.00 LIGHT AND POWER Total $10,000.00 C3. O�'l�stQ �L 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 Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tnx exemptions. By statute the City of Fen Collins is exempt fmm state and local taxes. Our Exemption Number is 11 NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof failure or delay to Internal Revenue. Deaver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by Irv, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for good hereunder or approval of the design, .shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any of the warn ties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in mnsit, may be rcmmed to you for credit and ate not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to anv such goods. regardless instructions from the City of Fan Collins, of when shipped. received or accepted. as to any prior or subsequent default hereunder, nor shall any purpored on] modification or remission of this purchase order by the Purchaser operate as a waiver of any of the tern, Inspection. GOODS arc subject to the City of Fon Collins inspection on anivaL hereto. 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 pan 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 antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violmioms arc in fact borne 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 Terms. Shipments must be F.O.B., City of Fan Collins. 700 Wood St., Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular good or services otherwise specified on this order. If pcmission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase under. 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 Uthe Purchaser directs the Seller to correct nonconforming or defective goods 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 or unwillingness to comply, the Purchaser shipments arc 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 associated with such work. Permits Seller shall procure at sellers selc cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates of the state, municipality, territory 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 hold the City of Fort Collins harmless form and against all liability and loss interred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. odes and requirements. Authorizntion. All parties to this contract agree that the representatives arc, in fact. bona fide and possess hell and complete authority to bind said panics. 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 herein by reference. Any additional indifferent acme aad conditions proposed by seller are 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 as rated. Time is ofthe essence. Delivery and performance most be effected within the time stated on the purchase order and the documents arched hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late dclisorfcs, 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 control and without its fault of negligence. such acts ofGod, acts ofcivil or military authorities govemmctund priorities, fires, strikes Bad, epidemics ours or Hot provided that notice of the conditions cousin, 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 dcl ivcm shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warams that all gads, 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 cam and competence in accordance 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 ofthe Sellers breach ofwammy. The Seller shall replace, repair or make good. without cost to the purchaser, any defects or faults arising within one (1) year or within such longer Period of time as may he prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from ianperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Pfimli shill not constitute a waiver of any claim under this warty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfits 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 tcm, by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrmcn change order. If any such change affects the amount due or the time ofperfamance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pumhascr may at any time by written change order. terminate this agreement as to any or all portions of the gads then not shipped, subject to any equitable adjustment bct%%wn the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfis no the uncompleted portion of the,oMa and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any Cools which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he 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 taxis 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 herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser ass a result of the Scllcrs failure to comply with such Irv. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this foxim or any monies due or to become due hereunder without the prior written consent of the other pony. 10. TITLE. The Seller wantmafull, clear and unrestricted title to the Pumhascr for all equipment materials. and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, rcsenations, security interest encumbrances 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 Win the performance ofsueh work. This release shall apply even in the event of fault of negligence of the piny released and shall extend to the directors, officers and employees of such party. The Seller', contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because .such work is perforated or caused to be performed by the Purchaser. IA. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm 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 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 good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either presume for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15, INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the henefit of credimt, appoint a receiver or wctee for any of the Scllcr, property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems fixed or the interpretation ofthe agreement and the rights ofa11 panics hereunder shall be construed ender and govemcd 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 Repwsentativc(s). on the premises ofothers. 17. SELLERS RESPONSIBILITY, The Seller shall carry 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 material, before Seller's final completion and acceptance, complete the work at Scllcr, own expense and to the satisfaction ofthe Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/fir equipment were being furnished by the Scllcr under the order. 18. INSURANCE. The Seller shall. at his own expense, provide for the payment of workers eompcnsation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this Immense order. and/or to their dgmndents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry eomprchensive general liability including, but not limited to, contactual and nutomnbile public liability insurance with bodily injury and death limits of at least S300.000 for any one person. $500,000 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 Sellers or his contactors cmplo,ye, shall do any work upon the premises of others. the Sellershall famish 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 bren provided. Such certificates shall specify the dme when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until offer 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 of any kind or nature whatsoever to persons or property 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 harmless the Purchaser and any or all of the Puchnsers officers. agents and employee, front and against any aad all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or prepeny to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or conmctrrs officers, agents or cmployccs. In ease any suit at 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 contracts, or any of its or their effects, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the .same rat 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 Purchaser or any of its or their officers, ,agents or employees in such suits or other proceof ings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchaser. or 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. The Seller and his contractors shall take all safety precautions, furni,h and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but wilhout limitation, the Occupational Safety and Health Act of 1976 and all mles and regulations issued pursuant thereto. Revised 03/2010