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HomeMy WebLinkAbout277936 HAGEMEYER - PURCHASE ORDER - 3212289City Of PURCHASE ORDER PO Number Page 3212289 1 1 of 2 ' `t Collinshis number must appear " 1 '�7 on all invoices, packing slips and labels. Date: 01/24/2012 Vendor: 277936 Ship To: ELECTRIC UTILITIES HAGEMEYER CITY OF FORT COLLINS 4905 NOME ST 700 WOOD ST DENVER Colorado 80239 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 FOR 1 LOT LS 9,000.00 LIGHT AND POWER Total $9,000.00 UInvoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 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 Fon Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Fcdeml Excise Tax Exemption Certificate of Registry &1-6004)587 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in mreit, may be returned to you for credit and am not to be replaced swept upon receipt of wmten instructions farm the City of Tom Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the toms and conditions hereof. failure or delav to exercise any rights or remedies provided hcrcin or by law, failure to promptly notify the Seller in the event 'fa breach, the acceptance ofor payment for goods hereunder or approval afthe design, shall not release the Scllcr of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict perfarmanec hercofor any ofits rights or remedies as to any such good, regardless of when shipped. received or accepted. as to any prior or subsequent default hereunder. nor shall any purported uml modification or rescission of this purchase order by the Purchaser opemrn as a waiver of any of the toms here.[ 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 M the City of Fon Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antilmst ACCEPTANCE is dependent upon completion ofall applicable required inspection pmcednres. violations 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 Purchaur any and all claims it may new have or hereafter Freight Terns. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fart Collins. CO 80522. unless acquired under federal or state antitrust lases 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 acquired by the Purchaser pursuant In 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 parts of the enuntry, shipment is Ifthc Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expeered from the ncarem distribution paint 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 Purchascr shipments arc made from greater distance. may cause the work to be perfamcd by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. permit, Scllcr shall procure at sellers sole cast 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 farther agrees to hold the City of Fort Collins harmless from and against all liability and lass incurred by them by reason of an ameucd or established violation of any such laws, regulations. ordinances. mlcs and requirements, Authorisation. All parties to this contract agree that the mpresentatives are. in fact, bona ❑de and pos ms, full and complete authority to bind mid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terns and conditions annexed heron, or incorparded herein by reference. Any additional or different teems and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive an your premised delivery date as noted. Time is of the essence Delivery and perfomancc must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchascrs including, without limitation, acceptance offartial late deliveries, shall operate as a waivcr of this prevision. 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 of God, acts afcivil or military authorities. governmental priorities, fires, strikes, flood, epidemics, oars 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 of any such delay, the (life of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will contort 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 a similar name. The Scllcr agrees to hold the purchaser harmlcm from any loss, damage or expense which the Pumhaur may suffer or incur on account of the Scllcrs breach of wamnty. The Seller shall replace, repair or make good, without cast 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 ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not construe a waivcr ofany claim under this wamnty. Except as othcm'iu provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing mummies ar gtanamocs, but such liability shall in no event include loss ofpmfits or loss ofuse. 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 terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wriucn change nnlcr. If any such change infects the amount due or the time of Performance hereunder, an equitable adjustment shall be made. R. TERMINATIONS. The Purchascr 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 parties as to any work or materials then in pergress pmvidcd that the Purchaur 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 he made in favor of the Seller with respect to any good which am the Scllcrs standard stock. No such mrminntion shall relieve 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 from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wi may 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 good 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 ofthis 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 Purchaur 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 became due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchascr for all equipment, materials, and items famished in paformance of this agreement, free and clear of any and all liens, restrictions, reurymions, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any mains resulting from the pcfomance 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 of such party. The Sellers contractual obligations. including wamnty, shall not be deemed to be reduced, in any wav, because such work is performed or caused to be Performed by the Purchascr. 14. PATENTS. Whenever the Seller is required to use any design, deice, material or parecss covered by Icner. patent, trademark or copyright, the Seller shall indemnify and save hamlcss 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 be reason of such infringement at any time during the prosecution or after the completion of the work. In ease 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 its own expense and at its option, either fortune for the Purchaser the right to continue using mid 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 inwIvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchascr without liability, 16. GOVERNING LAW. The definitions oftems used or the interpretation ofthc agreement and the rights ofall parties hereunder shall be construed under and governed by the Imes of the State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprewntative(s), on the premises afothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the more is fully completed and accepted. and shall. in ease of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Pumhasor. When materials and equipment arc furnished by others for installation or crcmion by the Seller, the Seller shall receive, unload. store and handle tome at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense. provide 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 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, contactual and automobile public liability insurance with bMily injury and death limit, of nt least S300.000 for any one per,... S500,000 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 contractors employees shall do any work upon the premises of others, the Scllcr shall furnish the Purcbaser with a eevfficm that such compensation and insurance have been provided. Such ecnlfiwtca shall specify the date when such compensation and insurance have been pmvidcd. Such 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 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 hamlcss the Purchaser and any or all of the Purchascrs wMecrs, agents and enmloyees 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 Purchascr may be put or subject by reason of any net, action, ncgloct, omission or default on the pan of the Seller. any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaur, or its officers, agents or employees at any time on account or by reason of any ass, action, neglect omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as afaremid, the Seller hereby agrees to assume the defense thereof and to defend the tome at the Sellers owes 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 proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchascr, ar mid panics in or as a result ofmch 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 mfcty precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regllations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and nll mlcs and regulations issued pursuant thereto, Revised 03/2010