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HomeMy WebLinkAbout111519 HAMILTON ASSOCIATES INC - PURCHASE ORDER - 9120618City of Fort Collins Date: 01/30/2012 Vendor: 111519 HAMILTON ASSOCIATES INC 14700 W 66TH PLACE UNIT 11 ARVADA Colorado 80004 PURCHASE ORDER PO Number Page 9120618, t of z This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS C06rado 80521 Delivery Date: 01/30/2012 Buyer: OPAL DICK Note: Line Description QS+Sntity UOM Unit Price Extended rdered Price Invoice #110997-02F 1 LOT EA 5,864.19 2 Invoice #110997-01 Rzx� Q. 0 /W-9k LF- 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 1 LOT EA 2.618.54 Total $8,482.73 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 1. COMMERCIAL DETAILS. Tax exemptions. By static the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-64502. Federdl Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict pafommance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Rcf. Colorado Revised Starnes, 1973. Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hacunder or approval ofthe design. shall not release the Seller of Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of anv right of the damage in transit, may be resumed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hemoforany of its rights or remedies as to any such geed, regardless instruction, from the City affair Collins, of when shipped, received or accepted. as to any prior or subsequent default hereunder. nor shall any purpnncd oml modification or emission of this purchase order by the Purchaser operate as a neivcr of any of the terms Inspection. GOODS arc subjecl to the City effort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in respoasc to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fon Collins However, it is to be understand that FINAL Seller and the Puehascr recognize that in usual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedure, violations are in fact home by the Purchase, Theretofore, for good cause and as considention for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teens. Shipments must be F.O.B., City of Fen Collins. 700 Wood St.. Too Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges miming 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 to this purchase Order. bill must accompany invoice Additional charges for packing will not be accepted. Shipment Distance. Whcrc manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution purn,to destination, and excess freight will be deducted front Invoice when shipments arc made from greater distance. Permits. Seller shall Pressure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the wrork 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 Fon Collins harmless form and against all liability and loss incurred by them by reason of an iscncd or established violation of any such laws, regulations, ordinances, roles and requirements. Authonaation. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set Truth and any supplementary or additional terms and conditions annexed hereto or incorpnrated herein by reference. Any additional or different rcrms and conditions proposed by seller an 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 noted. Time is ofthe ev cace. Delivery and perfoenanec meat be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchascn including. without limitation, acceptance affirmed laic deliveries, shall operate as a waiver of this provision. In the event ofany 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 rcamnablc control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, food, epidemics wars or riots pmvided 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 last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, 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 care 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 of the Sellers breach of warranty. 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 be 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 inmperfect or defective work done or materials furnished by the Seller. Acceptance or use Of goods by the Pmchascr shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase ordc6 the Sellers liability hereunder shall extend to all damages presimatcly caused by the breach of any of the foregoing wammics 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 LEGAL TERMS. The Purchaser may make changes to legal rams 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 written change order. If any such change affects the amount due or the time of performance hereunder, an equitable 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 ofthe goad then ram shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided Ihat the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted panic. of the gads 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 Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods del sacred hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mua be assured within thirty (30) days from the date the change or termination is ordered. 8. 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 grads are subject The Seller shall execute and deliver such disorients as may he 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 hamdess from all costs and damages suffered by the Purchaser its 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 written consent of to other party. IO.TITLE. The Scllcr wnrmnts full, clear and unrestricted title to the Purchaser for 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 ofothcrs. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dimcts the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Scllcr, and the Seller thereafter indicates its inability or umvillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs ussuciated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfomance of such work. This rdcuse shall apply even is the event of fault of negligence of the party released and shall extend to the dimcron, officers and employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced. in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or eepyright 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 mason ofsuch 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 its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans. replace the same with substantially equal but noninfringing equipment or modify it so it becomes noniafringing. 15. INSOLVENCY. If the Seller shall hcemee insolvent 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 fontrilh be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofec ruts used or the interpretation ofthe agreement and the rights ofnll panics hereunder shall he consumed under and gmcmed by the Imes ofthe 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 Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY, The Scllcr shall tarty on said work at Settees 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 materials bcfom Seller's final completion and occep rmc, complete the work at Seller's man expense and to the satisfaction of the Purchaser. When materials and equipment are tmished by others for installation or erection by the Seller. the Seller shall receive, tmload. store and handle same of the site and become responsible therefor as though such mntcrials and/err equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, 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 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, contractual and amumobile public liability insurance with bodily injury and death limits of at (cast S300.000 for any one person, S500," for any one accident and property damage limit per accident of 5400.000. The Seller shall likewise require his contractors, if any, to pmvidc for such compensation and insurance. Before any of the Scllcrs or his contactors employees shall do any work upon the premises ofothcrs, the Seller shall furnish 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 been provided. Such ecnificates shall specify the date when such compensation and insurance expires The Seller agrees that Bach 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 learn the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hornless the Purchaser and any err all of the Purchasers officers, agents and employees from and against any and all claims, losses damages. charges or expenses, whether direct or indirect, and whether to persons or propcny to which the Purchaser may he 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 Scllcrs or contractors officers, agents or employees. In case any suit or other precccdings shall be brought against the Purchaser, or its officers, agents or employees many time on account or by reason of any act, action, neglect omission or default of the Seller ofany of his contractors or any of its or their officer, agents or employees as aforesaid, the Seller hereby agrees to assume 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 Purchaser or any of its or their oRicers, agents or employees in such suits or other pmccedings, and in case judgment or other lice be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result of such suits or other preccedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or atherwisc. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with col laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant lineman. Revised 03/2010