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HomeMy WebLinkAbout110816 UTILITY NOTIFICAITON CENTER - PURCHASE ORDER - 9111333City of Fort Collins Date: 03/19/2012 PURCHASE ORDER Vendor: 110816 UTILITY NOTIFICATION CENTER OFCOLORADO 16361 TABLE MOUNTAIN PKWY GOLDEN Colorado 80403 PO Number Page 9111333 1o12 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 03/03/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM' Unit Price Extended Ordered 3 Balance Invoice 21202296 Rm� Q. O,nk�-Qk -4-e— 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 50.03 Total $50.03 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Ordcr Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptiortc By arome the Citv of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NONWAIVER. Oft-04102. rederul Excise Tax Exemption Certificate of Registry 94-60005S7 is registered with the Collector of Failure of the Purchaser to insist upon strict pull mance of the toms and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies pmv Pled herein or by last failure to promptly nolify the Seller in the event of a breach, the ncec unncc Prof payment fur goods hereunder or approval of the resign, shall not release the Scher of Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of any of the wwm fives or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, my be renamed to you for credit and ore not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofmnny of its rights or remedies as to any such goods. regrnlless instructions from the City of Fort Collins. Of when shipped, mceived or accepted, Ps to any prior sit subscgncut default hereunder. nor shall any purported oral modification or rescission of this purchase order by the Purehnwr operate as a waiver of nny of the terms Inspection. GOODS arc subject to the City of Fort Collins inspeetin t on arrival. 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 pun of the City of Fort Collins. However, it is In be understrwd that FINAL Seller and the Purchaser recognize that in actual economic practice. Overcharges resulting form antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in (fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this parchase oiler. 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, 7010 Wood St.. Fun Collins. CO 80522. unless required under fedcml or state antitrust laws for .such overcharges minting 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. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where minufacnuers have distributing points in various parts of the country, shipment is Iflhc 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 fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchnser .shipments arc made fmm greater distance. may cause the work to be perfumed by the most expeditious means mailable to it, and the Scller shall pay PH costs ussociatcel with such work. Permits. Seller shall procure m sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations ordinances and rules critic state. municipality, territory or political sulxlivision when the work is perforated, 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 from and against all liability and loss incurred by them by' reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona rude and possess fall and complete mnhority to bind said panics. LIMITATION OF TERMS. This Purchasc Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional toots and conditions annexed hereto or incorporated herein by reference. Any additional or different isms and conditions proposed by seller arc objected to and herchy rejected. 2, DELIVERY. PLEASE ADVISE PURCIIASING AGENT immediately if you cannot make complete shipment to Prroc on your promised delivery date as noted. Time is of the essence. Deliver' and perfomanee must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofmnial late deliveries, shall operate is a ni aver of this prevision. In the event of anv delay. the Purchnscr 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 is a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligenec. such acts of God, acts Pfeivil or military authorities governmental primftics, fires, strikes, flood, epidemics, wars or riot 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 period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles materials and work covered by this order will confomu with applicable drawings, 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 standanN for work of a similar nature. The Seller agrees to hold the purchaser hamlcss from any loss. damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Seller shall replace, repair Or make good. without cast to the purchaser. any defects or faults arising within one (p year or 0 ith in such longer period of time us may he prescribed by law or by the toms of any applicable wamnty provided by the Set let a0cr the date of acceptance of the goods furnished hereunder (.acceptance not to he unreasonably delayed), resulting from imperfect or detective work done or materials punished by the Seller. Acceptance or use of good%by the Purchaser shall not constitute a waiver ofanv claim under this wwmnry. Except as mheneisc provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the beach of any of the foregoing wmramics or guarantees, but such liability shall in no event include loss of profits or loss rinse. 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 Pumhaser may make any changes to the terms, Other than legal terms, including additions In 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 ull portions of the good 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 goad which are the Sellers standard stock. No such tenninntion shall relieve the Purchaser Or the Seller of any of their obligations as many 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 WITII LAW. The Seller warrants that all goods sold hereunder shall have been produced, said, delivered and furnished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations requited to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchascr hamlcss from all costs and damages suffered by the Purchnscr ns a result of the Sellers failure to comply with such law. , 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order. or any monies due or to become due hereunder without the prior written consent of the other party. I O. TITLE. The Set ter wamnts full, clear and unrestricted title to the Purchaser for all equipment matcrin is ind items furnished in performance of this agreement free and clear of any and all liens, restrictions Poser, unions, security interest encumbrances and claims of others. The Seller shall release the Purchnscr and its contractors of nny licr from all liability and claims of any nature resulting front 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, officers and employees of such party. The Seller's contractual obligations, including wmrmnty, shall not be decreed to he reduced, in any way, hoeiusc such work is performed or caused to he performed by the Pumhaser. 14. 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 cave harmless the Purchascr front anv 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 uny cost, expense or damnge which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or icier the completion of the work. In case said equipment, or any pan thereof or the intended use of the gnus, is in such suit held to constitute infringement and the use of said equipment no pan is enjoined. the Seller shall, at its own expense and at its option. either procure for the Pumhaser the right to continue using said equipment of parts. replace the same with substantially equal but noninfringing equipment, or modify it so it becomes moonfringing. 15. INSOLVENCY, If the Seller shall become insolvent or bankrupt, make in assign acm for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemis used or the intcMrctation of the agmement,and the rights ofall panics hereunder shall be construed under and gnvemed by the Imes ofthe Slate of Colorado. USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the scniccs of Sellcn Representative(%), on the premiscs M others. 17. SELLERS RESPONSIBILITY. The Seller shall cony on said work no 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 materials before Seller's final complclimn and acceptance, complete the work at Seller's own expose and to the satisfaction urine Purchaser. When materinls and cquipmcm arc famished by Others for installation or erection by the Seller, the Seller shall receive, unload. store end handle came at the site and become re, pnnsible therefor as though Such materials and/or equipment were being furnished by the Scller under the Prdcr. IS. INSURANCE. The Seller shall, at his own "Prose. pmwide for the payment of workers compensation. including occupational disease benefits, to its employees emploved on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the Imes of the state in which the work is to be done. The Seller Shall also carry comprehensive general liability including, but not limited to, eonmenul and automobile public liability insurance with bodily injury Pnd death limit% of at least S30O.MO for any one person. S500.0100 for any, one accident and property danage limit per recident Of S400.006. The Seller- shall likewise mcui¢ his contractors if any, to provide Gx Such eomponsmion Post insurance. Before any of the Sellers or his contractors employees shall do any work upon the premise.%nf others the Seller shall furnish the Purchascr with n certificate that such compensation and insurance hate been provided. Such certificates shall specify the date when such compensation and insurance have been prodded. Such eenificates shall specify the date when such compensation and insurance expires. The Seller ngmes that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scller herchy xsaimcS the entire responsibility and liability for nny uml ull damage, loss m injury of nny kind or nature whatsoever to persons ur properry caused by m resulting Firm the executinn ofthe work provided for in this purchase order or in eonnection herewith. The Scller will indcneify mud hold brimless the Purchascr and any nr all of the Purchaun officers. agents and employees Tom and against any and all claims, losses, damages, charges or expenses whether direct or indirect. and whether to persons or property to which the Purchnscr may be put or subject by reason of any act, action, neglect maission or default on the part of the Scller, any of hi.s contractors, or any of the Sellers or contractors officers, agents or employees. In ease any suit or other limccedings shall he brought against the Purchascr. or its officers, agents m employees at any time on account or by reason crony net, action, neglect, omission or default of the Seller Pf any mthereof of his emntnetnrs ny or nOf itS or their officers, agents or employees as aforesaid, the Seller hereby agrees tonssue the defense and to defend the same at the Sellers ,0 expense, to pay any and all costs, charges, amoomys fees and other expenses. any and all judgments that may he incurred by or obtained against the Purchascr or any of its or their officers, ,agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchascr. or mid parties in or as a result of such suits mother proceedings. the Scller will al once came the came to be dissolved and discharged by giving bond or otherwise. The Seller and his coutmcturs shall take all safety pmcautions. furnish and install all guards nommary for the prevention of accidents. comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and ill rules and regulations issued pursurm thereto. Revised 03/''010