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HomeMy WebLinkAbout155551 NORTHERN COLORADO BUSINESS REPORT - PURCHASE ORDER - 9121814PO PURCHASE ORDER 912181 Number Page City of PURCHASE 9121814 1.f2 `t Collins rhisnumber must appear `1 1.7 ll invoices, packing s and labels. Date: 03/28/2012 Vendor: 155551 Ship To: ELECTRIC UTILITIES NORTHERN COLORADO BUSINESS REPORT CITY OF FORT COLLINS 141 S COLLEGE AVE, STE 200 700 WOOD ST FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80521 Delivery Date: 03/27/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Ordered Unit Price Extended Price 1 Smart Cities Summit Utilities Portion 1 LOT LS 5,000.00 2 Smart Cities Summit City Manager Portion 1 LOT EA 5,000.00 9-D-� Q. O� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 Invoice Address 10 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 Citv of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER. 984LIS02. Federal Excise Tax Exemption Ccnifiutc of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict Pcrfornlanee of the terms and conditions hereof failure ar delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notifthe Seller in the event of a breach, the acceptance nfor payment for goods hereunder or approval ofthe design, 'shift1 not release the Seller Of Goods 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 any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict perfomranee hereofor any of its rights or remedies as to anv such goods, regardless instructions from, the City of Fart Collins. of when shipped, received or accepted, as to any print 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 a the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 11 ASSIGNMENT OF ANTITRUST CLAIMS. authorized raiment on the part of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purclutscr recognize that in afind economic practice, overcharges resulting Rom antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. vinkitwo, 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 boning Freight Terns_ Shipments must be F.O.B., City of End Collins. 700 Woad St.. Fort Collins, CO 90522. antes, required under federal or state antitrust laws for such overcharges relining to the particular good or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or required by the Purchaser pursuant to this purchase ogler, hill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where mannfacmrers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted front Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses requited by all applicable laws, regulations, ordinances and odes ofthe 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 0nther agrees to hold the City of Fort Collins hamtles.s farm 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. Anflimizmion. All panics to this contract agree that the representatives arc, in fact. bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional torts and conditions annexed hereto or incorporated herein by reference Any additional or different terms and conditions imposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if von cannot make complete shipment to arrive on your promised delivery, date as noted. Time is of the cscence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a nwiver of this prevision. In the event of anv delay, the Purchaser shall have, in addition to Other legal and equitable remedies, 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 are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofci,il or military authorities, govoramental primiliev, fires, strikes, need, epidemics, wars or riots provided that marine of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received kunwicdge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by consort ofthe delay. 3. WARRANTY. q'he Seller warrants that all good, 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 hamticss from any loss, damage or expense which fire Purchaser may suffer or incur on account of fire Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults rinsing within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller a0er the date of acceptance of the goods furnished 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 constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase Order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing warmntia or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTAmLITY OR OF FfrNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal torts by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the temu, other than legal terms, including additions to or deletions from ,he 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 ofperfoma nce hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at anv time by written change order. terminate this agreement as to any or all portions of the goods then net shipped subject to any equitable adjnsnncnt between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for am, claims for anticipated profits on the uncompleted Portion ofthe cords 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 are 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 be rimed within thin (30) days from the date the change Or terminution is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all good .sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seiler forces to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result ofthe 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. 10. TITLE. The Seller warrants 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, semmty interest encumbrances and claims ofothen. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be meet] upon by the Purchaser and the Seller, and the Seller thercrftcr indicates its inability or unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. The Seller shall rcicasc the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This rcicasc shall apply even in the event of fault of negligence of the party ,decoct] and shall extend to the directors, o(fcces and cntployces of such party. The Seller's contractual obligations, including warranty, 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. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or cnpyright 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, do, icc, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense m derange whit], it may be obliged to pay by reason Ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thcrcof or the intended use Of the goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Scllcr shall, at its ream expense and at its option, either procure for the Purchaser file right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment ce modify it so it becomes novinfringing. 15. INSOLVENCY, If the Seller shall become 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 forthwith be canceled by the Purchaser without liability, 16. GOVERNING LAW. The definitinns ofterms used of the interpretation ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by the laws ofthe State ofColomdo, USA. The folluming Additinnal Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Representative(s), on the pmmtses of ethers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and incepted, and shall. in ease of any accident destruction or injury to the work and/or materix is before Seller's final completion and acecpmnce, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Scllcr. the Seller shall receive. unload. start and bridle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall. at his non expense, provide for the payment of worker, compensation, including occupational disease benefits. to its cn,ployecs employed 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 acork is to be done. The Seller shall also carry comprehensive general liability including, but not limited to. contractual and anfomobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person. S500.000 for any one accident and property danngc limit per amident of S400.000. The Seller shall likewise require his convaciors, if any, to provide for such numpcnaation and insurance. Before any of the Scllcrs or his cotrnetors employees shall do any work upon the premises oftfl crs, the Seller shall furnish the Purchaser with a cenifcate that such compensation and insurance have been provided Such certificates shall specify the date when such cumpcasation and inannnce have been provided. 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 cadre responsibility and liability for any ,,,it all damage. Ins, Or injury ofany kind or nature olhmses%er 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 Porelmscr and any or all of the Purchawn, officers, agents and employees from and against any and all claims. losses. damages, charges or expenses, whether direct or indirect, and "better to persons or property to which the Purchaser may be put or subject by reason of any act action, neglect, emission or default on the part of the Scllcr, any of his contractors, or any of the Sellers; or contractors nRcers, agents or employees. In case any suit or other Proceedings shall be brought against the Purchaser, or its oRcars. agents or employees at any time on account or by reason of any act. action, neglect, omission or default of the Seller of nay of his contractors or any of its car their officers, agents or employees as aforesaid, the Seller hsreby agrees to assume the defense thereof and to defend the same at the Sellers, own expense, to pay any and all costs, charges, attomcys Ices and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oRcem. agents or employees in such suits or other proceedings. and in case judgment or other lien be placed upon or obtained against the property ofthc Purchaser, of said panics 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 SCllcr and his contractors shall lake all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all Ima:s and regulations with regard to safety including, but without limitation, the Occupmionnl Safety and Health Act of 1970 and all rules and cogitations issued It at thencte. Revised 03/2010