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HomeMy WebLinkAbout110816 UTILITY NOTIFICATION CENTER - PURCHASE ORDER - 9121832City of /*"Fo�rt Collins PURCHASE ORDER PO Number Page 9121832 1of2 This number must appear on all invoices, packing slips and labels. Date: 03/28/2012 Vendor: 110816 Ship To: ELECTRIC UTILITIES UTILITY NOTIFICATION CENTER CITY OF FORT COLLINS OF COLORADO 700 WOOD ST 16361 TABLE MOUNTAIN PKWY FORT COLLINS Colorado 80521 GOLDEN Colorado 80403 Delivery Date: 03/28/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price Payment of Annual Membership 1 LOT LS 30,000.00 Total $30,000.00 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Ordcr Tcros and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stemte the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11 NONWAIVER. 98-04502, Fedcml Excise Tax Exemption Certificate of Registry 54-600(l is registered with the Collector of Failure of the Purchasc, to insist upon strict performance of the terms 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 provided herein or by law, failure to promptly notify the Scllcr in the event of a breach, the acceptance ofm payment for goods hereunder or approval of the design. shall 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 domed a avaiver of any right of the damage in transit. may be reamed to you for credit and arc rust to be replaced except upon receipt of written purchaser to insist upon strict perfomance hercofor any of its rights or remedies as to anv such goods, regardless instructions fmm the City of Fort Collins. of mhen shipped, received or accepted, as in any prior or subsequent default hereunder. nor shall any parponcd oral madificntion or rescission of this purchase order by the Purchaser operate as is waiver of any of the terms Inspection. GOODS am subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can rcmlt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. Hoxaver, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges revolting from antitrust ACCEPTANCE is dependem upon completion ofall applicable required inspection pmecdnres. violations are in fact home 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 new have or hcrcafcr Freight Terms, Shipments must be F.O.B., City of Fan Collins, 700 Wood St.. Pon Collins. CO 90522, unless acquired under federal or state antimast laws for .such overcharges relating to the particular gmds or services otherwise .specified on this order. If pevnission is given to prepay freight and charge separately, the original freight purchtiacel err 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 Dwance, Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser diencu the Seller to correct nonconforming or defective goods by a date to be coded upon by flue expected from the ncnecst distribution paint to destination, and excess freight will be deducted from Invoice when Purchaser and the Selicq and the Seller Ihemti Oer indicates its inability or unwillingness to comply, the Purchaser shipments am made from greater distance. may cause the murk to be performed by the most expeditious means available to it, and the Seller shall pay all costs asmmosd with such work. Permits. Seller shall formed, at wilco, sole cost all mecssary permits, certificates and licenses required by all applicable laws. regulations. ordinances and mles 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 vender. Scllcr further agrees to hold the City of To" Collins harmless Farm and against all liability and loss incurred by them by reason of an assenal or established violation of any such laws regulations, ordinances. rules and requirements. Authorization. All panics to this contract agree that the representatives are. in fact. bona fide and possess fill and complete rutho,ity In bind said panics. LIMITATION OP TERMS. This Purchase Order expressly limits acceptance to the teams and conditions stated Immin set forth and any supplementary or additional mods and conditions annexed hacto or incorporated herein by reference. Any additional or different toms and conditions proposed by scllcrm, objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe csscnce. Delivery and performance must be effected within the time stated an the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acceptance of partial Into 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 of placing this order clsea'hem and holding the Seiler liable for damages. Howcvcr, 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 ofncgiigenev, such act, of Gad, acts ofeivil or military authorities, governmental priorities, fires. strikes, fond, epidemics, wars or dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller for 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 lost by reason ofthe delay. 3.WARRANTY. The Seller wzrnants that all gmds, articles, materials and work em'ered 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 far work of a .similar nature The Seller agrees to hold the purchaser Formless from any loss, damage or expense which the Pumhascr may suffer or incur on account of the Selleo, breach of warranty The Seiler shall replace, repair or make good, without vest to the purchaser, any defects or faults arising within one (D year or within such longer period of time as may he prescribed by Iry or by the terms ofany applicable ounanty pm vidcd by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or dcfx ivc work done or nai nizls furnished by the Seiler. Acceptance or use of goods by the Purchaser shall not constitute a aaaiacr of anv claim under this warranty. Except as ofhen%he provided in this purchase nrden the Scllcrs liability hereunder shall extend to all damages reaximmcly 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 more, by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms. including additions to or deletions fmm the quantities originally ordered in the specifications or draw ings, by verbal or written change order. If any such change affects the amount due or the time ofperfomancc hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may it any time by written change order, terminate this agreement as to any or all portions of the goads then not shipped. subject to tiny equitable adjustment betwven the panics as to any work or materials then in progres pmvided that the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted portion of the goods odlor avork, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any good which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seiler ofany of their obligations as to any good delivered hnmmder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be nscrtcd within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller xaarart that all goods sold hacundcr shall have been parduccd. sold, ddivered and famished in strict compliance with all applicable laws and regulations to which the gnods 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 are hereby ineorprmied herein by this mfncn a,. The Seiler agrees to indemnify and hold the Purchaser ham from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply wish such lam. 9. ASSIGNMENT. Neither party shall assign, tmadcn or convey this order, or any monies due or to bccomc due hereunder without the prior written consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and unresMemd title to the Purchaser for all equipment. materials, and items famished in performance of this agreement free and clear of any and all liens, restrictions, rescrvations security interest cncumbmnccs and claims of othem. The Seller shall release the Purchaser and its contractors of nmv tier Tom all liability and claims of any nature resulting from the performance ofsuch work, This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, of jeers and employees of such party. The Seller's reannettml obligations, including warmnry. shall not be deemed to be reduced, in any way, because such work is perforated or caused fa be performed by the Pumhascr. 14. PATENTS. Whenever the Seller is required to use any design device, material or process covered by letter. patent, trademark or copyright, the Scllcr 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 pmccs in connection with the eor a t. and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch 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 gmds, 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 precom for the Purchascr the right to continue using said equipment or pans, replace the same with substantially equal but mninfringing equipment. or madify a so it becomes noninfringinF. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tmstec for any of the Sellers pmperty or business, this order may forthwith he canceled by the Parchtiscr without liability. 16. GOVERNING LAW. The definitions offcmw used or the interpretation ofthe agreement and the rights ofali panics hnaadcr shall be construed under and governed by the laws of the State of Colomdo. USA. The following Additional Conditions apply code in cases wham the Seller is to perform work hereunder. including the services of Scllcrs Repmsenmative(s, on the promises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall. in ease of any accidau, deoraction or injury to the work and/or materials before Seller's final completion and acceptance, complete the wok at Seller's own expense and to the satisfaction of the Purchaser. When ntntcrials and equipment arc furnished by others for installation or erection by the Scllcr, the Seller shall receive, unload, store sad handle same at the site and become responsible therefor as though such materials and/or equipment more being furnished by the Seller under the order. 19. INSURANCE. The Seller shall. at his man expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed an 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 wfad, is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability imsorxnce -ah bodily injury find death limits of at least S300,000 for any one person, 5500.000 for nay one accidcm and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide lie such commpensmion and insurance. Before anv of the Sellers or his contractors cmpinyeca shall do any work open the premises of others, the Seller shall furnish the Purchaser with a cedifiemc that such compensation and insurance have been provided. Such eenificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and inmmncc shall he maintained until afcr the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby i sumes the entire responsibility and liability for internal all damage, loss or injury ofany kind or anion, whatsoever to persons or property caused by or resulting fmm the execution ofthe work pmvided for in this purchase order or in connection herewith, The Seller will indemnify and hold hammles the Purchaser and any or all of the Purchasers offmcm. agents and employees farm and against any and all claims, losses, damages, charges or expenses whether dircet or indirect. and whether to persons or property to which the Parchascr may be pin or subject by reason of any net, act inn, neglect, emission or default on the pan of the Seller, any of his contractors, or any of the Scllcrs or contractors oRecrs, agents or employees. In case any suit or other pmecedings shall be brought against the Purchaser. or its officers, agents or employees al any it oa account or by reason of any act action, neglect omission or default of the Seller of any of his contractors or any of its m their oRcns, agents or employees as afaremid, the Seller Immbv agrees to assume the defense thereof and to defend the same a1 the Sellers own expense, to pay any and all costs, charges, a mancys fees and other expenses, any and all judgments that may be incurred by or obtained against the Pumhascr 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 pmpenv ofthe Purchaser, or slid panics in or as a result ofsuch suits or other proceedings. the Seiler will at once cause the same to be dissolved and discharged by giving bond orothnavise. The Seller and his contractors shall take all safety precautions, furnish and install all guards neccsary for the prcvcation of accidents. comply with all Imes and regulations with regard to safety including, but without limitation, the Oeory hoal Safcty and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 0312010