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HomeMy WebLinkAbout111519 HAMILTON ASSOCIATES INC - PURCHASE ORDER - 9122101City of �,.F�ort Collins Date: 04/11/2012 Vendor: 111519 HAMILTON ASSOCIATES INC 14700 W 66TH PLACE UNIT 11 ARVADA Colorado 80004 PURCHASE ORDER PO Number Page 9122101 1 of 2 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: 04/11/2012 Buyer: / JAMES HUME Note: Line Description Quantity UOM l}nit Price Extended Ordered Invoice 111220-01 1 LOT LS / 1,755.87 Meter Rings 2 Invoice 111220-02F Meter Rings C3. Oily-�sQ � 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 / LS 5,659.50 Total $7,415.37 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 I. COMMERCIAL DETAILS. Tax exemptions. By satutc the City of Fort Collins is exempt from state and local Iaxcs. Our Exemption Number is 11. NONWAIVER. 95-W502. Federal Excise Tax Exemption Cenifiwte of Registry 84-000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tans and conditions hmof. L iltim or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies pmvided herein or by law, failure to pmmplly notify the Seller in the event of a breach, the aeeepti nor offer payment for good hereunder or approval ofihe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications. dither when shipped or due to defeats of any of the wnmntici err obligations of this purchase order and shall not be deemed to waiver array right of the damage in transit, may be returned to you for credit and arc not to he replaced except uesm receipt of written purchaser In insist upon strict performance hercof ear env TINTS rights or rcmedics as to any such goods mp ollcas instructions from the City of Fort Collins. of when shipped. remived or accepted, as to any prior or subsequent default hereunder. nor shall any purpnncd oral noudifieation or reseissjon of this purchase onler by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the Citv of Fort Collins inspection on arrival. hereof. Final Acceptance Receipt of the mcrchandisc. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUSTCLAIMS. authorized payment on the pun of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges iesubing from antitrust ACCEPTANCE, is depcndcne upon completion off]] applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller herchy assigns to the Purchaser any and ell claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fen Collins. 7M Wand St. Fort Collins, CO 50522. unless acquired tinder federal or state of ilmst laws for such overcharges relating to the particular goods or services otherwise .specified on this order. If ponni.sMon is given to prepay freight and charge separately, the original freight purchased on acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. U. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective Foods by a date to he agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchascr and the Seller, and the Seller thereafter indicates its inability ear nmvillingncss to comply. the Purchaser shipments ore made from greater distance. may cause the work to he performed by the most expeditious means available to it. and the Seller shall pay Of costs associated with such work. Pennies. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ardimere, and rules of the state. municipality, territory or political subdivision where the work is perfomM, or required by any other duly constituted public authority having jurisdiction over the work of v.dor. Seller further agrees m hold the City of End Collins homdess form and against all liability and loss incurred by them by mason of an asserted or established violation crony such laws, regulations, ordinances, roles and requirements. Authferizaliom. All parties to this contract agree that the representatives are, in fad bow fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein Or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if vote cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofihe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No aces of the Purchasers including, without limitation, acceptance of partial 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 rcmedics. the option of placing this order elsewhere and holding the Seller liable for damages However, the Seller shall not he liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence, .such acts of God, acts ofcivil or military authorities. governmental priorities, fires, strikes. Bond, epidemics, wars 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 Best received knowledge thereof. In the event crony mch delay, the date of delivery shall be extended for the period equal to the time actually lose by reason of the delay. 3. WARRANTY. The Scllcr wfmnts 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 fir for the purposes intended, and Performed with the highest degree of cam and competence in accordance with accepted standards for work are, similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expcmc which the Purchaser may suffer or incur on account of the Scllcrs breach of wamnty. The Seller shall replace, repair m make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the tents Tiffany applicable wamnty provided by the Seller after the date of acceptance of the goods fornished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials finished by the Seller. Acceptance or use of goods by the Purchaser shall nor constitute a aaiver ofany claim under this wamntyy. Exccpt as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximatcly eauscd by the breach of any of the foregoing oam. ntics or guamntccs, but such liability shall in no event include loss of PmBts or loss refuse NO IMPLIED WARRANTY OR MERCHANTABILE-Y OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchascr nmv make any changes to the terns, other than Icgeel terms, including additions to or deletions firma the quantities origirselly ordered in the specifieatienx or drawings, by verbal or written change order. If any such chance 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 of the goods then not shipped, subject to any equitable adjuament bctocen the parties as to any work or materials then in ,regress provided that the Purchase, shall not be liable for any claims for anticipated proBls on the uncompleted Perrino afire goods and/or work, for incidental or consequential damages, and that ern such adjustment he made in favor of the Seller with respect to any good which are the Shcers standard stock. No such temmination shall relieve the Purchaser or the Seller crony officer obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days frcm the date the change or tcomination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been Produced sold, delivered and furnished in since 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 be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser barmicss from all costs and damages suffered by the Purchascr as a result of the Scllcrs failure to cmmpty with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any mmnics due or to become due hereunder wilhoal the prior written consent of the other parry. I0. TITLE. The Seller wmmnis full, dear and unrestricted title to the Purchnscr for all equipment, materials, and items furnished in perfomnnee of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of olhem. The Seller shall release the Purchaser and its contractors of firs, tier from all liability and claims of anv 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 dirccmrs, affccesand employees of such party. The Sellet's contractual obligations, including wumaty, shall not be deemed to be reduced, in any wavy, because such work is performed or caused to be performed by the Purchascr. 14. PATENTS. Whenever the SClicr is required to use any design, device, material or proves covered by letter, patent, trademark or copyright. the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringcmcm by reason of the use of such patented design, device, material or process in connection with the cnntrant, and shall indemnify the Purchascr for any cost, expense or damage which it now be obliged to pay by reason ofsuch infringcmcnt at any time during the prosecution or after the completion of the work. In cam said equipment. or ,any part thereof or the intended rise of nhc good. is in such suit held in constitute infringcmcnt and the use of said equipment or part is enjoined, the Seller shall, at its none expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with snbsmntially equal but noninfringing equipment, or nmdify it sir it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or nursed, for any of the Sellers property or business, this order may forthwith be canceled by the Purchawnvithor t liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation afthc agreement and the rights ofall parties hereunder shall be constmcd andcr and governed by the lases of the Slate of Colorado, USA. The following Additional Conditions apply only in eases where the Seller is to perfume work hereunder, including the services of Scllcrs Representative(s). me the premises of uthcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry, on said work at Scllcr'.s man risk until the same is fully completed and accepted, and shall, in case of any accident. dcstmclion or injury, to the work and/or ntmcrials before Seller's final completion and acceptance, complete the work at Setters own expense and to the satisfaction of the Purchaser. When materials and equipment are finished by others for installation or erection by the Selicr, the Seller shall receive, unload, store and handle same at the site and beenmc responsible therefor as though such materials andfor equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shill, at his own cxpemc, provide for the payment of wmkcm compensation. including occepatiowl disease bens Bus, 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 he done The Seller shall also carry comprehensive general liability including, but not limited to, domineered and automobile public liability insurance with bodily injury and death limits of at least S30n.000 for any one person. $500,000 for any one accident and property damage limit per nccidcnt of 5400.000. The Seller shall likewise require his coalmdnrs, if any, to provide for such compensation and insurance Before any of the Sellers or his contractors cmpluyccs shall do any work upon the pre nti,ses artifices, the Seller .droll furnish the Purchaser with a certificate that such compensation and insurance have been pmvided. Such eenificates shall specify the date when such compensation and insurance have been provided Such certificates shall specify the date open such compensation and insumnc, expires The Scllcr agrees that such contpcnsmion and insurance shall be maintained until offer the entire work is completed and accepted. 19. PROTFCI'ION AGAINSTACCIDENTS AND DAMAGES. The Scllcr hereby assumes elm entire mspnnsihilityand liability fortify and all damage, loss or igiory of any kind or wnnre whntsocver to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection hcresrilh. The Seller will indemnify and hold harmless the Purchascr and any or all of the Purchasers oniccrs, agents and employees from and against fey and all claims, losses, damages, charges or expenses, whether direct or indirect. and whether to persons ear property to which the Purchaser may be put or subject by reason of any act. action, nigher, emission or default on the pan of the Seller, any of his comments. or tiny of the Scllcrs or contractors officers, agents or employees In case any suit or other proceedings shall her brought against the Purchascr, or its of icors, agents or employees at any time me recount or by reason Tiffany act, action, neglect, omission or default of the Seller of Tiny of his contractors or any of its or their effects, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and In defend the same at the Scllcrs non expense, to pay any and all costs, charges, anomcys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their OMCM., agents or employees in such suits or other pr ccedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suite or other Proceedings. the Seller will at once cianc the same in be dismlecd and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions furnish and install all gtmrds necessary for the prmtnlinn 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 all rules and regulations issued pursuant thereto. Revised OM2010