HomeMy WebLinkAbout289879 UNITED MAILING - PURCHASE ORDER - 9122226PURCHASE ORDER PO Number Page
City of9122226 ' of z
`t Collins This number must appear
" on all invoices, packing
slips and labels.
Date: 04/18/2012
Vendor: 289879
UNITED MAILING
4221-B S MASON ST
FORT COLLINS Colorado 80525-5964
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS Colorado 80521
Delivery Date: 04/18/2012 Buyer: OPAL DICK
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Residential Elec/Water Mailing
Invoice 6505
2 Residential Elec/Water Mailing
Invoice 6505
3 Residential Elec/Water Mailing
Invoice 6505
,/
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 4,194.00
1 LOT EA 4.194.00
1 LOT / EA 4,194.00
Total $12,582.00
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.
Tess cscmrtians. By statute the City of Fort Collins is exempt form state and local taxes. Onr Except ion Number is
99-WS02, Federal Excise Tax Exemption Certificate of Registry 94-6000597 is registered with the Collector of
Internal Revenue. Denver. Colamdo (Ref Colorado Revised Statutes 1973, Chapter 39 26. 114 (a).
Goods Rejected. GOODS REJECTED due to failure m nwet specifications, either when shipped or chic to defects of
damage in transit, may be returned to you for credit and arc not to he replaced except upon receipt of written
instructions form the City of Fon Collins.
Inspection. GOODS arc subject to the City of Fon Collins inspection an arrival.
11. NONWAIVER.
Failure of the Purchaser to insist Oran strict performance of the more, and conditions hereof. failure or delay to
exercise any rights or remedies pmvidcd herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of
any of the w:ammic5 or obligations of this purchase order and shall not he deemed a waiver of any right of the
purchaser to insist upon strict perfomranec hercoferany ofits rights or remedies as to any such goods, regardless
of when shipped. received car accepted, as to any prior or subsequent default hereunder, not shall any purported
oml modifiemimt ar resels%ion of this purchnsc order by the Purchaser operate as a wnivcr ofnny of the tern,
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 part of the City of Fort Collins. However. it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE, is dependent upon completion ofall applicable required inspection procedures. vWrticps arc in fact borne by the Parchascr. 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 hereafter
Freight Teme. Shipments most be F.O.B., City of Fort Collins. 700 Wood St., Fart Collins. CO R0522, unless acquired under federal or .state antitrust Imes for such overcharges relating 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 purchaw omlcr.
bill must accompany invoice. Additional chargees for packing sill not he accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufactures have distributing points in various pans of the century', shipment is Ifthe Purchaser directs the Seller In correct nonconforming or defective goods by a date to be agreed upon by the
expected from the nearest distribution point to destination. and csc... freight will be deducted form Invoice when Pnmhascr and the seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments ore made fmm greater distance. may cause the work to be performed by the most expeditious means available to it and the Seller shall pay Ill
costs associated with such work.
Permits. Scllcr shall procure at sellers sole cast all necessary permits. certificates and licenses required by all
applicable laws, regt[at ions. ord inznces and piles of the state, municipality, tcmiltry or Ind ideal subdivision where
the stork is performed, or required by any other duly constituted public authority hiving jurisdiction over the work
of vendor. Seller Ember agrees to hold the City of Pon Collins harmless fmm and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regtdations. ordinance , rules
and mquircment,
Authorization. All panics to this contract agree that the representatives are. in fact. bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Pumhase Order expressly limit acceptance to the tents and conditions stated
herein set forth and any suppicmen6 ry or additional taunt and conditions annexed hereto or incorporated Forest by
rcfcrcncc. Any additional or different tans and conditions prOmsed by seller are objected friend hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to naive on your
premised delivery date as noted. Time is of the essence. Delivery and pcdomance must be effected within the time
.stated on the purchase order and the ducumeNs attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpartial late deliveries, shall operate as a wsaivcr of this provision. In the event nfany delay,
the Purchaser shall have, in addition to other Icgel and equitable remedies, the option of placing this onlcr elsewhere
and holding the Seller liable far damages. However. the Seller shall not be liable for drmngcs its a result of dclrys
due to causes Out reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence.
such acts of God. acts of civil or military authorities governmental priorities, frcs, strikes, fond, epidemics, oars or
riots pm%ided that notice of the conditions causing such delay is given to the Purchaser within frc (5) days of the
time when the Seller first received knmvlMge thereto In the event of ani such delay, the (late of dclivery shall be
amended for the period equal to the time actually last by reason of the delay.
3. WARRANTY.
The Seiler warrants that all good, articles materials and work covered by this order will conform with applicable
drawings. specifications, samples andlor other descriptions given, will he fit for the purposes intruded, 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 lass, damage at exrensc which the
Purchaser may suffer or incur on account of die Sellers breach ofwarranty. The Scllcr shall replace, repair or make
good. without cost to the purchaser, any defects or faults arising within one (1) year or within such longer perind of
time us stay be prescribed by Inv or by the terms of nay applicable warranty pmvidcd by the Seller after the date of
acceptance of the goods furnished hereunder (,acceptance nod to be unnosannbly delayed). resulting from imperfect
or detective work done or materials furnished by the Seller. Acceptance or use of grads by the Pumha.sor shall not
constitute a aaivcr afore claim under Ibis ours sty. fxecpl as olhcrwisc provided in this rtuchase order. the Sellers
liability herenndcr shall extend to all damages prnxinmtcly caused by the breach of any of the foregoing aromatics
or guatantca, but such liability shall in no event include low of pmfits car 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 terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Parchascr may make any changes to the Isms, other than legal tents. including additions in or deletions from
the gnantilm., originally ordered in the specification, or drawings, by verbal or wrisen change nnler. If any s wh
change affects the amount due or the time ofperformance hereunder. an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, termitntr this agreement ore to nay Or all portions of the
good, then not shipped, subject to any equitable rdjusnocat batsmen the panics ,as to any work car materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated prolits can the uncompleted
portion of the goods and/or ends. for incidental or consequential damages, and that no such ndinstntent be made in
favor of the Seller with respect to any goods which ,roc the Sellers standmd stock. No such tarounuion ,hall relieve
the Purchaser or the Seiler nfany of their obligations as many goods delivered hcrcandcr.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assered within thirty (30) days man the date the change or termination is
mdcmd.
S. 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 good arc subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required in be
incorporated in agreements of this ch... c er are hereby incorporated herein by this rcfcrcncc, I lie Seller agrees to
indemnify and hold the Purchaser hamiless front all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such Inv.
9. ASSIGNMENT.
Neither pony shall assign, transfer, or convey this order, many monies due arm became due hereunder without the
print written consent of the other piny.
10. TITLE.
The Scllcr wam. ms fall, clear and unrestricted title to the Pmchzwr for all equipment materials and items finished
in performance of this agreement, frcs, and clear of any and all licrx. reshielions, rcteryoiona, security interest
encumbrances and claims of others.
The Seller shall release the Ptuchr,cr and its contractors of nny her from all liability and claims of any nature
resulting from the performance ,f such work.
This release shall apply even in the event of fault of negligence of life party released and shall extend to the
directors. oRecis and employees of such party.
The Seller's course l obligations, including a'am, nty, shall not be deemed In be reduced, in any way, because
such work is performed or caused to he performed by the Pu¢hascr.
14. PATEN LS.
Whenever the Scllcr is required to use any design, device. mmcrial or pmccss covered by letter, patent. trademark
or copyright the Seller shall indemnify and sac harmless the Purchaser Form any and all claims for infringement
by reason of the use of such promicd design, device. material or pmccss in connection with the contract and
shall indemnify the Parchascr for any eosl. expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or afcr the completion of the work. In case said equipmem. or
any part thereof or the intended use of the goods. is in such suit held to constitute infringement and the use of
said equipment or port is enjoined, the Seller shall, at its own cspcnm and at its option, either rrncuc for the
Purchaser the right In continue using said equipment or parts, replace life sane with substantially equal but
noninlringing equipment, or tnndify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt, make an assignment for the bencft of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser 0 ithout liability.
16. GOVERNING LAW.
The definitions of Ism, used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be
construed under and governed by the laws ofthc Stale of Colomdo, USA.
The following Additional Conditions apply only in eases where the Seller is to perfom work hereunder,
including the services ofSellers Rcprescntalivc(s). on the premises ofothcrs.
17. SELLERS RE;SPONSIBILI'I Y.
The Seller .shall carry on said work of Shccr's own risk until the same is fully completed and accepted, and shill.
in case of any accident. dcslmction or injury to the wm is mud/or nmtcrials before Scilcr's final completion and
ucceptmwc, complete the work at Seller's son expanse and to the satisfaction of the Pamhaen. When nmmril(s
and equipment arc hnnished by others for installation car erection by the Seller, the Seller shall receive, inland,
store and handle snore at the site and become responsible therefor as though .such materials and/car equipment
were being furnished by the Seller under the order.
19. INSURANCE:.
The Seller shall, at his own cxpcnsc, pmvidc for the payment of workers eampeowtion. including occupational
disease bencft,, 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 Scllcr
shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public
liability in,mmtiee with hMily iniury and death limit, of to lessr 5300.0r) for any one person, S50O. NIo for any
one accident and properly damage limit per accident of S400.000. The Seller shall likewiw require his
contractors, if any, in provide for such eompensarian and inn tuacc. Before any of the Sellers or his contractors
employe,, shall do any work ,Pon the premises of others, the Seller shall furnish the Purchnser wilt a cenifimu,
that such c,,n,patsation and ineumnce have been provided. Such eenificates shall specify the this: when such
con .cnsatica and instrnnro hate been provided. Such cenificntesshall specify the date when such eompensnlion
and iasormice c.xrires. The Seiler agrees that such ctnnpcnsation nn<I insurance shall be maintained moil afer the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby ..,some, the entire mspnmibility and liability for any and all damage. loss or injury of any kind
or nature whosoever to persons or property' caused by or resulting front the execution of the work pmvidcd for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Parchascr and any
or all of the Purchases oReca, agents and employees From and against any and all claim,. hews, damages.
charges or expenses, whether direct or indirect. and whether to persons car property to which the Purchaser may
be put or subject by reason of any act, action, neglect emission 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 snit ar other
preccedings shall be bmughl against the Purchnscr, or its offiects, agents or employees at any time on account or
by reason of any act action, neglect. emission or default of the Seller of any of his contractors or any of its or
their officers. agents or employees as oforesaid, the Seller hereby agrees to assume the defense thereof and In
defend the sannc at the Scllcrs Own cxpcnsc, to pay any and all gusts, charges, attomgs fees and other espcmcs,
any and all judgments that may be inf need by or obtained against the Purchaser or any of its or their oRecrs.
agents or employees in such suits or other proceedings and in case judgment or other lien be placed upon or
obtained agninst the property of the Purchaser, or said parties in or as a result of such suits mother proceedings.
the Seiler will at once cruse the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, furnish and install all grinds necessary for the prc%cntum of
accidents, comply with all laws and regulations with regard to wfety, including. but aithont houlation, life
Occupational Safety and I Ierlth Act of 1970 and all mles and regtdations is ued pmrsnanf themm.
Revised 0312016