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HomeMy WebLinkAbout471689 JON & KATHARINE SHARP - PURCHASE ORDER - 9123034City of �,.Fo_rt Collins Date: 05/2312012 Vendor: 471689 JON & KATHARINE SHARP 2421 ROCK CREEK DR FORT COLLINS Colorado 80528 PURCHASE ORDER PO Number Page 9123034 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: 05/23/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price C3. Oi'1��v2� 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 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. Tox exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-Ws02. Federal Excise Tax Exemption Cenifieatc of Registry 84-("587 is registered with the Collector of Internal Rex cone. Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 34 n_6, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may he returned to you for credit and am not to he replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. I I. NONWAIVER. Failure of the Purchaser in insist upon strict pttfnrmance of the terms and conditions hereof. failure or delay to exercise any rights or remedies provided hcrcin or by law, failure to promptly nntify the Seller in the event of a bmncb, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the wunntics or obligaions of this purchase order and shall not he deemed a waiver crony right of the purchaser to insist upon strict performance Itercofor any of its rights or remedies as many such goods. regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported not predilection or rescission of this purchase order by the Purchaser operate as a waiver ofany of the terms hector. 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 pan of the City of Fort Collins. Hmxcvcr it is In he understood that FINAL Seller and the Purchaser recognize that in venial economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of ill npplicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as considemtion for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tcros. Shipments must be ROM -City of For, Collins, 7(N) Wood Stmes . Fort Collins. CO 90522. unless acquirol under federal or state antitrust Ifor such overcharges relating to the panicoh r goods or services othenise specified on this order. If peorission is given to prepay freight and charge sepnmtely, 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. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. WIm a mannfoeturers have distributing points in various pans of the country, shipment is Tribe Purchaser directs the Seller to correct nonconforming or dcfcctivc goods by a dote to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be redacted from Invoice %%hen Purchnscr and the Selle.. and the Seller thercuner indicates its inability or unwillingness to comply, the Porchascr shipments me made front greater distance. may cause the work to be performed by the most expeditious menus available to it, and the Scllcr shall pay all cost associated with snth work Permits. Seller shall Fromm, at sellers .sole cost all necessary permits, cenificates and licenses required by all applicable laws, regulations, ordinances and rules of the state. municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public r athority having jtmsdiction over the work of vendor. Seller further ngrees to hold the City of Fort Collins himlcss from and against all liability and loss incurred by them by reason of ern assencd or established x inlation of any such laws. regulations, nnlinances, rules and requirement. Authonvtim. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authonty to bind stcjd panics. LIMITATION OF TERMS. This Purchasc Order expressly limits acceptance to the temrs and conditions stated herein set forth and any supplementary or additional temps and conditions annexed hereto or incorporated hcrcin by reference. Any addition,,] err different tans and conditions proposed by seller are obicctcd to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifynu cannot make complete shipment to nmv, on your premised delivery date as noted. Time is ofthe essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached Facto. No acts of the Pnrchaserrs inehlding, vithom limitation, acceptance of partial late deliveries, shall operate as a waiver cf this Provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies the option of pincing this order cNeolicre and holding the Seller liable for damages. Hnxvcv'cr, the Sellershall not be liable for donouges as a result of delays due to causes not removably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts ofGod, acts of civil or military authorkics, governmental priorities, fires. strikes, flood, epidemics, wars or mints provided that notice of the conditions causing such delay is given to the Purchnscr within five (5) days of the time when the Seller flan received knmeledge thereof. In the event of am' such dcl ov, the date of delivery shall be emended 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 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 panne The Scllcr agrees to hold the Purchaser harmless from any Ins, damage of expense which the Purchaser may suffer or incur on account of the Sellers breach ofwarranty, The Seller shall replace, rtpnir err make good, withmn cost to the purchaser. am' defects err fields arising within one (I) year err Milan such longer period of time as may be prescribed by law or by the tens ofany applicable xvamnty, provided by the Seller e0cr the date of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), rexacting form imperfect or detective work time or materials furnished by the Seller. Acceptance or use of goods by the Puehzscr shall not constitute a waiver crony claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend In all dnmages pmximatdy caused by the breach of any of the foregoing wamntics or guarantees, but such liability shall in no event include loss of profits or loss crust. NO IMPLIED WARRANTY OR MERCIIANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser pray make changes to legal Ic= by written change order. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the tens, other than legal terms, including additions to or deletions from the calamities onginilly ordered in the spccifientions or doxom s, by verbal or wrinen change srder. If uny .such change affects the amount due or the time of pafomancc hereunder, as equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any linm by Written change order. terminate this agreement as to any or all Portions of the goods then not shipped, subject to any equitable adjustment kl%vecn the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for enticipnad profits on the uncomplemd portion of the goods and/or work, for incidental err consequential damages. and that no such adjustment be made in favor of th, Seller with respect to any goods which arc the Scllcrs standard stock. No such minljaation shall relieve the Purchaser or the Seller ofany of their obligations as to anv goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT, Any claim for adjustment most be assencd within thirty (30) days fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wamnts 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 goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws nod regulations required In be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller ngrees to indemnify and hold the Purchaser hamres Form all costs and damages suffered by the Purchaser as 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. 10. TITLE. The Seller wamnts full, eleur and unresMeted title to the Purchaser for all equipment malerinls Ind items frnished in performance of this agreement free and clear of any and all liens, restrictions, ¢.mMtions. security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier firm 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 panv released and shall extend to the directors, otliccrs and employees cf such party. The Seller's contractual obligations, including oaranty, shall not he deemed to be reduced. in any way, because such work is pnfomed 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 copyright the Seller shall indemmiv and save taintless the Purchaser from any and nil 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 any cost expense or damage which it may be obliged to pay by reason of such infringement at any time during the proseention err inner the completion of the work. In ease said cgcupnent or anv pat thereof or the intended use of the goods, is in such sail held to constitute infringement and the use of said equipment or pan is enjoined, the Scllcr shall, at its own expense and it its option, either pmcure for the Purchaser rlic right to continue using said equipment or parts, replace the same with substantially equal but nnnin(riaging equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the bereft of creditors, appoint a receiver or tmstce for any of the Sellers property or business, this order may forthwith be canceled by the Pureha,acr without liability. 16, GOVERNING LAW. The definitions of terms used or the interpretation ofthe agrcement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to pe loin work hercunda, including the scnices of SCIIcrs Reprcscntative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's non risk until the some is fully completed cad accepted, and shall. in ease of any accident dnetmetim or ininry w the mock andfor materials before Seller's final completion cad a=rance, complete the work at Sellers own expense and to the satisfaction of the Purchase,. When materials and equipment are famished by others for installation or ereclion by the Seller, the Seller shall receive, unload. store and handle time at the site and become responsible themfor as though such maerials and/or equipment were being furnished by the Seller trader the order. IR. INSURANCE. The Sclicr shall, at his own expense, provide for the payment of workers conmpensation, including occupational disease benefits. to its employees employed on or in connection with the Work covered by this purchase order. and/or to their dgocndents in accordance with the laws of the state in Which the work is to be done. The Seller shall also carry comprehensive general liability including, lint not limited to, contractual and automobile public liability insurance with hrdily injury and death hcoi of it least S300,000 for any one person, $500,000 lot uny one nccidott and property damage limil per accident of S400.600. The Scller shall likewise require his contractors, irony, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the premises of ethers. the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates 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 Scllcr agr ecs Ihnt such compensation and insurance shall be maintained until aver the entire Work is completed Ind accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrcbv assumes the entire responsibility and limbility for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting fmm the execution ofthe work provulci for in this purchase order err in connection herewith. The Seller will indemnify and hold hemdess the Purchnscr and any or all of the Purchasers officers, agen is and employees franc cad against any rand all claims, I.mcs damn,,,. chin rgcs or expenses, whether direct or indirect, and whether to Persons or property to which the Purchnscr may he put or subject by reason of any act, fiction, neglect, remission or default no the part of the Scllcr, any of his contractors, or any of the Sellers or contractors nffucrs, agents or cntployccs. In case any suit or other proceedings shall be brought against the Purchaser, or its officers. agent or employees at any time on account or by rc,,00 of any act. action, neglect omission or default of the Seller of any of his contractors or any of its or their officers, agents err employees as aforcaaid. the Seller herebv agrees to assume the defense there.(and to defend the same at the Scllcrs own expense, to pay any and all costs, charges, attorneys fees and other expenses, ,any and all judgment that may be incuned by or obtained against the Purchaser or any of its or their ofccrs. agents or employees in such suits or other proceedings, and in case judgment on other lien be placed upon or obtained against the pmperty of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to he dissolved and discharged by giving bond or mhcrwise. The Seller and his contractors shall take all safely precautions, furnish and install all guards necessary for the prevention of accidents comply with all Imes and regulations pith regard to safety including, but without limitation, the Occupational Safetyand Health Actor 1970 and all miles and regulations issued pursuant thereto. Revised 03/2010