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HomeMy WebLinkAbout492333 SOLOMON CORPORATION - PURCHASE ORDER - 9141278Fort Collins Date: 02/27/2014 Vendor: 492333 SOLOMON CORPORATION PO BOX 245 SOLOMON KS 67480 PURCHASE ORDER PO Number Page 9141278 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 02/26/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Contract to provide transformer repair; 2014 CONTRACT TO PROVIDE ALL MATERIAL, LABOR AND TRANSPORTATION FOR THE REPAIR OF VARIOUS DISTRIBUTION TRANSFORMERS IN ACCORDANCE WITH CITY OF FORT COLLINS LIGHT AND POWER SPECIFICATION #368-595, REVISION A City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 25,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tents and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptiom. By statute the City of Fan Collim is exempt farm state ad local ..as Our Exemption Number is 9g-04502. Federal Excise Tax Exemption Certificate of Registry, 84-600058I is registered wim the Callecmr of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statures 1973, Chapter 39-26, 114 (a). Goods Rga,ed. GOODS REJECTED due,. failure to meet specifications, eimn when shipped or due to defects of damage in transit, may be muted to you for credit and are not u be replaced except upon receipt of written instructions farm the City of Fan Collins. Impedian GOODS are subject as the Cily of For Collis¢ impaction on arisaL Final Acceptance. Receipt of the merchandise, services in equipment in response to this order ban result in authoriacd payment on the part of the City of Fort Collins. However, it is to be understood thaI FINAL ACCEPTANCE is depandent upon completion of all applicable mluired impctiow procedures. Freight Drum. Shipments must be F.OJL, City of Fort Collins, 700 Wood SL, Fort Collins. CO 80522, unless otherwise specified on this order. Upermission is given to prepay freight and charge separately, the confuted freight bill mart accompany invoice. Additional charges our lacking will not Ix accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the coumry, shipment is expected arum ,he nearest distribution point 1. distinction, and excess freight will In, deducted farm Invoice when shipments arc music from greater distance. Permits Sella shall grown at sellers sole cost all necessary permits. cettifiwtes and licenses requirad by all applicable laws, regulations, ordinances and Odes of the state, municipality, mrtimry, or political subdivision where the work is Performs], or required by tiny other July commuted public authority having Jurisdiction over the work of vendor. Solar father ogress ,, held the City if For Collins harmless from and against all liability and loss national by (Into by reason of no waited or Mmhh,hed violmion Of any such laws, regulations, odinmeM, rules and requirements. AutherizmunO All parties In this contract agree but the representatives are, in fact, bona fide and pmsess full and complete authority 1. bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teams and conditions stated herein set form and any supplementary or additional terms and conditions annexed harem or incorporated herein by reference. Any additional or dill ,can fterma and conditions proposed by seller are objected an and hereby injected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdimely if you cannot make complete shipment to arrive on your promised delivery date as ruled. Time is of the assrnm. Delivery and performance am, Is, eRected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of Banill lam deliveries, shall opmte as er waiver afthis Provision In the sent ofany delay, the Purchaser shall have, in addition to timer legal and equitable readies, the option ofplacing this order elsewhere and holding Ibe Seller liable for damages. However, the Seller shall not be liable for damages as a mutt of delays due to causes nod reasonably formable which are beyond its reasonable mutant and without its fault of rcgligemq such was of God, acts ofcivil or military authorities, gevemmer al prionties, fires, strikes, Bond, epidemics, wars or riots provided that notice of the conditions coming such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of my such delay, the date of delivery shall d extended for the paned appal 1. the time actually lost by rcamn of me delay. 3. WARRANTY. The Seller warrants that all goods, guides, .,,data and work covered by this order will conown with applicable drawings, specifications, samples mk.r other descriptions given, will be fit for me purposes intended, and performed with the highest degree of care and competence in accordance with accepted sundrd for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account blithe Sellers breach cremation, The Seller shall replace, repair or make good, without cost to the purchaser, any defends or faults arising within one (1) year Or within such longer period of time as may be prescribed by law or by the terns of my applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under Ibis warranty. Except as mherecow provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprof x or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FIT NESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal (emu by written change order 5. CHANGES IN COMMERCIAL TERMS. The Enrichment may make any changes to the mina, weer man legal rearms, including additions a or deletions fmm the gcarinfesoriginally Ordered in the efecificmiam or drawings, by cabal or womfin change order. If any such change afects the amount due or Ja time. ofperlwarro , hereaufer, an intrinsic adjmtmmt shall be made. 6. TERMINATIONS. The Purchaser may a1 any time by written change ender, amo real, this agreemend m many or all pa.a. of IM goods men rot shipped, subject to any equiabla djustmeo, between the gam. as m any work or materials ,hen in progress Provided that the Purchaser shall not be liable for any claims far anticipated profits on me accompanied Portion of the good ankm work. for incidental m amampommial damages, and (tut ran inch adjustment be mace in favor of the Seller with copal 1. any good which art the Sellers standard stock. No such termirawn shall relieve the Puabaser or the Sella ofany.ftheir obligations as 10 my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mum be asserted within mirre (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all giants, sold hereunder shall have been produced, sold, delivered and famished in side, compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be required m effect in evidence compliance. All laws and regulations required to be incorporated in ii,ammem of this choracam arc hereby incorporated herein by ,his reference. The Seller agmcs to indemnify and hold the Purchaser harmless fmm all casts and damages sunned by the Purchase as a result of the Sellers fait... 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 he prior written consent of the that party. I D. TITLE. The Seller warrants full, clew and unrestricted title to the Purchases for all equipment, materials, and itam burnished in performance of this agreement, free and dam of any and all liens, mtrictiom, reservations, security intamt encumbrances and claims afothers. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of me terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly a.tify the Seller in the event of a breach, the acceptance offer Beynew for goods bereunde, or approval of lm design, shall ma filesse the Seller of any of the warranties or obligations of this Purchase order and shall tut be deemed a waiver of any right of me purchaser to insist upon swirl performance hereofor any epics rights or remedies as to my such good, regardless of when shipped, received or accepted, as as soy prior or sabuquent default hereunder, nor shall any prirponed anal modification or rescission of this purchase order by the Purchaser operate m a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser reco ffice that in actual « is practice, overcharges resulting from an a. tu violations am in fact home by the Prominent. Theretofore, for good came and an concentration for executing this purchase order, the Seller hereby assign; on, me Purchase any and act claims It may now have or h re alkr acquired under Federal or sate antitrust laws for such overthages relating to ,he particular goods or services purchased or acquird by me Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to coact nonconforming or defbetive gouda by a date,a be agreed upon by the Purchaser and the Seller, and the Seller ,hereafter indicates its inability or unwillingness to comply, the Purchaser any muse the work to be performed by the most expedition means available to it, and the Seller shall pay all casts associated with such work. The Seller shall release the Purchaser and its wounictors of any tier from all liability and claims of any nature burning farm the performance of such work. Ibis release shall apply even in the event of fault of negligence of the party released mud shall extend to the directors, o0icen and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perfmmd by the Purchaser. 14. PATENTS. Whenever me Seller is acquired 10 use any design, device, material or process covered by Ia1a, ratem. trademark Or copyright, me Seller shall indemnify and save IwmkAa the Purchaser from any and all claims for infringement by reason of the we of such patented design, device, amid.) or process in connection with the comma, and shall indemnify me Purchaser for any east, expense or damage which it may d obliged W Pay by reason of such infringement at any time during the penetration or after the completion of the work. In case mid equipment, or my Pan thereof or the intended me of the goods, is in such suit held to cumtimte infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either parcum for the Purchaser the right to continue using said equipment or pares, replace the same with substantially equal but noninfdnghng equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall became insolvent or baNaupq make an assignment for the beam of creditors, appoint a receiver or trmrce for any of the Sellers proprmy or bmssma ine, this Order y forthwith the canceled by me Pumhrom without liability. 16. GOVERNING LAW. The definitions of term mail or me interpretation addle agreement and the rights of all ponies hereunder shall be camtmed under ad governed by me laws ofine Stare of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereuder, including the services of Sellers Representative(s), on Use premises of others. 12. SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Sellers own risk .,it me same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work maker materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by .,hers for installation or erection by the Seller, the Seller shall receive, unload, ,,are and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. Ill. INSURANCE.. The Seller shall, at his own expense, provide far the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order maker to their depandents in accordance with the laws of the state in which the work is to be show. Tha Seller shall also carry comprehensive general liability including. but not limited to, mntmdaal and automobile public liability insurance with bodily injury and death limits arm least SEXL000 for my one person, $24R. 0 for any ono accident and propmy damage limit pes accident of S400,000. The Sella shall likewise inquire his conimcto s, H ary, m provide for such compensation and imarence. Before any of the Salim or his comaramnrs employees shall do any work upon Use premises repeaters, m[ Seller shall f ism me Purchaser with a certificae that such commensalism and insurance have been provided. Such cerifcmes shall specify the date when such compensation out insurance have been provided. Such cedi&apes shall specify the dme when such compensation and imumnre expires. Tha Seller agrees that such compensation and insurance shall h<mainaired until aRer me entire .,it is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes me entire respomibiliry ad liability for any ad all damage, loss or injury of any kid or nature whe aeever to persons or propery, coed 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 Purchaser and any r all of the Purcrchasers offcas, agents and employees tram and against any and all claims, leaves, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put Or subject by mason of any act, moue, neglect, omission or default on the pan of the Seller, any of his contractors, or any of me Sellers or ontractors officers, agents or employees. In case any suit or other praeedings shall be brought against use Purchaser, or its Officers, agent or employees at any time on account or by reunion of any act, anion, neglen, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense themf and to defend the mine at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be insured by or obtained against the Purchaser or any of its or their officers, agents or employes in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against he property of the Purchaser, or said parties 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 mhawise. The Seller and his contractors shall take all safety precautions, famish and brad all guards necessary for me prevention of weidcate, comply with all laws and regulations wide regard to safety including, but without limitation, the Occupational Safety and Health An of 1970 and all roles and regulations issued pursuant thereto. Revised 03rz010