HomeMy WebLinkAbout461405 TREBUCHET GROUP - PURCHASE ORDER - 9141805Fort Collins
Date: 03/31/2014
Vendor: 461405
TREBUCHET GROUP
405 MASON CT SUTIE 113
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9141805 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 03/28/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
CONSULTING SERVICES
1004
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.mm
1 LOT LS
5,550.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522.0580
Purchase Order Terrns and Conditions
Page 2 of 2
1. COMMERCLV.DETAILS.
Tax exemptions. By statute fe City of Tom Collins is exempt from stale and local more. Our Exemption Number u
9&04502. Federal Excise Tax Exemption Crnificam of Registry 84-6000587 is registered with the Collector of
Interest Broome, Denver, Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39-26. 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit may be retained to you for credit and are not to be replaced except upon receipt of written
imwgiomf the City of Fan Collins.
Inspection. GOODS are subject o the City of Fort Collins inspection on anival.
Final Acceptance. Receipt of the merchandise, stories or equipment in response to this order can
result in
authorizeth d payment on e pan of the City of Fort Collins. However, it is to be understood thatFINAL
ACCEPTANCE isdependentuponrompaoionofallapplicabler uimf inspection procedures.
Freight Terms. Shipments mind be F.O.B., City of For Collins, 7W Wand St., Fort Collins, CO 80522, unless
otherwise specified on this order. If pcemissinn is given to prepay freight and charge separately, the critical freight
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Disarsce. Where manufacturers have discribming points in cariom parrs of the comply, shipment is
expected form the nearest distribution point T. dico emio t, and excess freight will be deducted form Invader when
shipments are made form greater distance.
Permits. Seller doll pmcure at sellers aide cost all necessary, pnmru, cenifiearo and licenses squired by all
applicable laws, regulators, ordican. and tales of Nr stem, finamaini iry, temtory or political subdivision where
the work is performed, or required by any other duly constituted public authority haviogjurivliefion over the work
of vendor. Seller fuller agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, tales
and requirements.
Anthori¢ztum. All parties IT this contact agree flat the mprewat i ives art, in fact, bore file and possess full and
complete authority to bind said Parties.
LIMITATION OF TERMS. This Purchase Omni expressly limits acceptance T. the a. and ronditiare stored
herein set forth and any supplementary or additional terms and conditions annexed hereto or Incoryomtcd herein by
reference. Any additional or different moos and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately try.. cannot make complete shipment so arrive on your
promised delivery date as noted. Time is of the essece. Delivery aril pedo.., must be effecred within the time
stated oa she purchase order sad the decumrns amnched hereto. No acs of the Purchased including, without
limitation, acceptance alpinist late deliveries, shall operae as a waiver of this provision. In the event crony delay,
the Puchs[r shall have, in addition Ira Other legal and auilable remedies, the option of placing this order elsewhere
and holding the Seller liable for damage. However, the Schur shall not b< liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its rasoreble control all without is fault of negligence,
such acts ofGW, cs ofcivil mmilitary amharities, eovemmental primifrs,f s, strikes, flood, epidemic. wars or
Toots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of The
time when the Seller find Occurred knowledge Thereof. In the event of any such delay, the dam of delivery shall be
extended far the period equal to the time sacredly lost by roman ofthe delay.
3. WARRANT-Y.
The Seller warrants that all goads, ankles, reoemats and work covered by Ws order will contractor with applicable
drawings, specificatiom, samples andim 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 etude. The Seller agrees to hold the purchser hom less from any loss, damage or export which the
Purchaser may suffer or icur an account arm, Severs breach of war tut, The Seller shall replace, repair or make
gad, without matt the purchases any defects or faults arising within one (1) year or within such longer period of
fire as may be musical by law air by the terms of my applicable warranty provided by the Seller after On, date of
accepancc of The goods burnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials fumished by fie Seller. Acceptance or use of gouts by the Purchaser shall not
institute a waiver of any claim undo this warranty. Except m otherwise provided in this purchase order, the Sellers
liability heeonder &hull extend to all damages proximately cased by The breach of any of the forgoing warranties
in gumontos, but such liability shall in no event include loss of profits 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 terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the arms, afar than legal terns, including ndditiom to or deletions from
the guars tics originally ordered in the specifications or drawings, by verbal ur wo rrn change order. If any such
change a@es fie amount due or fie time ofperfomance hereunder, an equitable adjustment shall be more
6. TERMINATIONS.
The Purehaser navy at any time by written change other, mon irsom This agreement as a any ar all Foniom of the
goods then not shipped, subject to any equitable adjustment between the parties m to any work or materials then in
progress provided that the Purchaser shall at be liable far any claims for anticipated Froths on use uncomplesed
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor pith. Seller with restrict W any gwLLs which are the Sellers standard stock. No such irradiation shall relieve
The purchaser m the Seller of any offcir obligations u to any goods delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be aliened within thirty (30) days from the date the change or termination is
coned.
S. COMPLIANCE WITH LAW.
The Seller weapons that all goods sold hereunder shill have been produced, sold, delivered and fumished in strict
compliance with ill applicable laws and regulations to which the goods are subject The Sella shall execute and
deliver such docvmenu m may be, required to effect or evidence compliance. All laws and regulations national to be
incorporated in agreements of this character we hereby incorporated herein by this reference. The Seller agrees to
indemnify and bold the Furtherer harmless from all costs and damages suffered by the Purchaser as a result of fie
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither patty, shall resign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent ofthe other party.
10. TITLE.
The Seller wamans full, clw and unrtstricar l till, to fie Purchaser for all equipment, materials, all items furnished
in per.. of fit agreement fire and dear of any and all lions, restrictions, fifervaliom, sracity interest
mcumbranco and claims of esters.
11. NONWAIVER.
Failure of the Purchaser b insist upon strict pert ace of the tenets and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure ti Formally notify the Scller in the event of a
breach, the ccepranre of or paymem far goods hereunder or approval ofthe design, shall not release the Seller of
any of the warranties or obligations of this purchase Omer and shall not be deemed a waiver of any right of the
purchaser m insht upon strict performance hereofor any arm rights or remedies as to any such goods, regardless
of when shipped, received or accepled m to any prior or subsequent default heeundrr, nor shill any pfuported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the from
hetcof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in noted economic practice, overcharges resulting form mmlimrst
violations are in fact home by den Purchaser. Thcmtofore, for good cause and as consideration for executing this
purchase order, the Scller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or state antitrust laws for such overcharges relating to the pur icalor goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser dia is the Sidle, to correct nonconforming an defective goods by a date to be agreed upon by the
Puchasv and the Seller, and the Seller thereafter ins into its inability or unxillingness to comply, the Purchaser
may cause the work to be pert ed by fie most expeditious memo mailable to it and the Seller shall pay all
cases assaiated with such work.
The Seller that release the Puchaser and its contractors of any tier from all liability and claims of any aature
resulting fruit she 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, officers and employees of such party.
Thc Sellds coarsened .1the tiom, including warranty, shall not be domed N be reduced, in any way, because
such work is performed or caused or Is, pert ed 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 Stile, shall indemnify and save harmless the Purchaser Gram any and at I 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, expome or damage which it Troy be obliged to pay by.. of such
infringement at any time during she prosecution or after The completion of the work. In case said equipment or
any pan thereof or the intended use of the goods, is in such suit held to comtimte inGngemens and the use of
said equipment or prat is joiner, the Seller shall, at its own expense and at its option, either pmcure for the
Purchaser the right to continue using said equipment or pans, replac the same with substantially equal but
noninGnging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Sella shall become insolvent in bankrupt make an assignment for the benefit of creditors, appoiat a
receiver ar Trader for any of the Sellers property or business, this order may forthwith He canceled by The
Purchaser without liability.
16. GOVERNING LAW.
Thc definitions oftems used or the inTcrpretation of she agreement and the nghs of all ponies hereunder shall be
compound hider and governed by the laws ofthe State ofCmlorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including fe services of Sellers Represeraa ove(s), on the premiers mfothisrs,
17. SELLERS RESPONSIBILITY.
The Seller shall any on said work at Sellers own risk until fie arm it; fully completed it accepted, and shall,
in case of any accident, destruction or injury to the work anjor materials before Seller's final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When mammals
and ryurpment arc famished by others for installation or erection by the Seller, the Seller shall receive, formal,
score and handle same m fie site and become responsible therefor as though such mcerials major equipment
were being fumished by fie Seller under the miner.
18. INSURANCE.
The Seller shall, at his own expense, provide for 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,
and/or to Their depeMenu in accordance wit The laws of the scale in which the work is To b, dram. The Seller
shill also carry comPrehemive general liability including, but not limited to, communist and automobile public
limiliry inmumme with Wilily injury all death limits of at least S300.Wo for any one person, S500,000 for any
e accident and property damage limit per accident of S400,000. The Seller shall likewise mature his
if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shill do any work upon the premises of ofens, the Seller shill famish The Purchaser with a certificate
shot such compemntion and insurace have been provided Such mardearo shall specify the date when such
compensation and Improver have been provided. Such eerifiaeas shall specify fie date when such compensation
and insurance serious. The Sella agrees Nat such compensation and insurance shall be maintained until after fie
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Srlla hereby ass es the emir responsibility all liability for any all all damage, loss or injury army kind
or reurm whatsoever to persons or property caused by or resulling form fie execution affe work provided for in
this purchase order or in connection herewif. The Seller will indemnify and Held harmless The Purchaser all any
r all of The Purchased o iroo. agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property in which the Purchaser may
be put or subject by Orman of any am, coma, seal mnecamn or default oa the per. of the Seller, any of his
contractors, or any of The Selled or Co..,.. oBicers, agents or employees. In eau any stir m pairs,
proceedings shall b<bcaught option flat Purchaser. or its officers, agents or employees at any date on account or
by rasa. of any act, action, neglect, omission at default of the Scher of any of his composition or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defame thereof and to
defend the same at the Sellers own expense, m pay any and all rocs, charges, attorneys fees and other expenses,
any and all judgments That may be incurred by or obtained against The purchaser or any of its or their officers,
agents an employees in such suits or other proceedings, and in most, judgment or other lien be placed upon or
obtained against the properly offle Purchaser, or said Panic in or as, a resdp attach suits or other proceedings,
the Seller will at once cause the ante to be dissolved and dischmeed by giving bond or oherwise. The Seller and
his contractors shall take all safety precaudiom, famish and metal all guards naessan, for the prevention of
accidents, comply with all laws and regulatioe with regain to safety including, but without limiation, The
Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant fames.
Revised 03R010