HomeMy WebLinkAbout461405 TREBUCHET GROUP - PURCHASE ORDER - 9141806Fort Collins
Date: 03/31/2014
Vendor: 461405
TREBUCHET GROUP
405 MASON CT SUTIE 113
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9141806 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
i CONSULTING SERVICES
1025
i'i
P,4
te
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
Total
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. COMMERCIALDETAILS.
Tax cxcmptions. By snare be City current Collins u exempt f sure sad local taxes. Our Exemption Number is
I I. NON WAIVER.
98-04502. Federal Excise Tax Exemption Cenificre of Registry 84-6000587 is rcgirered with the Collector of
Failure of the Purchaser to insist upov strict performmtt of the term and comitions hereof, failure or dclaY re
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sh mtes 1973, Chapter 39-26, 114 (a),
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptan«of or payment far goods hereunder or approval ofthe dean, shall not release fie Seller of
Goods Rejected. GOODS RFJECTED due to failure to meet specifeatims, either when shipped or due to defects of
any of the wannnties or obligations of this purchau order and shall not M deemed a waiver of my right of the
damage in mash, may M mounted to you for credit and are not to be replaced except upon receipt of wrinea
purchaser as insist upon strict performance hereofor any of its rights or remedies as many such goods, regardless
instructions firm the City effort Collins.
of whim shipped, received in acceyred, as to any prior or subsequent default hoehhMer, nor shall any purponed
oral modification or rescission of this purchase order by be Purchaser cinema, as a waiver of my of the term
Impaction. GOODS are subject to the City of Fan Cullim inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, sn,ices or equipment in response m this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Pon Collins. However, it is to be understood that FINAL
Seller and the Purchaser weognGe ma in actual «run is prer ocure, ovcharges resulting form mdarad
ACCEPTANCE is dependent upon completion of all applicable required impaction procedures.
violations ate in fact homTradition,ta e by be Pdition. Theofom, for good cauu and m mmideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.R., City of Fort Collins, pW Wood St., pan Collins, CO 80522, unless
acquired under federal or state anriwst laws for such overcharges relating to the particular goods or services
otherwise specific] on this order. If permission is given to prepay (might and charge separately, the original freight
purchased or acquired by the Purehmer pursuant to this pureM1ese order.
bill must accompany involve. Additional charges for packing will not be, accepted.
13. PURCh ASERS PERFORMANCEme SELLERS OBLIGATIONS.
Shipment Distance. . \\Tare manufacturers have distributing points in various pans the country, shipment is
If the Purchaser elle the Seller mtrta nonconforming or defttYve by a dire to be upon by be
de
point to destiariom and excess freight will M deducted from Invoice when
pari d
expected from the remain distributionedistance
rgoods no* the Purchaser
and the Seller, and the Sella thereafter indicates its lability of unwillingness to
a a ply,
shipments are made firm greater distnntt.
he Seller
may came the work to be performed by the mast expeditious means available to it, and the Seller shall pay all
may cause
costs msaciated with such nark.
rumors. Seller shall procure at sellers .to cost all necessary permif, certificates sad licemm required by all
applicable laws, regulations, mdro nor and tales of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly comtimred public authority Mvingjurisdiaion over the work
of vend.,. Seller further agrees a hold the City of Eon Collin harmless firm vad against all liability and loss
oared by them by remnn of sn asserted or established violation of any such laws, regulations, ordinances, tales
and requirement.
Ammunition. All panics to this commit agree that the rep esentativac are, in fact, bow fide and possess full and
complete authority to bind said Parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated
herein an forth and any supplementary or additional term and conditions annexed hereto or incorporated herein by
reference. Any additional or different term and conditions proposed by caller am objected da and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to solve on your
promised delivery date as noted. Time is of the moose. Delivery and performance mot be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Parthenon, including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In fe event army delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding be Seller liable fir damages. However, the Seller shall not be liable for damage as a result of delays
due to anuses not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such act of God, its of civil or military authorities, gavemmental priorities, fires, strikes, food, epidemics, wars or
fiats provided that notice of be conditions cawing such delay is given to be Purchauc within five (5) days of the
time when the Seller first received knowledge thcreuf. In be n'cut of my such delay, the door of delivery shall M
extended for she period ryunl to be time actwlly Ins, by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, anicles, materials and work covered by this order will conform with applicable
drawings, specifications, samples author other descriptions given, will be fit for the prryans intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar wtare. The Seller agrees to hold the purchaser hznmlow boom any loss, damage or expense which IM
Purchaser may suffer or location account of the Sellers breach of wartanty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defect or faults arising within one (I) year or within such longer period of
time as maybe prescribed by law or by the It. army applicable warrant, provided by the Seller extreme dam of
accordance of the goods furnished hereunder (acceptance tar or M unreawrably delayed), resulting firm imperfnt
or defective work done or materials famished by be Seller. Acceptance muse of goods by the Purchaser shall runt
amtitu¢ a waiver Mmy claim miler this warranty. Except as otherwise provided in this prombme order, fe Sellers
liability hereunder shall extend to all damages proximately caused by the breach crony of fie foregoing warranties
or guarantees, but such liability shall in no event include loss ofproft or lass crate. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Toothsome may make changes to legal corms by woman change aide,
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser my rake any changes to the term, other Earn legal term, including additions to or deletions from
be quantities originally ordered in the apecihcstions or dmwinm, by verbal or written change order. If any such
change affect the amount due or the tittle ofperfolmmce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The I'miuse, may at any It— by written change order, taminam this agreement as 1. any or all portions of the
goods then not shipped, subject to any equitable sage mom between be piles to to my we& or materials fen in
prgnews provided that be Purchaser shall not be liable fir any claims for anticipated profs on the ummmpletcal
portion of the goods anchor work, for incidental or criewma ni ial damages, and door no such adjustment M made in
favor of thc Seiler with inner, an any goods which arm the Sellers standard track. No such mountain. shall relia'e
the Purchaser or the Seller army of their obligations as to any goads delivered hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mat be counted within thirty (30) days firm be date be change or termientios is
mined.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold delivered and famished in soio
compliance with all applicable Jews sad regulations to which IM good are subject The Seller shall execute and
deliver such document as maybe required as effect or e,odmn compliance. All laws and regulmion requital to be
captured in agreement of this character are hereby irrempomded herein by this reference. The Seller amen an
indemnify and hold the Purchaser harmless from all cost and damages suffered by the Purchaser as a result of the
Sellers failure 0 comply with such law.
9. ASSIGNMENT.
Neither petty shall assign. transfer, or convey this order, or any monies due or to become, due hereunder without the
Prior written co ment of be other pry.
10, TITLE.
TM Seller warrma, full, clear and umesrairted rite to be Purchaser for all cghtiptrknt materials, and in. finished
an performantt of this agrtemmf f anal clear of my and all Item, restrictions, reserved... security intnor
encumbrances and claims ofodu rs.
The Seller shall release the Purchaser and its car... of any net firm MI liability and claims of very rtamre
resulting from the peformame ofsuch work.
This release shall apply even in the event of fault of negligence of the party released vend shall extend to the
di a mrs, officers end employees of such party.
The Seller's contractual obligations, including warranty, ideal and M demand m be reduced, in any way, because
such work is performed or caused to M performM by fe Purchaser.
14. PATENT S.
Whenever the Seller is required to me my racism, device, mmmrial or process covered by letter, patent, trademark
ar cowrignL be, Serer shall indemnify and save woubless the Parehmer, form any and all claims for infringement
by reasons of fle, we of such parented design, le, im, matmal or press in connection with be contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may M obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
my part thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at it own expense and at its option, either procrrt for fe
Purcbaser the right to continue to, said egro marl or part, replace the same with subsmmally ,gal but
mninGnging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If be Seller shall become insolvent or bankrupt, make an assignment for be benefit of creditors, appoint a
receiver or busks, for very of the Sellers property or business, this order may forthwith be canceled by be
Portman without liability.
16. GOVERNING LAW.
The definition ofderms used or the nitrification of the agreement and the fights of all parties hereunder shall be
com med under and governed by be laws off, Stare of Colorado, USA.
The following Additional Conditions apply only in cases where be Seller is m pert weak hemunder,
including fe services of Sellers Remexamilive(s), on fe premises of efers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until be same is fully completed and accepted, and shall,
in cause of any accident, destruction or injury 0 the work muror materials before Sellers Goal completion and
acceptance, complete be work at Seller's awn expense and m be satisfaction of the Purchasm. Whim materials
and equipment are funished by others for installation or erection by be Seiler, be Seller shall receive, unload
stare and handle same at the site and become responsible therefor as though such materials anchor equipment
were being famished by the Seller under the order.
I S. INSURANCE.
The Seller shall, at his own expense, provide for be payment of workers compmuation, including recupmional
disease benefm, in its employees employed on re in connection with the work covered by this rarehas, order,
insurer to their dependents 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, but not limited to, contractual and automobile public
Liability insurance with bodily injury end death limit of in least S3W,M for my one person, SSW." for my
rome accident and property damage limit per accident of S400,000. The Seller shall likewise require his
camoranors. if my, a provide for such campcmrim and insurance. Before my of the Sellers or his comments
employees shall der any work upon the premises of ushers, the Seller shall famish be Purchaser with a ceuificam
that such compensation and insurance have been provided. Such certificates shall specify be date when such
ompnsation and insurance have been provided. Such certificaes shall specify the dam when such compensation
and insurance expires. lM Seller agrees but such compenmti es mad insurance shall to mainairtM until after the
entire weak is complied and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind
or wuhrt whatsnver to persons or property waxed by or resulting from the execution of the work provided for an
this purchase order or in commis o. herewith. The Seller will indemnify ma Mid harmless be Purchaser and any
or all of fie Purchasers officm, agents and employees from and against my and all claims, losses, damages,
,barges or expenses, whether direct or indirect, and whether to persons or property to which be Purchomr may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or my of the Sellers or contractors officers, armor or employees. In ma, my suit or other
proceedings sMll M brought against be Purchaser, or its officers, a,cm or employes at my time oa account or
by reason of my act, action. neglect, omission or default of be Seller of my of his mnlracors or any of it or
their oRcers, agents or employees as aforesaid, be Seller hereby agree to assume be defense thereof and to
defend the same in Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
my and all judgment that may he incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in were judgment or other lien M placed upon or
abmiand agairn be Ismpery, of fie Purehmn, or said pmria in ne as is reach ofsuch suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving Mud or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all guud necessary for be prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety aad Health Are of 1970 and all Jules sad regulations uaued pursuant them..
Revised 032010