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HomeMy WebLinkAbout127993 HOTLINE ELECTRICAL SALES & SERVICE - PURCHASE ORDER - 9142160Fort Collins Date: 04/16/2014 PURCHASE ORDER Vendor: 127993 HOTLINE ELECTRICAL SALES & SERVICE 6120 W 73RD AVE ARVADA CO 80003-3218 PO Number Page 9142160 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: 04/16/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2014 Blanket Order for Utilities 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:pumhasing@fcgov.com 1 LOT LS 5,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tends and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By start the City of Fort Collins is exempt man state and local hues. Ow Exemption Number to 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84,6000587 is registered with the Collector of Failure of the Purchaser to insist upon stria performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colombia (Ref. Colorado Revised Serious, 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly testify the Seller no the event of o breach, fe acceptance ofor payment for goods him.. ,or approval of the design, shall not release she Seller of Goods Rejected. GOODS REJECTED due to fan late to meet specifications, either when shipped or due W defects of any of the wanmties or obligations of this purchase order and sholl not b, deemed a waiver of any right of the damage in [rodent, may be returned to you for credit and are not to ha replaced except upon receipt of written Purchaser ra insist Van strict performance hereof or any of its rights m comedies as to any sucM1 goads, regardless instructions fmm the City of Pon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereundeq nor shall any propmed oat fiedifcmim or rescission of this partner. ender by the Prombaeer operate as a waiver of any of the Iemu Inspection. GOODS are subject to the City of Tom Collins impaction on arrival. hereof. Final Acceptance, Rreipt of the merchandise, services or intentional in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mahoaized payment em the pan of the City of Fort Collim. However, it is W be understood not FINAL Seller and oho Pmchasa recognise that in actual economic pradim. overcharges maultiag fm antitrust ACCEPTANCE is dependent upon compinlon of all applicable mquided inspection p real . violations are in fact theme by the Purchaser. Theretofore, fm goad anu and as consideration for ex min, this purchase order, the Seller hereby insignia W the Purchaser any and all claims it may now have or har after Freight Tern¢. Shipments must be F.O.B., City of Fort Collins, 7II0 Wood Sr, Fort Collins, CO 80522, unless acquired under federal or state wrivust laws for such overcharges relating to the particular goods or services otherwise specified on fix order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant W this purchase order. hill must accomomv invoice. Additional comes for oackine will not be acamed. Shipment Distance. Where manufacturers have distributing Points in various pans of the country, shipment is expected fmm the nearest distribution point to de cation, and excess freight will be deducted fmm Invoice when shipments are made from grater distance. Pmhits. Seller shall procure in sellers sole cast all necessary parades, certificates artd Ramses examined by all applicable laws, regulatime. memories, and rules of the state, municipality, territory or political subdivision where the work ex performed, or required by any other duly constituted public authority haviagjuriNinion over the work of vends, Seller fuller agrees an hold the Cory of Fort Collins hmmless from and against all liability and loss recurred by them by reason of an assened or established violation of any such laws, regulations, ordinances, rates and remirements. Authorization. All parties 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 Purchase Order expressly limiu acceptance no the terms and conditions social herein act foM and any supplementary or additional tams and conditions awexal hereto or incorporated herein by reference. Any additional err difterrnt musts and counitiam preposN by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Ryon cans[ make complete shipment to arrive on your Promised delivery dam w noted. Time is of the essence Dehany and perfomasia most be effected within the time stated on the purchase under and the documents attached hereto. No sees of the Purchasers including, withom Initiation, acceptance ofpmtial late deliveries, shall operate as o wawa oFfia provision. In the event of any delay, the Purchaser shall have. in addition to other legal and equitable remedies, fie option ofplaciO, this order elsewhae and holding the Seller liable fur damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reassembly foreseeable which are beyond its miserable control and without its fault of negligence, such acts of", acts of civil or military authorities, governmental priorities, fires, strikes, rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of for, time when she Sella dot received knowledge dereof. In the event of any such delay, the dam of delivery shall be extended for the period appal to the time actually lost by reason cribs, delay. 3. WARRANTY. The Seller warauts dust all goods, micles, material 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 far work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which fie Purchaser may suffer or incur on account ofthe Sellers breach of wamenty. The Sella shall replace, remit or make gwd, without cost W the purchaser, any derects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the mots of my applicable warranty provided by the Seller other Ne dam of acceptance of the goods famished herewder (rceptmce, not to be unreasonably delayed), resulting fro imperfect or defective weak done or material famished by the Seller. Acceptame or use of goods by fie Purcbuer shall not corporate a waiver army claim maker this wmranry. Except as otherwise provided in this purchase order, the Sellers liability hemunder shall extend m all damages proximately around by the breach of my of Ne foregoing wamaties or guarantees, but such liability shall in no even include Toss of profits or loss of we NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal team by written change order. 5. CHANGES H4 COMMERCIAL TERMS. The Purchaser may make any charges W the corms, other than legal terms, inclnding additions to or deletions from me quamitiu originally ordered in the specifications or drawings, by verbal or wimen change order. If any such change affects the amount due or the time of saformmr hereunder, an equitable adjustment shall be made. (.TERMINATIONS. The purchaser may at any time by wrinan change order, m anirwe this agreement as many or all ponions of the good then hot shipped, subject to any equitable satanic, between the panes as W any work or twtaials fen in pmgrtss provided rest one Purchaser shall not be liable for any claims for anticipated pm0es oa One uncompleted Portion of the good mNor work, for incidental or consequential damages, and that no such adjustment be, made in favor of the Seller with respect m my guests which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good del waed hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for Miramar most be assened wihin dirty (30) days from fie time fie change or mandannes, is ordered. S. COMPLIANCE WITH LAW, The Seller owners that all goads sold hemander shall harm been produced, sold, delivered and furnished in strict compliance wish all applicable laws and regula(ms w which the goods am subject. The Seller shall execute all deliver such documents as may be, squired to effect or evidence compliance. All laws and regrolatiom required to be incorporated in agreements of this character are hereby incorporated herein by this refrence. The Seller agrees to indemnify and hold the Pirchmer homeless fmm all costs and damages suffered by the Pumhaea as a maul, of she Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior women coment of the other parry. 10. TITLE. The Sella warrwu full, clear VJ mannifimed till, W the Pentameter for all equipment, materials, and items famischat in performance of this agmcmenL firm and clan of any and all liens, momentous. msanatiom, security interest mcumbrances all claims orothai. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods, by a date to be agreed open by the Purchaser and the Seller, and one Seller thereaMr indicates its inability or unwillingness W comply, the Purchaser may cause the work 1d be performed by the most expeditious means available to it, and fie Seller shall Pay all costs assocft twith such work. The Seller shall extend, the Purchaser and its contractors of any tier fmm all liability and claims of any nature residing fmm the pcif.. ofsuch work. This release shall apply even in the event of fault of negligence of the parry relemal and shall extend to the domains, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is Perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design device, mataim or process coveted by la er, ,an, wdetrah at copyright, she Seller shall indemnify and move hvmle ix do, Purchaser fmm any and all claims for infringement by reason of the use of such pmmted desiga, device, material or pros ss in connection with the contract, and shall indemnify the Purchaser for any cos, expcme or damage which it may be obliged m pay by reason of such infringement at any time during the prosecution or after the temptation of the work. In case said equipment, or any Pan thereof or the intended we of the good, is in such suit held W c mentate inGngement and the use of said equipmnu or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially afoul but naninfringing equipment, or modify it so it brumes noninlringing. 15. INSOLVENCY. If the Seller shall become Irsolvwt or bankrupt, make an assignment for she benefit of creditors, appoint a or m trustee for any of the Sellers ppeny or business, Nis cobu sy ay forthwithla,canceled by the has Purcer without liability. 16. GOVERNING LAW. The definitions of ix. used or she miasmatic. of de against and fie rights of all parties hneuvder shall be amounted under and governed by the fans of the Stem ofColomdo, USA. The following Additional Conditions apply only in where the Sella is to perform work hereunder, including the services of Sellers Represe uctive(s), on the premises afothers. 17. SELLERS RESPONSIBILITY. The Seller shall any on said work at Sellers awn risk until the same is fully completed ell accepted, and shall, in rase of any accident destruction or injury to Ne work =War materials before Sellers Sam completion and acrytance, complete the work at Sellers owe expense and W the satisfaction of the Purchaser. When material and ryuipment am famished by others for installation or erection by fie Seller, the Sella shall receive, whom, mom and handle same at the site old become responsible therefor as though such material and/or aryiproat were We, r island "a, Seller wove 0te order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including ever upational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, motor to their dependens in accidence with the laws of the state in which the work is to M done. The Seller shall also any comprehensive general liability including, but not limited to, contractual and automobile public liability itaueame with bodily marry and death limits of at least 9ngWa far any one person, $5m,CW for my one accident and property damage limit per accident of S400,000. The Seller shall likewise require his mntmetors, Rory. to provide for such conVencestion and insurance. Before any of ft Sellers or his command employees sholl do any work upon the pmnle of others, the Sella shall finish the Purchaser with a cerdfate that sucb mmpenution and insuance have been provided Such cenfiate shall specify due dam when such compensation and insurance have been provided. Such cerefiams shall specify the date when such compensation and insurance expire. The Seller agrees that such compensation and i ormmence shall be maintained mid afer the entire work is completed 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 nature whatsoever to persons or property caused by or resulting fmm the execution of the work provided for in this purchase order or in connection hemwif. The Seller will indemnify and hold esmdess the Purchaser and any or all of the parch xers officers, agents and employees from and against my sal all claims, losses, damages, charges m expenses, whether direct or indimet and whether W persons or property to which the Purchaser may be pm or subjec, by neama of any act, actim, neglect, omission or default on the Fenn of she Seller, any of his contractors, or any of the Sellers or contactors afford, agents or employees. In case any suit or efer proceedings shall be bough, against the Purehmer, or its uncers, agents or employees al any rime on..unI m by mason of any m4 acting oeglea, omission or default of the Seller of any of his contactors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense therm( and to defend the same at the Sellers own expense, to pay any and all casts, charges, auomeys 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 or employees in such suits or other plmeedings, 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 mine to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall rake all safety pricamiors, famish and install all guards necessary for the prevention of accidents, comply with all fans and regulations with mgmd W safety including, but winner b ndana, the Occupational Safety all Health Act of 1970 mid all rate all regulmiew issued portion dmerao. Revised (DOOR)