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HomeMy WebLinkAbout127993 HOTLINE ELECTRICAL SALES & SERVICE - PURCHASE ORDER - 9142148PO PURCHASE ORDER 914214er Page CI�/ of PURCHASE 42148 1 of z ' `tCollinsr his number must packing V ' 1 on all invoices, packing sli s and labels. Date: 04/16/2014 Vendor: 127993 HOTLINE ELECTRICAL SALES & SERVICE 6120 W 73RD AVE ARVADA CO 80003-3218 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 04/15/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2014 Blanket Order for the 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:purchasingQfcgov.com 1 LOT LS 5,000.00 Total $5,000.00 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. COMMERCLV.DE-AILS. Tax exemptions. By more the City of Fan Collins is exempt Earn sole and local taxes. Ow Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificate of Registry 84-6000587 is registered with the Collator of To[. of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stories 1973, Chapter 39-26, 114 or, exercise any rights or remedies provided herein or by law, failure to Fairly ly notify the Seller in the event of a breach, the acceptance ora payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REIE6TED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any night of the damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon same, pedbrmanl. hereof or any of its fights or remedies m to any such goods, regardless instmetions from the City arrant Collins. of whm shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate m a waiver of any of the terms Impenic . GOODS are subject to the City effort Collins impaction on mrival. hereof. Final Acceptance. Receipt of the merchandise, semices or equipment m tespome to this area can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized per mear on the Wn of dre City of Fan Collins. However, it is to be understood that FINAL 'erc lting ulting from nations, Seller and the Purchaser recognize dust in actual aromatic practice, ohresu ACCEPTANCE is dependent upon completion Offish applicable requiredinsertion procedures. violations art in fact home by the Purchaem ser. Therfrm, for good cause and m consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tears. Shipments must be FOB., City of Fan Collins, 700 Wood Sr, Fan Collins, CO 80522. unless acquired under federal or stale anticand laws for such overcharges reining to the ponicular goods or services otherwise specified tea ,his order. If pe omission is given to prepay freight and charge separately, the original freight purchased or acquired by the Puwhocr rummit to this Fa mhase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacwfers have dionibuting points in canons pans of the country, shipment is Ifthe Purchaser directs the Sella in correct nonconforming or defective goods by a date to be agreed man by the expected from the nearest distribution polo to dermition, and excess freight will be dNucled fans Invoice what Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from grtam, distance may came the work a be performed by the most expeditious means available to ir, end the Seller shall pay all costs associatW with such work. Formes. Sella shall procure at sellers sole cost all mcesnry Palms, eetti0enrm aid licenses required by all applicable laws, regulations, ordiramca and ales of the state, municipality, territory or political subdivision where the work is Performed, or required by any other duly constimmal public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins hmmlos from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, ales and on rum rents. Authorization. All parties to this contract agree that the repiumatalives are, in fact, bona ride and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tenses and conditions sated herein set much and any supplementary or additional terms and conditions annexed harem or iccolpoamd herein by reference. Any additional or different terms and conditions prepared by seller are objrred to and hereby injected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately TWO cannot make complete shipment to active our your promised delivery date is noted. Time is of the areare. Delivery and performantt mat be eflacmd within the time stated tea the purchase order and the documents washed hereto. No as of the Pnrchmers including, without limitarim. acceptance of panial late deliveries, shall agenda as a waiver of this provision. In the event crony delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages m u result of delays due to causes not wasarusbly foreseeable which use beyond its reasonable control and without its fault of negligence, such was ofGod, acts of civil or military authorities, govemmental pnonties, fires, mcdoes, flood, W idefi ics, wars or hots provided that w rice of me conditions causing such delay u given to the Purchaser within five (5) days of the rime when she Sella first received knowledge therm[ In the east of nay such delay, rise date of delivery shall be extended for the period equal to the time wholly lost by reason of the delay. 3. WARRANTY. The Seller warren r West all goods, aniclea, materials and work covered by this order will conform with applicable drawings, spreifications, samples andtor other descriptions given, will be fit for the purposes intended, and performed with the highest degrre of care rob competence in accordance with accepted standards for work of a similar nature. The Sella agrees to hold the purchaser harmless from any loss, damage Or expense which the Purchaser may sulfa or incur on account arm, Sellers breach of warunty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within oar (1) year or within such longer period of time in may be presrnbed by law or by the tears army applicable warranty provided by the Seller after the date of recep,ann, of the goad ( ishal hemu (acceptance not to be unrcawwbly delayed), resulting fmm impartial Or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not ommus, a waiver army claim under this warranty. Except or otherwise provided in this purchase order. the Sellers liability hereunder atoll extend as all damages proximately caused by the breach of any of the foregoing it as or guwan,l.s, but such liability shall in no event include loss of parim Or loss of tau. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser my make changes to legal temrs by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the coma, other Wan legal emu, including additions m or deletions from the quantities onginalty oNaeJ in the specifications or drawings, by verWl or women change order. If any such change offers m the amount or an nt due the time ofperfwmce hereunder, an equitable adjustment shall be Oxide. 6. TERMINATIONS. The Parchowarc may at any time by women change order, terminate this agteemem as to any or all portions of the goods then not shipped, subject to any equitable adjmtment ba ter, the ponies as to any work or controls then in progress provided than roe Purchaser shall not be liable for any claims for anticipated profits an me uncompleted portion of the goods and/or work, for incidenal or consnluemial damages, and that no such adjustment be made in favor of the Seller with normal to any gavels which arc the Sellars srndod load. No such h amiwalion shall relieve ,he Purchases or the Seller of any oftheir obligations or to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be mused within miry (30) days from the date the change or erminaoion ax odered. 8. COMPLIANCE KITH LAW. The Seller wa %nest all goad sold hereunder dull have been produced sold, delivered read famished in strict compliance what all applicable laws end regulations to which the goods are subject The Sella shall extreme and deliver such d«vments as may be refund is effect in evidence compliance. All laws and regulations required in be Incorporated m agreements of this character are hereby uncommon herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by me Purchaser m a worth of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither my, shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wdnen cement of the other pasty. 10. TITLE. The Seller contain, Bill, clear aM utvovicted title as the Purthaur for all equipment, maerials. and items fiunishW I. Per. of this agrmcmcm, f and clear of any it all liens, mstmedom, reservations, aecunty imeresr encumbrances and claraw. f odom. The Seller shall ml. the Purchaser and is contmcmrs of any ties form all liability rob claims of any nature resulting fmm the performance ofsuch work. This releae shall apply even in the event of fault of negligrnce of the party released and shall extend to the directors, offices and employees ofsuch pony. The Sellers canonical obligations, including wnrrantY shall not be deemed to be reduced, in any way, because such work is perfnnod or caused to be performed by the Purchaser. 14. PATENTS. Whwa,a the Seller is required or tau any design, device malung or caracess covered by loner, patent, tmdcmark or copyright, the Sella shall indemnify and warm hamdders rise Pmcblow from any and all claims for infnogemem by reason of the tau of such patented design, devil., malmal a process in connexion with the contact, and shall indemnify the Purchaser for any cost, expense a damage which it nay be obliged to pay by crown of such fnGngernal at any time during the persecution or after ate completion of me work. In case said mquipment or any pan thereof or the intended use of the goods, is in such suit held a constitute infringement and the tau of said intramural or pan is joined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue ring said equipment or pans, replace the same with substantially equal but noninftinging equipment, or modify it so it becomes noninfringing. 15, INSOLVENCY. If the Seller shall become imah'ent or bedmpt, wake an arise mnem for the beneri, of credimn, Plains e receiver or m,.me fir any of the Sellers pa papery or business, this urdx may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftarm used or the interpretation ofthc agreement and the rights craft ponies tomwrder shall be constmed writer and govemed by the laws of the Sate of Colorado, USA. The following Additional Conditions apply only in cosex where the Seller is to perform ..,it hereunder, inducting the services of Sellers Repreun atischo, on the premises ofothers. 17, SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sellers own rue until the same is fully completed and accepted, and stall. in case of any accidcnS deslnction or injury W the work and/or materials bef Sellers final completion and acr,., complete the work at Schwa own expense and Ir We satiaximis of the Purchaser. When materials aM equipment art fumuhed by alders for imrlWtion or erection by the Seller, the Seller shall receive, unlaced, some and handle same m the site and become responsible therefor as, though such matmals ardor quipmart were being famished by the Sella under the order. 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, author to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall ales any comprehensive general liability including, but not limited to, contractual and automobile public liability insurance wiW bodily injury and death limits of at least $300,000 for any one person. SSOp,ppp for any one accident and properly damage limit per accident of S400,000. The Seller shall likewise require his common. irony, to provide for such compensation and insurance. Before any of the Semen or his comacmrs employees shall do any work upon the premises ofo lers, the Seller shall famish the Particular with a cmiftcate Raw such con,samm on and -income have been provided. Such oercificares she11 specify me core when such amalgamation and insurance have been provided. Such certificates shall specify the date what such compensation and insurance expires. The Seller agrees chat such comparison— and insurance shall bra mamanned until after 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 r came whatsoever to persons or property caused by or resulting from me execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchases and any or all of the Parchssers officers, agents and employees fmm and against any not all claims, losses, damages, charges or expenses, whether direct or indirect, and whedrer r persons or property to which the purchaser may be put or subject by reason of any act, action, neglect, omission, a default on the pan of the Seller, any of his cummetom or any of the Sellers or contmeers officers, agents or employee- In rase any suit or other proceedings shall be brought against the Purchaser, or its officials, agents or employees in any fire on account or by reawn of any act, nemar, melon, omission at default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby ogres to resume the defense therefr and to defend the same at the Sellers own expense, as pay any and all cows, charges, attorneys, fees and other expenses, any and all judgments tlal may be incurred by or obtained against the Purchaser or any of its or their official, Vents or employees in such suits or other proceedings, and in was judgment or other lien be placed upon or moment against he property of the Purchaser, or said parties in or in a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or oherwise. The Seller and his contmcton dull eke all safety precautions, furnish and moll all guards necessary for the personal of accidents, comply with all laws and regulations with regard to safety including, but without limitation, she Occupational Safety and Holth Act of 1970 and all wily and regulations issud pursuant tberem. Revised 03=0