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HomeMy WebLinkAbout461405 TREBUCHET GROUP - PURCHASE ORDER - 9142591Fort Collins Date: 05/08/2014 Vendor: 461405 TREBUCHET GROUP 405 MASON CT SUTIE 113 FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9142591 1o1`2 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: 05/07/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price OTHER PROF & TECH SERVICES 1 LOT LS 9,500.00 1053 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 Total Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDUAILS. Tax exemptions. By statute the City of Fort Collins is exempt from suite and local taxes. Our Exemption Number is 99-04502. Federal Excise Tox Exemption Cur ifirnte of Registry 84-6000587 is registered with the Collector of late..[ Revenue, Denver Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 26,114 (a). Goods Rejected, GOODS REIECTED due to failure to meet specifications, either when shipped or due to defects of damage is rcanot, may he reamed to you for credit and tune not us be replaced except upon receipt of written instructions from the City of Fon Collins. Inspection. GOODS am subject o the City inflect Collins inspection on anneal. Final Acceptance. Receipt of the merchandise, services or ryuipment in response to this order can result in amhari.d payment on the pan of the City of run Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Frtight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, rod Collins, CO 80522, unless otherwise specified on this order. if Permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where man dlartm rs have distributing Mints in various pans of the country, shipment is expected from the nearest distribution point W destitution, and excess freight will be, deducted from Invoice when shipments are crude from greater distance. Permits. Seller shall nm or ar aellem sole tam all necessary permits, eenlnemnes send licenses regminxl by all applicable law regulations, ordinances cad Pules of the ,are munin, hay. Pecuniary or political subdivision where the work is performed, or occurred by any other duly constituted public authority having jurisdiction aver the work of vendor. Seller thnher agrees a hold the City of Pon Collins h.mless from and againt all liability and loss rumored by them by ¢anon of an assured or established violation of any such laws, regulation, drum.. Pules and requiremena. Aothorirarion. All ponies to his corms. Wrote, that the repreacrom e, me, in fact, bona fide ad possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Critic, expressly limits acceptance to the terms and conditions sated herein in, forth and any siipicriummor or additional corms and conditions annexed Retain or nor pofoad herein by reference. Any additional for different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised dellaery din, as noted. Time is of the cssamc. Delivery and performance must be effecad within the time stated on the purehase order and the documents Prtachd hereto. No acts of thc Purcbasers including, without limitation, acceptance of phial late deliveries, shall oblate as a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Ilowever the Seller shall not be liable for damages s a result of delays doe to causes not reasonably foreseeable which are beyond its reawnble convol and without its fault of negligence, such ace of Cod, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that nonce of the conditions casing such delay is given a the Purabner within eve (5) days of the time when fie Seller first received knowledge therm[ In the event of any such delay, he date of delivery shall be exa dd for the peril equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all good, aaida, materials and work coveml by this order will conform with applicable drawings, specification, samples and/or other description given, will be et for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Sella agrees to hold the purchaser harmless from any lax, damage or expense which the Purchaser may saffer or incur oa account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as maybe prescribed by law or by foe terms of any applicable warranty provided by the Sella after the done of acceptance of the goods f ished hereunder (aireptamc cat ro be uncesorably delayed), resulting from imperfect m defective work done or tramnals occasional by the Sella. Acceptance m use optimum by the Purchase shall awl constitute is waiver of any claim under this weri Except as otherwise provided in this purchase oNer, the Sellers liability hereunder shall extend to all damages proximately taus d by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of pmfits or lass rims. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES M LEGAL TERMS. The Purchaser may make changes to legal an. by wnuen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terms, including addition to or deletion from the quantities originally ordered in the speciermiom or drawings, by verbal or written change order. If any such change affairs the amount due or the note ofpeffomtance hereunder, im ry.i.bl, adjustment shall be made. 6. TERMINATIONS. Ile Purchuer may at any time by cannon change order, terminate this agreement as to any or all lmnitim of the goods then not shipped subject to any equitable adjustment between the panics ass Po mry work or materials then is progress provided that the Purchaser shall tar be liable for any claims for mairy.fal profit, oa the uncompleed Pertio t of the goods mtdror work, for incidental or mmccuenrial damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers soloed stock. No such termination shall relieve the Purchaser of the Sella fany of thew obligation as to any good delivered hemsde, T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment maul be asserted within thirty (3D) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be mluird to effect or evidence compliance. All laws and regulation rcquircd to be incoryomad in agreements of this character are hereby incorporated herein by this refaentt. The Seller agrees to idemnify and hold the Puuhua harmless fmm all mats and damages suffered by he Purchaser as is mull Ethe Sellers failure a comply with such law. 9. ASSIGNMENT. Neither patty shall assign, transfer in convey this aide,, or any monies due or m become due hereunder without the prior written cement of the other party. 10. TITLE. The Sella waaana full, clear and unrestricted title to he Purchaser for all ryuipment, materials, and items punished in performc a of this agreement Bee mat clear of any and all lien, restrictions, re onvaeen, security imeesP encumbmncesand claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict Performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor poyment for goods hereunder or approval ofthe design, shall an, release the Seller of any of the warranties or obligations of this purchase order and shall not be dmmed a waiver of any right of the Purchaser to imist upon strict performance hereafor any of its rights or rtmedies as to any such goads, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, ran shall any puryoned oral codification m rnciesion of this purchase order by the Purchaser opmte as a waiver of any of the trams hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from amimme violations arc in lair home by the Purchase, Thererolbre, for good cease and as wnsidencom for executing this ,.chase order the Seller hereby .,igaa a the Purchase, any and all claims it may now have or hereafter acquired under federal or state antitmst laws for such overcharges relating to the particular goods or services purchased or Purloined by the Purchaser pursuaat to this purchase oNer. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a date to ha agreed upon by the Purchuer and he Seller, and the Seller thefneer indicates its inability or unwillingness to comply, the Purchaser may came he work to he pernmtd by the most expeditious means available to it and the Seller shall pay all costs azmrimd with such work. The Seller shall relese the Purchaser and its contractors of any tier firma all liability and claims of any naure resulting from the performance of such work. This wh sse shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees cranes pany. The Sellers contractual obligation, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchser. 14. PATENTS. Whenever the Seller is required a use any design device, material or process covered by letter, patent, trademark or co,y do, he Seller shall indemnify and save h.mless the Purchaser from any and all claims fim inbingement by reason of the rue of such patented design, device, material in process in connection with the comfort, and shall hNemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infriingement in any time during the prosecution for after he completion of the work. In cue said ryuipurent or any Pan thereof or the imeoded use of the good, is in such suit held m connate infringement and the use of said ryuipmcm ar pan is enjoined, the Seller shall, at its own expense ad at its option, either procure far the Purchuer the right to continue using said equipment or pans, replace the same with substantially octal but noninfinnging equipment, or modify it so it becomes noninfringin, 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of he Sellers property or business, this coda may foMwlth he canceled by the Pumhsa without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights ofall parties hereunder shall be -named seder ad governed by the laws of the State of Colorado, USA. The following Additional Condition apply only in cases where the Seller is to Perform work hereunder, including the services of Sellers Representativc(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own, risk wail the same is fully completed and accppted, and shall, in rase of my accident, destruction or injury to th, work andrur materials before Sellers firal completion and acceptance, complete the work at Sellers own expense and W the satisfaction of the Purebaer. When rwterials and equipmem art Burnished by others for installation or emnon by the Seller, the Seller shall receive, unlmd store and handle same at the site and became respoesible therefor as though such commi is arri equipmrnt were being famished by the Seller under the order. I8. ElURANCE. 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, Pallor to their dependents in accordmae with the laws of the sam in which the work is in be done. The Seller shall also carry compfehmsive gmeml liability including, but rot limited to, contractual and automobile public liability insurance with bodily injury and dntb hours of at least S300.000 for any rune person. S500.000 for any one accident and property damage limit Per accident of 5400,000. The Seller shall likewise require his rearmarona, if cars, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the pemies of others, the Seller shall punish the Purchna with a cenlfinm that such compensation and insurance have been provided. Such cenificutes shall specify the dale when such omp rmation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGADE T ACCIDENTS AND DAMAGES. The Seller hereby assume, the moire re ponibility ad liability for any sand all damage, loss or injury ofany kid or marine whasmver to person or property caused by or resulting from he execution ofthe work provided for in His purchax under or in commeelmn herewith. The Seller will idemaify ad hold harmless the Punehastt and any r all of the Purchasers officers, agents and employees fmm and againt any and all claims, losses, damages, charges or expenses, whether direct for indirect, and whether to Person or property to which the Purchaser 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 any of the Sellers or contactors officers, agents or employees. In case any suit or other proceedings shall be brought againt the Purchaser, or its officers, agents or employees at any time on account of by reason of my act action, neglect, omission or default of the Seller of any of his compo ars or any of its or their once s, agents or employees as aforesaid the Seiler hereby agrees to assume he defense Ihetcof and to defend foe same m the Sellers own expense, ro pay soy ad all tams, charges, manneys fee, and other e.,., any and all judgments that may be incurred by or shamed against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in of s a mull of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Companions] Safety and Health Act of 1970 and all rules and regulation issued nmumm herein. Revised 03n010