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HomeMy WebLinkAbout196734 HILTON FORT COLLINS - PURCHASE ORDER - 9143010PO PURCHASE ORDER 914301er Page City of PURCHASE 9143010 1012 ' `t Collins This number must appear on all invoices, packing sli s and labels. Date: 06/02/2014 Vendor: 196734 Ship To: ELECTRIC UTILITIES HILTON FORT COLLINS CITY OF FORT COLLINS 425 W PROSPECT RD 700 WOOD ST FORT COLLINS CO 80526 FORT COLLINS CO 80521 Delivery Date: 06/02/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price i COMMUNITY PROGRAMS - 1 LOT LS 6,724.60 90711 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 rf'Z92b7 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. COMMERCIAL DETAILS. Tax exemption, By statute the Ciry of Fart Collins is exempt from stale and local boxes. Our Exemption Number is 98-0 502. Fee l Excise Tax Exemption Cerlificate of Registry 84-6000587 is regarded with case Collector of Imemil Became Denver, Colorado (Ref. Colorado Raised Sumter 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REIECFED due to failure an men specifications, either whom shipped or due m defects of damage in tramit may be resumed to you for dam and one not to be, replaced except upon receipt of wren inatrvaions from the City of Fan Collins. Inspection. GOODS ram subjeat to the City effort Collins inspection on aides], Final Aaep once. Receipt of the merchandise, Sources, or equipment in response to this order result esult in amhorced payment on tirepan n of the City of Fan Collins. Hawea s, it is m he understand than FINAL ACCEPTANCE is do didmt upon completion of all applicable requirdl inspection procedures. Freight Perms. Shipments most be EQn., City of Fen Collins, 9rW Wood St, Fort Collins, CO 80522, unless ollmtwise specified on this order. Kponed,on. is given to prepay freigln send ebm, separately, the original freight bill mail acemnpany invoice. Additional charges for Packing will nob to, irar,ted. Shipment Distance. Wide n nufochand, have disfbuling paints in variants pans of the c sentry, shipment is ,period front e nearest distribution point to dn, estinatioand excess freight will be deducted from Imaice when shipments ore made from greater distance. Panties. Sella slwll procure at sellers sale cast all necessary pennin, cenificmes and licenses required by all applicable haws, regulations, ordinances end roles offe sate, municipality, territory or political subdivision where the work is performed. or required by any other duly conaitmed public authority havingjunsdiction ova the work of vendor. Seller further agrea as held the Ciry of pun Collins harmless from and ageinsb all liability and loss incurred by lhert by reason of an asserted or established violation of any such lax,, regulations, ordinances, pules and requirement. Audinumion. All p tics to this contract agree for the representatives me, in fail. bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions sated herein set forth and any supplementary or additional tens and conditions annex& hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller are objected It and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENr immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Tine is of the oware. Delivery and Pedimn:mce mast be offided within the time sunal on the purchase order and the documents attached henna. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as u waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable renedies, the option oI placing this order elsewhere and bolding the Sol to, liable for damages. However, the Seller slmlI nut be liable fro damages as a result of delays due to causes not easonably foreseeable which are beyond its reasonable control and without its fault of eegllgmce, such acts of God, acts i fi,,d or military aiffica ties, govemmenml priorities, fires, strikes, flood, epidemics, wan or riots provided that notice of the conditions causing such delay n given to the Purchaser within five (5) days of the time when the Sella fins received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the paned equal to the time actually last by reason ofrhe delay. 3. WARRANTY. The Sella w'armnis theal all good, articles, matenal, and work avert& by this order will conform with applicable drawings, specifications, samples anti other description 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 s similar wmm. The Seller agrees to hold the purchaser hamtkss from any loss, damage a expense which the Pure end may suRer a incur on account of the Sellers breach of warranty. The Seller shall Mind, repair or make good, without cost o the purchaser, any deRct or faults mining within one (I) year or within such longer peed of time as may be presented by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the good furnished hereunder (acceptance not to be, conrtuuantly delayed), resulting from imperf I or defective work done or materials famished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver of any claim under this wamdnry. Except as otherwise provided in this purchase and, the Seller liability hereander shall extend to all damages proximately caused by the breach story of the foregoing warranties at gummaid, but such liability shall in an event include lass of p,cf,, or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Portland d may make enrages to legal terms by wxihen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the seems, office fan legal terms, including ordinates to or deletions from the quantities originally orderer in the specifications or drawings, by verbal or wren change order. If any such change affect the amount due or the time ofperformance hereunder, an equitable adjuatmem shall no nude. 6. TERMINATIONS. The Pushssa may in any time by written change cola, mrmieate this agreement as to any or all potions of the goods fen not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progpan provided that the Purchaser dull not be liable for any claims for anticipated profit on the —completed ,onion of the good matter work, for incidental in consequential damages, and that an such adjustment be made in favor of the Seller with craft to any goods which are the Sellers sc ndor& stock. No such mnnirauon Shan relieve the Purchaser or the Seller cleny of their obligations as to any goods delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim for mljustment must be asserted within than, (30) days from the date the change or termination ordered. 8. COMPLIANCE Will '11 LAW. The Seller warrants that all goads sold hereunder shall have been produced, Sold, delivered and famished is stria on,lianm with till applicable laws and regulations to which the goods arc mbj"a. The Seller shall execute and deliver such document as may be requited to effect or evidence compliance. All laws and regulations required to b, incorporated in agreement of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Producer harmless from all costs and damages suRercd by the Purchaser as a result of the Sellers filure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, rcaster, or cars, this order, or any monies due or to become due hereunder without the prior within consent of rise other party. ULTITLF.. The Seller warrans full, clear and umestricled title he the Puehnser for all equipment, materials, and items famished in performance of this agreement face and clear of any coed all liens, retrictiom reservations. scrurity interest cocumbrvnces and claims ofofem 11. NONWAIVER. Failure of the Purchaser to insist upon stria performance of the terms and conditions hermt failure or delay to any rights en remedies Provided herein or by law, failure It promptly notify the Seller in the goer, of a breach e the acceprance aFor arynmm for goods hadenda we approval of ,design, shall not release the Sella of any of the xamnlin or obligations of his pmchase order and shall not be deemad a waiver, of any right of to purchaser to insist upon area perfombance hereof or any of its rights or remedies as It any such goods, regardless of whm shipped, received or accepted, as in any prior of subsequent &fault hereunder, nor shall any pumaned and maldri atlon or rescission of Nis purchase coda by the Purchaser operate as a waiver of any of Jr. terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting firm antitrust violations are in fact bane by the Purchase,. Thenatilde for good cause and as consideration for executing this purchase order, the Seller hereby assigns w the Pumhaser any and all claims it may n w' have or hereafter acquired under fist err state amount laws for such w'addrges relrting a the Faniad., graft or .cervices purchased or required by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goals by a date to be agreed upon by the Purchaser and the Sella. and the Seller thereafter indicates its inability or unwillingness m comply. the Purchaser may cause the work to be perforated by the most expeditious means available to it and the Seller shall pay all costs associated with such work. The Sella shall release the Purchaser and its com ucmrs of any tier tram all liability and claims of any =me adult, from the performance of such work. This release shall apply even in the event of fault of negligence of the pray released and shall extend to the directors, officers and employees climb party. The Seller's co metual obligations, including overranty, shall not b, deemed to be mtuced, in any Way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process mveml by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fear any and AI claims for infringement by cousin of We use of such raided design, device, material or proress in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by rarsom cf such Infrgen int at :my time during the prosecution or after the completion of the work. In case said equipment, or any pan Neraf a the intended use of the goads, is in such suit held to constitute infringement and the use of said equipment err pan is ¢joined, he Seller shall, at its awn expense and at its option, either procure for the Purchaser the right ,, continue using said ytripin nt in pants, replace the same with substantially equal bur noninfdnging equipment. or modify it so it becomes coninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creation, appoint a receiver or truss" for any of the Sellers prepare,or business, this order may forthwith be canceled by the Purchase, without liability. 16. GOVERNING LAW. The definitions of terns used or the interpreeation ofthe agreement and the right of all ponies hereuder shall be, consmred maker and governed by flee law. offe State oFC.Imi d., USA. The following Additional Conditions apply only in cases whom the Seller is to perform work hereunder, including Ne services of Sellers Re,rdensionid ), an the promises ofafers. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk ..,it the same is fully completed and accepted, and shall, in se of any accident, destruction or injury in the work and/or materials before Sellers final completion anal acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchase" When materials and equipment art furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same nt the site and become respectable therefor as though such materials and/or equipment were being marshal by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment ofecorkers compmsm er, including ored,ulioral disease benefits, to its employees employed on or in connection with the work covered by this purchase color, and'ar to their depatdents in accordance with the laws of the some in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, dialectical and automobile public liability inrvmnce with hodily injury and earth limit of in least S300,000 for any one parer, SSW,0W for any one accident and properly damage limit per accident of S400,000. The Seller shall likewise require his Wary, to preside for such compensation and becomes. Before any of the Sellers or his wntracen employees shall do any work upon the premises ciphers, the Seller shall fumrsh the Purchases with a comficate that such compensation and insurance have been provided. Such certificates shall specify the date .when such compensation and insurance have been provided. Such artlfcares shall specify the dale what such compensation and ieumnce expire. The Seller agrees Nat such compax ,.a and inducer shall be naintainN until aRer Ne entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility and liability, for any and all damage, Icss or injury of any kind an natere wha moca to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hapnless the processor and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to Forms 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 contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers awn expense, to pay any and all cost, charges, attorneys fees and other expenses, any and all judgment that may be incurred by or obtained against the Purchaser or any of its or their officers, agent or employees in such shin or other proceedings, and in case judgment or other lien be placed upon or obtained against he property of the Purchase, or said parties in or as a result of such suits or offer proceedings, the Sella will at once cause the same to be dissolved and dischugW by giving bond or otherwise. The Seller and his aatractars Shall take all Safety pr"ca gears, furnish and irsull all grants necessary for the Freedom. of accident, comply with all laws and regulations with regard to safety including, but without limiation, the Occupational Safety and Health Ad of 1970 and all roles and regulations issued pursuant fertm. Raised 03a010