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HomeMy WebLinkAbout492333 SOLOMON CORPORATION - PURCHASE ORDER - 9141278 (2)City of Fort Collins Date: 07/02/2014 Vendor: 492333 SOLOMON CORPORATION PO BOX 245 SOLOMON KS 67480 PURCHASE ORDER PO Number Page 9141278 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 07/01/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price z CO 1 to add addtl funds 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 EA 20,000.00 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 L COMMERCIALDEIAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector of Failure of the Purchaser to motor upon strict performance of the moos and conditions hemp( failure or delay to Inmmm Rcs'enue, Deere, Colorado (Ref. Colorado Revised Salutes 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 acceptance ofor payment for goods hereunder or uppercut ofthe design, shall not release the Sella of Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purohase order and shall not be deemed a waiver of any right of the damage in transit, may be retumed to you for credit and am not to be replaced except upon receipt of written Purchaser to insist mr. strict performance here0fm any of its rights or mnedies as to any inch goals, regardless Inwmons From the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification err rescission of this purchase order by the Purchaser operate n a waiver of any of the team Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, matrices or equipment in ma moon, to this order can count in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aothorimd payment on the pan of the City of Fail Collier. However, it is to be understood that FINAL Sella and the Purchaser recognize tam in actual examine practice, overcharges mashing from antitrust ACCEPTANCE is dependent upon completion ofall applicable required im monies preadums. violations are in fact home by the Purchases. The oolme,for gea cause and as cumkimision for executing this porchue order, the Seller hereby assigns in the Pmchasa any and all claims it may now have or hereaOer Freight Term:. Shipments muse h F.O.D, City of Fiat Collins 700 Wood SL, Fair Collins, CO 80522. unless acquires tiger mahout or state som nt lase for such comical relating to the partic rdw goods or services . otherwise spaifia on this order. If permission is given an prepay freight and charge separately, toe original freight purchased or acquired by the Purehna pursuant to this purchase order, bill most azmmpang invoice. Additional charges for Ranking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in tarion pans of the country, shipment is Ifthe Pumhma dievets be Seller f torten rwrunnforming or defective goods by a date to be agreed upon by the expects from the nearest distribution paint to dntiastion, and excess freight will be deduced firm Invoice when Purchaser and the Sella, and the Seller thereafter indicates its iabidiry, or unwillingness to comply, the Purchaur shipments are mere from greater dismnce. may cause be work m be performed by the matt expeditious mcem mailable to it, and the Sella shall pay all oats associate with such work. Pemtirs. Seller shall p ctmre at sellers sole mil all na namy, permie, certificates and Reams; remained by all applicable laws, regulations, ordinances and rule, of the store, municipality, lemmry or political subdivision where the work is pert ed, or required by any other duly constituted public authority haling jurisdiction cover the work of rndo. Sella furnace agrees to hold the City of Fon Collier board. from and against all liability and loss incurred by them by reason offers asserted or vsablisbed violation of any such laws, regulations, ordinances, rates and requirements. Aufor pinion. All parties to this contract agree that the representatives are, in fact, was fide and possess full and complete soberly to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits aceplance to the items and conditions stated herein set fah and any supplementary our addnivaal corms and conditions anncsed hereto or noncriminal herein by reference. Any additional of different tens mid conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your Promised delivery date as noted. Time is of the essence. Delivery and Performance must be effected within the time stated on the purchase order and the documents anewhed hereto. No acts of the Purchasers including, without liminduar wexplance ofpanial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in mldition to other legal and equimble remedies, the option of placing this order elsewhere and holding the Seller liable fur damages. However, the Seller shall not he liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable central and without its fault of negligence, such acts ofGod, acts ofeivil or military nmhannes, governmental priorities, fires, stokes, need, epidemics, was or nets provided that notice of the condition causing sttch delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the permit equal to the time actually lost by rearm of the delay. 3. WARRANTY, The Seller warrants that all goods, articles, materials and work covered by this Order will conform with applicable drawings, specifmmhors, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and compacn¢ in accordance with accepted standards For work of a 'similar nature. the Seller agree to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. Ile Seller shall o place, mpait or make good, without cost to the purchase, any defects or Bulls arising within one (1) year or within such longer psaa of time as may be prescribed by law or by the mass of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not ontiate a waiver of any claim under this warranty. Except in otherwise provided in this purchase order, the Sellers liability hereunder shall extend b at I damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liabil try shall in no event include loss of profess or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Puahacer may make changes to legal team by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including addition, to or deletions from the quantities orlgindly ordered in the slw'ciacations or drawing, by verbal or written change order. If any such change affects be amount due or the time of pew tmance hereunder, an equimble adjustment shall be made. 6. TERMINATIONS. The purchase may at any time by written change order, morirmm this agreement as to any our all Ironton of the good then nmt shipped, subject to any equitable adjustment between the Amin as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims far anticipated profits on the uareare e ed portion ofthe good maker work, for incidental or cmnequential damages, and that no such adjmtamnl M made to fmvr of the Seller with mpea to any good which are the Sellers standard stock. No such tamimtion shall relieve the Purehner or the Sella army of their obligation as to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mar nd assumed within thirty (30) days from the date the, change in termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants Ihat all goad sold hereunder shall have been pmdtuxd, sold, delivered end famished in area compliance wig all applicable laws and regulations to which be good am subject The Seller shall execute and deliver such docmunam as may be required to effect our evidence compliance. All laws and regulations r quiml to be incorporated is agreements of this character arc hereby incorporated heron by this reference. The Seller agree to indemnity and hold the Purchaser harmless from all crate and damages suffered by the Purchases as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Sella warrants full, ilea and unrestricted life Ira the Purchaser for all equipment, mammals, and it. famished m performance of this agreement, free and clew of any and all time, restrictions, caricatures, semriry interest encumbrances and claims ofmhers. The Sella shall release the Purchaser and its contractors of any tier from all liability end claims of any nature resulting farm the performance ofsucb work. This release shall apply man in the event of fault of negligence of the party released and shall extend to the directors, officers and employces ofsucb pang. The Seller's contractual obligations, including worwary, shall not be domed to he reduced, in any way, because such work is pefocated or amused or be performed by the Purchaser. 14. PATENTS. Whenever the Seller is reruirs to use any design, device, material or process covered by heart, patent, trademark or copyright, be Sella shall indemnify and save harmless the Purehwa farm any and all claims for infringement by ramer of fe use of such patented design, device, material or process in connection with the contract, and shall indemnify the Parcbaser for any cost, expense or damage which it may be obliged to pay by examor of such infringement at any time during the prosecution or aOer the completion of the work. In ase said equipment, or any pan thereof or the combat use of the good, is in such suit held to mmtime infringement and the use of said equipment or pan is enjoins, the Seller shall, at its own expense and at its option, either procure far the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but management, equipment, or modify it so it becomes n rrinfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, oppoim a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Pumhasa without liability. 16. GOVERNING LAW. The definitions ofterms used or toe imam ebtion ofthe agreement and the rights evall parties hereunder shall be command under and governed by the laws ofthe State ofColoade, USA. The following Additional Conditions apply only in where the Seller is to perform work hereunder. including the services of Sellers Repenemative(s), on thecases premises of others. 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 se of any accident, destruction or injury to the work maker materials before Selle's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are fmished by others for installation or erection by the Seller, the Seller shall receive, womad, store and handle vine 0 me stem and become responsible therefor n though such materials andror equipment were being Irradiated! by the Seller under the ova. 18. MSURANCE. The Seller shall, at his awn expense, provide for be payment of workers compensation, including occupational disease benefits, to its employees employed on or in emanation with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the stem in which the work is to be done. The Seller shall also carry mmprehemive general liability including, but not limited to, contractual mod automobile public liability insurance with bodily injury and death limits of at least Starlit for any one person. 550J.O0O for my one accident and property damage limit per accident of 5400,000. The Seller shall likewise cal his commaron, if any, to provide for such mmpmsation and insurance. Before any of the Sellers or his contractors employees shall do any work now the pmnisn of others, the Sella shall famish be Purchaser with a certi0am that such compensation and insurance have Even pmvida. Such certificates shall specify the date who such compensation and insurance have been presided. Such certificates shall specify the dam when such compensation and insurance expire. The Sella agrees that such comparrilion and inuance shall be maintained until order the emire wort: is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability, far any wad all damage, loss or injury army kind or nature whatson'er to persons or property caused by or reaullin, farm the execution of the work pmrided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless dic Puchaer aed any r all of the pacbecom oRcers, agents and employees from and against my and all claims, losses, damages, charges or expevus, whether direct or indirect, and whether as persons or property to which the Pumhna may be put or subject by reason of any act, when, region, omission or default on the gun of the Seller, any of his contract., or any of the Sellers or mntradors officers, agents or employees. In eau any suit or other proceedings shall be brought against be Pumh wn, or its oRcers, agues or employees at any time on account or by reason of any act, action, neglect, omission or default of the Sella of any of his condoners or any of its or their officers, agents or employees as aforesaid. the Sella hereby agrees to assume the defense thereof and or defend the same at the Sellers own expense, or pay any and all costs, charges, attorneys Ran and other expenses. any and all judgments but may be inarra by or obtained against be Pumbeter or any of its our their officers, agents or employees in such suits or other proceedings, and in more jagmmt or other lien be placed upon or obtained against the property, ofthe Purchaser, or said parties in or n a result ofsuch suits or other proceedings, the Seller will at are cause the same as be dissolved and diuhargs by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Am of 1970 and all mars and regulations issued pursuatn thereto. Revised 03001O