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HomeMy WebLinkAbout159927 PUBLIC SERVICE COMPANY OF COLORADO - PURCHASE ORDER - 9143812Fort Collins PURCHASE ORDER Date: 07/08/2014 Vendor: 159927 PUBLIC SERVICE COMPANY OF COLORADO c/o UC SYNERGETIC 200 E SEVENTH ST SUITE 300 LOVELAND CO 80537 PO Number Page 9143812 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: 07/07/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price i OTHER PROF & TECH SERVICES 1 LOT LS 1,670.60 CONT #452299 CONSTRUCTION PMT 2 OTHER PROF & TECH SERVICES 1 LOT LS 1,668.83 CONT #452306 CONSTRUCTION PMT 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 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 exemptions. By worte the City of Fon Collars R exear , tom wre and local taxes. Our Exemption Number is 11. NON WAIVER. 9R4H502. Federal Excise Tax F;xemptiun Cmifeme of Registry 84-6000587 is registered with the Collermr of Failure of the Purclaver to insist upon stain performance of the terns and conditions hereof, fail we or delay to Internal Revenue, Denver, Colorado (Rcf. Colorado Revised Statutes 1973, Chapter 19-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly norlfy the Seller fir the event of a breach. the acceptance ofor payment for goods hi m anther or alignment ofthe design, stall not release the Seller of Goods R jetted. GOODS REJECTED due to failurem men specifications, either when shipped or due to defects of any of the wamnties or obligations of this purchase order and shall rim be deemed a waiver of my right of the damage in trough, may be rammed to you for credit and art at to be replaced except upon receipt of women purchaser to irson upon stria performance hereofor any of its rights or amedies as to any such goods, regardless ..an., from the City OF Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS are wbject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance Receipt of the merobandise, services or equipment in response on Offs goer can result in 12. ASSIGNMEN-OF ANTITRUSTCLAIMS. authotized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser magmas that in acmw occurring practice, overcharges resulting from =11i t n o ACCEPTANCE is dependent upon completiof all applicable mluirW inspection prrceduare in violations in fact Nome by the Purchaser. Thererofcrefar good Or. and as consideration for executing this ,mchase order, the Seller hereby assigns m the Pmchaser any end all c]at. it may now have m amiable, Freight Terms. Shipments must be F.O.D, City of Fort Collins, 900 Wood St, Fon Collim, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goads or services otherwise specified on this maer.Ifpennission is given to prepay freight and charge separately, the original freight purchased or acquired by the Pnchaer purmenno this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS oncofo ODg or definitive Shipment Distance.the, Where manufacturers have distributing a points in refight ,erns of the country, I voice heat Ifrhe Purchaser card dirtcls the Seller m correct nonconforming indicates or dabilay r as by a llm,cse to be ri ,eel upon by the expected from Ow nearest distribution point to datimtion, aced excess freight will be deducted from Invoice when ney art the work to land the Seller y shictrus indicateou inabiliry Or unwillingness m comply, the Purchaser shipments are made from greater distance. may grac the work to ch pedbmed by the mast expeditious meant mailable to ice and the Sella shall pay ell case assceia,ed with such work. Permits. Seller nhall prow, sailers sole soot all necessary permits, ectifiwta and tili,in required w all applicable laws, regulations, ordinancesaband tales duty tconstitut municipality, territoryitha Or political mthdiver th where the work is perfumed, , requiret by any other duly constituted public es, farm ha d igjun t .11 lia over the work in vendor Seller by agrees m hold the City li Too violation hf my s from end against all liability and loss .cured by them by mason of an asxrted or established violation of any such laws, tegulatigtq ooiwaca, roles and r quiremenu. ' Authorization. All parties to this contract agree ,tat the representatives are, in fact, Earn fide and Wssess full and omplete carbon, to bind said panics. LIMITATION Of TERMS, Ibis Purchaser O dOr expressly limits acceptance to the rotas and conditions stated herein in both and any supplementary Or additional terms and conditions annexed hereto or incorpormed herein by reference Any additional or different terns and condilimg pmposed by seller are, objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou... make complee shipment m amve on your promised delivery date as noted. Time is of the essence. Delivery and perfonwnce mull be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of Ihis provision. In the event affray delay, the Purchaser shall have, in addition,, other legal and ♦gmarble remedies, the option of placing this order elsewhere art holding the Seller liable for damages. However, the Seller shall awl be liable for damages as a resin, of delays due to tames not reasonably foreseeable which are beyond its reasonable control and without its fault ofnedigeme, such acts OfGW, ors ofavil or military authorities, ggvermnenml pmmilics, Ores, undoes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within rive (5) days of the time when the Seller first received knowledge rherrof. In the event of any such delay, the 6 to of delivery shall be extended fur the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants Out all goods, articles, materials and work covered by this order will conform with applicable drawings, specificaboos, samples aM.br at,, dacripliom give-, will be fl for the purposes intended, and Performed with the highest degree of care and competition, in accordance with accepted samrtard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may safer or incur on account of the Sellers breach of wananry, Ile Seller shall replace, repair or make good, without cos, no the purchaser, any defects or faults arising within one (1) year or within such longer period of time as maybe prescribed by law of by the terms of any applicable waramy provided by the Seller after the doe of acceptance of the goods thmished hereunder (acceptance not to be unrtasortably delayedl, resulting from imperfect or defective work done or matemLs famished by the Seller. Acceptance or use of goods by the Purchaser shall not comtimle a waiver of my claim under this wramnty. Except as otherwise provided in this purcham order, do Sellers Baled iry hereunder shall extend to all damages proximately canned by the breach of any of the foregoing wamnlies or guarantees, but such liability shall in no event include loss ofpmfits Or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes I. abe In . other than legal gems, including additions to or deletioru Irons the quantities originally ooered in the specifications or dr iny, by verbal or women change order. If any such change ofl'ects the amount due or the time Ofperfomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to airy or all portions of the good then not shipped, subject to any equitable adjmtnrcnt between the panies as in any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profts on the uncompleted ,onion of the goods medfor work, for incidental or consequential damages, end that no such adjustment be made in favo, of the Seller with respect Ig any good which are the Sellers standard stack. NO such leminmim shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim far adjustment must be asserted within thins (301 days from the doe the change or remwmou is oNered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been probard. sold, delivered and famished in said compliance will, all applicable laws and regulations to which the goals are subject. The Seller shall execute and deliver such documents as may be required to effect Or evidence compliance. All laws and regulations required to he ncopotated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify aml hold the Puchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure on comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfe, or convey this order, or any monies due or to become due hereunder without the print wmen consent of the other party. 10. TITLE. The Seller warrants full, clew and uaresuicted title to the purchaser for all equipment, mmeaiaB, and it. famished in perfoamance of this agreement free and clear of any and all liens, Restrictions, re,rvatiom, seounry interest mpormrances and claims of others. The Seller shall nelcu, the Pur.base, and its contractors of any tier from all liability and claims of any nature resulting farm the perfmaance ofsuch work. This release shall apply even in the event of fauh of negligence of the part achaal and stall extend to the directors, Ofcm fort employees of such party. The Seller's contractual obligations, including went shall not be deemed to be reduced, in any way, because such work is perfommd or caused to be performed by the Purchaser. 14. PATENT S. Whenever the Seller is required to use any design, device, material or process covered by letter, Amen, tradvmrk or copyright. the Seller shall indemnify and save hmmless the Purchaser from any and all claims for infringement by ,awn of the use of such patented design, device, mmenal or process in connection with the contract, and shall indemnify the Purchaser for any out expense or damage which it may be obliged to pay by aeawn of such infringement at any time duriug the Prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of,he goods, is in such suit held m constitute inGtngemenl and the me Of said equipment or pan is enjoined, the Seller shall, al its own expenses and at its option, either Traffic far the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfnnging equipment, or modify it so it becomes nownfinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make ran assignment for the benefit of crNimrs, appoint a receiver or trustee for any of the Sellers propany or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftener used or the interpretation ofthe agreement and the rights of all parties hertwder shall be consuuedumer fort governed by the laws of the Staze ofColomdo, USA. The following Additional Conditions apply only in where the Seller is la perform work herewda, including the ser'ices of Sellers Revesentative(sL on the premises i fathers. ❑. SELLERS RESPONSIBILITY. The Seder shall carry on said work at Seller's own ask until the same is fully completed and accepted, and shall, in case of any accidence desweuov or injury to the work anagor maenak before Sellds foal completion and acceptance, complete Ore work ar Seller's own expense and to the st bilacmn of the Patrolman . When materials and equipment fort famished by others for installation or vernier by the Seller, the Seller stall meeh'e, unload, more and handle same at the site and become responsible therefor as though such materiak imagist equipment were being famished by the Seller under the coder. S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, ,o its employees employed on or in cavnectima with the work covered by this purchase order, and/or to their drpcndents in accordance with the laxs of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but trot limited on, cou tme uil and automobile public liabiliry insurance with bodily injury and death limits of at lest E300.00p for any one person, 5500,14o for any c accident and property damage limit per accidenl of $400.000. The Seller shall likewise require his retractor,, if any, to provide for such aonpensation and insurance. Debate any of the Sellers or his contractors employees shall & any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such mmpensmion and insurance have been provided. Such ci nifcarer shall specify the dare when such compensation and immune have been provided Such certificates shall specify the date when such compensation end insurance expires. The Seller agrees that such compensation and insurance shall be meinuined until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire resrymsibility and liability for any and sll damage loss Or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hmmlcss the Purchmor and any r all of the Purchasers officers, agents and employees from cord against any and all claims, losses, damages, charges or expenses, wbaber direr, or national, and whether to persons or property to which do Purchaser may be put or subject by ,awn of my art, cocoon, neglect, omission or default on toe pan of the Seller, any of his contractors, or any of the Sellers or commeran officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, car its officers, agents or employees at any time on account or by mown of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its or their anoint, agents or employees as aforesaid, the Seller hereby agrees ,- assume the defense thereof and ro defend the same at the Sellers own espctue, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that nay he incurred by or obtained against the Purchaser or any of to an their afters, agents err employees in such suits or other praceedwgs, am in raic judgment or other lien be Placed upon or obtained against the property of the Purchaser, or said parties in or as a result of sueM1 suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or oherwiw. The Seller and his contractors shall take all safety precautions, furnisM1 and install all guard Ore.., for ,he prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles art regulations issued pursuant therem. Revised 03CO10