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HomeMy WebLinkAbout289879 UNITED MAILING - PURCHASE ORDER - 3214352 (2)of FOCity. Collins Date: 08/07/2014 Vendor: 289879 UNITED MAILING 3201 E MULBERRY ST UNIT D FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 3214352 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: 08/05/2014 Buyer: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED, DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to add addtl funds per requisition 47817 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 LS 20,000.00 Pay terms net 30 days 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute me City of Pon Collins is exempt from state and local ones. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenificare of Registry 84-6000588 is registered with the Column, of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Good Rejected. GOODS REJECTED due to failure in meet specifications, either when shipped or due to defects of damage in morit, may be rammed to you for credit aad a¢ not to W ,,loved a com upon receipt of woven insWctions from the City of Fon Collins. Inspection. GOODS are subject to the City of Pan Collins inspection on arrival. Final Acceptance. Receipt of me merchandise, saii or equipment in response to this order can result in authorized paymmt on the part of the City of Fort Collins. However, it u to W understood that FINAL ACCEPTANCE is dependent upon camplerimi of all applicable requited in,asi ion praedure. Freight Tome. Shipments most be F.O.D., City of Fort Collins, Boll Wood St. To" Collins, CO 80522, unless othensise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not W accepted. Shipment Distance. Where manufacturers have distributing pain,, in varm. pans of he country, shipment o expected from he neatest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from sreamr distance. Perrin, Seller shall procure at sellers sole cost all necennry permits, certill,mrs and licaisea required by all applicable laws, regulations, ordinances and rues of the site, municipality, territory or poliumd subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agees to hold the City of Fort Collins harmless form and .,an, ell hatmin, and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules am Qu,o rnents. Authorizarion. All panics to this contract agree that the representative arc, in fat, bans fide and passess full and .,left authority m bind said parties. LIMITATION OF TERMS. This Purchase, Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by roferenee. Any adhomol or di Wrenn trmn and condemns proposed by seller are objected to and hereby rejected. 2. DELIVERY. PI,ffaSE ADVISE PURCHASING AGENI' immediately if you cannot make coniplcle shipment to active on your promised delivery 6 to as noted. Time is of he e,,an,, Delivery and performance must be effected within the time stated on the purchase order and the documents .,ached hereto. No acts of foe Purchasers including, without limitation, acceptance affirmed late deliveries, shall operate as a waiver of this provision. In the event ofany delay, foe Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order dsvwhero and holding the Seller liable for damages. However, me Seller shall not be liable for damages as a result of delays due m causes rat reasonably foreseeable which are beyond its reawnable control and without is fault of negligence, such acts of God, acts of civil or military authorities, gm'emmental priorities, fies, strikes, flood, epidemic. wars or riots pounded that notice of me conditions causing such delay n given to the Parchsser within five (5) days of me time when the Seller first received knowledge thereof. In me event of any such delay. the into of delivery shall be exterded for the penal egnal to the time mtmlly lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goads, article, minimal, and work covered by this other will conform coif applicable drawings, specifications, samples author other descriptions given, will be Et fur the puryoscs intended, end performed with the highest degree of care and competence in accordance with accepted snowanks for work of a similar nmur, The Seller agrees to hold the purchaser hamdess from any IOss. damage or expense which the Purchaser may miller or incur on account of the Sellers breach of warmly. The Seller shall replare, repair or make goal, without cast to me purchaser, my defects or faults arising within one (I) year for within such longer permit of time as may W prescribed by law or by the corms of any applicable waranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptanre not to W mmmeaaoably delayed), resulting farm imperf rt or defective work done or materials dammed by the Seller. Acceptance or use of goad by the Purchaser shall not constitute a waiver of any claim under this warrmty. Except as oferwiu provided in this purchase order. the Sellers liability hcromder, shall extend to all damages Proximately caused by the breach of any of the foregoing wa,mntics or guarantees, but such liabiliry shall in no event include lass of profits or loss of use. NO IMPLIED WARRANT Y OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.^ 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes in legal terms by wmten change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the to.. .,he, than legal to., including additions m or deletions from Mc quantities originally oNead in the speci licatiom or drawings, by verbal or written change order. If any such change aRects In, amount due Or the time ofperfarmma hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser tray. any now by written change —for, Q-Mme this agrtemem as to any or all portimn of be goods men not shipped, subject to my equitable mljetmen, between me ponies in to any work or materials then in progress provided that the Purchaser shall not be liable fir any claims for mticipmed profits on the i ncmmpleled portion of the goods =Not work, for incidental or consequential damages, and that no such adjustment W made in favor of foe Seller with respect to any good which are me Sellers sandal stock. No such termination shall relieve the Purchaser Or the Seller ofmy of their obligations as to any goods delivered hereunder. B. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be owned within thirty (30) dap Ira. the dme the change a, termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warm. that all good sold heromms shall have been produced, said, delivered and famished in ,met compliance with all applicable laws and regulations to which are good art mbject. The Seller skull execute and deliver such documents n may, be fir itM On eflec, or evidence mmpllance. All laws and regulation required to W incorporated in agreement of this character to hereby inmryopeo d herein by this reference. The Seller agrees to indemnify and hold the purchaser harmless from all costs and damages suRered by me Purchaser as a root of me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this oNer, or any monies due or to become due hereunder without the prior written eonent of me other party. 10. TITLE. The Seller warrants full, clear and unrestricted tine to me Purchaser for al I equipment, materials, and items furnished in performance of this agreement, free and clam of my and all liens, restriction, reservations, security interest encumbrances and claims of marr, 11. NONWAIVER. Fail., of flue Purchaser. insist upon strict performance of the temp and conditions hereof. failure of delay,. 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 guests hereunder or approval ofNe design, shall not ¢lease the Seller of any of the warmntirs or obligations of this purchase order and shall trot W deemed a waiver of my right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed real modification or rescission of this purchase order by the Purchaser Operate as a waiver of any Of the terms hereof. 12. ASSIGNMENT OF ANTITRUSICLAIMS. Seller and the Purchaser recognize Out in actual economic practice, overcharges resulting from antitrust violations are in fat home by the Purchases. Therour om, for ogood cause and as coaidemtion for executing this ,welue order, me Seller hereby assigns to the Purehaser, any and all claims it may now have or Mosher acquired undo federal or sane antitrust Incas fro such overehmges relining no the pmicula goads or services purchased or squired by fe Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE, OF SELLERS OBLIGATIONS. If the Purchaser directs me Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller fereafef indicates its inability or unwillingnrss no comply, me Pmrchaser may cause the work to be pouf o red by the most expeditious means available to d, and the Seller shall pay all casts associated with such work. The Seller shall release the Purchaser and its contractors of any tier front all liability and claims of my nature resulting from the performance of such work. This release shall only even in the event of fault of negligence of fe party released and shall extend to me dhuerors, Mhour, and employees ofa.,h party. The Seller's contreetal obligation, including w'mrary, shall not W &,fine l m be rohroul in any way, because such work u performed or mused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process cm'ered by life, patent trademark or copyright, the Seller shall indemnify and Sove harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contact, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. in case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and fe use of said equipment or an is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser ,he right to continue using said cquipmrn, or pans, replace he same coif submmflally ryrial but noninfnnging equipment, or modify it so it becomes nonwfngiog. 15. INSOLVENCY. If the Seller shall become immsob'ent or baWnumn, make an assignment for the benefit of creditors, appoint a receiver or notice for any of $e Sellers proprny, or business, this offer may forthwith W conceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights of all parties hereunder shall W construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where me Seller is to perform work hereunder, including the services of Sellers Repmsenativen), on the premises ofothem 17. SELLERS RESPONSIBILITY. The Seller shall cony on said work at Sellers own risk until me same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work author mamdas before Stiles foul completion and ace,t., complete the work at Sellers own e.pma, and to foe satisfaction of the Puchaser. When maerals and equipment are fiunished by others fir installation or erection by the Seller, me Seller shall receive, reload, store and handle same at me site and become responsible dmerefor or though such materials andfor equipment were being fumishM by me Seller under dire order. ... 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including orime foal disease benefits, m its employees employed on or in connection with the work covered by this purchase order, aml to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contmctiel and automobile public liability insurance with beadily injury and death limits of at least Smaidwo for any one person. Mau," for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his imitation, if coy, to provide for such compartanion and insurance. Before any of foe Sellers or his continuous employees shall do any work upon me premises of other, the Seller shall famish the Purchaset with a cenificatr that such compensation and insurance have been provided. Such venificae shall specify she date when such compensation said insurance Save been provided. Such cerdfieate shall specify the date when such compensation and imMwcexpires. The Seller agees that such wmpermsation and insurance •hall be maintained until site, the 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 dxMI Iona or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in ormo, im herewith. The Seller will indemnify and hold hamdess the Purchaser and any r all of the Purchasers officers, agants and empfyen from and against any and .11 claims, losses, damages, charges or expenses, whether direct or indirect, and whether to Persons or property to which the Pmrchaser may W put or subject by reason of any act, action, neglect, omission or default on me pm of the Seller, any of his commetom, or any of me Sellers or contractors officers, agora or employee. In now any suit or other proceedings shall W brought against the Puehase, or is oRcers, agenu or employee,. my time on account or by ¢urn of any act action, paglet, omission or default of the Seller of my of his comeartors or any of is or their officers, agents or employees as abortaid. me Seller hereby agrees to assume the defense they of and to defend the same at the Sellers own expert,, li pay any and all costs, charge, mtomrys fees and other expenes, any and all judgmrnes that may W incurred by or obtained against me Purchaser or my of its or their officers, agents or employees in such suit or other proceedings, and in care, judgment or other lien W placed upon or obtained against the property of the Purchaser, or said porous is or in a mull of such suit or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or oferwise. The Seller and his contractors shall take all safely precaution, famish and inmll all gourds necessary for the prevention of accidents, comply with all laws and regulations with meant to safety including, but without limitation, the Occupational Safely and Health Act of 1970 and all roles and regulations issued pursuant Iheem. Revised 07n014