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HomeMy WebLinkAbout289879 UNITED MAILING - PURCHASE ORDER - 9145225Fort Collins Date: 09/10/2014 Vendor: 289879 UNITED MAILING 3201 E MULBERRY ST UNIT D FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9145225 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: 09/10/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price Utility Bills for July - Dec 1 LOT LS 54,000.00 2014 - Postage 2 Utility Bills for July - Dec 2014 - Copying and Handling 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 42,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terris and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By starme the City of Fan Collins is exempt from sme and local axed. Our Exemption Number is 11. NONWAIVER. 98-0150I. Federal Excise Tax Exemption CmiGcme of Registry 84 6000587 is registered with the Collmo, of Failure of the purchaser to insist upon sole, performance of the mass and mndltiaa hemof, failure or delay m Internal Revenue. Dense. Colorado (Ref Colorado Revised Statures 1973, Chapter 39-26, 114 pd, examiu any rights or rmmedies provided herein or by law, failure to promptly notify the Seller in the went of a breach, the acceptance of or remand for goods her anchor or approval suffix design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifwtions, either when shipped or due'a defects of -1 of 'he warranties or obligations of this increase order and shall nor be deemed a waiver of any right of the damage in unrest, may be returned 10 you for credit and are net to bar replaced except upon receip' of wahten Purchaser to insist upon strict performance hereefor any of is rights or remedies as to any such good, regardless instructions from the City of Fort Collins. of when shipped, arrived or ac«and, as to any prior or subsequent default bannister, nor shall any perponcd anal modificalion or rescission of this purchase order by the Purchaser operate as a waiver of any of the tea¢ Inspeclim. GOODS am subject 10 the City of Fort Collins inspection oa arrival. hersvf. Final Acceptance. Receipt of ,he merchandise, sm or equipmresponse in ponse to this omcr ca ,¢sash in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized Paymnn on the an of the City of Fat Call.,,,. However, it is to be nnderslofid thatPINAL Sella, and tire Purchaser recognize that in arms] ar is practice, a erefmges resulting from antim,u ACCEPTANCE is dependent upon completion of all applicable recruited inspection procedures. violations are in fact home by the Purchaser Theretofrre,nforgood cause and as consideciten for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or December Freight 'Perms. Shipumnm most be P.O.B., City of Pon Collins, 700 Wsmd St, Foe Collins, CO 80522, unless acquired under federal or sane Antitmst laws for such overcharges relating to the particular good or services otherwise sperifical on this order. If permission is given to prepay fmigbl and charge separately, the original (might purchased or acquired by the Purchaser pnrsoam to this purchase order. bill pawl ecwmpany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing palms in various parts of the country, shipment is expected from the nearest distribution point'a distinction, and excess freight will be deducted from invoice when shipments are made from fester distance. Permits. Seller shall procure at sellers sole cast all necessary permits, cenifca'ed and licrnses remind by all applicable hws, regulations, ordinances and ales offl a state, municipality, territory or political subdivision where the work is performe-0, or requited! by any other duly constituted public authority having jurisdiction .,or the work of vendor. Seller further agrees to hold the City of Fort Collins harlass from and against all liability and loss incurred by them by reason of An rimed or established violation army such laws, ngulatiorts, omwnces, roles and requirements. Authoriantion. All panics to this contract agree thut the «presca mfves arc, in fact. Fora fide and possess full anal complete outhodty to bind said partied. LIMITA]lON OF TERMS. This Purchase Came, expressly limits acceptance 10 the Isms and conditions stared herein set forth and any supplcmenmry or additional terms and conditions annexed hanlo or incorporated herein by reference. Any additional or different terms and conditions imposed by seller are objected N and hereby jemM 2. DELIVERY. PLEASE ADVISE. PURCHASING AGENT immediately Wyatt virtual make complo,a shipment to manot out your Promised delivery dale ns noted, 'I'ime is of the essence Delivery and performame must be effected within the time ,fated oa the purclara ruler, and the documents machM henna No acts or Its Purchasers inclading, withal limitation, acceptance ofpcnlal late deliveries, shall operate as a waiver ofthis provision. In the event army delay, the Purchaser shall have, in addition to other legal and rani ble remedies, the option of pl ,m, this omcr elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages os a result of delays due o .anus net reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts of God, ass ofcivil or military oulhonries, govemmemal primaries. fires, sInk,,, Round, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Pumhmer within five (5) days of the time when the Seller first received knowledge memo(. In the event of my such delay, the dma of delivery shall the extended for the period cr ml to the time secondly lost by reason ofba delay. 13, PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct noneonfoming or defective good by a life to be agreed upon by the Purchaser and the Seller, And the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. Tlrc Seller shall please the Purchaser and is contractors of any her from all liability and claims of any nmue moulting from the perfommnce afsuch wad. This please shall apply even in the went of fault of negligence of the party released and shall extend a the direcrars, deers and employees cfsuch Fort The Sellers contractual obligations, including wa'mnry', shall not be dertoed to be reduced, 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, dedce, minimal or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save lurmless the Purchaser Tam any and all claims for inGngement by reason of the use of such patented design,, device, material or process in connection with the contract, and shsl l indemnity the Purchaser for any cost, expense or damage which it may be obliged to pry by reason of such ,aGngement at any time during the p recration or ofer the completion of the work. ]it case said equipment, or any pan thereof nr the intended use of the good, is in such snit held to constitute infringcncnt and the use of said empirical or part is enjuined, the Seller shall, at i,, on expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially art but mninfinging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or barrapt, make an assigmnent for the benefit of creditors, appoin, a carriver or trustee for Foy of the Sellers proper or business, this order may forthwith be canceled by the Putahmer without liability. 3. WARRANTY. 16. GOVERNING LAW. The Sella, warns teal ill good, articles, materials and work coverts by this color will coo. with applicable The definitions of tenor used or the imerPretation of the agreement and the rights of all parties hereunder shall be drawings, speciftwtims, samples and/or offer descriptions given, will be lot for the purposes intended, and consred under and gmcmcal by the laws ofthe State afColomdo.USA. peafinned with the I ighest degree of core and competence in accordance with accepted smndems for work of a tar mature. The Seller arm, to bud the Purchaut hatless from any loss, damage or expense which the The following Additioal Condition apply 1 where the Seller ls IA f w'mk hereunder, 8 pp y any m rase Perform Purchaser may sufferer incur an account ofthe Sellers breach ofwaranty. The Seller star, replace, repairormake includingthe sluices ofSellm Represemative(s), on thepremisesofothera grand, without cost lO the purchaser, any defers or fasts arising within one (1) year or within such longer period of .:;lt SELLERS RESPONSIBILITY. ` time as ray be prewar it by law or by the ¢curs of any applicable warranty provided by the Seller after the dam of acceptance of the good famished hereunder (tweep'mtt not to to communicably delayed), resulting door imperfect The Seller stall carry on said work at Seller's awn tusk w'il the name is fully complied and accepted, and shall, or defective work done or materials furnished by the Seller. Acceptance or me of goods by the Purchaser shall not incase of any accident, destruction or injury to the work andor materials before Sellers final completon and onstiote a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers acceptance, complete the work in Seller's own expense and to the satisfaction of the PumFaser. When mmenrs liability hereunder shall extend ai r1 damages proximately caused by the breach crony of the foregoing warranties and equipment are famished by others for indmllation or erection by the Sellep the Seller shot, receive, unload, or guamnmes, but such liability shall in no event include loss ofpmf's or lass ofuse. NO IMPLIED WARRANTY score and handle roe al the site and become responsible therefor as through such materials and/or equipment OR MERCHANT ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. were being famished by the Seller cruder the order. 4. CHANGES IN LEGAL PERMS. The Purchaser may make changes to legal terms by waimen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tens, other Nan legal lenm. including addi'iona to or deletions from be quadrics originally ordered in the specifications or drawings, by varied or written change order. If any such change affctts the amount due or be time ofperfrmamce henurat an equiuble adjustment shall be made. 6. T1 RMINAT1ONS. The Purchaser may many time by waitten change order, terimte Nis agreamem as to my of all portions of the good then not shipped, subject to my extricable adjusment between the parties as to any work or materials then in profess provided thal the Purchaser shall not be liable for my claims for anticipated pmfrs on the uncompleted portion milk good and/or owns. for rncidentansry l or cetrential damagesand that no such adjustment be made in favo, of the Seller with respect to my which are the Sellers standard stock. No such mmim'imra shall relieve the Purchaser or the Seller of any oftbeir obligations as to my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment moat be asserted within thin (3R) days from the dare the change or nomination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goals sold hereunder shall have been notaced, sold, delivered and furnished in snict compliance with all applicable laws and regulations m which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All Laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser hatless from all corms and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, rrsfea or convey this order, or any monies due or to become due hereunder without the p60T woven consent of dtc other wary. 10. TITLE. The Seller accounts full, clear and un'etlrlcled tide to the Pucrhastt for all equipment, nutcnals, and item fished in performance of Nis agreement, free and -leer of any and all lien, restrictions, rtscnmions, sexam, m'erear encumbrances and claims afobroc IS. MSURANCE. The Seller shall, al his awn expert provide for the payment of workers compensation, including care upeional disease benefits, to its empluyees employed on or in connection with the work covered by 'his purchase order, md'ar to their dependents in accordance with the laws ofthe sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but rum limited to, contractual and automobile public liability insurance with ba sly injury und death limits ofar bras, 5300,000 to, any ona person, 5500,00o for any one accident and property damage limb per accident of 5400,000. The Seller shall likewise require his contractors, Worry, to provide for such campewdnn and announce. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall fumuh the Purchase, with a conifirsi e ttil such mmpensution and assurance have been povided. Such cenifestes shall specify the dam when such compensation and insurance have been provided. Such orrtificates shall specify the date when such wmpntiation and insurance expires. The Seller agrees that such compnexadon and insurance shall be maintained until after the entire ..,it is completed and accrued. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the aline responsibility and liability for any and all damage loss o, injury ofmy kind or nature whatsoever to unions or property caused by or resulting Tom the execution of the work provided for in this pureheu order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser 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 persons or property to which the Purchaser may be Pat or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In create any suit or other proceedings shall Be brought against the Purchaser, or is officers, agents or employees at any time on account or by mason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their oRicen, agents or employees as aforesaid, the Seller hereby agrees W assume the defense thereof and to defend the same at Sellers own expense, to pay my and all costs, clarga, moneys fees and other expenses, my and all judgmenb that may be incurred by or obtained 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 or as a result of such suits or other protect the Seller will at once roux the same m be dissolved and barraged by Rising bond or otherwiu. The Seller and his contractors shall take all safety precautions, finish and iamll all guards necessary for the prevention of arecide rb, comply with all laws and regulations with regal N safety includm& but without limitation, the Ca cupational Safety and Health Act of 1970 and all roles and regulations issued prtrauml themo. Revised 07ROl4