HomeMy WebLinkAbout492333 SOLOMON CORPORATION - PURCHASE ORDER - 9141278 (3)Fort Collins
Date: 11/14/2014
Vendor: 492333
SOLOMON CORPORATION
PO BOX 245
SOLOMON KS 67480
PURCHASE ORDERPO
914127er Page
141278 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: 11/14/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
3 CO 2 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@fogov.wm
1 LOT EA
25,000.00
Total $25,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terrns and Conditions
Page 2 of 2
I. COMMERCIALDETAIIS.
Tax amorphous. By statute the City of Fort Collins is exempt from spite and local Wes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exrmption Cantonese of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon super performance of the perms and canditions Iretmf, failure or delay M
leaned Revenue, Drover, Col.& (Ref. Colorado Revised Seasonal 1973. Chapter 39-26. 114 (a).
exercise any rights or menthes provided herew or by law, failure as promptly testify me Seller is the ever. of n
breach, the acceptance ofm payment for good hereunder or approval ofthe design, shall an relase the Sella of
Good Rejected. GOODS REJECTED due to failure to to specificatiom, either when shipped or due m defects of
any of the warranties or obligations of this purchase order and shall rent be deemed a waiver of any right of the
damage in transit, may M renamed to you for credit and art not b be, replaced except upon receipt of wring
purchaser to insist upon strict performed¢ hereofor any of its rights or remedies ss many such good, regardless
insinuations from the City of Fan Cr lmsu
of when shipped, received or accepted, as to any prior ar s veserp.at defeat, hereunder, w, shall any Portland
oral modification or rescission of this purchase occur by Me Purchaser openve as a waver of any of the rams
Inspection. GOODS are subject to the City of Fon Collins inspection on arrival.
hereof '
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
andarizN payment oa the pan of the City of Fan Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antioust
ACCEPTANCE is dependentupon completionofell applicable required inspection procedures.
violations arc in fee, home by the Purchase, Theremfore,fogood cause and as consideration for executing 'his
purchase older, the Sella hereby assigns to the Purchaser any and all claims it may now, have or hereaver
Freight Terms. Shipments must be F.O.D., City of Fan Collins, 700 Wood St., Fan Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating in the particular good or services
otherwise specified on this order. If pemrission is given to prepay freight and charge separately, the origiml freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in variom pans of the country, shipment is
If the Purebcsa directs the Sella to correct nonconforming or defective good by a date to be agreed upon by the
expected from the remain distribution plat to destivarica, and excess freight will ve deducted from Invoice when
Purchaser and the Sella, gal the Seller tberrvBer indicates its imablliy or unwillingness to comply, the Pmcbzsa
shipments are made from greater distance,
may caul the work m be Performed by the most expeditious mews available to it and the Sella shall pay all
costs turnaround d with such work.
Permits. Sella shall procure at sellers sale east all necesvry permits, caificztes and licenses larval by all
applicable laws, regulations, ordinances oval rules of den state, municipality, territory or political whdvuion where
the work is performed, or required by any other duly mmtitmed Public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fan Collins hairless from and against all liability and loss
arcby them by mafter ne raved or esmblohal violation of my such laws, regulations, odi veers, rules
saed mount
re ,wham cats.
Authorization. All plies in this contract agree that the represn alla, arc, in fact, bore Ode and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS, This Purchase Older expressly limits acceptance m the terns and conditions stated
heein set Ruth and any supplementary or additional terms, and conditions annexed hereto or incorporated herein by
reference. Any additional or different team and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive oil your
promised delivery date as noted. Time is of the essence. Delivery and performance mus, be effected within the time
stated on the purchase older and the documents attached hereto. No acts of the Purch ers including, without
limiation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of my delay,
the Purchaser shall have, in addition m other legal and equitable remedies, the option of placing this order elsewhere
and holding the Siva liable for damages. However, Me Sella shall rot be liable for damages as a result of delays
due to causes not removably forms«able which are beyond its removable control and without its fault of negligence,
such acts of God, acts attend or milimry and orri gm'emmatpil priorities. fine, strikes, Rood, epidemies, wars or
riots provided that no,am of the conditions ausing such delay is given on the Purchaser within five (5) days of the
time what the Sella first received knowledge thereof. In the event of my such older , Me date of delivery shill ha
extended for the period am[ to the over, soundly lost by reason of the delay.
3. WARRANTY.
The Sella waranty that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples mNor other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standard far work of a
similar nature. The Seller agrees to hold the purchaser bamlless from any loss, damage or instance, which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defeat or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of my applicable warranty provided by the Seller aver the darn of
acceptance of the good fmished hereunder (acceptance not to be urreasovbly delayed), creating from imperfect
or defective work done or materials f nsishal by the Sella. Acceptance or use of good by the Purchaser shall not
omtimm a waiver of my claim under this wermnty. Except as, otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately ...it by the beach of my of the function, wanmtias
or guarsnams, but such liability shall in w event include lass of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser ivy make changes to lead terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
This Pueeheser may make any changes to Ne terms, other Nan legal ,emu, including sadaioas in m deletions from
Me quantities originally ordered in the specifications or drawings, by venial or written change order. If my such
change affects Me amount due or the time ofpaformanew hereunder, an equitable adjustment shot he made.
6. TERMINATIONS.
The Purchaser may al any time by written change ade . terminate this agreement as to any or all ponies® of the
goads then not shipped, subject to any grdicable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted
portion of the ..its and/or work, for incidemal or c ow,li ntial damages, and that an such adjustment he made in
favor of the Sella with respect to any goads which an the Sellers standrd stock. No such multimillion shall relieve
the Purchaser or the Seller of any of their obligations as to any good delivered hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim for edjtutment most be assented within Niay (30) days from the dam the change or termirmtion is
mdmmd.
8. COMPLIANCE WITH LAW.
The Sella warrants Nat all goods sold hereunder shill have been produced, sold, delivered and fmished in strict
compliance with all applicable laws and regulations tv which the goods art subject. The Sella shall execute and
deliver such documents m may be raluiral b effect or evidence compliance. All laws and regulations «gored to be
ma rpar al in agr«mats of this character are hereby incorporated herein by this .thew«. The, Sella apses to
indemnify and hold the Purchaser hmmless from ell costs and damages suffered by Me Purchaser ss a result of the
Sella failure to comply with such law.
9. ASSIGNMENT.
Neither party shall resign, member, m convey this at or my monies due or to become due hereunder without the
prior written consent ofthe other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to me Purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clear of my and all lime, nestraiutu, monviamess, secmily interest
encumbrancer and claims ofothers.
The Seller shall release the Pumhose, and its contractors of my ties film all liability and claims of any nabme
resulting from the performance of such work
This release shall apply even in the event of fault of negligence of she pang criminal and Mail extend to the
directors, officers and employees ofsuch may.
The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, became
such work is performed or caused to be perfortnal by the Pumhsser.
14. PATENTS.
Whenever the Seller is required to use my design, device, material or process covered by [ever, parrot, trademark
at copyright, the Seller shall indemnify and save harmless the Purchaser from any end all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for my cast, expene or damage which it may be obliged in pay by mason ofsuch
infringement at any time during the prosecution or over the completion of the work. In case said equipment, or
my pan thereof or the intended use of me good, is in such suit held to constitute immurement and the use of
said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure fro the
Purchaser the right m continue using said equipment Or pans, replace vice same with substantially equal For
nearinfringing equiparcro m modify it wit becomes cuninmnging.
15. INSOLVENCY.
If the Sella shall become .],an nt or bmkmpt, mile an maiAmem for the benefit of creditors, appoint is
readver or Income,for any of do Sellers property or business, this older may forthwith be, canceled by the
Purchaser warrant liability.
16. GOVERNING LAW.
The definitions of teals used or the interpretation ofMc agreement and the rights ofall parties hereunder shall be
corutmed under and governed by the fwa of she State ofColondo, USA.
The following Additional Conditions apply only in claim where the Sella is to perform work hereunder,
including the srvices i f seven Ri preaentativrds), an the premise fothers.
It. SELLERS RESPONSIBILITY.
The Seller shall any, on said work at Sellers own risk until the same is fully completed and accepted, and shall,
to us. of my accident, desnuaion or injury to the work tralm, mmerioh before StHro's Owl completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment as fumishal by others for installation or erection by the Sella, the Seller shall receive, unload,
store wd Write same al the site and become responsible therefor ss though such materials andro, ryiiipmm,
were being famished by the Sella ander the older.
18. INSURANCE.
The Seller shall, in his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its couplecm, employal on or in instruction with the work covered by this purchase order,
ardor to Neer dependents in mcordance with the laws of the sure can which the walk is as be time. The Sella
shall also many mmpabemire general liability including, but not limited W. wntrzctud and aurommile public
liability inalnce with bodily injury and daunt limits of at least S300,000 fro my one person, 5500,000 for my
one accident and progeny damage limit per accident of S40o,000. The Sella shall likewise rapture his
contractors, Henry, to provide for such compensation and insurance. Before my offlue Sellers or his contractors
employes shall do my work upon the premises of others, the Sella shall famish the Purchaser wild a certificate
that such compensation and insurance have burn provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compemation
and insurance expires. The Sella agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the arrive responsibility and liability for my and all damage, loss or injury army kind
or nature whatsoever to persons or property caused by or resulting from the execution of me work provided for in
this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and my
r all of the Pu¢hmers offices, agents and employers from and agaimr my and all claims, losses, damages,
charges or expenses, whether diced or indirect, and whether to Person or pmpmy m which the Purchser may
he put or subject by rcasna of any act, action, ruder, omission or default on the pan of the Seller, my of his
examorma, or my of Me Sellers or covmdors officers, agents or employers. In case my suit or other
procredings shall be brough, agxinsr the Purchaser, m its oMr.. agents Or employees at my time on mr. or
by reason of any act, acorn, neglect, omission or default of the Sella of my of loos co meramrs Or any of its or
their rhino, agers Or employces ss aforesaid, the Sella hrreby agrees to asanme the defense thereof aal to
defend the same at the Sellers own expense, to Pay my and all costs, chimes. avomeys furs and oMe, expemes,
my snd all judgments that may be imvrred by or obtained against Me Purchaser or my of its or their officers,
agents or employees in such wits in other proceedings, end in as judgment or other him W placed upon or
obtained agahrsr the property of the Fushasrr, or said parries in or as is nsult of well suits or older proceedings,
the Seller will at once cause Me more to be dissolved] and discharged by giving band m otherwise. The Sella and
his contractors shall take all safety precauriom, furnish and imnll all guard necessary for the prevention of
accidents, comply with all laws wit regulations with regard to safety including, be, without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto.
Revised 07R014