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HomeMy WebLinkAbout106130 S D MYERS INC - PURCHASE ORDER - 9146705City of Fort Collins Date: 11/17/2014 Vendor: 106130 PURCHASE ORDER S D MYERS INC THE TRANSFORMER CONSULTANTS 180 SOUTH AVE TALLMADGE OH 44278-2813 PO Number Page 9146705 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: 11/17/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Testing of Oil Samples Sales Order Number 10135125 P14 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 5,725.00 Total $5,725.00 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 1. COMMERCIAL DETAILS. Tax exemptimes. By matute the City of Fon Collins is exempt fro state and local ties. Our Exemption Numi is 11. NONWAIVER- 98-0450I. Formal Excise Tax Exemption Comficam of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance, of the tenmi and conditions horror failure m delay to Internal Revenue, Denver, CoMado (Ref. Colorado Rerised Sudden 1973, Chapter 39-26,114 (a). exercise any rights remdiees Provided herein or by law, failure to promptly ratify the Seller amour avr of a bneach, the acceptance ofm payment for goods hereunder or approval ofine design, shall not relma the Seller of Goods Rejected. GOODS REJECTED due m failure to men specifications, either when shipped in for to defects or any of the wanaaties or obligator of this purchase order and shall trot r deemed a waiver of any right of the damage in Vansit, maybe mounted to you for credit and are net in be replaced except upon receipt of wrimen purchaser m insist upon strict performance hereafor my of its rights m remedies on in my such goods, regardless imtructiors from rise City affirm Collins, of when shipped, reached or aeepted, as to my prior or subsequent default hereunder, nor shall any pmporad oral modification or rescission of this purchase order by Me Purchases operate as a waiver of my of the tears Inspection. GOODS are subject to the City of For, Collins inspection on moral. hereof. Final Acceptance. Receipt of the memliandise, services m aryipment in response to this ordm can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mthorized paymrnl an fire part of fie City of Fog C.Ifins. However, it is to be understood Nat FINAL Seller and the Purchaser recognize that in anal economic practice, overcharges moulting from m =mo, ACCEPTANCE is dependent upon complaion mf all applicable required inspection pro edmax violations are in fare t home by the Patching. Themfom for good cause and as co side ghon for executing this purchase order, the Seller hereby assigns in the Purchaser any and all claims it may now have or hgeafier Freight Terms. Shipments most be F.O.B., City of Fog Collins, 700 Wood St., Fog Collins, CO 80522. unless acquired under &deal or state antitrust laws for such overehatga rclming to the particular good or services otherwise specified on this orderif permission is given to prepay fight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for parking will not be accepted. Shipment Distance. Where manufacturers have distributing Points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made form greater distance. Pertain. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and miles of the state, municipality, territory or political subdivision where the work is performed, or required by my other duly constituted public authority having jurisdiction over the work of vendor Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss anderred by them by reason of can asserted or established violation of my such laws, negulmio, oedinances, rates mrequirements. Authorization. All pries to this correct agree then the representatives art, in fact, bona fide and possess full and complete authonty m bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms; and candidate armed herein sn foM and any supplementary or astringent more rod common amzxed hereto m oaorp smted herein by referene. Any additional or i ifeteat tents and conditions Imposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canmt make camplem shipment to amve on your promised delivery date m noted. Time is of the asserce. Delivery and peK ome, must be effected within the time mid on the patches, order and the documents attached harem. No cots of the Purchasers including, without ltmortian, congruence organist late deliveries, shall opera as a waiver critics provision. In the exact army delay, the Purchaser shall have in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a moult of delays due to causes not reassnably fotcssmilde which are beyond its reasonable accord and without its fault of negligence. such rocn of God, acn of civil or military authorities, governments] pnontin, Gres, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fro received knowledge thereof. In the event of my such delay, fie dam of delivery shall be extruded for the period extra to the time aurally lost by reason of the delay. 3. WARRANTY, The Seller warrants 'hot all good, articles, mammals and work covered by this order will conform with applicable drawings, specifications, temples mdtor other desai,eiom give, will be fit for he purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of me Sellers broch of waanty. The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of time in may be prescribed by law or by the tenor of my applicable warranty provided by Ne Seller after the date of accordance of the goods fumuhed hereunder (acceptmce not in be unreasonably delayed), resulting !arm imperfect or defective work done or matenats boosting by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise Provided in this parchme order, the Sellers liability hereunder shall extend to all chancellor proximately caused by the French of my of the f going warranties or Buncommon. but such liability shall in no rem include lass ofporftts err loss of use. NO IMPLIED WARRANTY OR MERCHANABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes 0legal hours by wrinea change order. 5. CHANGES IN COMMERCIAL TERMS. The Purch sser May make any changes to the terms, other Nan legal terms, including additions to or deletions, from the quagnam originally ordered in the specifications or dawings, by virtual or wdnen change meet. If any such change ofeca fe amount due err the time ofparfomance hereunder, an casuis le adjustment shall be made. 6. TERMINATIONS. The Purchaser may many time by women change order, tcnnance this agreement as to my or all por,imm of the goods fen not shipped, subject to any equitable adjustment between fie parties as to any work or mammals than in nations provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the goods Motor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller crony of their obligations as to any good delivered hereunder. ]. CLAIMS FOR AD3USTM ENT. Any claim for adjustment must be awned within thirty (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goad sold hereunder shall have been produced. sold, delivered and famished in strict compliance with ell applicable laws and regulations on which the goods me stablest The Seller sbull execute and deliver such documents as may In required to effect or evidence compliance. All laws and regulations required to be Marginated in agreements of this character am hereby incorporated herein by this reference. The Seller agrees to indemnify, and hold the Purchaser hmmlecs from all costs Mutt damages sufered by the Punctuator as a mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Ivy shall cosign, m.fer, or convey Nis order, or my Motors due or to become due hereunder without the prior written coment of sbe other parry. 10. TITLE. The Seller warrants Fell, clear Mad umotricted title m the Purchaser far all equipment, mmeri bi, Magi it. famished in ffarm a of this agreement f and clear of my Mud all liens, raticnom, menatims. seamy inrrnst oucwnbaaes and claims ofotbers, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct noncorunning or defective goods by a doe 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 expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Parches, and its contactors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the pay released and shall extend 0 the directors, sneers Mud employes of such red, The Sellers contractual abligationa, including warranty, shall not be deemed to be reduced, in my way, because such work is performed err caused it,. be perfoemed by Ile Purchaser. 14. PATENS. Whenever the Seller is required w use my design, device, material or process covered by loner, patmL trademark or copyright, line Seller shall indemnify and save hunters Me Nvchaser from my and all claims for infringement by reason of the use of such painted design, device, material or process in mounting with line commit, and shall indemnify the Purchaser fro my cost expcme or damage which it may he obliged as pay by reason of such infringement m my time during the, prosecution or after the completion of she work. In case said equipment, m my pa thereof or the intended use of tbe goods, is in such suit held to eomtiNte infringement and the sea of said equipment or pa is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but mninfringing tyuipmrnL or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or haNwpL make an usignment for the bereft of creditors, appoint a receiver or trustee for my of the Sellers property or business, Nis order may forthwith be canceled by the Purchaser without liability. 16. GOVERNMG LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be amounted under and grvemed by the laws of the State ofColomdo, USA. The following Additional Conditions apply only in owes where the Seller is to perform work hereunder, including fire services of Sellers Represenmrive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is Billy completed and notified, and shall, in rose of my recident, destruction or injury to the work and/or materials befog, Sellers final completion and uccepance, complete Me work at Sellers own expense and to the satisfaction of the Purchaser. When materials and n uipmem are Finished by often for immllation or erection by the Seller, the Seller shall receive, uNmd, store and Randle sax at the site and become rspomible therefor a though such mmenan andror equipment were being furnished by the Seller order the order. 18. INSURANCE. The Seller shall, at his own expense, provide fro rise payment of wohers compmscho, including occupational disease beaefs, to is employees employed an or in connection with the wage covered by this parchase order, anNm 0 their deperalmr in accordance with the laws of the sate in which the work is to be done. The Sella shall also arty comprehea ive general liability including. but root limited b, contractual and automobile public liability insurance with bodily injury god death limits ofar least $3M,000 for my one person, S500,000 for my one accident and property damage limit per accident of S400,000. The Seller shill likewise require his cantmcmes, if. , to provide f such wmperaation and imuance. Before my of the Sellers or his condactmrs employees shall do any work upon the premises of others, the Seller shall famish the Purchaserwif a certifmre door such consternation and ins throe have been provided. Such ocrufcages shall specify me date when such compensation and insurance have been provided. Such cmificams shall specify the date whom such compeusmion and insurance amir¢ The Seller agrees that such compensation and insurance shall be maintained until aft the entire work is completed and accaund. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby aevmes the entire nespeariddy and liability for my and all damage, loss or injury of my kind or nature what mover to persons or property mused by or resulting from the execution argue work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Pmaluasers mficers, 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 put or subject by reason of my acL action, neglect, omission or default on the pan of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In cos, my suit or other proceedings shall be brought against the Pwelumer, or its officers, agents or employees at any time on strong or by reason of my act, action, neglect, omassam or default of the Seller of my of his comments or my of in or their officers, serene or employees as aforessid, the Seller hereby agrees to assutm the defense thereof and ro defend the same at the Sellers own expense, to pay my and all cogs, charges, momeys f and other extremes, my and all judgments Nat may be Mammal by on obroad against the Pardoner or any of its or their officers, agent or employees in such suits on other proceedings, end in eau judgment or other lam be placed upon or obmaned against the property of the Purchaser, or said parties in or as a result of such suits or ether pmecNangs. the Sever will at once ore the same in be dissolved and dominiged by giving boned or ofenst The Seller and his contactors shall take all safety precautions, famish and onsrll all guards necessary for the preseution of acidmts, amply wads all laws and regulation woN regard 0 ofety including, but without limarnon, fire Occupational Salary and Healed An of 1970 and all rates and regulations issued pursuant fenew. Revised 07n014