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HomeMy WebLinkAbout389317 PROCTOR ENGINEERING GROUP INC - PURCHASE ORDER - 9146761Fort Collins Date: 11/19/2014 PURCHASE ORDER Vendor: 389317 PROCTOR ENGINEERING GROUP INC 418 MISSION AVE SAN RAFAEL CA 94901 PO Number Page 9146761 7of2 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: 11/19/2014 Buyer: PAT JOHNSON Note: I Line Description Quantity UOM Unit Price Extended Ordered Price 1 Air copnditioning Quality Installation Program 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:purchasingQo fogov.mm 1 LOT LS 10,155.00 Total $10,155.00 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt Earn slate and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cmifimte of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised StaWtes 1923, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in mount, may be returned to you for credit and arc not to be replaced except upon receipt of wrttet instructions from me City of Yon Collins. Inspection. GOODS are subject to the City of Fan Collins inspection on anival. 11. NONWAIVER. Failure ofthe Purchaser to insist upon maid performance of the tears end conditions hereof, failure or delay to exuarrise 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 goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the purchaser to insist upon strict performance hereof or any of its rights or comedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any common onl modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the teats her. of. Final Acecpance. Receipt of the merehandise, smices or equipment in tapaue to this order ®n rend, in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is w be understood that FINAL Seller and the Purchaser ceramic, quit in actual a mic practice, overcharges resulting fimn antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the PureM1anr. The¢tofore,nfor good roue and as consideration f executing this purchase order, the Seller hereby resigns to the Purchaser any atd all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood SL, Fort Collins, CO 80522, unless acquired under federal or state contrast laws for such overcharges relating to the particular goods or services otherwise specified on this color. Upermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant o this purchase order. bill most accompany invoice. Additional charges for pinking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing pairs in various parts of the country, shipment is Ifthe Purchaser directs the Seller to correct noncouformingor de@ctivegoods byndate to bragreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the ScHia, and the Seller thereafter indicates its inability or unwillingnrss to comply, the Purchaser shipments we node from greater distance. may cause the work to be Ponfsm nd by flue most expeditions means available to it. end the Seller shall pay all cans associated with such work. Permits. Seller shall procure at sellers sole cast all rmcrnary pmnih, ttnifimtes end licenses national by all applicable laws, regulations, col rware and ales ofthe mile, municipality, territory or political subdivision where The Seller shall release the Purchaser ad its contractors ofany her from all liability and claims ofany return the work is performed, or required by my outer duly coutimled public authority having jurisdiction over the work resulting from no performance ofsach work. of ,color. Seller fuller agues 1. hold Me City of Too Collins hamtless farm and a,imt ell liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, ales This release shall apply even in the event of fault of negligence of the pay released and shall extend to the and requirements. directors, ofivers and employees of such pay. Authorization All parties to this contract agree that the representatives are, in fact, bona fide and possess full and The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because complete authority to bind said parties. such work is performed or caused to be performed by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set Perth and my supplementary or additional tease and conditions annexed hotels, or incorporated herein by reference. Any additional or different terms and conditions psopwed by seller are objected as and hereby mjated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on Your promised delivery dare as noted. Time is of the essence. Delivery and performance raw be a@teed within the time shad on the purchase order and the documents attached hereto. No acts of the Puchmers including, without limitation, acceptance i f puma Into deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall Rave, in addition to other legal and equitable readies, the option ofplaciag this order elsewhere and holding she Seller liable far damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its bauh of negligence, such acts of God, acts arrived or military authorities, governmental priorities, fires, strikes, Bawd, entreaties, wars m rich provided that notice of the conditions caning such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall he anowld for the period equal to the tine actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work several by this order will confomt with applicable drawings, specifications, samples mdror other descriptions given, will be 0 for the proposes intended, and Performed with the highest degree of care all competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wwawy. The Seller shall replace, repair or make good, without cost to the pwelme , any defects or faults arising within one (1) year or within such longer period of time as may be prescrihd by law or by the mum crony applicable warranty provided by the Seller after the date of acceptance of the goods fumislcd lawmaker (nevermore not to be wirensombly delayed), resulting from Imperfect or defective work date or materials famished by the Seller. Acceptance or use of good by the purchaser shall not constitute a quiver army claim under this wameuy. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing was ies or g.Iocs. bat such liability shall in no event include loss of pmfls or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE STALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tears by wriven change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including addition, to or delelions from the quantities originally ordered in the specifications or drawings, by verbal o written change order. If my such change affects the amount due or the time ofpci formmce hereunder, an equitable adjustment shall h made. 6. TERMINATIONS. The Purchaser may a1 any into by written change order, terminate this agraemem as as, my or sell portions of the goods then at shipped, subject to any equitable adjustment lanowen the panics as as, my work or materials then in pmguess provided that the Purchaser, shall nos be liable far any claims for swid,wed profit oa the uncompleted random, ofthe good mchor work, for incidental or coosryuential damages, and Nat no such adjustment be made in favor ofthe Seller with respect In any goods which ere the Sellers standard stock. No such terniwtian shall relieve the Purchaser or the Seller ofany oftheir obligations as ha any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjutmmt most be asserted wind. Mill (30) days from the date the change or mountains s is ordered. 8. COMPLIANCE WITH LAW. The Seller warmers that all goods sold hereunder shall have been produced sold, delivered and f ishcd in strict compliance with all applicable laws all regulation to which ere good are subject The Seller shall execute and deliver such decummm as may be required to effect or evidence compliance. All Uws and regulations required to be incorporated in agreements of this character we hereby incorporated herein by this reference. The Seller agrees at indemnify and bold the Purchaser hornless from all casts and dmrages suffered by the Punctuator as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall resign, transfer, or convey this audit, or any monies due or as, become due hereunder without the prior named cmtsmt athe other party. 10. TITLE. The Sellerwvmvh full, elm and unrestricted title to the Purchaser for all equipment, mammini, and items furnished in Performance of this a pavan. face and clear of my and all liens, concoctions reacoodu ns, security intnesa encumbrances and claims of ad., 14. PATENTS. Whenever the Seller is required to use any design, device, material or paceas mverd by liner, patent trademark r copyright. the Seller shall indemnify and save harmless the Paremser farm any end all claims far infnngement by reason of the use of such patented design, device, material or prvuss in connection with the contract, and shall indemnify the Purchmer for any cost, expense or damage which it may he obliged as, pay by reason of such infringement in my time during the prosecution or id er the completion of the work. In now said equipment, or my pan thereof or the inteaed use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is trimmed, the Seller shall, at its own expense and as its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the sum with substantially equal but nownfhnging equipment, or modify it so it becomes noninfr ring. 15. INSOLVENCY. If the Seller shall become mo vow or bmkii make an assignment for the benefit of creditors, appoint e oseelval or annee for my of the Sellers propay or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition of terms used or the functionalism of the agreement and the rights craft parties heremdm shill be cocomm d under and governed by the laws ofthe Suite ofColmado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreventative(s), on the premises of others. 12. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellouts own ruk unfit the sane is fully completed card accepted, and shall, in au of my accident, destruction or injury to the work anchor nmtauts before Sellers f 1 completion am accepancr, complete the work at Sellers man expense and to the madfixmon of the Frarehreet. When materials all equipment roe (tarnished by others for habilitation or erection by the Seller, the Seller shall rare, unlmd, share and handle same at the site and become responsible therefor as though such materials anchor equipment were being frmand al by the Seller mdtt the now. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including oce atiwnal disease benefits, to its employees employed on or in connection with the work covered by this purchase order, mchor to their dependents in accordance with the laws of the state in which the work is no be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability, insurance with bodily injury and death limits of at least 900,000 for any one pawn, 8500,000 for my one accident and property damage limit per occident of S400,000. The Seller shill likewise require his commocton, if any, ad provide for such compensation and insurence Befom my of she Sellers or his contractors employees shall do my work upon the premises of other; the Seller shall famish the Purchaser with a certificate Nat such compensation and announce have been provided. Such certi0cute shin :pacify the date when such compensation end insurance have been provided. Such certificates shill specify the date when such compensation and insurance expire. The Seller agrees that such compensation and insurance shall he maintained unto once the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury of my kind or aware whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold barmlasa that Purchaser and any r all of the Purchasers cheers, on. and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or tradition, and whether as persons or praii to which the Purchaser may be put or subject by reason of any act, r anion, neglaa, omission or default on the pa critic Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other pacrdirs, shall be brought against the Purchaser, or its officers, agcuts or employees at any dare on mcoum or by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or my of its or their oRcom, agents or employees as aforesaid, the Seller hereby agrees m assume the defense hereof sad to defend the same at the Seders own expense. to pay my and all cons, merges. attorneys fees and over expenses. any all all judgments that may be inured by or obmind against the Purchaser or any of its or their officers, agents or employees in such suits or other procedings, and in eau judgment or other lien be placed upon or obtained against the property of the Purchueq or said panes in or as a result of such suits or other proceedings, the Seller will at once cause the same 0 be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety prtcautiam, f ish and immll all guards necessary for the prevention of accidents, comply with all laws all regulations win regard m safety including, but without limimhow the Ocer,firrel Safety all Health Act of 1970 and all ales and regulations issued pdrsttmt tlrermo Revised 02R014