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HomeMy WebLinkAbout514019 VOLT MANAGEMENT CORP - PURCHASE ORDER - 9147321Fort Collins Date: 12/10/2014 Vendor: 514019 VOLT MANAGEMENT CORP FILE #53102 LOS ANGELES CA 90074-3102 PURCHASE ORDER PO Number Page 9147321 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: 12/10/2014 Buyer: PAT JOHNSON Note Line Description Quantity UOM Unit Price Extended Ordered Price I T Pierce Temporary Help in SCO October, November & December 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:pumhasing@fogov.com 1 LOT LS 7,000.00 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins IS exempt m fmstate and loon taxes. DIM Des Exemption Number is 98-04502. Federal Excise Tax Exemption Cmificanof Registry M-60D0580 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due m fail. or men specifications, either when ahipped or due to defects of damage in mmai, may he refs mad to you for credit and arc not to be replaced except upon receipt of w'rirm instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance, Receipt of the merchandise, urvica or equipment in response to Nis order can maul, in polarized payment on the pan of the City of Fart Collins. However, it is to be understood but FMAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tersm. Shipments must he F.O.B., City of F. Collins, 700 Woad St-, Fort Collins, CO 80522, .less otherwise specified on this order. If permission is given to prepay freight and charge Separately, the original fight bill mast accompany inecom. Additional cbamgc far packing will tut be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to deraira[ion, Stud excess freight will be debutted fmm Invoice when Shipments are made fmm greeter distance. Permit. Seller shall procure at sellers sale oast all necessary permits, oenifipfeS and licenses repuirwi by all applicable laws, regulations, ordinances and roles of the state, municipality, Wrilary or political subdivision where the work is Performed, or ox, irtdl by my other duly constituted public authority having jurisdiction over the work of werstor. Seller noun, agrees to hold the Ciry of Fart Collins harmless farm and against all liability and loss waned by them by reason of an asserted or established violation of any such lass, regulations, ordinances, Miles .it "a ens. Authorization. All parties to this contract agree that the representatives Inc. in floc, bons fide and possess full and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Other expressly limits compliance to the I. and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or duration kap— and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you pmmr make complete shipment to arrive on your promised delivery dare as noted. Time IS of the essence. Delivery and performance most be effected within the time stared on the purchase order and the documents attached hereto. No to of the Purchrsers including, without limiount, acceptance of partial late d'herams, shall operate in a waiver of this provision. In the event of any delay. Mae Purch per shall have, in addition m other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a moon of delays due to causes not reasonably foreseeable which a e beyond its reasonable central and without its fault of negligence, such ace of Goal, act ofei,il or military mil orhia, govemmental priorities, fires, strikes, flood, epidemics, wars or or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) Jays of the time when the Seller first received knowledge Nertof In the event of pay such delay, the date of dcllvery Shall be atmded for the period egwl to the time m[mlly last by reason of the delay. 3. WARRANTY. The Seller warrens that all goods, articles, wr irk and work covered by this order will conform with applicable drawings, spmfcanow samples asNor other descripuors given, will be Et for the pmposa intended, and perfomrd with the highest degree of care and competence in wwrd a with accepted standards for work of a imilar whore. The Seller egrets m held the purchaser harmless fro any loss, damage or expense which the Pmrchwer may suffer or incur on account ofthe Sellers breach of wamanty. The Seller shall replace, repair or make goad, wilmin cast to the purchaser, any defect or fanit arising within one (1) year or within such longer peried of time as may he prescribed by law or by the terns of my applicable warranty provided by the Seller after the dam of acceptance of the goods fmished hereunder (acceptmem Out m be unseaumbly delayed), usulting fro impeR r or defective work done or rwteria s f ished by the Seller. Acceptance or use of goods by the Purcfser, shall sea constimm a waiver of my claim under this warranty. 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 warranties or parardow, but such liability shall in an event include loss of pmfis or loss of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal Tema by woman change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes or the terms, at ban legal terms, including additions to or deletions,from the qumtitia originally ordered in the specifications or drawings, by verbal or wines change order. f any such change affect the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The purchaser may or any time by wrown change order, terminate this agreement as m any or all portion of the goods then not shipped, subject to my Opti able djuamrnt bnwem the Praia as to any work or materials then in progress provided Char the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the goods polar work, for incidental or cowequential damages, and that na Such adjustment be made in favor of the Seller with respect to any goods which am the Sellers standard stack. No such permission shall relieve the Purchaser or the Seller of any oftheir Obligations as to any goods delivered hereander. q. CLAIMS FOR ADJUSTMENT. Any claim far adjustment most be, asserted within thirty (30) days from the dare the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold delivered and famished in strip compliance with all applicable lows and regulations to which the goads are subject. The Seller shall exeeme and deliver such documents as may he required 1. erect or evidence compliance. All laws and regulations required to be iucoryomed in agrttmmts of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser homeless from all raps grad damages Suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall III trawfn, or convey this order, or my mania due or to became due hereunder without the prior written consent of the other panty. I o. TITLE. The Seller warrants full, clear and unrestricted title to the Futchmer for all a Impmm, materials, and items (mashed in perfomame of Nis agreement five and clear of any and all Item, restrictions, .1tione, Security wterest mcumbrmca and claims of others. I I. NONWAIVER. Failure of the Purchaser to insist area sister performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies presided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchmc order and shall not he deemed a waiver of any right of the purchaser to insist upon strict perfo. hermfm my of its rights or remedies a an any such goods, regardless of when shipped, received or acceptd, as 1. my Prior or subsequent default hee seder, nor shall my purportad oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in armed economic practice, ovachmges resulting from antitrust violations art in fact home by the Purchaser. naturalism, for good came and as consideration for executing this purchae order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overebargc relating m the particular goods or services purchased or acquired by the Purchaser pursuant to this porchaSe order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a data to be agreed upon by the Purchaser mad the Seller, and the Seller thereafter indicates its inability or unwillingness m comply, the Purchaser may crown, the work to he performed by the most expeditious meets available to it, and the Seller shall pay all toss associ edwith such work The Seller shall release the Purchaser and its compactors of any tier from all liability and claims of any prime resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry ¢leased and shall extend in the directors, altars and employees of such party. Ile Sellers commercial obligations, including comply, shall not be deemed to be, reduced, in any way, because such work is performed or cowed to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, plant, trademark or copyright, the Seller shall indemnify and save harmless the Purchmer from any and all claims for infringement by mason of the use of such patented design, device, material or process in connection with the contract, and Shall indemnify the Purchaser for my cos, expense or damage which it may be obliged in pay by reason ofsuch infringement at any time during the pmucution or after the completion of the work. In cost said equipment, or any par thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense end at its option, either Furnace for the Fanchises the right to continue using said equipment or paps, replace the same with substantially mi but nasinlrioging equipment, in nobly it sec it becomes anambeioging. 15, INSOLVENCY. If the Seller shall become insolvent or ba limpr, make an assignment for the benefit of creditors, appoint u or vustee for any of the Sellers property or business, his abler may foMwllh be canceled by be Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and the rights of all parties hereunder shall be omtt.d under and governed by the laws ofthe State ofColom la, USA. The fallowing Additional Conditions apply only in awas wham the Seller is in Perform work hereunder, including the services of Sellers Repacentative(s). on the premiss of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own Make until the same is fully completed and accept, anal shall, in rase of my accident, destruction or injury in the work anal mareriak helium Sellers Rod completion and acceptance, complete the work at Sellers own expense and to the Satisfaction of the Purchaser. Whco mmeries and equipment are finished by others for installation or creation by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as Hough such materials and/or alp roper were being f ished by the Seller under Ore order. IS. INSURANCE. The Seller shall, at his awn expense, provide for the paymmt of workers compersatiun, including Occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, mNOr m their dependents in acecrdance with the laws of the state in which the work is to he does. The Seller shall aim prep comprehensive general liability including, but not limited to, continental and amontillado public liability iwumnce with bodily injury and dmN limits of at least SOOO." for my one Person, S500,00o for my one accident and property damage limit per accident of S400,000. The Seller shall likewise require his computers, if any, to provide for such compensation and warrants. Before my of the Sellers or his committees employees shall do any work upon be, premises of others, be Seller shall finish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates at spxify, the date when Such compensation cost ewewme have been provided. Such aspiration shall specify she die when such mmpeosation and accurate expires. The Seller agrees but such compensation and insurance shall he mainmined until nRer the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller barely assumes the afire responsibility ad liability far any and all damage, lass or injury army kind r nature whasouver to Pori or property annual by or recalling fmm be execution ofthe work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purcawers officers, agents and employees from and against any and all claims, loses, damages, charges or expenses, whether direct ar indirect, and wherber to persons or property to which the Purchaser may he put or subject by reaion of any m, notion, neglect. omission or defeat, on the pot of the Sells, my of his contractor, or any of the Sellers tar contractors oRccrs, agents or employers. In case my suit or other Proceedings shall be brought against the Purchase,, or its officer, agems or employees at any time oa account or by reason of my act, action, mglec, omission or default of the Seller of my of his combustors or my Of its or then oMo., agens or employees a aforesaid, the Seller hereby agrees to assume the defame thermf and to defend the same at the Sellers was espeme, m pay my and all costs, charges, mmmeys fees and other expenses, my and all judgmms Nat may be incurred by or obtained against the Purchaser or my of its or then olEcers, agent or employees in such suits or other pmccedings, and in case judgment or other lien be placed upon or obtained against the property raffia Pmchaer, or Said parties in or as a result armies suits or other proceedings, the Seller will at once parse the same to he dissolved and discharged by giving band or otherwise. The Seller and his ..,am shall tale all Safety pfic usimM birth aM imall all girds necessary Mir the prevemion of accidents, comply with all laws and regulations with mound to safety including, but without limitation, the Occupational Safety and Health Act of I970 and all roles and regulations issued pursuant therein. Revised 072014