HomeMy WebLinkAbout492333 SOLOMON CORPORATION - PURCHASE ORDER - 9150035Fort Collins
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PURCHASE ORDER
PO Number Page
9150035 1 1of2
This number must appear
on all invoices, packing
sli s and labels.
Date: 01/06/2015
Vendor: 492333 Ship To: UTILITY SERVICE CENTER - WA
SOLOMON CORPORATION CITY OF FORT COLLINS
PO BOX 245 700 WOOD ST
SOLOMON KS 67480 FORT COLLINS CO 80521
Delivery Date: 01/06/2015 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2015 Blanket Purchase Order 1 LOT LS 50,000.00
transformer repair
CONTRACT TO PROVIDE ALL MATERIAL, LABOR AND TRANSPORTATION FOR THE REPAIR OF
VARIOUS DISTRIBUTION TRANSFORMERS IN ACCORDANCE WITH CITY OF FORT COLLINS
LIGHT AND POWER SPECIFICATION #368-595, REVISION D.
Dollar amounts specified are estimates and not a promise to purchase any minimum
amount of such goods and/or services.
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
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
F2Mm e)V.ra 10C�"T3�7r .ITr.K14W- 1 165fl
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemption,. By sutme rise City of Fan Collins is exempt from state and local uses. Our Exemption Number is
11. NONWAIVER.
98-04503. Federal Exclaim Tax Exemption Certificate of Registry 84-60oo58T is registered with the Culiacan, of
Failure of the Issairchaver to insist upon strict Performance of the terms Mall conditions hereof, failure or delay to
Interest Revenue, Denver, Colorado (Ref. Colorado Revised Sumter 1973, Chapter 39-26. 114 (a).
exerrom say rights in remedies presided herein or by law, failure in pmmprly notify the Seller in the event of a
btmch, the acceprmce ofm pa,mmt for goods hereunder or approval of the design, shall not release the Seller of
Good Reject GOODS REJECTED due to failure to meet spceifications, either wltm shipped m due m defects of
any of the waranlim or obligations of this purehou under W dull we be deemed a Maier, of my right of the
damage in rears . may he rebound a you for craft and are not to M replaced except upon receipt of written
Paafhuer to insist upon sums, prof hereof err any of its rights or remedies as as my such 8wd, regardless
instructions from the City of Fort Collin,.
of when shipped, received or accepted, as to any prior or subsequent defech hereunder, nor shall eery potponed
real modification or rescission of this purchase order by Jre Purehas. operate. a waiver of my of rise team
Impaction. GOODS are subjecuo the Ciry of Fort Collins inspection an arrival,
hereof.
Final Acceptance. Receipt of the merchandise, services or equipinmt in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of ,he City of Fort Collins. Howxva, it is to be understood that FINAL
Sella and rise Puchaser recognize that in actual economic practice, o acharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violation, arc in fact home by the Purchaser. Theretofore, fogood exam aM as consideration for executing leis
purchase order, dust Seller hereby assign, to he Pumh.er any and all claims it may vow have or member
Freight Trans. Shipments must be F.0 B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless
sceptical under federal or sale antitmst laws for such overcharges relating ea the particular good or services
otherwise specified oa this order. If permission is given to prepay freight and charge separately, the original 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 d6fflaang points in e., pans of thou e country, shipment is
If the Purchaser directs the Seller to correct nonconforming or defecrov goods by a date co be agreed upon by the
expected from the nearest distribution point to deaticamonfreightand excess fight will be deducted from Invoice when
Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments art made from greater dst rm,
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
cost associated with such work.
Pa rie. Seiler shall pmwrt at sellers sole cost all necessary permit, certificates and licenses required by all
applicable laws, regulations, ordinances and roles of the sate, municipality, territory or political subdivision where
the work is performed, or required by any other duly co.timted public authority having jurisdiction over due work
of vendor. Seller further agrees m hold the City of Fort Collins harmless from and against all liability and loss
mcurnd by them by mason of an asserted or esablehed violation of any such laws, regulation, ordinances, roles
and requirements.
Auforiaation. All Issues to this contract agree that the representatives are, in but, form fide and possess full mal
complete authority to bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance or the terms and condition, awed
herein set forth and any supplemmery or a lfloo.l tams and constants annexed hems or memoranda! herein by
refrreme. Any additional or different tears and conditions proposed by artier are objected to cad hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT imm idurely ifyou mnmr make complete shipment on sense on you,
Promised delivery date As noted. Time is of the rinse. Delivery awl performance ma M effected within due time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of panial law deliveries, shall opeme as a waiver of this provision. In the ever, of any delay,
the Purchaser shall have, in addition in other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not easonably foreseeable which am beyond its reasonable central and without its feel, wnegligent,
such act of God, act efcivil or military amhonties, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) dys of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the peried equal to the time actually lost by reason rfthe delay.
3. WARRANTY.
The Seller werawas that all Snell, articles, materials and work covered by this order will ronform with applicable
drawings, specifications, samples unfair other descriptions given, will be fit for go, ptuposes amended, and
performed with the highest degree of care and competence in accrndmce with accepted suMard for work of a
milar ... The Seller agrees to hold the pochasr harmless from any lass, damage or expense which Ja
Purchaser may sufferer incur our acmunt of due Sellers breach of warunry. The Sella shall replace, repair or make
good, without cost in the pmcmasr, any defects or fault arising within rare (I) year or within such longer period of
Mime. may be prescribed by law or by the hems of my applicable warned, provided by the Sella after he date of
acceptance of the goods furnished hereand r (acceptance nor to be ummso.bly delayed), resulting from imperfect
of defective work done or maerialis famished by he Seller. Acceptance or use of goods by he Purchaser shall net
o.timte a waiver of my claim under this warranty. Carps M otherwise provided in his purchase under, the Sellers
liability hereunder shill extend to all damages proximately caused by he bench of any of fr foregoing Maranties
or ga mamas, but such liability shall in no anent in Lode loss ofpmfit or loss of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchases may make changes to legal tams by wriacr change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purcbmarr, may make any changes to the temss, o he, than legal team, including aldirims m or deletions from
,he quantities migioully ordered is the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the rime of perfmmmce hereunder, an equitable adjustment shall be mode.
6. TERMINATIONS.
The Purchaser may at any time by written change red, terminate this agreement as to any or all portions of the
good then not shipped, subject to any equitable adjustment between the parties as to any work or remains then in
progress provided that he Purchaser shall not be liable for any claims for mlicipated p ,fin, on the uncompleted
portion of the good and/or work, for incidental or consequential damages, and that m such adj.ucent be made in
favor of the Sella with respect to any goods which me the Sellers amounted stack. No such termination shall calieve
Oe Purchasm or de Seller fany of their obligations as to any good delivered har. miler.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be weaned within thirty (30) days from due dam Je change of mormation is
isdered.
S. COMPLIANCE WITH LAW.
The Sella warrants Jut all good sold hereunder shall have bcen produced sold delivered reed famished in strict
compliance with of e,liable laws and regulation, m which he Bands, we subjact. The Seller andt ecame and
deliver such documents as may be terminal no eff m m evidence compliance. All laws and re,.[air.. required to be
max,crmed in agreements of this character are hereby momprmred herein by this refeence. The Seller agrees to
indemnify and hold the Purchaser harmless from all casts and damages mlTered by the Purchaser. a mull of rise
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pay shall .sign, transfer, or convey this under, or any monies due or to become due hereunder without the
prior wrhen cement offe other parry.
10. TITLE.
The Seller viaticums full, clear and unrestricted title to due Purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clear of my and all liens, restrictions, matavatio s, Mmrity interest
mcumbmnces and claims ofod ers.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any mture
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the pan, released and shall extend to the
directors, afhcers and employees ofsuch pony.
The Sellers contractual obligations, including warranty, shall not M deemed m W reduced, in any way, because
such work is performed or mused to M performed by fly, Parciver,
14. PATENTS.
Whenever the Sella is required to use any design, device, material or process covered by lane,, pens, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design. desire, momdal or process in carnation with the emtmct, and
shall indemnify the Purchaser for any cost, expense or damage which it carry he obliged an pay by reason ofsuch
iuGngement at any time during the prosecution or after the completion of the work In case said equipment, or
My part thereof or the intended use of due fonds, is in such it held to m smare inGagemem aM the use of
said equipment or par is enjoined, On Seller shall, at its own, expense and at its option, either procure for the
purchaser the right in continue using mid equipment or parts, replace the same with substantially ausl but
nrninGnging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make on assignment for the benefit of creditors, appoint a
receiver or lessee for any of the Sellers property or business, this order may forthwith b, canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The defiaitiomat of temss used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
construed under anal governed by the laws of the State of Colorado, USA.
The fallowing Additional Conditions apply only in rasa where the Sell. u to perform wars, hereunder,
including the services of Sellers Repreunmive(s), m the premises ofothas.
❑. SELLERS RESPONSIBILITY.
The Sella shall car, on said work at Sellers own risk until she same is fully completed and accepted, and small,
in use of my m idem, destruction or injury to rise work md/or materials before Sellers final completion and
accemence, complete the work or Sellers own expense wad to the smisacum of the Purchaser. When mderiels
and egulpmew are famished by others for installation or erection by the Seller, the Seiler shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials sandier equipment
were being fmished by due Sella under the order.
I B. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupationd
disease benefm, to its employees employed on or in connection with the work covered by this purchase order,
mdow to their dependert in accordance with the laws of the stale in which the work is to b, done. The Seller
shall also carry comprehensive gmeml liability including, but not limited to, continental and automobile public
liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 for any
one accident and property damage limit Per accident of $400,000. The Seller shall likewise require his
contractors, if very, to provide for such compensation and insurance. Before any of the Sellers or his cuntractme
employees shall do any work upon the premises of others, the Seller shall famish due Purchaser with a cenifirem
that such compensation and insurance have been provided. Such certificates shall specify the &a when such
amp naudion and insurance have been provided. Such ceni0cates shall specify the date when such compensation
and insurance expires. The Sella agrees that such compensation and assurance shall be maintained until after the
entire Mork is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the retie responsibility and liability for my and all damage, loss or injury of my kind
r nature wheresoever a Persons or propc,ty mused by or resulting from he execution oftlrc work provided for in
this purchase order in in contrarian herewith. The Sella will indemnify and hold harmievi the Parcbascr and my
or ell of the Purchasrs officers, agents and employees from and against my and all claims, losses, damages,
charges or expenses, whether or. or iMirect, and whether m person, or Prepary to which he Purchaser may
be put m subject by ,own of my ttL action, deflect, omim. of default on the part of Je Sella, any of his
contractors, or my of thr Sellers or commerms officers, agents or employees. In rase my suit or other
proceedings shall be bought against the Purchser, or its officers, agents or employees at any tine on account or
by mason of my act, action, roiliest, omission m default of the Seller of my of his cmtrectors or my of its or
their officers, agents or employees m afoessid, the Seller hereby agrees to same due defense hereof and to
defend due mute at me Sellers awn expene, to pay any and all comm, charges, attorneys firs anal other expenses,
my and ail judgment door may be incural by or obtained aion, ,he Purchaser or any of its or their officers,
agents or employees in such suits m other proceedings, and in case judgment m other lien be placed upon or
obtained against the property of the Purchaser, or said pales in or. a result crouch suits or other proceedings,
the Sellawill at once cause the mine to be dissolved and discharged by giving bond or ohavow. The Seller and
his contractors shall take all safety pree mlom, famish and i.ull all guards necessary for the prevention of
accident, comply with all laws and regulations with regard to safety including, but without limitaion, the
Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto.
Revised 07C014