HomeMy WebLinkAbout470501 MERCURY TECHNOLOGIES OF MINNESOTA - PURCHASE ORDER - 9150378PO
PURCHASE ORDER 915037er Page
City of PURCHASE
50378 1 of z
F/' rt Collins( on all invoices,
pacst king
/`„�-\V`I ` V on all invoices, packing
�slips and labels.
Date: 01/15/2015
Vendor: 470501 Ship To:
ELECTRIC UTILITIES
MERCURY TECHNOLOGIES OF MINNESOTA
CITY OF FORT COLLINS
1110 HOLSTEIN DR NE
700 WOOD ST
PINE CITY MN 55063
FORT COLLINS CO 80521
Delivery Date: 01115/2015
Buyer:
ED BONNETTE
Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF
GOODS AND/OR SERVICES, AS NEEDED DURING THE
CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED
ARE ESTIMATES AND NOT A PROMISE TO PURCHASE
ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES.
Line Description Quantity
Ordered
UOM Unit Price
Extended
Price
2015 BLANKET PO 1 LOT
LS
2,500.00
2015 CFL Recycling 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:purchasing@fcgov.mm
Total $2,500.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemption. By statute thc City of Fan Collins is examps fmm state and local place. Our Exemption Number is
99,N502. Federal Excise Tax Exemption Certificate criteria, IN-6000587 is registerd with the Collator of
Imemal Revenue, Denver, Col..& (Ref. Colorado Revised Semmes 1993. Chapter 39-26. 114 (of
Good Rejected. GOODS REJECTED the to failure to meet specifications, either when shipped or due to deforms of
damage in transit, may In, remmN to you for credit and are act to be replaced except upon receipt of wrinen
instructions from the City of Fort Collie.
Inspection. GOODS are subject to the City of Fort Collin inspection on arrival.
Final Acceptance. Receipt of the merchandise, ounfocc or equipment in response to this order can result in
authorized payment on the pan of the City of ran Collie. However, it is to be understood that FRJAL
ACCEPTANCE is dependent upon completion of all applicable required inenedion procedures.
Freight Terms. Shipments must be F.O.D.. City of ran Collins, 700 Wood St, Ford Collins, CO 80522, to.
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
hill must acenmnanv rmorce. Additional chances for mad,me will not be acmoted.
Shipment Distance. Where manufacturers have distributing Points in various puns of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances cad roles of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collie harmless final add against rill liability and loss
incurred by nhem'by rtawa of an Bova red or established violation of my such lass, agenda., oiditedocs. roles
aad rcquimncnts.
Authentication. All parties to this examined agree that the representatives are, in fact, been fide and possess full and
complete amhony to bind said parties.
LIMITATION OF TERMS. This Intchau Other expressly limits accepance to the it. rind cmddiom stated
herein set form and any supplementary or additional tenor and condition Usual hereto or incoryoatd herein by
reference. Any additional or different tune and mWidem proposed by seller ale objected m arm hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou common make complete shipment to arrive on your
promised delivery dole a noted. Time is of the essence. Delivery and performance mot be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
Indication, accepance of partial late deliveries, shall operate as a waiver of do,i provision. In the event ofany delay,
the Purchaser shall have, in addition to other to,[ and equitable remedies, the option cf placing this order elsewhere
and holding the Seller liable fur, damages. However, the Seller shall nor be liable for cl edges as a result of delays
due to canes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acta of GmL ens of civil or mililary authorities, governmental pronouns, fires, strikes, flood, epidemics, wars or
nots 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 Hereof In the event of any such delay, the date of delivery shall be
extended for the peed equal In the rime actually lost by reawn of the delay.
3. WARRANTY.
no Seller warrants not all goods, article, materials ad work covered by this order will campaign with applicable
drawings, specifications, samples ardor order descriptions given, will be fit for the purposes emended, cad
Performed with the highest degree of care and competence in accordance with acceptd standards f work of a
similar nature. The Senn agrees to hold the purebaser bstmless fmm my loss, damage or eapense which me
Purchaser may wlfs or men m acme, of the Sellers breach of weeny. The S<Iler shall replace, Main or make
good, without cast to the pundamer, my defects or faults arising within one (1) year or within such longer named of
more as may be presumed by law art by the lease of any applicable warmny, Provided by the Seller after the date of
acceptance of the goods furnished hereunder (sceprance cat to M communicably delayed), resulting fmm imperfa,
or defective work done or mdcuals bundled by the Seller . Acceptance or rise of goods by the Pumhaucr shall not
consulate a waiver of my claim under this warrwty. Except m othersds provided in this purchase rode. the Sellers
liability heral shall extend to all damage; proximately wusd by the branch of my of the foregoing wamramies
or guarantees, but such liability shall in an event include loss ofpsofie or ton of eae. NO IMPLIED WARRANT
OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal teen by wrinan change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to she corms, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written cb:mge order If any such
change affects the ameanl due or the time of perfomance hereunder, an equitable adjdnment,hall be made.
6. TERMINATIONS.
The Purchaser may at any lime by wnmen change order, terminate this agreement as to any or all portions of me
goofs then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims far amicipatoJ profits tin the uncompleted
portion of the goods amber work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to my goods which are the Sellers standard stock. No such ammonium shall relieve
the Purchaser .,,he Seller ofany offer. obligation as to my goads delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment met be asserted within thirty (30) days tram red date the change or termmu m is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants Thal ell goods sold hereunder shall have bcen produced, sold, delivered ad firturnhed N stria
compliance with ell applicable lass cad regulations to which the good eft subject. The Seller shall execute and
deliver such documents a may be required to effort or evidence compliance. All lows and regulation rnquird to be
incorporated in agreements of this clarazter are hereby incorporated herein by this reference. The Seller agrees m
indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser as a result of the
Sellers failure to comply suit such law.
9. ASSIGNMENT.
Neither party shall resign, tmnfer, or convey this order, or my monies due or to become due hereunder without the
prior women consent ofhe other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims ofathers.
11. NONWAIVER.
Failure of the Purchaser to imist upon atria performance of the reran ad conditions hereof, failure n delay to
breacany rights or remedies provided bctim or by law. facture m promptly aunty the Seller in the evens of.
h, the acceptance ofor payment for goods hereaMn or appmral of the desigv, shall not relmse the Seller of
any, of the waranit. or obligations of this purabase order out it cat be deemed a waiver of any right of due
Purchaser to insist upon strict performance loomfor any offs; rights or remedies as to my such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default heeuder, nor shall Ugly purported
oal madifcatioa ow mchumn of this purchase ardor by On, Purchaser apamte m a waiver of any of the terms
heave(.
11 ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purehmm recognize that In actual economic practice, overcharges mulling fmm wnimnn
violations are in fact home by the Purchaser. Theretofore, for good cause and as coeideatlon for executing this
purchase order, the Seller hereby msigm to the Purchaser any and all claims it may now have or hermfor
acquired under federal or state antiWst laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OP SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or deftctive goofs by a date to be agreed upon by the
Purchaser and she Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work m be performed by the most expeditions means available to it, and the Seller shall pay all
cows associmd with such work.
The Seller shall release the Purchaser and its conlradors of my net fmm all liability and claims of my nature
resulting fiom the performance aflinch work.
This release shall apply even in the event of fault of negligence of the party, released ad shall extend to the
directors, officers ad employees afro ch parry.
The Sellers conoanoal obligations, including waranty, Shall not be dcemd to be reduced, in any way, because
such work is performed or caused to be performed by the Purchxa r.
14. PATENTS.
Whenever the Seller is rryuired to use any design, device, material or process coved by [error, permf trademark
or copyright, the Seller shall indemnify ad save hmmlm the Purchtaa fmm my add all claims for in(ein6emedn
by reason of the use of such patented design, device. material or process in connection with the common. wed
shall idemoifY me Purchaser for my cost, expense or damage which it may be obliged to Pay by reason ofsuch
infringement in any time during the prosecution or after the completion of the work. In case said equipment, or
Ugly pan themuf or the intended vac of the goods, is in such suit held to constimae infringement and the use of
said equipmwt or pan is enjoined, the Seller shall, at in own expense and at its option, either prnum for the
Purchaser the right to continue using said equipment or puts, replace the same with substantially equal but
noniefnnging equipment, or modify it so it becomes noninfnnging:
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an esupnment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property, or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definition ofnerms used or the interpretation of the agreement and the rights ofall parties hereunder shall he
coeuued under but governed by the laws ofthe Stale of Colorado, USA.
The following Additional Conditions apply only in cauges where the Seller is an cerlodm work hereunder.
including the smices of Sellers Representanise(s), an the premise of others.
❑. SELLERS RESPONSIBILITY.
The Seller shall carry m said walk at Sellers own risk writ the same is furry completed and wcepted, ad shall,
in ace of my accident, dextructian or injury to the walk merger maaenals bet Sellers final completion ad
acceptance, complete the work at Sellers own expense and a the smisGcdon of the Purchases. When, materials
and equipmen, are fumuhd by he. far installation or election by the Sella, the Seller shall receive, attract,
store and handle same at the site out become mpo Bible therefor ss though such materials anduor nempmwn
were being( ishd by the Seller under the order.
IB. INSURANCE.
The Seller shall, at his awn expense, provide for the payment of milwas commissioner, including occupational
disease herefils, to its employees employed on or in connection with the work covered by this purchase order,
andtor to their dependenta in accord nee with the laws of the state in which the work is to he done. The Seller
shall also carry comprehensive general liability including, but not limited to, commctual and automobile public
liability imurunce wish bodily injury and death limier of at least $3.0... for any one person. $50f.. for any
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
watractors, if any, to provide for such compensation and in e. Before my of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall Furnish the Pumha;er with a ceni0eme
Nat such compensation and hummuce have been provided. Such cenificates shall specify the data when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Sella agrees that such compensation and inmance shall be maintained until After the
.it,, milk is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby ass es the entire responsibility and liabilityfar any and all damage, loss or injury of any kind
or enure whatsoever to persons or property mood by or resulting fiom the execution arm, work provided for in
this purchase order or in connection herewith. The Seller will indemnify ad held hmmless the Purchaser and any
r all of the Parcbues effects, ¢&ants and cmplayas from cad against any and all claims, losses, damages,
charges or expenses, whether direr or indircrt, and whether to persam or property to which dre Purchaser may
be put or subject by reason of my act, action, naglee, omission or default an the Part of the Seller. any of h6
connzetoes, or any of the Sellers in contractors officers, agents ar employees. In case my suit m Other
procedied, shall be brought egnint the Purchaser, art its officers, egm. art employees at ony time m aacaunt or
by realm of any act action, neglect, omission or default of the Seller of my of his codlmcturs or any of its or
dime officers, agents or employees us aforesaid, the Seller hereby agrees to assume the defense thereof and a
defend the ren e at the Savers own expense, to pay my and all costs, charges, anomeys fees and other experes.
my ad all judgments that may be incurred by in obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon on
obtained against the progeny of the Pmrchaser, or said parties in or as a result of such suits or other prmendings,
the Seller will at once cause the same to be dissolved and disharged by giving bond or otherwise. The Seller and
his contractors shall lake all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, be, without limitation, the
Omupatural Safety and Health Act of 1970 and all roles and regulation issued pursuantthereto.
Revised 07I2014