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HomeMy WebLinkAbout514019 VOLT MANAGEMENT CORP - PURCHASE ORDER - 9150602Fort Collins PURCHASE ORDER PO Number Page 9150602 1012 This number must appear on all invoices, packing sli s and labels. Date: 01/26/2015 Vendor: 514019 Ship To: ELECTRIC UTILITIES VOLT MANAGEMENT CORP CITY OF FORT COLLINS FILE #53102 700 WOOD ST LOS ANGELES CA 90074-3102 FORT COLLINS CO 80521 Delivery Date: 01/26/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2015 Purchase Order for 1 LOT LS 30,000.00 Tomoko Pierce SCO hourly employee ,'Av lil 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.mm 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. COMMERCLV.DETAILS. Tax exemptions. By statute the City of Fart Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 95-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with be Collector of Failure of the Purchaser to insist upon mid odbo nmce of the It. and conditions hereof, failure car delay to Interal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure in promptly notify the Seller in the event of a breach, the accagemce ofor payment for goods hereunder or approval of the design, shall act releme the Seller of Goods Reject d. GOODS REJECTED due to failure to meet spmificaliom, either when shipped or due to defects of any of the warranties or obligations of this purchase order and Shall not be deemed a waiver of my right of the damage in tramit, may be trimmed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict perfonmanm hereof or any of its rights or remedies as an any such goods, regardless inswetims from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequed default hereunder, nor shall my purported om1 madi Edition or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Ifspection. GOODS are subject o the City of Fort Collins inspection on critical. hereof. Fiat Acceptance. Receipt of the merchandise, services m equipment in remsdoe to this order <aa result in 13. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment an the our of the City of I. Collins. However, it u to be understood that FINAL Seller and the Producer Ittognize shot in actual economic Prce, overm charges resulting from litrust actigood ACCEPTANCE is dependent upon completion of all applicable requited inspection procedures. violations are in fact borne by the Financed. Thernofore fier cause and as consideration for exemfing this purchase order, the Seller hereby assigns to be Purchaser my and all claims it may now have or hereafter Freight Tams. Shipments most be F.O.B., City of Fort Collins, 'HILL Wood St., Tort Collins, CO 80522, unless acquired under federal in state antitrust laws for such overcharges relating to be particular goods or services munwom specified an this abler. If pemmissim is given to prepay (might and charge sepamtciy, the original freight purthased or acquired by she Purchaser pu sumr to this parchre order. bill most accomwny invoice. Additional chames for puking will net be accepted. Shipment Distance. Where manufacturers have distributing points in usricus Pare of the country, shipment is expected from be summit distrgbution point to destitution, and excess freight will be deducted from Invoice when shoundid are made from greats distand. Permits. Seller shall procure at sellers sole cast all necessary peonits, cenifidotes and licenses required by all applicable laws, regulations, commander and rules of the state, municipality, territory or political subdivision where the work is per area or restaurant by any other duly cemtimed public authority baviogjbitabuion over the wok of vendor. Seller fuller agrees re hold the City of Fort Collins harmless from and agairrst all liability and lass incurred by them by reams of an assured or established violation of any such laws, regulatiam, commands. m1. and"aimended. Anchormartion. All ponies to this mane, agree but the rcprexnNticcs arc, in feel. boa fide and pasess full and complete authority be bind said panics. LIMITATION OF TERMS This Pumhasc Order expressly [imio acceptance to the tams all conditions sated herein set forth and my supplementary or additional terms and conditions annexad harem or incorporated hacim by reference. Any additional or dBltmt outs and coudltiam purposed by tiller are objected to said hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you donnot make complete shipment on arrive can your promised delivery doe we noted. Time is of the rescrce. Delivery and performance must be dflermd within the time stated on be purchase order and be documents machnt hereto. No acts of the Purchrers including, without limitation, acceptance of pmial late deliveries, shall operate as a waiver of this provision. In the event of any delay, be Purchases star] have. in addition to other legal and equitable rtmndles, the option ofplacmg this order elsewhere and holding the Seller liable for damages. However, the Shca steal at c liable for damages as is u suR of delays due to douses not reasonably Endurable which are bcymd its tamable control and without its fault of negligence, such over of God, acts ofcivil or miliary authorities, govemmenml priorities, fires, strike , flood, epidemics, wars or nos provided bar notice of be conditions dousing such delay is given to the Purchaser within fare (5) days of the time when be Seller first received knowl Wge thereof. In the event of my such delay, the date of delivery shall be extended for be period equal to be time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work deverW by this order will conform with applicable drawings, specifications, samples mkor other descriptions given, will be fit for be purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar name. The Seller agrees to hold be purehover humorless fmm ay loss, damage or expense which the Purchaser may suffer or incur can account of thc Sellers breach of wamanly. The Seller shall replace, repair or make good, without cost to the purthose , my defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of my applicable warranty provided by be Seller and the data of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), reaping from imperfect or defective work done or materials f ishad by the Seller. Accep wa or the of goods by the Pardoner shall not comfort, a waiver of any 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 any of the foregoing warranties or Summers, but such liability shall in no event include loss of profits of leas of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pmchmm may make changes to legal temp by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the reran, other than legal terns, including additions to or deletions from the quantities originally ordered in the spacifcatimrs or drawings, by verbal or written change order. II' any such change affects the nomad due or the time ofpchimarance hereunder, an excitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portion, of the goad than not shipped, subject to any equitable adjustment between the ponies as in any work or materials then in pmgrtss provided then the Purchaser shall not be liable for any claims fur anticipated profits can the uncompleted portion of the good ankor work, for incidental or consequential damages, and that no such adjustment be made in favor of fie Seller with respect to my goods which are the Sellers standard stock. No such termination shall relieve the Puabasa or the Seller of my of their obligations as to any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivacd and thmished in short compliance with all applicable laws and regulations to which the goods are subject. The Seiler shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold be Luminesces harmless from all casts mud damages suffered by the Purchaser r a result of the Sellers failure to comply wish such law. 9. ASSIGNMENT. Neither parry shall rsign, member, or convey this order, or my monies due or to become due hereunder without be poor written content of the other party. 10. TITLE. The Seller wasmas full, clew and mfestricted title to the Purchases for all equipment, materials, and items famished or performm of this agoment free and clear of my adi all lines, restrictions, reurvatiom, security business encumbrances and claims afothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs be Seller in correct mnconfcoming or defective good by a data an be agreed upon by be Purchaser and be Seller, and be Seller thereafter indicates its inability or unwillingness m comply. the Purchaser may cause the work to be Performed by the most expeditious means available to it, and be Seller shall pay all cuss aouiciated with such work. The Seller shall mt. the Purchaser and its contractors of any tier fiom all liability and claims of my vubm mulling from the performance ofaoch work. This ¢lease shall apply even in the event of fault of negligence of the pony released and shall extend to be directors, officers and employees ofsuch parry. The Sallces communal obligations, including warranty, shall not be deemed to be reduced, in my way. became such wok a performed in fired to be performed by the Purchaser. 14, PATENTS. Whenever be Seller is r quirN to use my design, device, mmmal or Process covered by loner, patent trademark r copyright. be Sella shall indemnify all save I:amdeca be Purchased Gam my and all claims far infringement by adown of be use of such patmted design, dmSa, mammal as poese in comearm. wish the contract, all shall indemnify the Purchaser for any cost, expense or damage which it may be obliged m pay by mumn of such infringement at my time during the prosecution or after be completion of the work. In ease said equipment, or any pm thereof or the intended use of the goods, is in such suit held to mastimte moratnncm and the use of said equipment or Pm is joined, the Seller shall, at its own expense and at its option, either procure far the Purchases the right to continue ring said equipment or pars, replace be same wish substantially n3ml but comminuting equipment, or modify it we it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or baN:mpt, make an assignment for be brnefrt of creditors, appoint a rediver or trustee for my of the Sellers property or biomass, this other may foMwith be doweled by be Furchmer without liability. 16. GOVERNING LAW. The definitions oftems used or be commiseration afthe agreement and the rights of all putties hereunder shall be construed under and governed by the laws of be State ofColomdo, USA. The following Additional Conditions apply only in dows where be Seller is to pmanm work hereunder, including the services of Scllers Represenatisda, on be premises ofobers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk mail be same is fully completed and accepted, and shall, in se of my accident, destruction or injury, to be work mkm materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to be satisfaction of be Purthmer. When materials and equipment arc furnished by others for installation or erection by be Seller, be Seller shall receive, unload, store and handle same at be site and become responsible therefor as though roan materials maker equipment were being famished by the Seller under be other. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease bends, to its employees employed on or in connection with be work covered by this purchase order, ankor to their dependents in sccordance with the laws of the state in which be work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited a, com actal and aummobile public liability insurance with bud,ly injury and dcnN limits of at least UOO,OW for any one person, s500,0m) for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if tiny, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall fish she Purchaser with a certificate that such compensationsconfensations and insuource have been provided Such cerofica¢s shall specify be date when such compensation and insurance have been provided. Such certificates shall specify, the data when such compensalion and insurance expires. The Seller agrees that such compensation and returned, shall be maintained until a0er be 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, loss or injury of my kind or nature whosoever to persons or property cared by or resulting from be execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold M1zraddex the Provisoes aid my cr all of the Purchases officers, agents and employees from and against any and all main¢, losses, damages, harges or expenses, whether dirty or Taboret, and whether to persons or popery an which the Purchaser may be put or subject by reaon of any act, action, neglect, omission or default m be part of be Seller, my of his contractors, or my of be Sellers or contractors officers, siesta or employees. In dom my suit or other proceedings shall be brought against he Forehead, or its officers, agents or employees at my time on account or by reason of any act, action, neglect, omission or default of the Seller of my of his cortmctars or any of is or their officers, agents or employees as aforesaid, be Seller hereby agrees to ussume be defense thereof and to defend the same at the Scllers own trapdoor, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgmmm that may be incurred by or obtained against the Purchase or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against be pmperry of be Purchaser, or said Parties in or as a result of such suits or other proceedings, the Seller will at once some the same to he dissolved and discharged to giving bond or otherwise. The Seller and his sumbecrors shall take all safety poeutiom, fie isb and inaoll all guard naressary for be prevention of accidents, comply wish all laws and regulations with regrand to safety maludbg but without limitation, the Occupational Safety and Health Act of 1970 and all mars and regulations issued pursunnr therein. Revised 0]R014