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HomeMy WebLinkAbout514019 VOLT MANAGEMENT CORP - PURCHASE ORDER - 9150603Fort Collins Date: 01/26/2015 Vendor: 514019 VOLT MANAGEMENT CORP FILE #53102 LOS ANGELES CA 90074-3102 PURCHASE ORDER PO Number Page 9150603 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: 01/26/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Addendum to P.O. 9147321 to pay remaining 2014 invoices 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.00m 1 LOT LS 1,795.60 Total $1,795.60 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. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Pod Collins is exempt from slate and heal taxes. Our Exemption Number is 98414502. Federal Excise Tax Exemption Cenifeme of Registry 84-6000587 is registered with the Collector of Internal Revenue, Derives Colorado (Ref. Colotado Revised Solutes 1973, Chapter 39-26, 114 (a). Goods Rejoined. GOODS REIECfED due to failure to meet spaificanions, either when shipped or due to defects of damage in tmmit, may be oumal m you for credit and am not to w replaced except upon receipt of versions instructions from the City of Fan Collins. Inspection. GOODS art subject to the City of Fan Collins; inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in motto, to this coder ran result in is mmiaed payment an be part of be City of Fon Collins. Howevice it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable on wort inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fors Collins, 200 Wood St., Fon Collins, CO 80522, =less otherwise specified on this order. If pmnission is given to prepay freight and charge separately, the original freight bill most acampany invoice. Additional charges for parking will not M accepted. Shipment Distance. Where manufctuos have disinWting points in various pans of the country, shipment is expected from be normal distribution Point to destination, and excess freight will be deducted from Invoice when shipments are mile from greater disunce. Permits. Sella site procure at sellers sale cost all necessary permits, cmnifates and licemes required by all applicable laws, regulations, ordinances and roles of the some, municipality, territory or political subdivision whom the work is performed, or required by any other duly anstioted public authority havingjunsdiaion over be work of vendor. Seller fuMa agrees to hold be City of Fan Collins hapless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authodration All parties to this contract agree that the representatives are, in fact, bona Ede and posses, full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits mr,lo eve m the to. and conditions stated herein set forth and any supplementary or additional mods and conditions a=exed hereto or incorporated herein by reference. Any additional or different team and conditions proposed by seller are objected to and hereby rejawd 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot nuke complete shipment to arrive on your promised delivery dam as noted. Time is ardor essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of pci ial Irate deliveries, shall operate as a waiver of this provision. In the ever of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall net be liable far damages as a resell of delays due to causes not easonably foreseeable which we beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, Lines, strikes, flood, epidemics, wars or noes provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when be Sella first received knowledge thereof. In the event of any such delay, me date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, maurials and work covered by this order will conform with applicable convince, specifications, samples and/or other descriptions given, will be fit fr the pudWses intended, and performd with the highest degree of care and competence In accordance with accepted standards for work of a stmllur =tart. The Sella agrees lai hold the purchaser hapless from any loss, damage or expense which the Purchaser may sulTnt or incur on amount of the Sellers breach of wvrmnty. The Seller stall replace, repair or make good, witlwut cost to the purchases any def es or faults arising within one (1) year or within such longer peed of time as may W prescribed by law or by the terms of any applicable wardenry provided by be Seller after be date of acceptance of the goods demisted hereunder (cceptance rot Iw W unreasonably delayed), resulting from imperfect or defective work dote or materials f ished by the Seller. Acceptance or use of good by the Porchrer shall cot liability haeuuder shall extend m ell damages proximately ramcd by be breach of any of fe foregoing warranties or guarantors, but such liability shall in no event inchrAe loss ofpro is or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tarots by wnnen change order 5. CHANGES IN COMMERCIAL TERMS. The purchases may tmke any changes to the corms, other Than legal term, including additiores a or deletions from me quantities naturally ordered in the specifications or drawings, by veAnl or writers change order. If any such change a@its the amount due or the time ofpci nnarde hereunder, an cq.imblc mucomen shall ha made. 6. TERMINATIONS. The Purchaser may an any time by winners change color, roninam mis agm mom as to any or all lowass of me goods men not shipped, subject to any equitable adjustment between me Parties ns to any work or materials then id progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods andtor work, for incidental or consequential damages, and that no such djustmem be made in favor of the Shcer wim respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Sella of any oftheir obligations as to any goods delivered hereunder. 3. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods said harrander shall have been produced, sold, delivered and famished in strict compliance with all vpplicable lows vad regulmions to which the gook are subject The Seller shall execute =d 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 arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign rumored, or convey this woes or any monies due or to become due hereunder without be prior wrimm consent ofthe other pony. 10. TITLE. The Seller wands full, clear and unrtdriacd title m the Purchaser for all equipment, materials, ad items famished in performance of this agreement, free am clear of any and all liens, restrictions, reservations, security inamost encumbrances and claim of Others. I L NON WAIVER. Failure of the Purchaser to insist upon strict Performance of the terms and conditions hereof, more or delay to exercise any rights or remedies prodded herein or by law, failure to promptly notify the Seller in the event of a breach, fe acceptance of or payment for goads hereunder or approval of me design, shall not release the Seller of any of me wamnties or obligations of this purchase order cab shall net be deemed a waiver of any right of me purchaser m insist upon stria performance hererd, any of its rights or amdies as many such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, far shall any personal oral modification or rescission of this purchase ordef by the Purchased operate as a waiver of any of flue terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and be Purchaser recognise but in actual economic practice, overcharges; resulting from antitrust nola0ons are in fact throng by me Purchaser. namable. for good cause and as consideration for executing this purchax coder, the Seller hereby assigns to me Purchaser my and all claims a may row have or hereafter acquired under federal or auto warrant lass for such overcharges holding to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Ifthe Parchaur direct the Sella to correct nonconforming of defective goods by a date to be afraid upon by the Parchment and the Seller, and the Seller therafla indicates its liability or unwillingness to comply, the Purchaser may cause the work to to, performed by the most expeditious means woili ble m it, and me Seller shall pay all costs es sociatd with such walk. The Sella shall release me Purchases and its contractors of any liar from rill liability and claims of any more resulting from the peK ante of such work. This release shall apply even in the went of fault of negligence of tlw party released and shall extend to the ditecmts, officers and employees ofsuch party. The Seller's contractual obligations, including waranry, shall not be deemed to be rduced, in any way, became such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whatever the Sella is required to use any design, device, material or process covered by later, palest, trademark r copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims for ordainment by reason of the use of such patented design, device, material in process in connection with the conduct and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to annual al Infringemm,t and the use of said aluipment or pod is enjoined, the Seller shall, at its own expense and at its upion, either procure for the Purchaser the night to continue using said equipment or pans, contare the same with substantially equal but noninfnnging equipment, or modify it w it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become ins.],at or bankrupt, make as aasignmem for the benefit of creditors, appoint a or wince far any of the Sellers property or business, this order may forthwith ha canceled by be Purchaser without liability. 16, GOVERNING LAW. The definitions ofterms used or the intermountain of me agreement and the rights ofad panics hereunder shall ba coartmed wake, and go waled by be lass of me Stare ofColouda, USA. The following Additional Conditions apply only in cases where the Seller is Ip perform work here=der, including me armies of Sellers Remosentative(s), on the premises ofodmrs 17. SELLERS RESPONSIBILITY. The Seller shall carry an said wank at Sellers own risk until the same is fully completed ad accepter, and shall, se of any accident, destruction or injury to the work cougar materials before Sellers foal completion and accepraoce, complae me work in Sellers own expense and to the.satisfgnion of drc Purchased. When r=tmals and rybipmers art fumuhed by others for installation or erection by the Sella, be Seller shall receive, =load score and handle same at the site and baanrc responsible therefor as though such materials wugm equipment were beingmutation by the Sella=der the order. I& INSURANCE. The Seller shall, at his own expense, provide for be payment of workers compensation, including marratimral disease benefits, to its employees employed on or in connection with the work covered by this purchase order, awl/or to their dependents in accordance with be laws of the state in which the work is m be done. The Sella shall also arty comprehensive general liability including, but not limited no, amactual and automobile public Liability insurance wins bodily injury and death limits of at least S3aa.n00 fro any one person, S50QOaJ' for any one accident and properly damage limit per accident of 5400,000. The Seller shall likewise acquire his if any, to provide for such compemvtion and insurance. Before any of the Sellers or his commands employees shall do any work upon be promises of others, me Seller shall famish the Purchaser with a conificare that such compensation and insurance have ban provided. Such certificates shall specify the date when such compensation and insurance have ban provided Such cenifates shot] specify me date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby Somme, the entire responsibility and liability for any and all damage, loss or injury army kind or nature whomever to Persons or progeny caused by or resulting from the execution of she work provided for in this purchase order or in connection herewith, The Seller will indemnify and hold hmmless the Purchaser and any cr all of the Purchased, officers, agent and employees from and against any and all claims, lasses, damages, harges or expenses, whether direct or induas and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his examemrs, or any of the Sellers or contractors otbcas, agents or employees. In caw any suit or other proceedings shall be brought against the Purchases or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or defaut of the Seller of nny of his concaams or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at me Sellers own expense, a pay any and call cnsts, charges, arameys fees and other expenses, any and all judgments that may be incurred by or obtained against me Purchases or any of its or their officers, agents or employees in such sails or other proceedings, and in case judgment or other lien to, placed upon or regional against me property of the Purchaer, or said parties in or as a result of such suits or afar procedings, the Seller will at ontt cause the same to be dissolved and dischargd by giving bard or otherwise. The Sella and his contraction shall take all safety precautions, famish and install all guards necessary, for the prevention of accidents, comply with all laws ad agulatiors with regard m safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant merom. Revised 07R014