HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISC - PURCHASE ORDER - 9103706Date: 7/16/2010
City of
Fo
rt Collins
Page Number: 1
Purchase Order Number: 9103706
Delivery Date: 7/16/2010 Buyer: S I trtttly, JUMN
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
1 1LOT
Engineering Services
as required for Mason Corridor BRT Project.
Total
City of Fort C91111no Director of Purchasing ana KISK management
This order is alid over $5000 unless signed by James B. O'Neill II, CPPO
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
10,000.00
$10,000.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
L COMMERCIAL DETAILS.
Tax exemptions. By statute the City ofFon Collins is exempt fiom state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cenificare of Registry 84-6000587 is registered with the Collator of
Interco] Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1993, Chains, 39-26, 114 (a).
Goads Rejected. MODS REJECTED due to (lure to meet specifications, either when shipped or due to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wrium
=fractions fiom the City of Fort Collins.
Inspection. MODS are subject to the City of Fort Collins inspection on arrival.
Final Acceptmce. Receipt ofthe mcrchmduse, services orequipment mospoom to this order can mark in mthor ext
payment on the pan of the City of Fort Collins. However, it is to I understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable requred inspection procedures.
Freight Tema. Shipments must be F.O.B., City of Fort Collins, 7W Wood St. Fen Collins, CO $0522, mots
otherwise specified on this order. Ifp.mdssion is given to prepay fieight and charge separately, the anginal might hit
most acompmy invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where mmuGeturas have distributing points in various pare ofthe country, shipment aexpated
from the neared distribution point to destination, and excess half will be deducted fiom Invoicewheenris ,ated
made from greater distance.
Permits. Sellershall praure at sellers sole cost all nec.saryp.rams, certificates and licenses returned by all applicable
laws, regulations, ordinm"s and rules of the state, municipality, territory or Political subdivision where the work is
performed, or required by my other duty constituted public authority having jwisthction over the work of vendor.
Seller further agrees to hold the City of Fort Colfim hamdcss from and against all liability and lass incurred by than by
reason of an asserted or established violation of my such laws, regulations, undertones, rules and requirements.
Authorization. All patties to this contract agree that the representatives we, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Pwchnse Order c.,moly limit sccephrom to the to. and conditions stated herein
se forth and my supplementary or additional terns and conditions amexed hereto or incorporated harem by reference.
Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT hmrediamly ifyou ",mot make complete shipment to arrive an your
promised delivery date as noted Time is ofthe crime. 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 offhanded lace deliveries, shall operate a a waiver ofthis provisionin the event ofanydelay,the
Panama shall have, in addition to other legal andequitable, remedies, the option ofplxcing this order eaewls. and
holding the Seller liable for damage. However, the Sella shall not he liable for damages as a result of delays due to
causes not reasonably foreseeable which are beyond its reasonable control and without its firm ofnghgmw, such=a
of God, ants of civil or military authorities, govanmental priont ". fires, look., Flood, examines wars or riots
provided that notice ofthe conditions coming such delay is given to the Purchaser within five (5) days of the time
when the Seller first received knowledge thereof. In the event ofmy such delay, the date ofdelivery shall be extended
for the period equal to the time =rosily last by reason of the delay.
3, WARRANTY.
The Sella warrants thin all goods, ankles, m roam and work covered by this order will conform with applicable
drawings, spaificesions, samples and/or other descriptions given, will be fit forthe purposes intended, Outperformed
with the highest degree ofcam and competence in accordance with accepted standards for work ofa sindlar future.
The Sella agrees to hold the purchase hamdess from my lass, damage or expense which the Purchaser may suffer or
inew on account Office Sellers French ofwar arty. The Seller shall replace, repair or make good, without cast to the
purchaes any defects or faults arising within am(1)year or within such longer period oftime as may, be proscribed by
law or by the tams of my applicable warranty provided by the Seller after the des of acceptance of the goods
fumahed hereunder( acceptance not to he mr micably delayed), resulting from imperial or detective work done or
materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany
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 Lowell of my of the foregoing warranties or guarantees, but such
liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchases may make changes to legal term by written change order.
5. CHANGES IN COMMERCIAL TEAMS.
The Purchasamuymake my changes to the teens, othathm legal terms, including additions to ordelesions fiomthe
qumtitia Originally ordered in the specifications or drawings, by cabal or written change order. If any such change
affects the amount due or the time of performence hercunda, an equitable adjustment shall he made.
6. TERMINATIONS.
The Purchase may at any time by written change ends, temdnateth s agreement as to my or all non cos ofthe goods
then notshipped, subject to my equitable adjustment omen the patties as to my work or materials then inpragms
provided that the Purchaser shall nml be liable for my claims for anticipated profits on the ocornalued portion afthe
goods and/or work, for incidental or conequential damages, and that no such adjustment b, made in favorafdw Seller
with respect to my goods which are the Sellers standard stock. No such termination shall relieve the Puchaser .,,he
Sells afsry oftheir obligations a to any goods delivered hereunder.
). CLAIMS FOR ADNSTMENT.
Any claim far adjustment must b t asserted within thirty(30) days from the date the change or temnation a ordered.
I. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
coalitions with all applicable laws and regulations to which the goods are subject The Seller shall made and deliver
such documents as may her required to effect or evidence orrpliance. All laws and regulation required to be,
incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella ogreca to
indemnify and hold the Formula hamdess fiom all cows; and damages ruff ed by the Purchaser no a result ofdw
Sellers failure to comply wish such law.
9. ASSIGNMENT.
Neither party shall assign Irmsfeq or convey this order, or my mern ex due or to become due hereunder without me
Prior written cement ofthe other party.
lo. TITLE.
The Seller warrants full, clear and unrestricted title to the Pe rchaer for all equipment, materials, and in. funded
perfa" of this Wardens flea and clear of any and all lions, restrictions, reservations, security interest
mcumxwwi and claims ofothas.
11. NONWAIVER.
Failure of the Purchaser to mail( upon strict palindrome of the terms and conditions hereof, fall= or delay to
exercise any rights or remedies provided herein or bylaw, f lure to promptly notify the Sell,. the event win now,'
the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller ofmy ofthe
warranties orobligmions ofthis purchase order and shall not be deemed a waiwrofmy right ofthe purchaser to meat
upon strict performance hereof or my of des rights or remedies az to any such goods, regardless of who shipped
received or accepted, m to my prior or subsryuent default hereunder, nor shall my purported oral modification or
rescission ofthis purchase order by the Purchaser operate as a waiver of my ofthe terms hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sellaand the Purchaser roams that in actual economic practice, overcharges resulting from senator violations are
in fact home by the Purchases. Theretofore, for good cause and as onsideration for executing this purchase ads, the
Seller hereby welfare to the Purchaser my and all claim it may now have or hereafter mquwed under federal or state
antitrust laws for such overcharges rearing to the Particular goods or services purchased or acquired by the Pmxhaeer
pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nomanfomdng car defective goods by a daze to be agreed upon by the
Purchaser and the Seller, and the Seller thommor indicates its inability or unwillingness to comply, the Purchaser may
"use the work to be Pefomed by the most expeditious mmrrs available to it, and the Seller shall pay all costs
associated with such work.
The Seller shall release the Purchaer and its contractors ofany new from all liability and claims ofmymmum multieg
from the petandi ofsuch work.
This release shall apply even in the event offcult ofnegligence ofthe patty released and shall extend to the directors,
officers add employees ofsuch patty.
The Sellers announced obligations, including warranty, shall not to deemed to ed reduced, in my way, because such
work 6 Performed or caused to Fe perfmmed by the Purchase.
14. PATENTS.
Whenever the Seller is required to use my design, device, material or process covered by lens, patent, trademark or
copyright, the Seller shall indemnify and save hamdess the Purchases from my aew all chains for imiu mat by r.s
ofthe use ofsuch parented design, device, material or process in connection with the contract, and shall indemnify the
Purchaser for my at, expense or damage which it may be obliged to pay by reason of such infringement at any tilde
during the prosecution or aRsthe completion affect work. In case said equipment, or my part thereofor the intended
use ofthe goods, is in such suit held to constitute infringement and the use afield equipment or part a enjoined, the
Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using sued
equipment or parts, replace the same with substantially equal but non -infringing equipment, or modify if eo it bastes
non-nfiinging.
15. INSOLVENCY.
Ifthe Seller shall become insolvent or bankmpt, crake an assignment for the benefit oferaiton, appoint a receiver or
trustee for my of the Sellers property or business, this order may forthwith to canceled by the Purchaserwithout
liability.
16. GOVERNING JAW.
The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall h
construed unites and governed by the laws of the State of Colo wide, USA.
The following Additional Conditions apply only in cases where the Sella is to pafmon work h reunder, including the
services of Sellers Representatives), on the poweeees of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carryon said work at Sellers own risk until the same is fully completed and accepted, and shall, incase
of my accident, destruction or injury to the work sit/., materials before Seller's foal completion and acceptance,
complete the work at Seller's own expense andto the satisfaction ofthe Purchases When materials and o,opmmt arc
furnished by others for installation or erection by the Seller, the Sella shall mans, unload store and handle same at
the site and become responsible therefor a though s uch materials and/or emipnumt were being furnished by the Seller
under the Order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment ofworkers annowasatim, including occupmem,,aeaw
benefits, to its employees employed on or in wanectim with the work covered by this purchase order, and/or to their
dependents in accordance with the laws of the state in which the work is to be, done. The Sella shall also carry
comprehensive general liability including, but not fiadted to, contractual and automobile public liability hssmance with
bodily injury and death limits of u least $300,000 for my one person, $500,000 for my one accident and property
damage limit per accident of $400,000. The Seller shall likewise require his contractors, if my, to provide for such
compound. and insurance. Before any of the Sellers or his contractors employs. shall do my wark upon the
premises ofothers, the Seller shall fiunish the Purchaser with acenificamthat such eand screatim and rco mce have
Fern provided. Such certificates shall specify the date when such calumniation and insurance have been provided.
Such certificates shall specify the dale when such compensation and insurance expires. The Seller Was that such
compensation and insurance shall m maintained until ages the entire work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assures the entire responsibility and liability for my and all damage, loss or injury ofmy kind or
nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this
purchase order or in connection herewith. The Sella will indertmity mdbold hamdess the Purchaser andanyor afiof
the Purchasers officers, agars and employees fiom and against my and all claims, loss., damage, thing. or
expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or lobster
by reason of my act, action, neglect, omission or default on the part ofthe Seller, my of his contractors, or my ofthe
Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the
Purchaser. or its officers, Vents or employees at my time on account or by reason ofany rot, action, nglet, on ision
or default of the Seller oforry of his contractors or my ofits or thew officers, agers or employeo as aforesaid the
Seller hneby agrees to assume the defense thereofand to defend the same air the Sellers ow a expense, to pay my and
all costs,charges, attorneys fen and other expenses, my and alljudgments that may be incurred by or ob edagahm
the Punctual or any of its or their officers. agents or employees in such suits or other proceedings and is case
judgment or rahar lice lie placed upon or obtained against the properly o f the Pureheser, or said parties in arm a melt
ofsuch suits orothnproccausts, the Sellerwill at once cause the same to b, dissolvedmddisebargNbygivmg bard
wothnwim The Seller oil his contractors shall take all safety preceutians, famish and instal all gprods diseases, for
the prevention of accidents, comply with all laws and regulations with regard to safety including, but without
limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pown a at thereto.
Revised 03/2010