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HomeMy WebLinkAbout103941 CITY OF FC MISCELLANEOUS - PURCHASE ORDER - 9111868City of �.F.�ort Collins PURCHASE ORDER PO Number Page 9111868 1of2 This number must appear on all invoices, packing slips and labels. Date: 04/05/2011 Vendor: 103941 Ship To: WATER UTILITIES CITY OF FORT COLLINS MISCELLANEOUS CITY OF FORT COLLINS ** CIS ** 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 04/05/2011 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price TRAFFIC CONTROL LINDEN ST PROJ 1 LOT LS 10,305.16 54567 U City of Fort Collins Director of Purchasing and Risk Management This order is not valid 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 Total Invoice Address: 10,305.16 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certifiwtc of Registry 84-6000587 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Shames 1973, Chapter 39-26. 114 (a). exercise any rights or remedies pmvided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or aprom al of the design, shall not release the Scllcr of Goods Rejected. GOODS REJECTED due to failure to meet specifications, cifl a when shipped or due to defects of any of the oamnties or obligations of this purchase order and shall not be dcemod a waiver crony right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of wrinen purchaser to insist upon strict performance hercnfor any of its rights or remedies as many such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported on] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the mcmhandise, scrviecs or equipment in response to this order can rendt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understeM that FINAL Seller and the Purchascr recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable requited inspection procedures. violations arc in fact home by the Purchaser. Theretofore. for good cause and as consideration for executing This purchase order, the Seller hereby ,assigns to the Purchaser any and all claims it may new have or heroaftcr Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St.. Fora Collins, CO 80522, unless acquired under federal or state animist laws for such overcharges relating to the particular goods or services otherwise specified on 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 most accompany invoice. Additional charges for packing will not be accepted. I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconfomine or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller. and the Seller thereafter indicates its inability or unwillingness to corrupts. The Purchaser shipments arc made boom greater distance. may cause the work to be performed by the most expeditious means available to it, and the Scllcr shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of The state, municipality, territory or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller lumber agrees to hold the City of Fort Collins harmless from and against all liability and loss incermd by them by reason of an asserted or established violation of any such laws, regulations, ordinances, odes and requirements. Authorization. All parties to this contract agree that the representatives are. in fact, bens fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fool, and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive ran your premised delivery date as noted. Time is of the essence. Delivery and perfomance 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 panial late deliveries, shall operate as a waiver ofthis provision. In the event ofany 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 not be liable for damages as a result of delays due to causes not reasonably fortseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, govemmental priorities, fires, strikes, Rood, epidemics, wars or riots pmvided that notice of the conditions causing such delay is given to the Purchascr within five (5) days of the time when the Seller Furst received knowledge themnf. In the event of any such delay, the 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, materials and work covered by this order will conform with applicable showings, specifications, samples and/or other descriptions given, will be fit for the purpuscs intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold The purchaser harmless from any loss, damage or expense which the Purchascr may suffer or incur on account critic Sellers breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable wamnty, provided by the Seller fiber the date of acccramcc ofthe goods furnished ha tumor (acceptance not to be unreasonably delayed), resulting fmm imperfect Or defective work done or materials famished by the Seller. Acceptance or use of goods by The Purchascr shall not constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall eatend to all damages proximately caused by the breach of any of the foregoing svmmmicx or guarantees, but such liability shall in no event include Ions ofp.fils or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities migmally ordered in the Weifiwtions or drawings, by verbal or written change oNer. If any such change xHects the amount due or the time ofperformancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchascr may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchascr shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Scllcrs standard stock. No such tamination shall relieve the Purchascr or the Seller crony officer obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or tcmuination is ordered. S. COMPLIANCE WITH LAW. The Scllcr warrants that all goads sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller 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 am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchascr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tmader, or convey this order, or any monies due or to become due hereunder without the prior written consent office other party. 10. TITLE, The Seller wamnts full, clear and unrestricted title to the Purchascr for all equipment, materials, and items furnished in performance of this agreement free, and clear of any and all liens, restrictions. reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser mad its contractors of any Ilcr from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the went of fault of negligence of the party released and shall extend to the directors, officers and employees ofsch party. The Settees contractual obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or proecss covered by letter, patent, badcmark or copyright, the Scllcr shall indemnify and save harmless the Purchaser from, any and all claims for infringement by mason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion o(the work. In case said equipment, or any pan thereof or the intended use of the goods, is in .such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option. either pmcurc for the Purchascr the right to continue using mid equipment or parts, replace the time with subs amially equal but noninfringing equipment, or modify it so it becomes n uninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint it receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchascr without liability. 16, GOVERNING LAW. The definitions oftcros..,oil or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the Imes of the State of Colomdo, USA. The following Additional Conditions apply only in cases wham the Seller is to perform work hereunder, including the services of Scllcrs Rcpmsentativc(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Shccrs own risk until the same is fully completed and accepted, and shall, in case of any accident, desm¢tioa or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchascr. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, .store and handle same at the site and become respmnsmle therefor as though such materials and/or equipment were being fbrarkbed by the SCller under the order. 18. INSURANCE. The Scllcr shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to it, employees employed on or in connection with the work coverer) by this purchase order. and/or to their dependents in accordance with the laws ofthe state in which the work is to be done The Seller shall also carry comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with hMily mine, and death limits of at least S30o.000 for any one person, S500,000 for any one accident and property damage limit per accident of S400010. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employers shall do any work upon the premises ofothers, the Seller shall famish the Purchascr with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been pmvided. Such certificates shall specify the doe when such eompeasatinn and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the 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 ofany kind or nature whatsoever to persons or property caused by or resulting from the eccc.li.n of the work pmvided for in this purchase order or in comteclion herewith. The Seller will indemnify and hold harmless the Purchascr and any or all of the Purchasers officers. agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmpeny to which the Purchascr may be put or subject by reason of any act. action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any snit or other proceedings shall be brought against the Purchascr, or its effects, agents or employees at any time on account or by reason of any act, action. neglect, omission or default of the Seller of any of his enntmetem or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the mer,.1 the Sellers own cxpmc, m pay any and all costs. charges, atm ncys fees and other expenses, any and all judgments that may be incurred by or nbtaincd 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 or obtained against the pmperty ofthe Purchaser, or said parties in or as a result ofsuch snits or other proceedings. the Seller will at once cause the some to be dissolved and discharged by giving bond or othcnvim. The Seller and his contractors shall take 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, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant Ihcrcto. Revised 03/2010