Loading...
HomeMy WebLinkAbout103941 CITY OF FC MISCELLANEOUS - PURCHASE ORDER - 9112282City of art Collins PURCHASE ORDER Date: 04/21/2011 Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS " CIS " PO Number Page 9112282 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 04/21/2011 1 Buyer: OPAL DICK Note: / Line Description Quantity/ UOM Unit Price Extended Ordered Price TRAFFICE CONTROL LINDEN ST LS 6,475.17 54658 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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.corn Total $6,475.17 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-61R10587 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Shames 1973. Chapter 39 26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be remained to you for credit and am not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fart Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the tans and conditions hereof. failure or delay to exercise any rights or rcmcdics provided herein or be law, failure to promptly notify the Seller in the event urn breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any critic wammics or obligations of this purchase order and shall not be thermal a waiver crony right of the purchaser to insist upon strict performance hcrenfor any of its rights or remedies as inany such goods, regmdlcss of when shipped, received or accepted, as to any print or subsequent default hereunder, nor shall any purported oml modification or rescission of This purchase order by the Purchaser operate is a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise. services or equipment in response to this order can rcvult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Port Collins. However. it is to be understood that FINAL Seller and the Pnrchascr recognize that in actual economic pmcticc, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion Mall applicable required inspection procedures. violations are 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 now have or herca0er Freight Terms. Shipments must be F.O.B.. City of Fort Collins. 700 Wood St., Fort Collins, CO 80522. unless acquired under federal or state antitrust 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 orden bill most accompany invoice. Additional charges for packing will not be accepted. .13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing point% in various parts of the country, shipment is If the Purchaser directs the Seller to comet nonconforming or defective good%by a date in be agreed upon by the expected from invoice the nearest distribution point to destination, and excess freight will be deducted fmnvoice when Purchaser and the Scllcr, and the Seller therea0cr indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm greater distance. may cause the work to be perforated by the most expeditious means available to if. and The Scllcr shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost 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 performed, or requited by any other duly constituted public authority having judsdiclion over the work of vendor. Seller further agrees to hold the City of Tom Collins harmless 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. Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said patties. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the terms and conditions stated herein set forth 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 arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as; noted. Time is ofthe essonce. Delivery and Performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of This provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable rcmcdics, the option ofplacing 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 foreseeable which arc beyond its reasonable control and without its fault Mncgligcnce. such acts of God, acts of civil or military authorities, governmental priorities, fires, mikes Bond, epidemics, wars or riots pmvidcd that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of dcl ivery shall be extended for the period equal to the time actually lost by reason of the delay. 3, WARRANTY, The Seller wamnts that all goods, articles, materials and work covered by this order will conform with applicable dmwings, specifications, samples anchor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and conference in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless Form any loss, damage or expense which the purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make grad, without cost to the purchaser, any 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 crony applicable warranty provided by the Seller ,Act the date of acceptance of the goods furnished hacunder (acceptance not to be unmasmably delayed), resulting Form imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver fany 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 ofthe foregoing wammics or guarantees, but such liability shall in no event include os%ofprafits or loss of axc. 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 toms, other than legal terms, including additions to or deletions From the quantities originally ordered in the specificatiom or drawings, by verbal or written change order. If any wwh change affects the amount due or the time of performance hereunder, an equitable adjustment shall be mnde. 6. TERMINATIONS. The purchaser may at any time by written change order, terminate this agreement as to any or all portions of the good 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 pmRts on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which arc the Sellers standard stock. No such termination shall relieve the Purchascr or the Seller crony of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days From the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller 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 Scllcr shall execute and deliver such duccol as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hacby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign. transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser 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 archers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the went of fault of negligence of the party rdcased and shall extend to the dircmors, officers and employees of such party, The Seller's contractual obligations including warranty, shall not be deemed to be reduced in any way, because such work is perfomtcd or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmeess covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such potential design, des ice. material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may he 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 part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use M said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using slid equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Scllcr shall become insolvent or hankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers properly or business, this under may fortllw ith he canceled by the Purchascr without liability. 16. GOVERNING LAW, The definitions oftcrms used or the interpretation ofthe agreement and the rights efall panics hereunder shall be construed under and governed by the laws critic State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the.serviees of Scllcrs Rcpracntative(s), on the premises of mhos. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry unsaid work at Seller's man risk until the same is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Seller's fimal completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by olhcrs for installation or erection by the Seller. the Seller shall receive, naload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shalh at his man expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the Imes of the 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 bodity injury and death limits of at least S300.000 or any one permn. S500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, irony. to prrvide for such compensation and insurance. Before any critic Sellers car his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been pmvidcd. Such certificates shall specify the dale when such compensation and insurance have been Provided, Such certificates shall specify the date when such compensation 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 or any and all damage, loss or injury of anv kind or nature whatsoever to persons or properly caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indcmnify and held humlICaS The Pnrchascr and any or all of the Purchasers offwcrs, agents and employees fmm and against any and all claims losses damages, charges or expenses, whether direct or indirect, and whether To persons or property To which the Purchascr may be put or subject by reason of any act. action, neglect, omission or default on The pan of The Seller, any of his contractors, or any of the Sellers or contractors offccrs, agents or employees In case any suit or other proceedings shall be brought against the Prehascq or its officers, agents or employees at any time on account or by reason ofa,act, action, neglect, emission or default of the Seller of any of his contractors 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 same at the Sellers men expense, to pay any and all cats, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such snits or other pmecedings, and in case judgment or Other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents comply with all Imes and mpnlmions with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant Imucio. Revised 03/2010